Ordinance 12-027 Amending SVMC 17.100 CITY OF SPOKANE VALLEY
SPOKANE COUNTY,WASHINGTON
ORDINANCE NO. 12-027
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY,
WASHINGTON,AMENDING SECTIONS 17.100.030, 17.100.040, 17.100.050, 17.100.060,
17.100.090,17.100.120, 17.100.130, 17.100.150, 17.100.250,AND 17.100.300 OF THE SPOKANE
VALLEY MUNICIPAL CODE RELATING TO THE CITY'S ABILITY TO SET FORTH
ENFORCEMENT PROCEDURES FOR VIOLATIONS OF THE SPOKANE VALLEY
MUNICIPAL CODE CHAPTER 7.05,AND TITLES 17 THROUGH 22 AND TITLE 24; AND
OTHER MATTERS RELATING THERETO.
WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code
(SVMC) Chapter 17.100 in order to enforce nuisance violations as set forth in SVMC Chapter 7.05 and
for violations of any provisions of Titles 17 through 22 and Title 24; and
WHEREAS,since adoption of these provisions,the City has gained additional experience in how
to better regulate and enforce such nuisance provisions; and
WHEREAS, certain existing provisions within SVMC Chapter 17.100 should be amended in
order to better reflect the City's current practice of regulating and enforcing such nuisances. Such changes
directly relate to the life,health, and safety of the City's citizens.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as
follows:
Section 1. Amending Spokane Valley Municipal Code 17.100.030 Regarding Enforcement,
Authority, and Administration. Spokane Valley Municipal Code section 17.100.030 is hereby amended
as follows:
A. In order to discourage public nuisances and otherwise promote compliance with applicable code
provisions, the City may, in response to field observations, determine that violations of Titles 17 through
22 and Title 24, have occurred or are occurring, and may:
1.Enter into voluntary compliance agreements with persons responsible for code violations;
2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter;
3. 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;
4.Allow a person responsible for the code violation to perform community service in lieu of paying
civil penalties as authorized by this chapter;
5. Order work stopped at a site by means of a stop work order,and if such order is not complied
with, assesses civil penalties as authorized by this chapter;
6. 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
Ordinance 12-027 SVMC 17.100 Page 1 of 8
7. Forward a written statement providing all relevant information relating to the violation to the
office of the city attorney with a recommendation to prosecute willful and knowing violations as
misdemeanor offenses.
B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner
limit or restrict the City from remedying or abating violations of this title in any other manner authorized
by law.
C.In addition to, 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 to, 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 or superior 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 compliance, the City shall have the authority to waive any one
or more such provisions so as to avoid substantial injustice.Any determination of substantial injustice
shall be made in writing supported by appropriate facts.For purposes of this subsection, substantial
injustice cannot be based exclusively on financial hardship.
G. 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 court order, enter at reasonable times any building
or premises subject to the consent or court order to perform the duties imposed by this code. 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.
H. 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.
Section 2. Repealing Spokane Valley Municipal Code 17.100.040 Regarding the Guidelines for
Departmental Responses to Complaints. Spokane Valley Municipal Code section 17.100.040 is hereby
repealed in its entirety.
Section 3. Amending Spokane Valley Municipal Code 17.100.050 Regarding the Procedures When
a Probable Violation is Identified. Spokane Valley Municipal Code section 17.100.050 is hereby
amended as follows:
Ordinance 12-027 SVMC 17.100 Page 2 of 8
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 and regulations,whether or not a violation has occurred.As soon as the City has reasonable cause
to determine that a violation has occurred,the violation shall be documented and the person responsible
for the code violations promptly notified.
B.Except as provided in subsection C of this section,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 days, and the site shall be reinspected within 14 days.
C.No warning need be issued in 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 72 hours, cases where a stop work order is necessary, or when the
person responsible for the code violation knows, or reasonably should have known, that the action was a
code violation.
D.Notice and orders should be issued in all cases in which a voluntary compliance agreement has not
been entered.
E. The City shall use all reasonable means to determine and proceed against the person(s)actually
responsible for the code violation occurring when the property owner has not directly or indirectly caused
the violation.
F.If the violation is not corrected, or a voluntary compliance agreement is not entered into within 30 days
of notification by the City, a notice and order or stop work order should be issued. Stop work orders
should be issued promptly upon discovery of a violation in progress.
Section 4. Amending Spokane Valley Municipal Code 17.100.060 Regarding the Service of a
Notice and Order and a Stop Work Order. Spokane Valley Municipal Code section 17.100.060 is hereby
amended as follows:
A. Service of a notice and order shall be made on a person responsible for code violation by one or more
of the following methods:
1.Personal service of a 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 and order at the person's house
of usual abode with a person of suitable age and discretion who resides there;
Ordinance 12-027 SVMC 17.100 Page 3 of 8
2, Service directed to the landowner and/or occupant of the property may be made by posting the
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; or
3. Service by mail may be made for a notice and order by mailing one copy,postage prepaid,by
ordinary first class 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 and order was placed
in the mail,
B.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 a week for two consecutive weeks in an
appropriate regional or neighborhood newspaper or trade journal, Service by publication shall be deemed
complete at the expiration of the time prescribed for publication. A notice and order served by
publication shall be signed by a code compliance officer, shall include the dates of the publication, and
shall contain a brief statement of the nature of the action and how it can be remedied.
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 manner 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.
Section 5. Amending Spokane Valley Municipal Code 17.100.090 Regarding the Determination of
Compliance. Spokane Valley Municipal Code section 17.100.090 is hereby amended as follows:
After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and
after the person(s) responsible for a violation has 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, notice and order, or stop work
order.
Section 6. Amending Spokane Valley Municipal Code 17.100.120 Regarding Failure to Meet Terms
of Voluntary Compliance Agreement. Spokane Valley Municipal Code section 17.100.120 is hereby
amended as follows:
Ordinance 12-027 SVMC 17.100 Page 4 of 8
A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time
has not been granted, the person responsible for the violation may, without being issued a notice and
order or stop work order, be 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 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 a preceding notice
and order or stop work order.
B. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary
compliance agreement.
Section 7. Amending Spokane Valley Municipal Code 17.100.130 Regarding the Authority of a
Notice and Order. Spokane Valley Municipal Code section 17.100.130 is hereby amended as follows:
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 terms of a voluntary compliance agreement have not
been met,the City is authorized to issue a notice and order to any person responsible for a code violation.
The City shall make a determination whether or not to issue a notice and order within 30 days of
determining that a violation exists,or within 10 days of the end of a voluntary compliance agreement time
period which has not been met.
Section 8. Amending Spokane Valley Municipal Code 17.100.150 Regarding the Contents of a
Notice and Order. Spokane Valley Municipal Code section 17.100.150 is hereby amended as follows:
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)responsible for a violation and a brief
description of the violation(s) found;
D. A statenent 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, and
that any assessed penalties must be paid within 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;
Ordinance 12-027 SVMC 17.100 Page 5 of 8
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 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;
I.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;
J.A statement advising that, if any assessed penalty,fee or cost is not paid on or before the due 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;
K. 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 14 days of the date of service of the notice and order;
L.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;
M.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;
N.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; and
Q.A statement advising that failure to comply with the notice and order may be referred to the office of
the city attorney for appropriate legal action.
Section 9. Amending Spokane Valley Municipal Code 17.100.250 Regarding the Assessment
Schedule for Civil Penalties, Spokane Valley Municipal Code section 17.100.250 is hereby amended as
follows:
A. Civil penalties for code violations shall be imposed for remedial purposes for violations identified in a
notice and order or stop work order,pursuant to the following schedule:
Notice and orders and stop work orders—basic initial penalty: $500.00.
Ordinance 12-027 SVMC 17.100 Page 6 of 8
B, Additional penalties shall be added where there is:
1. Second violation: $500,
2. Each subsequent Violation(three or more): $1,000.
3. Economic benefit to person responsible for violation: $5,000.
C. Civil penalties shall be paid within 20 days of service of the 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 chapter.
D. The City may suspend civil penalties if the person responsible for a code violation has entered into and
fulfilled all requirements of a voluntary compliance agreement.
E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a
code violation.
F. 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
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 30 days from when a person responsible for a
code violation receives the notice and order or stop work order(excluding any appeal), any civil penalties
remain unpaid in whole or in part.
Section 10. Amending Spokane Valley Municipal Code 17,100.300 Regarding Cost Recovery.
Spokane Valley Municipal Code section 17.100.300 is hereby amended as follows:
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 of this section, "reasonable legal fees and costs"
shall include,but are not limited to, legal personnel costs,both direct and related, incurred to
enforce the provisions of this chapter as may be allowed by Iaw;
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;
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; and
Ordinance 12-027 SVMC 17.100 Page 7 of 8
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.
B. Such costs are due and payable 30 days from mailing of the invoice.
C.All costs assessed by the City in pursuing code compliance and/or abatement create joint and several
personal obligations 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 of, any other state or local provision for the recovery of costs,the City may,
after abating a violation pursuant to this chapter, 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 any lien provisions authorized by state law.
E.Any Iien 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 may cause a claim of lien to be filed for record within 90 days from the later of
the date that the monetary penalty is due or the date the work is completed or the nuisance abated.The
claim of lieu shall contain sufficient information regarding the notice and order, 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.
Section 11. Remainder of SVMC 17.100 Unchanged. The remaining provisions of SVMC Chapter
17.100 are unchanged by this amendment.
Section 12. Severability. 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 13. Effective Date. This Ordinance shall be in full force and effect five days after the date of
publication of this Ordinance or a summary thereof in the official newspaper of the City.
Passed this 23`d day of October, 2012.
I7/ M. or, Thomas E. Towey
City Clerk, Christine Bainbridge
Approved As o Form. Date of Publication: l / �.
,r /J Effective Date: �� — 9
ce o f
Offi the Ci ttorney �/
Ordinance 12-027 SVMC 17.100 Page 8 of 8