Ordinance 04-013 Establishes Article I, 1.20 of UDC Enforcement of Penalties r .
CiTY OF SPOKANE VALLEY
SPOKANE COUNTY,WASIT_iNGTON
ORDINANCE NO. 04-013
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING
ARTICLE I SECTION 1.20 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE
RELATING TO ENFORCEMENT AND PENALTIES; REPEALING ORDINANCES IN
CONFLICT; AND PROVIDING FOR S:EVERABILITY AND EFFECTIVE DATE.
WHEREAS,Ordinance No. 03-078 was published on September 12, 2003; and
WHEREAS, it. is the policy of the City of Spokane Valley to emphasize code compliance by
education and prevention as a first step. This policy is designed to ensure code compliance and timely
action that is available to all persons and uniform in its implementation; and
WHEREAS,this policy is designed to ensure code compliance and timely action that is available
to all persons and is uniform in its implementation; and
WHEREAS, It is the intention of the City to pursue code compliance actively and vigorously in
order to protect the health, safety and welfare of the general public;
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordain
as follows:
Section 1. Article i of the Spokane Valley Development Code is hereby established pursuant to
Attachment"A" made a part hereof for all purposes.
Section 2. Severabilit'. if any section, sentence, clause or phrase of this ordinance should be held to
be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this
ordinance
Section 3. Effective date. This ordinance shall be in full force and effect five (5) days after publication
of this ordinance or a summary thereof in the official newspaper of the City as provided by law.
Approved by the City Council this 23rd day of March,2004.
Michael DeVleming, Ma r
ATTE;110, ,
Ghristine Bainbridge, City Clerk
Ap
(
roved as to fern '
I 4 . J/
ary P t. riskell, Dep City Attorney
Date of publication:_ V" d/
Effective date:_ 9 - '7 O /
Ordinance 04-013 Article 1 Section 1.20 EnforcementlPcnalties Page 1 of 17
Attachment"A"
ARTICLE 1
Section 1.0.4.19.Reserved.
Section 1.20.Enforcement and Penalties.
1.20.01.—Definitions.
A. "abate" means to take whatever steps are deemed necessary to ensure that the property complies
with applicable code requirements. Abatement may include, but is not limited to, rehabilitation,
demolition,removal, replacement or repair.
B. "code violation" means and includes an act or omission contrary to:
. Any ordinance, resolution, regulation or public rule of the City that regulates or protects
the use and development of land or water; and/or
2. The conditions of any permit, notice and order or stop work order issued pursuant to any
such ordinance, resolution,regulation or public rule.
C. "The City" means the City of Spokane Valley, Washington, acting by and through the authorized
representatives and agents designated by the City Manager.
D. `days" will be counted as business days when five or less days are allowed to do an act required
by this Ordinance. "days"will be considered calendar days when more than five days are allowed to do
an act required by this Ordinance.
E. "determination of compliance" means a written statement from the City that evidence to
determine that the violation(s) has been sufficiently abated as to the violation(s) stated in the voluntary
compliance agreement, notice of violation, notice and order or stop work order.
F. `found in violation" means"
. That a notice of violation, notice and order or stop work order has been issued and not
timely appealed; or
2. That a voluntary compliance agreement has been entered into; or
3. That the Hearing Examiner has determined that the violation has occurred and such
determination has not been stayed or reversed on appeal.
G. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of
Spokane Valley Ordinance number 57 as adopted or hereafter amended.
H. `mitigate" means to take measures, subject to City approval, to minimize the harmful effects of
the violation where remediation is either impossible or unreasonably burdensome.
L "permit" means any form of certificate, approval, registration, license or any other written
permission issued by the City. All conditions of approval, and all easements and use limitations shown
on the face of an approved final plat map which are intended to serve or protect the general public are
deemed conditions applicable to all subsequent plat property owners, owner's tenants,and owner's agents
as permit requirements enforceable under this chapter.
Ordinance 04-013 Article 1 Section 1.20 hnforcernentdPenalties Page 2 of 17
J. "person" means any individual, association, partnership, corporation or legal entity, public or
private, and the agents and assigns of such individual, association, partnership, corporation or legal entity.
K. "person responsible for a code violation" means the person who caused the violation, if that can
be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy
of the property where the code violation occurs.
L. "public rule"means any rule properly promulgated to implement provisions of this code.
M. "remediate" means to restore a site to a condition that complies with sensitive area or other
regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded
under prior ownerships, restore to a condition which does not pose a probable threat to the environment or
to the general public health, safety or welfare.
N. "resolution" for purposes of this chapter means any resolution adopted by the City of Spokane
Valley City Council.
1.20.02. — Relationship to Growth Management flan. This chapter is adopted as development
regulations pursuant to RC\'V 36.70A (Growth Management Act).
1.20.03.—Declaration of public nuisance—misdemeanor.
A. All violations of this Code arc hereby determined to be detrimental to the general public health, safety and
welfare and are hereby declared public nuisances. All conditions determined to be violations of this Code
shall be subject to and enforced pursuant to the provisions of this chapter except where specifically
excluded by law or regulation.
B. Any person who willfully or knowingly causes, aids or abets a violation pursuant to this chapter by any
act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished
by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days.
Each week(seven consecutive days) such violation continues shall be considered a separate misdemeanor
offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this
chapter or by law or other regulation, the authorized representative of the City may recommend that the
Office of the City Attorney file a misdemeanor complaint against the person responsible for code
violation when the City has documentation or other evidence that the violation was willful and knowing.
1.20.04.—Enforcement,authority and administration.
A. In order to discourage public nuisances and otherwise promote compliance with applicable code
provisions, the City may, in response to field observations or reliable complaints, determine that
violations of this Code have occurred or are occurring,and may:
1. Enter into voluntary compliance agreements with persons responsible for code violations;
2. Issue notice of violation and assess civil penalties as authorized by this chapter;
3. Issue notice and orders, assess civil penalties and recover costs as authorized by this chapter;
4. Require abatement by means of a judicial abatement order, and if such abatement is not timely
completed by the person or persons responsible for a code violation, undertake the abatement and charge
the reasonable costs of such work as authorized by this chapter;
5. Allow a person responsible for the code violation to perform community service in lieu of paying
civil penalties as authorized by this chapter;
6. Order work stopped at a site by means of a stop work order, and if such order is not complied
with, assess civil penalties as authorized by this chapter;
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7. Suspend, revoke or modify any permit previously issued by the City or deny a permit application
as authorized by this chapter when other efforts to achieve compliance have failed; and
8. Forward a written statement providing all relevant information relating to the violation to the
Office of City Attorney with a recommendation to prosecute willful and knowing violations as a
misdemeanor offense.
B. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or
restrict the City from remedying or abating violations of this code in any other manner authorized by law.
C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City may seek
legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code
violation.
D. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City may assess or
recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court
by the Office of the City Attorney.
E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant
of any property to recover all costs and expenses incurred and required by this chapter from any person
causing such violation.
F. In administering the provisions for code enforcement, the City shall have the authority to waive any one
or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions
of a public or private entity or individual, or acts or omissions on public or private property including, for
example, property belonging to public or private utilities, where no apparent benefit has accrued to such
entity or individual from a code violation. Any determination of substantial injustice shall be made in
writing supported by appropriate facts. For purposes of this clause, substantial injustice cannot be`based
exclusively on financial hardship.
G. The provisions of this chapter detailing the administration of code compliance procedures are intended
only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to be
construed as creating a basis for appeal or a defense of any kind to an alleged code violation.
H. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a
building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any
building or premises subject to the consent or warrant to perform the duties imposed by this chapter. It is
the intent of the City Council that any entry made to private property for the purpose of inspection for
code violations be accomplished in strict conformity with constitutional and statutory constraints on
entry, and the holdings of the relevant court cases regarding entry. The right-of-entry authorized by this
chapter shall not supersede those legal constraints.
I. The City may request that the police, appropriate fire district, Spokane Regional Health District or other
appropriate City department or other non-city agency assist in enforcement.
1.20.05.—Guidelines for departmental responses to complaints.
A. The following guidelines should be applied by the City, subject to resource limitations, when responding
to code compliance complaints. The timelines identified below may be modified by Department rule,
subject to council review and approval.
1. High risk investigations needing an urgent response(within 24 hours) include any cases in which there
is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to
real or personal property, public health exposure or environmental damage or contamination.
2. Moderate risk investigations needing a prompt response(within 72 hours) include cases in which there
is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property,
or environmental damage or contamination
3. Low risk investigations needing response as time permits (within 14 days of violation being identified
by code compliance staff) including cases where the violation is non-emergent, does not fit within the
high risk or moderate risk categories and has only minor public impacts.
B. The response times set out in this chapter are not jurisdictional, and failure to meet them in any particular
case shall not affect the City's authority to enforce City code provisions with regard to that case.
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C. City representatives are authorized to determine, based upon past complaints regarding a property,
subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City
determines a complaint is not reliable,the City is not obligated to conduct a field investigation.
1.20.06.—Initial investigation. This section sets forth guidelines for more specific procedures to be used
by the City in implementing this chapter. The guidelines set forth in this chapter are not jurisdictional,
and failure to meet them in any particular case shall not affect the City's authority to enforce city code
provisions with regard to that case.
A. Field verification required. Except in emergencies and for low risk case complaints, field verification
should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for
the code violation or alleged code violation. Low risk case complaints should be acknowledged by
sending a letter to the person(s) responsible for the code violation. The letter should state that a violation
may have occurred, but. has not been verified, and should ask the recipient to contact the person issuing
the letter.
B. Advising interested parties of receipt of complaint and/or field investigation.
1. The person responsible for the code violation should be advised of any complaint by personal contact;
phone; posting and mail (return receipt requested).
2. The complainant should be contacted by phone, and if possible, in person during the field visit.
C. The City will record all violations in a database system, including a list of all actions taken on the
complaint.
D. To the extent possible, the City shall check its own records and the records of other agencies for previous
violations on the site of the alleged violation or by the owner or occupant of the site or such other person
as may be responsible for the code violation.
E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of
entry.
1.20.07.—Procedures when probable violation is identified.
A. The City shall determine, based upon information derived from sources such as field observations, the
statements of witnesses, relevant documents and data systems for tracking violations and applicable City
codes, whether or not a violation has occurred. As soon as the City has reasonable cause to determine
that a violation has occurred, he or she shall document the violation and promptly notify the person(s)
responsible for the code violation.
B. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a
field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred.
The warning shall inform the person determined to be responsible for a code violation of the violation and
allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided
for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five
(5)days, and the site shall be re-inspected within fourteen (14) days.
C. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already
subject to a voluntary compliance agreement, cases where the violation creates or has created a situation
or condition that is not likely to be corrected within seventy-two (72) hours, cases where a stop work
order is necessary, or when the person responsible fir the code violation knows, or reasonably should
have known that the action was a code violation.
D. Notice of violation may be issued in moderate and low risk cases, provided that the City determines it is
probable that the violation can likely be fully corrected in a short period of time.
E. Notice and orders should be issued in all high-risk cases in which a voluntary compliance agreement has
not been entered into within two (2) days of notification by the City. Notice and orders may be issued in
moderate and low risk cases where the City determines that the violation is unlikely to be fully corrected
in a short period of time.
F. The City shall use all reasonable means to determine and cite the person actually responsible for the code
violation occurring when the property owner has not directly or indirectly caused the violation.
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G. if the violation is not corrected, or a voluntary compliance agreement is not achieved within fifteen (15)
days of notification by the.City, a notice and order or stop work order should be issued. Citations should
be issued within fifteen (1 5) days from receipt of a complaint. Notice and orders should be issued within
twenty (20) days from receipt of a complaint. Stop work orders should be issued promptly upon
discovery of a violation in progress.
H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept
advised of enforcement.efforts. Any complainant who provides a mailing address and requests to be kept
advised of enforcement efforts should he mailed a copy of all written warnings, voluntary compliance
agreements, notice of violation, notice and orders, stop work orders and notices of settlement conferences
issued by the City with regard to the alleged violation. Any complainant may appeal a determination of
code compliance issued by the City.
1.20.08.—Service—notice of violation, notice and order, and stop work order.
A. Service of a notice of violation or notice and order shall be made on a person responsible for code
violation by one or more of the following methods:
2. Personal service of a notice of violation or notice and order may be made on the person identified by
the City_as being responsible for the code violation, or by leaving a copy of the notice of violation or
notice and order at the person's house of usual abode with a person of suitable age and discretion who
resides there;
2. Service directed to the landowner and/or occupant of the property may be made by posting the notice
of violation or notice and order in a conspicuous place on the property where the violation occurred and
concurrently mailing notice as provided for below, if a mailing address is available;
3. Service by mail may be made for a notice of violation or a notice and order by mailing two copies,
postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible
for the code violation at his or her last known address, at the address of the violation, or at the address of
the place of business of'the person responsible for the code violation. The taxpayer's address as shown
on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing
such notice to the landowner of the property where the violation occurred. Service by mail shall be
presumed effective upon the third business day following the day upon which the notice of violation or
notice and order was placed in the mail.
13. For notice and orders only, when the address of the person responsible for the code violation cannot be
reasonably determined, service may be made by publication once in the City's newspaper of record.
Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court.
C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop
work order in a conspicuous place on the property where the violation occurred or by serving the stop
work order in any other mariner permitted by this chapter.
D. The failure of'the City to make or attempt service on any person named in the notice of violation, notice
and order or stop work order shall not invalidate any proceedings as to any other person duly served.
1.20.09.—Training and rulemaking.
A. In order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to
ensure that City employees deal with the public in a manner which respects the rights of private property
owners, the City shall develop and adopt internal procedures, protocols and training programs governing
the conduct of searches by compliance officers.
B. The City shall adopt procedures to implement the provisions of this chapter, and specifically the
guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code
violations.
1.20.10.—Obligations of persons responsible for code violation.
A. It shall be the. responsibility of any person identified as responsible for a code violation to bring the
property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties,
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applications for permits, acknowledgement of stop work orders and compliance with other remedies does
not substitute for performing the corrective work required and having the property brought into
compliance to the extent reasonably possible under the circumstances.
B. Persons determined to be responsible for a code violation pursuant to a notice of violation or notice and
order shall be liable for the payment of any civil penalties and abatement costs, provided however, that if
a property owner affirmatively demonstrates that the action which resulted in the violation was taken
without the owner's knowledge or consent by someone other than the owner or someone acting on the
owner's behalf, that owner shall be responsible only for bringing the property into compliance to the
extent reasonably feasible under the circumstances. Should the owner not correct the violation, only
those abatement costs necessary to bring the property into a safe and reasonable condition, as determined
by the City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or
his or her property interest..
1.20.11.— Determination of compliance. After issuance of a warning, voluntary compliance agreement,
notice of violation, notice and order, or stop work order; and after the person(s) responsible for a violation
have come into compliance, the City shall issue a written determination of compliance. The City shall
mail copies of the determination of compliance to each person originally named in the warning, voluntary
compliance agreement, citation, notice and order, or stop work order, as well as the complainant, by
certified [nail, five-day return receipt requested.
1.20.12.—Voluntary corn plianee agreement— authority.
A. Whenever the City determines that a code violation has occurred or is occurring, the City shalt make
reasonable efforts to secure voluntary compliance from the person responsible for the code violation.
Upon contacting the person responsible for the code violation, the City may enter into a voluntary
compliance agreement as provided for in this chapter.
B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written
warning, a notice of violation, notice and order or a stop work order and before an appeal is decided.
C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives
the right to administratively appeal, and thereby admits that the conditions described in the voluntary
compliance agreement existed and constituted a code violation.
D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for
compliance, as determined by the-City. An extension of the time limit for compliance, or a modification
of the required corrective action may be granted by the City if the person responsible for the code
violation has shown due diligence or substantial progress in correcting the violation, but circumstances
render full and timely compliance under the original conditions unattainable. Any such extension or
modification must be in writing and signed by the authorized representative of the City and person(s) who
signed the original voluntary compliance agreement.
E. The voluntary compliance agreement is not a settlement agreement.
1.20.13.—Voluntary compliance agreement—contents.
A. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a
code violation in which such person(s)agrees to abate the violation, remediate the site, and/or mitigate the
impacts of the violation. The voluntary compliance agreement shall include the following:
I. The name and address of the person responsible for the code violation;
2. The address or other identification of the location of the violation;
3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or
regulation which has been violated;
4. A description of the necessary corrective action to be taken and identification of the date or time by
which compliance must be completed;
5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not
satisfied;
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6. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement
are not met, the City may, without issuing a notice of violation, notice and order or stop work order,
impose any remedy authorized by this chapter, enter the real property and perform abatement of the
violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the
violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a
development permit obtained or to be sought by the person responsible for the code violation;
7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid,
the City may charge the unpaid amount as a lien against the property where the code violation occurred if
owned by the person responsible for the code violation, and that the unpaid amount may be a joint and
several personal obligation of all persons responsible for the violation;
8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible
for the code violation thereby admits that the conditions described in the voluntary compliance agreement
existed and constituted a code violation; and
9. An acknowledgement that the person responsible for the code violation understands that he or she has
the right to he served with a notice of violation, notice and order, or stop work order for any violation
identified in the voluntary compliance agreement, has the right to administratively appeal any such notice
of violation, notice and order, or stop work order, and that he or she is knowingly, voluntarily and
intelligently waiving those rights.
1.20.14.—Failure to meet terms of voluntary compliance agreement.
A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has
not been granted, the authorized representatives of the City may enter the real property and abate.the
violation without seeking a judicial abatement order. The person responsible for code compliance may,
without being issued a notice of violation, notice and order, or stop work order, he assessed a civil penalty
as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the
violation, and may be subject to other remedies authorized by this chapter. Penalties imposed when a
voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of
violation, notice and order, or stop work order was to have been filed or from the date the voluntary
compliance agreement was entered into if there was not preceding notice of violation, notice and order,or
stop work order.
B. The City may issue a notice of violation, notice and order, or stop work order for failure to meet the terms
of a voluntary compliance agreement.
1.20.15. — Citations — authority. Whenever the City has determined, based upon investigation of
documents and/or physical evidence, that a code violation has occurred, the City may issue a notice of
violation to any person responsible for code violation. The City shall make a determination whether or
not to issue a citation within fifteen (15) days of receiving a complaint alleging a violation or otherwise
discovering that a violation may potentially exist. Subsequent complaints shall be treated as new
complaints for purposes of this chapter. However, such subsequent complaints shall not constitute a
separate violation to which the penalties of this chapter apply.
1.20.16.—Notice of Violation—effect.
A. A notice of violation represents a determination that a code violation has occurred and that the noticed
party is a person responsible for a code violation.
B. A notice of violation subjects the person responsible for a code violation to penalties.
C. The person responsible for a code violation shall either pay the civil penalties assessed within twenty(20)
days of the date of issuance of the notice of violation, or appeal the notice of violation according to the
procedures described herein.
D. Failure to appeal the within twenty(20) days shall render the notice of violation a final determination that
the conditions described in the notice of violation existed and constituted a code violation, and that the
cited party is liable as a person responsible.
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E. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a
code violation who are served with notice of the violation. The Office of the City Attorney, on behalf of
the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means.
F. Issuance of a notice of violation in no way limits the City's authority to issue a notice and order or stop
work order to any person responsible for a code violation pursuant to this chapter.
1.20.17. — Notice of Violation — contents. The notice of violation shall include all of the following
information:
A. The address, when available, or location of the code violation;
B. A legal description of the real property or the Spokane County tax parcel number where the violation
occurred or is located, or a description identifying the property by commonly used locators;
C. A statement that the City has found the named person(s) to have committed a code violation and a brief
description of the violation(s) found;
D. A statement of the specific ordinance, resolution, regulation, public rule, permit condition, notice and
order provision or stop work order provision that was or is being violated;
E. A statement that the notice of violation represents a determination that a code violation has occurred and
that the cited party is subject to a civil penalty;
F. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed under
this chapter does not relieve a person found to be responsible for a code violation of his or her duty to •
correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to
this chapter, and that the penalty must be paid within twenty(20)clays, if not appealed .
G. A statement of the corrective or abatement action required to be taken and that all required permits to
perform the corrective action must be obtained from the proper issuing agency;
H. A statement advising that any person named in the notice of violation, or having any record or equitable
title in the property against which the citation is issued may appeal from the citation to the Hearing
Examiner within twenty (20) clays of the date of service of the citation;
1. A statement advising that a failure to appeal the notice of violation within twenty (20) days renders the
notice of violation a final determination that the conditions described in the notice of violation existed and
constituted a code violation, and that the named party is liable as a person responsible for a code
violation; and
J. A statement advising that a willful and knowing violation may be referred to the Office of the City
Attorney for prosecution .
1.20.18.—Notice of Violation—modification or revocation.
A. The City may add to, revoke in whole or in part, or otherwise modify a notice of violation by issuing a
written supplemental citation. The supplemental notice of violation shall be governed by the same
procedures and time limits applicable to all notice of violation contained in this chapter.
B. The City may revoke or issue a supplemental notice of violation under this chapter:
I. if the original notice of violation was issued in error;
2. whenever there is new information or change of circumstances; or
3. if a party to a notice of violation was incorrectly named.
C. Such revocation or modification shall identify the reasons and underlying facts for modification or
revocation, and shall be served on the person responsible for a violation in conformity with this article.
1.20.19. — Notice. of Violation — remedy — civil penalties. A notice of violation shall carry a civil
penalty to be determined with reference to the schedule contained herein.
1.20.20.—Notice and order—authority. When the City has reason to believe, based on investigation of
documents and/or physical evidence, that a code violation exists or has occurred, or that the code
violations cited in a notice of violation have not been corrected, or that the terms of a voluntary
compliance agreement have not been met, the City is authorized to issue a notice and order to any person
Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 9 of 17
responsible for a code violation. The City shall make a determination whether or not to issue a notice and
order within twenty(20)days of receiving a complaint alleging a violation or otherwise discovering that a
violation may potentially exist, or within ten (10) days of the end of a voluntary compliance agreement
time period which has not been met. Subsequent complaints shall be treated as new complaints for the
purposes of this chapter. Issuance of a notice of violation is not a condition precedent to the issuance of a
notice and order.
1.20.21.—Notice and order—effect.
A. A notice and order represents a determination that a violation has occurred, that the party to whom the
notice is issued is a person responsible for a code violation, and that the violations set out in the notice
and order require the assessment of penalties and other remedies that may be specified in the notice and
order.
B. Upon a determination by the City that a violation has occurred pursuant to a-notice and order, the City is
authorized to impose civil penalties .
C. Any person identified in the notice and order as responsible for a code violation may appeal the notice
and order within twenty(20)days.
D. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a
final determination that the conditions described in the notice and order existed and constituted a
violation,and that the named party is liable as a person responsible for a code violation.
E. Issuance of a notice and order in no way limits the City's authority to issue a notice of violation or stop
work order to a person previously cited through the notice and order process pursuant to this chapter.
1.20.22.—Notice and order—contents. The notice and order shall contain the following information:
A. The address, when available, or location of the violation;
B. A legal description of the real property or the Spokane County tax parcel number where the violation
occurred or is located,or a description identifying the property by commonly used locators;
C. A statement that the City has found the named person(s) to have committed a violation and a brief
description of the violation(s) found;
D. A statement of the specific provisions of' the ordinance, resolution, regulation, public rule, permit
condition, notice and order provision or stop work order that was or is being violated;
E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per
separate violation, and that any assessed penalties must be paid within twenty (20) days of service of the
notice and order;
F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the
person to whom the notice and order is directed;
G. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found
to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all
civil penalties or other cost.assessments issued pursuant to this chapter;
H. A statement advising that the notice and order will he recorded against the property in the Spokane
County Auditor's Office subsequent to service;
1. A statement of the corrective or abatement action required to be taken and that all required permits to
perform the corrective action must be obtained from the proper issuing agency;
J. A statement advising that, if any required work is not commenced or completed within the time specified
by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County
Superior Court to abate the violation .
K. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the clue date, the
City may charge the unpaid amount as a lien against the property where the code violation occurred if
owned by a person responsible for a violation, and as a joint and several personal obligation of all persons
responsible for a code violation;
L. A statement advising that any person named in the notice and order, or having any record or equitable
title in the property against which the notice and order is recorded may appeal from the notice and order
to the Hearing Examiner within twenty(20)days of the date of service of the notice and order;
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M. A statement advising that a failure to correct the violations cited in the notice and order could lead to the
denial of subsequent Spokane Valley permit applications on the subject property;
N. A statement advising that a failure to appeal the notice and order within the applicable time limits renders
the notice and order a final determination that the conditions described in the notice and order existed and
constituted a violation,and that the named party is liable as a person responsible for a violation; and
O. A statement advising the person responsible for a code violation of his/her duty to notify the City of any
actions taken to achieve compliance with the notice and order.
P. A statement advising that a willful and knowing violation may be referred to the Office of the City
Attorney for prosecution.
1.20.23.—Notice and order— recording.
A. When a notice and order is served on a person responsible for a code violation, the City shall file a copy
of the same with the Spokane County Auditor's Office.
B. When all violations specified in the notice and order have been corrected or abated to the satisfaction of
the City, the City shall file a certificate of compliance with the Spokane County Auditor's Office within
five days of receiving evidence of abatement. The certificate shall include a legal description of the
property where the violation occurred and shall state whether any unpaid civil penalties for which liens
have been filed are still outstanding and, if so, shall continue as liens on the property.
C. After all liens have been satisfied, the City shall file a notice of satisfaction of lien with the Spokane
County Auditor's Office within five days of final payment to City.
1.20.24.—Notice and order—supplementation, revocation, modification.
A. The City may acid to, revoke in whole or in part, or otherwise modify a notice and order by issuing a
written supplemental notice and order. The supplemental notice and order shall be governed by the same
procedures and time limits applicable to all notice and orders contained in this chapter.
B. The City may issue a supplemental notice and order, or revoke a notice and order issued under this
chapter:
1. If the original notice and order was issued in error;
2. Whenever there is new information or change of circumstances; or
3. If a party to an order was incorrectly named.
C. Such revocation or modification shall identify the reasons and underlying facts for modification or
revocation,and shall be filed with the Spokane County Auditor's Office.
1.20.25. —Notice and order - administrative conference. An informal administrative conference may
be conducted by the City at any time for the purpose of facilitating communication among concerned
persons and providing a forum for efficient resolution of any violation. interested parties shall not
unreasonably be excluded from such conferences.
1.20.26.—Notice and order— remedies—suspension, revocation or limitation of permit.
A. The City may suspend, revoke or modify any permit issued by the City whenever:
1. The permit holder has committed a violation in the course of performing activities subject to that
permit;
2. The permit holder has interfered with the authorized representatives of the City in the performance of
his or her duties related to that permit;
3. The permit was issued in error or on the basis of materially incorrect information supplied to the City;
4. Permit fees or costs were paid to the City by check and returned from a financial institution marked
non-sufficient funds(NSF)or canceled; or
5. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a
change of circumstances on the development proposal site which materially affects an applicant's ability
to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the
basis for establishing permit or approval conditions.
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B. Such suspension, revocation, or modification shall be carried Out through the notice and order provisions
of this chapter and shall be effective upon the compliance date established by the notice and order. Such
suspension, revocation or modification may be appealed to the Hearing Examiner using the appeal
provisions of this chapter.
C. Notwithstanding any other provision of this chapter, the City may immediately suspend operations under
any permit by issuing a stop work order.
1.20.27.—Notice and order—remedies—denial of permit.
A. The City may deny a permit when, with regard to the site or project for which the permit is submitted:
1. Any person owning the property or submitting the development proposal has been found in violation of
any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health,
safety and welfare,or the use and development of land and water;and/or
2. Any person owning the property or submitting the development proposal has been found in violation
and remains in violation of the conditions of any permit, notice and order or stop work order issued
pursuant to any such ordinance, resolution, regulation or public rule; and/or
B. In order to further the remedial purposes of this chapter, such denial may continue until the violation is
cured by restoration accepted as complete by the City and by payment of any civil penalty imposed for
the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any
required restoration or cure.
1.20.28. — Notice and order — remedies — abatement. In addition, or as an alternative, to any other
judicial or administrative remedy, the City may use the notice and order provisions of this chapter to order
any person responsible for a code violation to abate the violation and to complete the work at such time
and under such conditions as the City determines reasonable under the circumstances. If the required
corrective work is not commenced or completed within the time specified, the City may seek a judicial
abatement order pursuant to this chapter.
1.20.29. —Stop work order—authorized. The City is authorized to issue a stop work order to a person
responsible for a code violation. issuance of a notice of violation or notice and order is not a condition
precedent to the issuance of the stop work order.
1.20.30.—Stop work order—effect.
A. A stop work order represents a determination that a code violation has occurred or is occurring, and that
any work or activity that caused, is causing or contributing to the violation on the property where the
violation has occurred,or is occurring, must cease.
B. A stop work order requires the immediate cessation of the specified work or activity on the named
property. Work activity may not resume unless specifically authorized in writing by the City.
C. A stop work order may be appealed according to the procedures prescribed in this chapter.
D. Failure to appeal the stop work order within twenty (20) days renders the stop work order a final
determination that the civil code violation occurred and that work was properly ordered to cease.
E. A stop work order may be enforced by the City Police.
1.20.31.—Stop work order— remedy—civil penalties.
A. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the
violation of any stop work order according to the civil penalty schedule established in Section 1.20.33 of
this chapter.
B. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work
order is violated, and shall cease accruing on the day the work is actually stopped.
C. Violation of a stop work order shall be a separate violation from any other code violation.
Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 12 of 17
1.20.32. — Stop work order — remedy — criminal penalties. in addition to any other judicial or
administrative remedy, the City may forward to the Office of City Attorney a detailed factual background
of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s)
responsible for any willful violation of a stop work order.
1.20.33.—Civil penalties—assessment schedule.
A. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each
violation identified in a notice of violation, notice and order or stop work order, pursuant to the following
schedule:
1.Notice of Violation $250
2.Notice and orders and stop work orders
a. basic initial penalty $500
b. additional initial penalties may be added where there is:
I. public health risk—amount depends on severity $0-2,500
2. environmental damage - amount depends on severity $0-2,500
3. damage to property-amount depends on severity $0-2,500
4. history of similar violations(less than three) $0-1,000
5. history of similar violations(three or more) $0-5,000
6. economic benefit to person responsible for violation 50-5,000
c. the above •enalties may be offset by the following compliance
ull compliance with a voluntary compliance agreement with prior history of 0-1 50-1,500
similar violations
full compliance with a voluntary compliance agreement and a history of two or $0-250
more prior similar violations
B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this chapter
shall apply for the first thirty-day period following issuance of the order, unless another time period is
specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into
within that time period, and no appeal is filed, the penalties for the next fifteen-day period shall be one
hundred fifty percent (150%) of the initial penalties, and the penalties for the next fifteen-day period shall
be two hundred percent (200%) the amount of the initial penalties. The intent of this subsection is to
increase penalties beyond the maximum penalties stated as an additional means to achieve timely
compliance.
C. Notice of violation shall be subject to a one-time penalty per violation. The City retains authority to issue
a subsequent notice and order or stop work order for continued non-compliance. In that event, additional
penalties shall be imposed.
D. Civil penalties shall be paid within twenty (20)days of service of the notice of violation, notice and order
or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not
relieve a person found to be responsible for a code violation of his or her duty to correct the violation
and/or to pay any and all civil-penalties or other cost assessments issued pursuant to this article.
E. The City may suspend civil penalties if the person responsible for a code violation has entered into a
voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the
voluntary compliance agreement if any necessary permits applied for are denied,canceled or not pursued,
or if corrective action identified in the voluntary compliance agreement is not completed as specified.
F. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code
violation.
G. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City
may file for record with the Spokane County Auditor to claim a lien against the real property for the civil
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penalties assessed under this chapter if the violation was reasonably related to the real property. Any such
lien can be filed under this chapter if after the expiration of thirty (30) days from when a person
responsible for a code violation receives the notice of violation, notice and order or stop work order
(excluding any appeal) any civil penalties remain unpaid in whole or in part.
1.20.34. - Civil penalties — duty to comply. Persons responsible for a code violation have a duty to
notify the City in writing of any actions taken to achieve compliance with the notice and order. For
purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible
for a code violation has come into compliance with the notice and order, voluntary compliance
agreement, or stop work order, and has provided sufficient evidence of such compliance.
1.20.35.- Civil penalties—community service. The City is authorized to allow a person responsible for
a code violation who accumulates civil penalties as a result of a notice of violation, notice and order, or
for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in
community service projects in lieu of paying all or a portion of the assessed civil penalties. Community
service may include, but is not limited to, abatement, restoration or education programs designed to clean
up the City. The amount of community service will reasonably relate to the comparable value of penalties
assessed against the violator. The rate at which civil penalties are worked off under this subsection is
$10.00 per hour. The City shall take'into consideration the severity of the violation, any history of
previous violations and practical and legal impediments in considering whether to allow community
service in lieu of paying penalties.
1.20.36.- Civil penalties—waivers.
A. Civil penalties may be waived or reimbursed to the payor by the City under the following circumstances:
1. The notice of violation, notice and order or stop work order was issued in error; or
2. The civil penalties were assessed in error; or
3. Notice failed to reach the property owner due to unusual circumstances; or
4. New; material information warranting waiver has been presented to the City since the notice of
violation, notice and order or stop work order was issued.
13. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become
part of the public record unless privileged.
1.20.37.- Civil penalties—critical areas.
A. The compliance provisions for critical areas are intended to protect critical areas and the general public
from harm; to meet the requirements of RCW 36.70A (the Growth Management Act), and to further the
remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only
be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be
required to pay a civil penalty for the redress of ecological, recreation, and economic values lost or
damaged due to their unlawful action.
B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction or right of
action provided by law for other related violations.
C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the
notice and order. In addition to any other persons who may be liable for a violation, and subject to the
exceptions provided in this chapter, the owner shall be jointly and severally liable for the restoration of a
site and payment of any civil penalties imposed.
D. Violation of critical area provisions of this code means:
1. The violation of any provision of City Ordinance No. 49 (Interim Critical Areas Ordinance) or of the
administrative rules promulgated thereunder. Ordinance number 49 adopted Spokane County Code,
chapter 11.20, as its interim critical areas regulations;
2. The failure to obtain a permit required for work in a critical area; or
Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 14 of 17
3. The failure to comply with the conditions of any permit, approval, terms and conditions of any
sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any
notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to
the above-mentioned provisions.
E. Any person in violation of the critical areas ordinance may be subject to civil penalties, costs and fees as
follows:
I. According to the civil penalty schedule under Section 1.20.33 of this chapter, provided that the exact
amount of the penalty per violation shall be determined by the City based on the physical extent and
severity of the violation; or
2. The greater of:
a. an amount determined to be equivalent to the economic benefit that the person responsible for a
code violation derives from the violation, measured as the total of:
1)the resulting increase in market value of the property;
2)the value received by the person responsible for a violation;
3)the savings of construction costs realized by the person responsible for a code violation
as a result of performing any act in violation of the critical area ordinance; or
b. Code compliance costs(such amount not to exceed$25,000.00) incurred by the City to enforce
City Ordinance number 49 (Interim Critical Areas Ordinance)as adopted or hereafter amended or
replaced with permanent Critical Areas ordinances or regulations against the person responsible
for a code violation.
1.20.38.- Cost recovery.
A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop
work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct
a code violation to the person responsible for a code violation. These charges include:
1. Reasonable legal fees and costs. For purposes this section, "reasonable legal fees and costs" shall
include, but is not limited to legal personnel costs, both direct and related, incurred to enforce the
provisions of this chapter; and
2. Administrative personnel costs. For purposes of this section, "administrative personnel costs" shall
include, but are not limited to administrative employee costs, both direct and related, incurred to enforce
the provisions of this chapter; and
3. Abatement costs. The City shall keep an itemized account of costs incurred by the City in the
abatement of a violation under this chapter. Upon completion of any abatement work, the City shall
prepare a report specifying a legal description of the real property where the abatement work occurred,
the work done for each property,the itemized costs of the work, and interest accrued; and
4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in
accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing or
court filing fees.
13. Such costs are clue and payable thirty(30)days from mailing of the invoice.
C. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several
personal obligation in all persons responsible for a violation. The Office of the City Attorney, on behalf
of the City, may collect the costs of code compliance efforts by any appropriate legal means.
D. in addition to, or in lieu o1 any other state or local provision for the recovery of costs, the City may, after
abating a violation pursuant to this article, file for record with the Spokane County Auditor to claim a lien
against the real property for the assessed costs identified in this chapter if the violation was reasonably
related to the real property, in accordance with the provision regarding mechanic's liens in RCW 60.04,
and said lien shall be foreclosed in the same manner as such liens.
E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same
property and shall be superior to all other liens, except for state and county taxes, with which it shall share
priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety(90)days
from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance
Ordinance 04-013 Article i Section 1.20 Enforcement/Penalties Page 15 of 17
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abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description
of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of
lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected
property for the period as provided for by state law.
1.20.39. — Collection of civil penalties, fees and costs. The City may use the services of a collection
agency in order to collect any civil penalties, fees,costs and/or interest owing under this chapter.
1.20.40.-Abatement.
A. Emergency Abatement: Whenever a condition constitutes an immediate threat to the public health, safety or
welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice
of such abatement, including the reason for it, shall be given to the person responsible for the violation as
soon as reasonably possible after the abatement.
B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior Court, to
abate a condition which continues to be a violation of this code where other methods of remedial action have
failed to produce compliance.
C. The City shall seek to recover the costs of abatement as authorized by this article.
1.20.41.-Code compliance abatement fund—authorized.
A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be
allocated to support expenditures for abatement, and shall be accounted for through either creation of an
account in the fund for such abatement costs,or other appropriate accounting mechanism.
1.20.42.-Administrative appeals—standing- filing requirements.
A. Any person issued a notice of violation or named in a notice and order or stop work order, and any owner
of the land where the violation for which a notice of violation, notice and order or stop work order is
issued may file a notice of appeal of the following:
I. notice of violation;
2. notice and order;
3. top work order;
B. A complainant who requests to be kept advised may appeal a determination of compliance by the City.
C. A person that does not meet the requirements of A) or(13) above does not have standing to appeal under
this chapter.
0. Any person filing an appeal under this chapter who was issued a notice of violation or order, or is the
owner of the land where the violation occurred, shall do so by obtaining the appeal form from the City
and filing the completed appeal form within twenty(20) days of service of the notice of violation, notice
and order or stop work order. A complainant who appeals the determination of compliance by the City
must file any such appeal within twenty(20) days of service of the determination of compliance.
E. Any administrative appeal considered under this chapter will be determined by the Hearing Examiner
pursuant to Spokane Valley Ordinance 57, unless in conflict with specific provisions of this chapter, in
which case the specific provisions of this chapter shall control.
1.20.43.—Administrative appeal — notice of hearing. Upon receipt of a notice of appeal, the City shall
provide a hearing notice stating the time, location and date of the hearing on the issues identified on the
notice of violation, notice and order or stop work order. The City shall mail this notice by certified mail,
five-day return receipt requested, to the person(s) responsible for a violation.
1.20.44.-Administrative appeal—procedures.
A. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or
hereafter amended.
Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 16 of 17
B. Enforcement of any notice and order of the City issued pursuant to this article shall be stayed during the
pendency of any administrative appeal except when the City determines that the violation poses a
significant threat of immediate and/or irreparable harm and so states in any notice and order issued.
C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the
pendency of any administrative appeal under this-chapter.
D. When multiple notices of violation, notices and order or stop work orders have been issued,
simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions
shall be allowed.
1.20.45.—Administrative appeal —final order.
A. Following review of the evidence, the Hearing Examiner shall issue a written order containing findings
and conclusions, and shall affirm or modify the notice of violation, notice and order or stop work order
previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner
shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred.
B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation
was caused by another person or entity not the agent of the property owner and without the owner's
knowledge or consent, such property owner shall be responsible only for abatement of the violation.
Strict compliance with permit requirements may be waived regarding the performance of such abatement
in order to avoid doing substantial injustice to a non-culpable property owner.
C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for review of the
decision are properly commenced in Spokane County Superior Court within the time period specified by
applicable state law.
D. A final order by the Hearing Examiner affirming, revoking or modifying a notice of violation, notice and
order or stop work order is a final decision.
1.20.46.-Judicial enforcement—petition for enforcement.
A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of
the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane.County
Superior Court.
8. The petition must name as respondent each person against whom the City seeks to obtain civil
enforcement.
C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent
injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing.
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