Ordinance 06-005 Repealing or Amending SVMC 10.30 - Code Compliance i:1 1 4 ~1~ .7[ V111S1~4 L' ~ili ~ .l.r~~r
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~V>]:ill!.R>EAS, the ~ it}~ cif p+~~l~an~ '~+'alley etd~~tcd (yr~iinan~cc ll~l-#kl ~ r~gtalPitir~~ ~;~aari~litttt~e grit#~
code pr€+~•isi+?ns. rcl9riurt~~ tl~-Il l ~ ~v~,s s.ai~;PC~queta:[ly codi#~ed as C U.3~1,1:5r.~, c~# s'~°r~•; and
~'~)E)<ER~~S, t7 cc~n~plyin~ +~•ith the e~quirerr~ent~ of its ~cna~te
1 IP~~~a and $ulatia~ns. the Cit}•
Inns fr~3nt time to finis that amertdir~g its l~t+.:~ti is rEtceSStlr~' to better prtstect the I.teattl!t, safe[}•. +~+.'elfare ~1"
tl~t ~t~ler~l pulalie and the en+~ir~t~r6rrtestt.
N4V4F T~f-iEREFCDFtF:, the pity' C`+~+~rw?;ik eat the ~ its' ~t'tipa~kt~nc ~'alle~• ~~r~lains as f~lfa+~:~:
Eton 1. S,lx~kan~ '4fall~v Munci~~l C'ndc s~:ti~atts l0.3Q.1 -_x,40 are her°bs° a.nler~c3erJ
and~or re~ebled as i5 set f~~th txla}+x., .
~ir-licl~ 1LiI. C't?rrtplian~cc
]I Q.tl.l ~i9 De~a4tirr3ns.
f#. ``A~?te" r~acans to take; ~vhater~ee steps are ~le~:metl n4ccss~r} t~, crrsurc tlPat tltc l~r~~~erty c{3n~~lies with
aF~licr~b#e +~ode reg4riremer~ts. A7ii~te~r~ent rn~y itt~.lude, lout is not l;iianit~d to.
r~hahilitation, dem4litic~n, retn~~sval, r•eplac~ment or repair.
"~cxle cc~rnpl~~ officer" means ~ r~~;tilar r speccall~' c~.~r~~ntiissierne€i at~iccr so d,:sgnated l~}•
i llda: three#4tt o#`cran~enuni~}• d,e~°~elcrpment ftar the Wily'.
~C' `'b'ode violttti~tt'* means and include aat act or omission contran tE~:
1. At~y~ ordinance, e~se~lu~in. r~gulati~~?n or pal}lie rule ~i' ~h~ ~'ie~~ that rc.,~ulaE~, ~,r t,f~,eec.t~ tl~~
tati~.+ anti dea~'~rloptnent ~~+f lat1el c'~~ ~vatie: Anvlc~r
?.The ccatrditi~ar~s oFany lrerrr3ft, nrtific and or~1~:r or :,tca~ ~~~orl: order i.ssr~ed pursuant to nn~° sPPCh
ordinance. resolution.. rcgu#atian or public rule.
f~. ""'l'he tit}" mitts tl;ter ~iit}' ~~f Spol~atte 1~'allc~,~, 1~fa_51t.ington, acting. ksy an~J tlsrr~ugEP the au4io~ri~cd
rcltresenlative.s and agents tle5i~naled ksy tltie eommunit}' ~lr.~~'elc~~rmc~t.t ilirr~lc~r.
'.[3a~'s" will lte ccauntcd as I}usine~s days +whe~ t"trr~ tsr less da~rs are allok~•cd t~ do an act res{uired l~
Iltia attiel~'. `°Da~'s" ~k'ill be consider€~ ca#cn~ae daVS tivlleu more lli3.eti f~~c dz~~~~ m-e ~t~l+~~w~e~i [a c#ri ~u•P :~c:t
re~ttirt~~d this article.
1'• "~etermittatiatt of eont~ali~,nee'' rrtcans a ~vrittc.n statement tfcPrtt the direczc~r that evidence e:~ists t€P
deterrttitte tltttt the k~ictlation~s) has. 1`Sern ~uf~+~icnt~y al~atcd as to the ~~tayation~s} stated in the kit}Iur~tar~•
i~t~1lt~Ii.'in4~L' r7~rl'~'rPl~nt. notice and c~rfier kyr ~;ti~~+ ~,a•ork orsier..
i~~t~~n~~a 11ti-(}i}~ r~rtrenr~i~~~, C:orie C'udt~~rliarttie `~e~tiG)r1s a uJ' I ~
G. "Director" means the community devebpment director for Spokane alley, ur his~~?[tr dcsil;[tee.
li. "Found in violation" means:
1. T1tat a notice and order or stop work order has been issued and not timely appealed;
2. That a voluntary compliance agreement has been entered into; or
3. T1tat the hearing examiner has determined that the violation has occurred and such
determination has not been stayed or reversed on appeal.
I. "Bearing cxamintr" means the City of Spokane Valley hearing e;xamincr, as provided by tttc ordinance
codified in Chapter 10.33 SV MC, Article 1, Nearing Examiner, as adopted or hereafter amended.
1. "Mitigate" means to take measures, subject to City approval, to minimirc the harmful effects of the
violation where rcmrdiation is either imlx~ssihle or unrcascmahly burdensome.
l: "Permit" means any li~rm ~f certifitatr, approval, regis[ratiun, licen~c i+r anv other written ptnnissiim
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 sen~e or protect the general public are deemed
conditions applicable to all subsequent plat property owners, owners' tenants, and owners' agents ati
permit requirements enforceable under this article.
L. "Person" means any individual, assa:iation, partnership, corporation or legal entity, public or private,
and the agents and assigns of such individual, association, partnership, corporation or legal entity.
11.1. "Person responsible for a code violation" means the person who caused the violation, iC that can be
determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupant}~ of
the property where the code violation occurs.
N. `'Public rule" means any rule properly promulgated to implement provisions of this code.
O. "Remediate" means to restore a site to a condition that complies with sensitive area or other rcgulaton
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 p~~sc a probable threat m the environment or to the
general public health, safety or welfare.
P. "Resolution," far purposes of this article. nmans ar» resolution adopted h~ the l it. uf~ 4pokane Valle}
city council. (turd. 04-013 ~ 1(1.0.01 ?OO=l),
10.30.160 Relationship to Growth Management Act.
This article is adopted as development regulations pursuant to Chapter 3b.70A RCW (Growth
Management Act). (Qrd. O~1-013 § 1(1.20.02), 20(1-!).
1030.170 Declaration of public nuisance -Misdemeanor.
A. All violations of this title are 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
title shall be subject to and enforced pursuant to the provisions of this article except where specifically
excluded by lays or regulation.
Ordinance 04-0U~ Amending Code Compliance Sectwns I'ag~ of I K
B. Any person who willfully or knowingly causes, aids or abets a violation pursuant to this article by any
act of commission or omission is guilty of a misdemeanor. Upon conviction, tltc person shall be punished
by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 9d days. Each week (seven
consecutive days) such violation continues shall be considerrtl a separate misdemeanor ot~ense. As an
alternative, or in addition to any other judicial or administrative remedy provided in this article or by la«
c?r other regulation, the authorized representative of the City mny recommend that the office of the cit}
attorney file a misdemeanor complaint a~inst the person responsible for code violation when the City has
documentation car ether evidence that the violation was willful and knowing. ford. 04-01? § I(1?Q.0?).
? 00:1?.
10.30.180 Enforcement. authority and administration.
A. In order to discourage public nuisances and athenaise promote compliance with applicable cede
pmvisions, the director may. in response to field observations or reliable complaints, drtcrrnine that
violations of this title have occurred or arc occurring. and may:
I . I:ntcr into voluntary compliance agreements with persons responsible fir dude violations;
.Issue notice and orders, assess civil penalties and recover costs as authorized b}~ this article:
3. Require abstcmcnt by means of a judicial abatement order, and if such abatement is not timely
completed by the person or persons responsible far a code violation. undertake the abatement and chargo
the reaonable costs of such work as authorized by this article;
4. Allow a person responsible for the code violation to perform community service in lieu ut
paying civil penalties as authorized by this article;
S. 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 article;
6. Suspend, revoke or modify any permit previously issued by the City or deny a permit
application as authorized by this article when other efforts to achieve compliance have failed; and
7. Forward a written statement providing all re{evant information relating to the violation to the
~~t~ice of the city attorney ~ti ith a recommendation to prosecute illful and kno~~ inc violations as
misdemeanor offenses.
B. The procedures set Curth in this article arc nut cxclusi~r. -these procedures Shall nut in any manner
limit or restrict the City fmm remedying ur ahxting violations cif this title in any ~thcr manner authorized
by Inw~.
C. In addition to, or as alt alternative to, utilizing the procedures set forth in this article. the City may sick
Irgal or cquitr?blr relief to abaft any conditions or enjoin any acts or practices which cnnstitutr a rude
violation.
f). fn addition to, or as an alternative to, utilizing the procedures set forth in this article. the director may
assess or recover civil penalties accruing under this article by Iccal action fled in Spokane Cuunt~ district
court by the office of the city attorney.
E. The provisions of this article shall in no ~~,a` adversely aff~rct the rights of the c~tivncr, lessee or
occupant of any property to recover all costs and expenses incurred and required by this article from am
person causing such violation.
F. In administering the provisions for code compliance, the director steal{ 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, fur rumple, property helungin~_ to ptrblir ur private utilities. ~shcrr no apparent benefit has
c_)rdinance l)6-tt0~ Amending Code ~ ompliance Sections Page ~ of 1 H
accrued to such entity or individual from a code violation. Any determination of substantial injustice shall
he made in writing supported by appropriate facts. Far purposes of this subsection, substantial injustice
cannot be based exclusively on financial hardship.
G. The provisions of this article detailing the administration u1 code compliance procedures are intended
only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to he
conswed as creating a basis for appeal or a defense of any kind to an alleged code violation.
I. 'The director 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 rcasvnable times any building
ur premises subject to the consent or court order to perform the duties imposed by this article. It is the
intent of the city council that any entry made W private property for the purpose of inspection for code
violations be accomplished in strict conformity with constitutional and statutory constraints an entry, and
the holdings of the relevant court cases regarding entry. The right of entry authorized by this article shall
nut supersede those legal constraints.
I. The director may request that the police, appropriate roc district, Spokane Regional Health District ur
other appropriate City department ur other non-city agcncv assist in enforcement. (ord. 0-l-01 t
I (1.2o.0a 2o0a .
10.30.190 Guidelines for drpartmratrrl respooscs to complaiats.
A. City representatives arc audtorized to determine, based upon past complaints regarding a prulxrty.
Subsequent field im~estigations, 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. (r?rd 0~-
013 ~ 1(1.20.05 200
10.30.2001nitial investigation.
This section sets forth guidelines fiir more specific procedures to be: used by the City in implementing this
articles The guidelines set forth in this article are oat jurisdictional, and failure to meet them in any
particular case shall not affect the City's authority to enforce city Cade provisions with reulyd t., that case.
A. Field Verification Required. Except in emergencies, field verification should be made if possible prier
to, concurrent with, or shortly after notifying the person responsible for the alleged code violation.
Complaints should be ac;knowledg~d by sending a letter W the pcrsr,n(s) responsible for the curie
violation. The letter should state that a violaticxr may have occurred, but has nut been verified, anJ should
ask the recipient to contact the person issuing the letter.
[3. ;'ldvising Interested Parties of Receipt of Complaint and~or Field Im~estigrttion.
1. 'The person responsible for the code violation should be advised of any complaint by personal
contact: phone: posting and mail (return receipt requested).
The complainant shrnrld he contacted by phone and, if possible, in person during the field visit.
L. The City ~tiill record all violations m a daurbase svstcm, including a list of all actions taken on the
complaint.
U. To the extent possible, the City shall cheek its own records and the records of other agencies fur
previous violations on the site of the alleged violation or b} the owner or occupant of the site or such
~~thcr portion as may he rcilxmsible fur the c~xlc vii~lation.
f_)rdinancc {?(,-+'H)~ ~lmendme (`~x1c Ct~rnpharicr tirccion ('nee •1 ni IH
Ei. Staff undertaking field investigations shall comply with the provisions otthis article regarding right of
entry. (Ord. 44-013 I (1.?O.Qh). 20Q-3
10.30.210 Procederes when probable violation is identified.
A. The director shalt 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 oat a violation has occurnd. As soc?n as the director has
reasonable c:atue 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.
ft. Except as provided in subsection D of this section, a warning shall be issued verbally ur in writing
promptly when a field inspection reveals a violation, or as soon as the director 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 ar enter into a voluntary
compliance agreement as provided for by this article. Verbal warnings shall be logged and followed up
with a written warning within five days, and the site shall be rc-inspertcd within 14 days.
C. No warning need be issued in emergencies, repeat violation cases, cases that are already subject t~~ 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 crxJe violation Mnows, or re~~onably shoulcJ have known, that the action was a
code violation.
D. Notice and orders should be issued in sill ctrscs in which a voluntary compliance agreement has not
been entered into within fifteen days of notification by the director.
E. "fhe director shall use all reasonable means to determine and prtxecd against the person(s) actually
responsible for the Lode violation occurring when the property owner has not directly or indirectly caused
the violation.
I~. if tho ~ iulatiun is not corrected, or a vuluntar}~ compliance agreement is nut achieved within I ~ da} s of
notification by the Ciry, a notice and order or stop work order should lk issued Stop ~~~ork orders should
he issued promptly upon discovery of a violation in progress.
G. 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 be mailed a copy of all written warnings, voluntary compliance
agreements, notice and orders, stop work orders and notices of settlement conferences issued by the City
with rcganl to the alleged violation. Any complainant may appeal a detenninaticsn of ccxlc compliance
issued b}~ the City. (Ord. 0.1-013 § 1(1?O.U7), 200~t).
10.30.220 Sen~lce -Notice and order and stop work order.
A. Service of a notice and order shall be made on a person responsible far code ~ iulation by one or mare
of the following methods:
I. Personal service of a notice and order may be made un the pcrsc~n identified by the City as
being responsible for the code violation, or by (caving a copy of the or notice and order at the person';
house of usual abode with a person of suitable age and discretion ~vt1o resides there;
CTrdinance Ofi-005 Amending Code Compliance Sections Page 5 of 18
2. Service dir~Yacd to the landowner and/or occupant of the property may be made by posting the
notice and order in n 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 and order by mailing two copies, postage prepaid.
one by ordinnry 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 piece ~~f
business of the: person responsible for the code violntion. The taxpayer's address as shown on the tax
records of Spokane County shall be deemed to be the proper address for tltc 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 fi~llowing the day upon which the notice and order was placed in the
mai I.
B. por notice and orders only, when the address of the person re~sponsihlc for the code violation cannot bc.
reasonably determined, service may be made by publication once in the City's newspaper of record.
ticrvice h~ publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court.
Service of a slap 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 vi~-rlation occurred or h_v serving, the
stop work order in any other manner permitted by this article.
U. The failure of the Ciry to make or attempt service on an. pcrsim named in the notice of violatiivi.
notice and order or stop work order shall nut invalidate anti pnx;ee.dinks as to am other pers~m duly
served. (Ord. 04-013 § 1(1 ~O.U8). ~0(l~ll .
L030.230 Training And rulemaiking.
A. In order to ensure strict conformity with the constraints un entn imposed by state and federal law, arrd
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 prYx;edures, pmtocc~ls and training programs
governing the conduct of searches by compliance ofticers.
[3. The City shall adopt proceduros to implement the priwisi~~ns of this anicl~, and specilically t}tc
guidelines set out in this article describing reasonable and apprt}priate prnux~~ls for investigating cede
violations. (Ord. Uri-U l 3 § I (1.2U.09}, 2UO;3
10.30.240 nbli~alions of persoa~ reapoa9ihle for code violation.
A. It shall be the rosponsibility of any person identified as responsible fur a c~~dc ~•ic~lutir,n to bring the
property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties.
applications for permits, acknowledgement ofstop 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.
13. Persons determined to be responsible for a code v iulutiun pursuant tc? a notice and i~rder shall hr liable
for the payment of any civil penalties and abatement costs; provided, however, that if a property owner
affirmatively demonstrates that the action wfiich resulted in the violation was taken without the awnec's
knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that
owner shnll be responsible only for bringing the property into compliance to the extent reasonabh~
feasible under the circumstances. Should the owner not correct the violation, only those abatement costs
necr~;.ar~ to hrins: the pr+~p~rt~ intn a safe and reasonable conditi~m, a; drtettnincil hr' the director. shall
~)r~mancc 06-005 AmcnJin; C~x1r ~umpliancr Srrtinns ['a,c 6 ai' 18
he assessed by the City. Nu civil penalties shall be a.~sessed against such an owner ~~r his ~~r her prr~lxrt}
interest. (Ord. 04-013 ~ 1(1.20.10), 2004)•
10.30.250 Determination of compliance.
,After issuance i~f a warning, voluntary compliance agreement, notice and order, or stop w~urk 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, as well as the complainant, by certified mail, we-day return receipt requested. fOrd_ 04-013
1(1.20. I I 2003
1030.260 Voluntary compliance agreement -Authority.
A. Whenever the City determines that a code violation has occurred or is occurring, the City shall make
reasonable efforts to securo voluntary compliance from the person responsible for the code violation.
l)pon contacting the person responsible fur the code violation. the Cit}• may enter inti~ a voluntan
compliance agreeement as provided for in this article.
fi. A voluntary compliance agreement may be entered into xt any time after issuance of :r ~crbal ur ~sritten
warning, a notice and order or a stop work order and before an appeal is decided.
C. lfpan 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 rea~onahle time prrial fir
campliance, as determined by the dircctur. An extension of the time limit for compliance or a
modification of the required corrective action may be granted by the director if tltr person responsible for
the code violation ha_s 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 tits authorized representati<< ref the director
and pers+n(s) who signed the original voluntary compliance agreement.
L'. The voluntary compliance agreement is not a settlement agreement. I Ord. qa-Q 13 fi l 1. l ?~l. l ?
2U0-1).
10.30.270 Voluntary compliance agmement -Contents.
The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a
c~xie violation in which such person(s) agrees to abate the violation, remediate the sift, and~or mitigate the
impacts of the violation. The voluntary compliance agreement shall include the following:
A. 'fhe name and address of the person responsible far the code violation;
I3. The address ar other identification of the location of the violation;
C• A description of the violation and a reference to the provision(s) of the ordinance, resolution or
regulation which has been violated;
Ordinance Qr~-(xl; Amending l'uJe ~ omphanec Sections I'aE!e 7 of 1 S
D. A description of the necessary' corrective action to be taken and identilicatinn cif the date or time M
which compliance must be completed;
E. The amount of the civil penalty that ~~-ill be impt~tied if the voluntary wtnpliattce ~rLrc~mcn[ is nut
satisfied;
F. 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 and order or stop work order, impose any remedy
authorized by this article, enter the real property and perform abatement of the violation by the Cite,
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 c.f a development perntit
obtained or to he sought by the person responsible for the code violation:
G. M acknowledgement that if a penalty is assessed. and if any assessed Ix;nalty, fee ur cost is nut paid.
the City may charge the unpaid amount as a lien against dte property where the code violation occurred if
owned by the person responsible for the code violation, artd that the unpaid arnnunt may he a joint and
several personal obligation of all persons responsible for the violation:
1-1. 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
1. An acknowledgement that the person responsible for the code violation understands that he or she has
the right to be served with a notice and order, or stop work order for any violation identifted in the
voluntary compliance agreement, has the right to administratively appeal any such notice and order car
stop work order. And that he or she is knowingly, voluntarily and intelligenth waiving thutie right. (Ord.
0~l-013 § l(1.20.13), 2004).
10.30.280 Failure to meet terms of voluntary compliance agreement.
A. If the terms of the voluntary compliance agreement are not completely met, and an extension cif 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 fur code compliance may,
without being issued a notice and order or slap work order, be assessed a civil penalty as set forth by this
article, 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 article. 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 ar from the date cite voluntary compliance agreement was entered int~~ if
there was not a preceding notice and order or slap work order.
R. The City may issue a notice and order or slap work order for faiturt to meet the terms ui a voluntary
cornpliancc agreement. (()rd. U4-013 § I (1.20.14), 2001).
I0.30.3~IU Notice and order -.~ut6ority.
V~'hen the City has reason to believe, based on investigation of dcxuments artd~or physical evidence, that a
code violation exists or has occurred, or that the tet•rtts of a voluntary compliance agrcement have not
keen met, the City is authorized to issue a notice and order Io any person responsible for a code violation.
Tltr City shall make a determination whether or not to issue a notice and order within 30 days of
receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist.
or ~ti ithin 1(1 davs of the end of a voluntary compliance agreement time period which has not been met.
Ordinance Ub-005 Amendint; t.'od~ ~'umpliancr Sections Pair S uC I S
Subsequent complaints ;hall be treated as new complaints for the purposes of this article (()rd. (I~t-0I ~ §
10.30.350 Notice and order -Effect.
.1. A n~~uce and order represents a determination that a violation has occurred, that the party t~~ whom the
notice is issued is a person responsible fur a c~xie violation, and that the violations set out in the notice
and order require the assessment of penalties and other remedies that may be specitiecl in the notice and
order.
li. "Ihe City is authorized to impose civil penalties upat a determination by the City that a violation has
occurred pursuant to a notice and order.
C. Issuance of a notice and order in no wad limits the Citv's authorit} to issue a stop Murk order to a
person previously cited dtrough the notice and order pmcess pursuant to this article. (()rd. 0•t-013 ti
l (1.?0.21), 2004).
10.30360 Notice and order -Contents.
The notice and order shall contain the follo~~ ine informatir~n~
A. The address, when available, or location of the violation:
B. A legal description of the real property ur the Spokane County tai parcel number where the vic~luti~in
occurred or is located, or a description identifying the property by commonly used li~cators:
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:
n. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, pcrtnit
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 ~ iolation, and that am assessed penalties must he paid ~~ithin ?0 dais ul service of the notice and
order;
F'. r1 statement advising that any costs of enforccmcnt incurred by the ('ih shall also he assesed against
the person to wham the notice and order is directed:
G. A statcrnent that payment of the civil penalties assessed under this article does not relieve a person
found to br responsible fur a code violation of his or her duty to correct the violation and/ur to pay and
and all civil penalties or other cost assessments issued pursuant t~ this article:
H. A statement of the corrective or abatement action required to be taken and that nll reyuircd perntits to
perform the corrective action must be obtained from the proper issuing agency:
I. A statement advising that, if any required wor1? is not commenced or completed within the time
specified by the notice and order, the City may proceed to seek a judicial abatement order fmm Spokane
Counri~ superi~~r court to abate the violation:
clydinancc Ob-1105 Amrndin,t Code Compliance Scc~i~ms Page of f
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 n., a joint and several personal obligation cat all persons
responsible for a code violation;
K. A statement advising that any person namrd in the notice and nrder, or having any record or equitable
title in the propem• against which the notice and order is recorded may appeal fmm the notice and order
to the hearing examiner within 2A dav: ot'thc date of'scrvicc t~f~the notice ~uu1 ortlcr.
l..:1 statement advising that a failure t+~ c~~rrrct the viulati~ns cited in the orrice and +}rder c+~uld lead to
the denial of subsequent Spokane Valley permit applications on the subject prnprrty:
I~9. A statement advising that a failure to appeal the notice attd order within tht: applicable time limits
renders the notice and order a final detetminaiion that the conditions described in the notice and order
existed and ~+~??stitutc;d vi+~lation, and that the named party i, liable as a perm responsible for
violation:
N. A statement advisinb the Ixrson responsible for a code violation of hiy'her duty to notify the City of
any actions taken to achieve compliance with the notice and order; and
O. A statement advising that a willful and knowing violation may he referred to the office of the city
attorney for pmseeutinn. ((ord. 0~1-U13 ~ I(I.'_'U.2~), 2UU~l).
1030.380 Notice aad order -Supplementation, revocation, nuxliCcutiun.
A. The director may add to. revoke in whale or in part, or otherwise rnodif~ a notice and order by issuing
a written supplemental notice and order. The supplemental notice and order shall be governed by the
+ame procedures and time limits applicable to all notice and orders contained in this article.
B. 't'he director may issue a supplemental notice and order. or revoke a notice and order issued under thiti
article.
[ . If the original notice and order was issued in error;
Whenever there is new information or change of cinumstances; ur
3. !f a party to an order was incorrectly namrd.
C'. Such revocation or modification shall identify the reasons and underlying facts for modification or
rew+k;ation, and shall be filed with the Spokane County auditor's office. (C?rd. Oq-013 ti II I.'(t.?-l 1. 2b0~ 1.
1030.390 IYc?tice and nrder -Administrative cunfereoce.
An informal administrative conference may be conducted b} the director at anv time ft~r the purlx~sc u(
facilitating communication among concerned persons rend providing a forum for efficient resolution of
any violation. Interested parties shall not unreasonably be excluded from such conferences. (Urd. O~1-013
1(1.30.400 Notice and order - Nemedies - ~uspert9ion, revocation or limitation of permit.
:1. 1 hr director nta~ suspend. rw+tke or modify any prrn?it issued by the City whenever.
Ordinance (16-Ilii~ rlmrndin~ Code Compliance Ject~ons !'a~~e 1(I of 18
I . Thr 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 represcntativcs of the City in the
performance of his or her duties related to that permit;
3. `Che permit was issued in error or on the basis of materially incc~rrcc;t information supplied t.~
?hc City;
Q. Permit fees or costs were paid to the City by check and returned from a financial institution
marked nonsufficient funds (NSF) or canceled; or
5. For a permit or approval that is subject to sensitive area review, the applicant has failed to
.iisclose a orange 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.
R. Such stupensiun, revocation, or modification shall be carried out through the notice anti order
provisions of t)tis article and shall be effective upon the compliance daft established by the notice and
~~rder. Such suspension, revocation car rno~iification may he appealed to the hearing examiner using the
appeal provisions of this article.
C. Notwithstanding any otltcr prop ision of this :u-tirle. the director may intmcdiatrly ~usp~nd operations
under any permit by issuing a stop «<~rk c~rdc:r. (e~7rd. 0-1-ct l ~ ~ I ? l .2(?.~G), ?t)c?~t?.
10.30.410 Notice and order -Remedies - Ueaial of permit.
A. "fate director may dert_v a pcrrmit ?vltcn, with regard to the site or project ?i~r which the permit i~
suhmittcd.
1. Anv person m~ninfi the pr~~perty or :uhmitting the development proposal has lx.en found in
~~iolatiun of any ordinance, resolution, regulation or public rule of the City that regulates ur protects the
public health, safety and welfare, or the use and development of land and water; andbr
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 pcmtit, notice and order or step work order
issued pursuant to any such ordinance, resolution, regulation or public rule.
13. In order to further the remedial purposes of t}tis article, such denial may continue until the violation is
cured by restoration acc:eptcd as complete by the director and by payment of any civil penalty imposed Cor
the violation, except that permits or approvals shall be granted to the extent necessan• to accomplish any
required restoration or cure. (Ord. 04013 § 111.20.71. ?p0~3).
1U.30.4Z0 Notice and order -Remedies -Abatement.
In addition to, or as an alternative to, any other judicial or administrative remedy, the director may use the
rtutice and order provisions of this article to order any person responsible for a ends violation to abate the
violation and to complete the work at such time and under such conditions as the director determines
reasonable under the circumstances. If the requirLd corrective work is not commenced or completed
within the time specified, the City may Berk a judicial abatement order pursuant to this artirlc. (Ord. 0x-
013 § l (1 ?0.281. 200.1). - -
t lydinance ub-UU~ Amen~img l'odc C ompliartce 5ect:ons Page I I u1 1 R
1030.430 Stop work order -Authorized.
The director is authorized to issue a stop work ordzr to n person responsible far a code vie~lcitiun. Issuance
of a notice and order is nut a condition precedent to the issuance of the stop Mork ardor. (Ord. U4-U13 §
1(1.20.29), 200•t ~
1030.440 Stop work order -Effect.
A. A stop work order represents a determination that a crrde violation has occurred ur is uccurTing, and
that any work or actlYlly that caused, is causing e,r cantrihuting to the violation nn the pri~pem where tltc
violation has occurred, ar is occurring, must cease.
R. A stop work order requires the immediate cessation of the specilicd wort. ur activity on the named
property. Work activity ma} not resume unless specifically authorized in writing by the City.
C'.:1 stop work order may be appealed according to the procedures prescribed in this article.
U. Failure to appeal the stop work order within 20 days renders the stop work order a final determination
that the civit code violation occurred and that work was properf}' ordered to cease.
f:. A ytap ~~ark order may be enforced by the City police. (C)rd. O4-013 1(l .~'0.3tt?. ?(1(!a).
10.30.450 Stop work order - Remedy-Civil penaalties.
A. In addition to any other judicial or administrative remedy, the City may assess cis it penalties fir the
violation of any stop work order according to the civil penalty schedule established in SVMC 1(1.3(1.~t~0.
B. Civil penalties for the violation of any stop work order shall begin to accrue an the fiat day the stop
work order is violated and shall cease accruing an the day the work is actually slapped.
C. Violation of a stop work ardor shall be a separnte violation from am' ether code ~ u~l:rtwn. ([?rd. O~i-01 ~
§ 1(1.20.31), 2004
1030.460 Stop work order -Remedy -Criminal penalties.
In addition to any other judicial ar 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 personlsl responsible fur any «illful ~ialation of a step ~~ark
order. (Urd. 04-013 § I .20.32), 200-t
1030.470 Civil penalties -Assessment schedule.
:1. Civil penalties for code violations shall be imposed fur remedial purposes and shall hr a~>cssed fur
each violation identified in a notice of ~ iulation• notice anJ order ur step wurl\ unicr, pursuant t~~ the
following schedule.
1. Notice and orders and stop w~,rk orders:
a. Eiasic initial penalty: 5500.OU
b.:ldditional initial penalties may he added ~+here thcrL is:
i. Public health risk -amount depends an severity : ~u - '.~O~)
ii. f;nvirnnmcnta) damaee -amount depends on severity: S(1 - w,~flU
O1•~InanCt (}b•00~ .^[IlCndlllL Cody Compliance Sections Pa~,e 1' of l8
iii. Uarnage to property -amount depends on severity: SU - ~,~Q(1
i.•. History of similar violations (less thun three): $500
v. History of similar violations (three or more): $2,00
vi. Economic benefit to person responsible for violation: $5,000
c. T7re alxrve penalties may be offset by the following compliance:
i. Full compliance with a voluntary compliance agreement with prior history ~I'
r.rro to one similar violations: $0 - 1,500
ii. Full compliance with a voluntary compliance agreement and a histon ~~f t~+c:~
or more prior similar violations: SO - 500.00
l3. The; total initial penalties assessed for notice and orders and stop work orders pursuant to iliis ankle
shall apply for the first 30-day period following issuance of the order, unless another time period is
specified in a voluntary compliance agreement.
C. Civil penalties shall be paid within ~0 davs of un•ice of the Holier and order ur stop ~~c~rl. order if nut
appealed. Payment of the civil penalties assessed under this article dots not relieve a person found to he
naponsible for a code violation of his or her duty to correct the violation andlor to pay any and all civil
penalties or other cast assessments issued pursuant to this article.
D. Thc City may suspend civic penalties if the person responsible for a codr 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 Hat pursued,
if corrective action identified in the voluntary compliance agreement is not completed as specified, or if
the property is allowed to return to a condition similar to that condition which gave rise to the voluntan•
compliance agreement.
L. Civil penalties as~c~sed create a ic~int and several personal uhligation in all personti respon5ihlr for a
code violation.
F. In addition to, or in lieu of, ui,y other state or local prcwisiun for the recover} crfcivil penalties, the City
may tilt for record with the Spokane County auditor to claim a lien against the real property for the civil
penalties assessed under this article if the violation was reasonably related to the real property. Any such
lien can be filed under this article 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) and any civil
penalties remain unpaid in whole or in part. (Ord. 04-013 § 1(1.?0.33 ~00•t
10.30.4130 Civil penalties -Duty to comply.
Persons responsible far 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 came into compliance with the
notice and cider, voluntary compliance agreement, or stop work order, and has pro.~ided sufficiern
cvidenceof such compliance. (Ord. Od-013 § I(1?0.34),'00-1).
10.30.490 Civil penalties -Community set'vice.
The City is authorized to allow a person re;Ixinsible far a code violation who accumulates civil penalties
as a result of a 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 ~~r
education progrnms ilesigned to clean up the Cih~. 1-he amount of community lien°icc will rca_tionahls
t rrdinancr fk~•Un~ ;~mrnlin~ Cndc <'r~m}~liancc Sections F~1C I ~ ~~f I ~
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 C'iry shall take into consideration the severit}~
of the violation, any history of previous violations and practical and Icgal impediments in considering
whether to allow community service in lieu of paying penalties. (Ord. 0~9-0 l 3 § 1(I .xO.35 2U0~9).
10.30.500 Civil pens~ltiea - WAiven.
r1. ClVil penRIUCS may be waived ar rcitnburscd to the payor by the Cite under the follo~~ ing
circumstances:
I. 1'he notice and order or step work order was issue) in rrr~~r.
2. The civil penalties were assessed in error,
3. Notice failed [o reach the property owner due to unusual circumstances; or
New, material infi~rmation warrnntin~ waiver has b~:en prescnteJ to the City since the noti~c
and order or stop work order was issued.
B. The director shall state in writing the basis for a decision to waive penalties, and such statement shall
become part of the public record unless privileged. (Ord. 01-013 §((1.:0.36). ?00.9).
10.30.510 Civil penalties -Critical srrrag.
A. 'llte compliance provisions for critical areas arc intended to protect critical areas and the general
public fmm harm, to meet the requirements of Chapter 36.70A RCW (the Growth Management Act), and
to further the remedial purposes of this article- To achieve this, persons responsible for a code violation
will not only be reyuired to restore damaged critical arras, insofar as that is possible and beneficial, but
will also be required to pay a civil penalty for the redress of ecological, rrrrcational, and ernnomic 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 he nattted as a party to the
notice and order. In addition to an~• other persons ~vho may be liable fot a violation, and subject to the
exceptions provided in this article, the owner shall he jointly and severally liable fur the restoration of a
site and payment of any civil penalties imposed.
(7 Violation of critical area provisions of this code means:
1. The violation of any provision of Chapter 10.?0 SViV1C, Article Ill, Critical Areas, or of the
administrative rules promulgated thereunder;
2. The failure to obtain a permit required for work in a critical area; ar
3. The failure to comply with the conditions of any permit, appmval, terms and conditions of any
sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance. or any
notice and ardor, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to
the above-mentioned provisions.
f:. Any person in violation of Chapter 10?0 SVMC, Article lll, Critical Areas. may be subject to civil
penalties. casts and fees as f~~llrns~s:
t)niuiancc ilh-U(~~ :~mcn~lin~ l'ncle t'ampl!ancc ~rcnnn~ t'a~~c I a of 18
I. According to the civil penalty schedule under SVMC 10.30.470; 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
The greater of:
a. An amount determined to be equivalent to the economic benefit that the person
respc,nsiblc for a cede violation derives from the violation, measured as the total of:
i. The resulting incr~e in market value of the property;
ii. The value received by the person responsible for a violation;
iii. The savings of construction costs realized by the person respnmiblc t~~r
code viulatic~n as a result of performing any act in violation of Chapter 10?0 SVMC, Article 111, Cr7ticxl
Areas; or
b. Code compliance costs (such amount not to exceed $25,040) incurred by the City t~~
enforce Chapter 10.20 SVMC. Article Ill. Critical Areas, against the person responsible for a cede
violati~,n. !C)rd. (}8-013 ~ ll l _~'0.;7), ~QD-{).
IQ.30.i20 Cost recoccr~.
A. In addition to the other remedies available under this article, upon issuance of a native and order ar
slap work order the City shall charge the costs of pursuing code compliance and abatement incurred to
cc~rrcct a code vi~l;uic?n to the person responsible for a code violation. These charges include:
I , Reasonable legal Fees and Costs. For purposes of this section, "reasonable legal fees and
costs" shall include, but am not limited to, legal personnel costs, both direct and related, incurred to
cnfi~rce the provisions of this article as may be allowed by law; and
2. Administrative Personnel Costs. Far purposes of this section, "administrative personnel costs"
shall include, but are not limited tu, administrative employee costs, both direct and related, incurred t~~
enforce the provisions of this article; and
3. Abatement Costs. 'The City shall keep an itemired account of costs incurred by the City in the
abatement of a violation under this article. Upon completion of any abatement work, the City shall
prepare a report spCCif'ying a legal description of the real property where the abatement work occurred,
the ..•ork dune for each property, the itemiicd 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 ..ork; and the costs etif any required printing, mailing ur
court filing fees.
Q Such cc,sts arc due and pay,+hlc 3(} days fn~m mailing ufthe inv~~ice.
(:.:111 e~_~sts assessed b. the City in pursuing code compliance andlc~r abatement create: a ;uint and several
personal obligation rn all persons responsible fur a violation. The offtce of the city attorney, can behalf of
the Cih', may collect the costs of code compliance efforts by any appropriate legal means.
U. In addition to, ar in lieu af, 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 ttte real property for the assessr.~d costs identified in this article if the violation was
reasonably related to the real property, in accordance with the provision any lien provisions authorized by
start law.
C. 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 fur lien to be filed far record within 90 days
fri~m the later of the date that the monctar-v penalty is glue or the date the .vork is completed or the
i~h~inanr. ~1b-00~ -lmcttdin~ Co~fe ~'umhlrance Secnr~ns Page I ~ .•t { S
nuisance abated. 1~hc claim of lien 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 Ix amended from time to time to reflect changed conditions. Any such lien shall
hind the affected property for the period as provided for by atatc law. (Ord. 04-013 § 1(1.2O.3R), ~00•I).
1030.530 Collection of civil penalties, fees and casts.
The City may use the services of a collection agency in order to collect any civil penalties, fees, costs
and/ar interest owing under this article. IUrd. 44-Q 13 § I (l ?Q.39'1, 2UU-i 1.
10.30.540 Abatement.
A. Emergency Abatement. 11'hcncver 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 he given to the person resp~msihle
for the violation s_S soan as reasonably passible after the abatement.
Li. Judicial Abatement. The City may seek a judicial abatement order from Spokane County supcri~r
court, to abate a condition which continues to be a violation of this code wh~rc other methods of remcdi:rt
action have failed to produce compliance.
C. ~l~h~ Cite shall seek to recover the costs of abatement as authorized h} this article. (l)ed. 0•I- t113
I (1.20.40), 2UQ4).
10.30.550 Code compliance abatement fund - Aut6orir.ed.
.All monies collected tmm the assessment of civil penalties and for abatement cost, and ~~ork shall be
allocated to support expenditures for abatement, and shall be accounted Cor through either creation of an
account in the fund for such abatement costs, ur other appropriate accounting mechanism. (Ord. 04-013 §
1(I 0.41). 213(1-1),
1030..60 Administrative appeals -Standing -Filing requirements.
A. Any person issued a notice and order ar stop w~urk order, and any owner of the land where the
violation for which a notice rind order or stop ~~c~rk order is issued may file a nrnicc of appeal of the
following:
I. NUIICe and order.
2. Stop work order.
Ii. A complainant who reyucsts to be kept advised may appeal a determination of compliance by the L ity.
C. A person Thal does not meet the requinements of subsection A or ~ of this section does not ha~~c
standing to appeal under this article-
D. Any person filing an appeal under this article who was issued a notice and order, or is the owner of the
land where the violation occurred, shall do so by obtaining the appeal farm fram the City and fling the
cumpteted appeal form within 20 days of service of the notice and order or stop work order. Failure to
appeal the notice and order or stop work order within the applicable time limits shall render the notice and
c±rder or stop work order a final determination that the conditions described in the notice and order existed
and constituted a vi~~l:+tion, and that the named part} is liable its a person responsible for a cc~cfe violation
i
?rdui:urc~ U6-OUS Amending Code Compliance Sections Pace I ri n1 I S
A complainant who appeals the drtcrminatian of compliance by the City must file any such appeal within
20 days of service at the determination of compliance.
E. Any administrative appeal considered under this article will be determined by the hearing examiner
pursuant to Chapter 10.35 SVMC, Article 1, as adapted or hereafter amended, unless in conflict with
specific provisions of this article. in which case the specific provisions of this article shall contml. (Qrd.
0~3-013 § 1(1.20.x2), 200A).
10.30.570 Administrative appeal - yotire of hearing.
l!pon r~Y:ript 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 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 far a violation.
(Ord. 04-013 § I(1.20,d3), 200.1).
1030.St10 Administrative appeal - Procedares.
;1. The appeal hearing shall be conducted as provided l~~r in the ordinance a:~dified in Chapter 10..E
S~'1V1C. Article 1, as adopted or hereafter amended.
l3. Enforcement of any notice and order of the Gity issued pursuant to this article shall be st:ryrd deicing
the pcndrncy of any administrative appeal except when the City determines that the violation poses a
significant threat of immediate andlor irreparable harm and so states in any notice and order issued.
C. Enforcement of any stop work order issued pursuant to this article shall not be stayed auxins; the
pendency of any administrative appeal under this article.
When multiple notices and order or stop work orders have been issued simultanenush_• for any set cat
facts constituting a violation, only one appeal of all the enforcement
actions shall be allowed. (Ord. OA-013 § 1(1.20.~l4), 200-t t.
10.30.590 Administrati~•e appeal -Final order.
A. Following review of the evidence, the burring cxatniner shall issue a written order containing findings
and conclusions, and shall affirm or modify the notice and order or stop work order previously issued if
the hearing examiner finds that a vialation ha_s occurred. The hearing examiner shall uphold the appeal
and reverse the noticr and order or stop work order if the examiner finds that no violation occurred.
B. If an owner of property where the violation has occurred has alTirmativcly demonstrated that the
violation was caused by another person ar entity not the agent of the property owner and without the
o~~-ner's knowledge or consent, such property owner shall be responsible only far abatement of the
violation. Strict compliance with permit requirements may be waived regarding the pcrh~rmance of ;uch
abatement in order to avoid doing substantial inaustice to a nonculpable property ow•ncr.
C. The hearing examiner's final order shall be Gnal and conclusive unless proceedings for review of ttte
decision are properly commenced in Cprkane County superior court within the time period specified h}
applicable stntc la~v.
D. A final order by the hearing examiner aliirtning, revokins; or mcxiifj ing a noticr and order i~r stop
work order is a tmal decision. (()rsi. (1~3-UI ~ 1(1.'_(1..}~1,'O(1-}).
(?r~linancc tk~-llUS :lnitndinL i oar Coniplianc~ ~ectiuns I'a~e 17 off 8
10.30.600 Judicial enforcement -Petition fur enforcemeot.
In addition to any other judicial or administrative remedy, the of3ic;c of the cit} attarnry. ~>n behalf of
the City, may seek enforcement of the City's order by tiling x petition for enforcement in S[xrkanc County
superior Court.
B. "Tire petition must name as respondent each person against whom thr Cit.} seeks to obtain cis i)
enforcement.
C. .A petition for cis it cnfi~rcement may retlucst monetary relief, dccl~~tratury relief, temporary ur
permanent injunctive relief, and any other civil remedy provided by law, or am' combinati.,n of the
ti~rcgoing. (Ord. 04-013 § 1(1.20.46), 2004).
Section 2. Severability. If any section, subsection, sentence or clause of this chapter is tilt
ans reason held to be invalid, tiuch decision shall nut atl«t the validity of thr remaining provisions of this
chapter.
Section 3. LtZective dart. ~Rtis Ordinance shall be itt full force and effect five days after
publication of this l>rdinance car a summary thrrcaf occurs in the official nc«~spapt-r of the City as
provided by I<:~~ .
Passed on ibis ?8'~' day cif February. _'Ut)6. -
h1avor. [)inrut Wilhite
A(
j,,
City Clerk, Christine [i tnbridge
.Approved As 'To Form: l
-'1
U tee o to itv Att
Date of I'ublicatian: 3 " i0 d~_
F.fl'ectivc: Date, _ / ^ O</
Urdtnancc (?(i-005 Amrnding Cade Complianre Srctums Paee 18 of I8