024-19 - Ordinance - Consolidating and Standardizing Enforcement Provisions within Development CodeORDINANCE NO. O24.L9
AN ORD NANCE OF THE C TY OF PORT ORCHARD, WASHINGTON,
CONSOT DAT NG AND STANDARDIZING ENFORCEMENT PROV S ONS
W TH N THE DEVELOPMENT CODE AND MAK NG THEM CONSISTENT
W TH OTHER MUN CIPAL CODE REGULAT ONS UNDER THE PURV EW OF
THE coDE ENFORCEMENT oFF cER; PRov D NG FoR cRtMtNAL
PENALT ES AND OTHER LEGAL OPTIONS; PROVID NG FOR SEVERABII TY
AND PUBL CATION; AND SETT NG AN EFFECT VE DATE.
WHEREAS, the Port Orchard Unified Development Code contains various enforcement
and penalty provisions in different chapters, some of which are inconsistent with others or with
State law, and some of which are related to an enforcement process that is no longer used in
Port Orchard; and
WHEREAS, most sections contain only civil infraction penatties and inctude no o ption for
criminal penalties; and
WHEREAS, the lack of a criminal penalty option timits the penalties avaitable in the case
of very serious and/or intentionat code violations and makes it impossibte to obtain warrants,
which in Washington State are only available for criminat investigations, to investigate
violations that cannot be documented otherwise; and
WHEREAS, on March 25,20L9. the Land Use Committee of the City Councit considered
the proposed amendments and recommended bringing them forward for consideration by the
Planning Commission and the City Council; and
WHEREAS, on June 4,2OL9, the City's Planning Commission held a public hearing on theproposed amendments and voted unanimously to recommend approval by the City Council;
now, therefore,
THE CIW COUNC t OF THE C W OF PORT ORCHARD, WASHINGTON, DO
ORDA N AS FOLLOWS:
SECTION 1. POMC Sections Amended. POMC Title 20 - Unified Development Code,
Sections 20.02.060,20.62.110, 20.82.040,20.140.180,20.L5O.270, attached as Exhibit t heretoand incorporated fully herein by this reference, are hereby amended to read as shown in
Exhibit 1.
SECTION 2. Severabilitv. lf any section, sentence, clause or phrase of this Ordinance
should be held to be unconstitutional or unlawful by a court of competent jurisdiction, suchinvalidity or unconstitutionality shall not affect the validity or constitutionatity of any other
section, sentence, clause or phrase of this ordinance.
Ordinance No. O24-L9
Page 2 of 2
SE N3.Publication. This Ordinance shall be published by an approved summary
July 5, 20L9
July 10, 2OL9
consisting of the title.
sEcr oN 4.Effective Date. This Ordinance shall take effect and b e in full force and
effect five days after publication, as provided by law.
PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 25th day of June 21lg.
Robert Putaa u, Mayor
ATTEST:SPONSOR:
I
ra yR nearso n, MMC, City Clerk Scott Diener, Councilmember
APPROVED AS TO FORM:
n Cates, City Atto
o
PUBLISHED:
EFFECTIVE DATE:
EXH BITS: Exhibit 1, Revisions to PoMc chapters 2o.o2, 20.62,2o.g2,2o.t40 and 20.150
a o6.P
a SEAL ]
a
a
a
a
Ordinance 024-19
Exhibit 1, Revisions to POMC Chapters 2O,O2,20.62,20.82,2O.14O and 20.150
Subtitle L General Provisions
Chapter 20.02 - Administration and Enforcement
20.02.050 Violations - Enforcement - Penalties.
(1) Violations.
(a) lt is a violation of this title for any person to initiate or continue or cause to be initiated or continued the
use of any structure, land, or property within the city of Port Orchard without first obtaining the permits or
authorizations required for the use by this title.
(b) lt is a violation of this title for any person to use, construct, locate, alter, demolish, or cause to be used,
constructed, located, altered, or demolished any structure, land, or property within the city of port Orchard in
any manner that is not permitted by this title or by the terms of any permit or approval issued pursuant to
this title or previous codes, provided that the terms or conditions are explicitly stated on the permit or the
approved plans.
(c) lt is a violation of this title to remove, deface, or fail to comply with any sign, notice, complaint, or order
required by or posted in accordance with this title.
(d) lt is a violation of this title to misrepresent any material fact in any application, plans, or other information
submitted to obtain any land use, building, or development permit or approval.
(e) lt is a violation of this title for anyone to fail to comply with the requirements of this title.
(f) Any violation of this title shall constitute a public nuisance.
(2) Enforcement.
(a) lt shall be the duty of the director, or his/her duly authorized designee, to enforce this title. The director
may call upon the code enforcement officer, building official, police, fire, health, public works or other
appropriate city departments to assist in enforcement.
(b) This title shall be enforced for the benefit of the health, safety and welfare of the general public, and not
for the benefit of any particular person or class of persons.
(c) lt is the intent of this title to place the obligation of complying with its requirements upon the owner,
occupier, or other person in control of or responsible for the condition of the land and buildings within the
scope of this title.
(d) Upon presentation of proper credentials, the director or duly authorized representative of the director
may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued
warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the
enforcement duties under this chapter.
(e) No provision of or term used in this title is intended to impose any duty upon the city or any of its officers
or employees which would subject them to damages in a civil action.
(3) Penalties. When the director determines that a violation of any provision of this title has occurred or is
occurring the director may institute any of the following enforcement actions:
(a) Subject to the provisions of chapter 2.04 poMc any business, agency, property owner, and/or other
person who violates the standards set forth in this title or the more stringent standards imposed by the city
engineer, hearing examiner, planning commission, and/or city council as allowed herein shall be guilty of a
civil infraction.
(b) ln addition to any remedy provided for in this title and Chapter 2.64 POMC, the director may issue a stop
work order and/or notice to vacate and other lawful orders. Any person removing such sign without the
permission of the proper authority shall be guilty of a misdemeanor.
(c) ln addition or alternative to any other penalty provided herein or by law, any violation of, or failure to
comply with, any provision of this Title or any lawful order issued hereunder, shall constitute a misdemeanor,
punishable by a fine of not more than 51,000, or by imprisonment for not more than 90 days, or by both such
fine and imprisonment.
(d) ln addition or alternative to any other remedy provided by this title or under the Port Orchard Municipal
Code, the city may initiate injunction or abatement proceedings or any other appropriate action in courts
against any person or property in violation or failure to comply with any provision of this chapter, to prevent,
enjoin, abate, and/or terminate violations of this chapter and/or to restore a condition which existed prior to
the violation. ln any such action or proceeding, the costs and reasonable attorneys' fees incurred by the city
shall be recoverable as a personal obligation of the property owner and/or responsible party and/or a lien
against the property. To the maximum extent allowed by law, such lien shall constitute a special assessment
of equal rank with state, county, and municipal taxes.
(e) Each day in which a violation of this Title occurs or is allowed to continue shall constitute a separate
offense and be subject to the enforcement and penalties provided herein.
Subtitle lV, Supplemental Zoning Regulations
Chapter 20,62 - Mobile Home Regulations
20.62.110 Violation - Penalty.
This chapter shall be enforced according to the regulations and provisions of chapter 20.02 PoMc, Administration
and Enforcement.
Subtitle V. Division of Land
Chapter 20.82- Administration and Enforcement
20.82.040 Violations, enforcement, and penalties.
(1) General. lt is a violation of this subtitle for a person to divide, segregate, sell, or transfer, or offer to sell or
transfer, real property in violation of this subtitle. lt is a violation of this subtitle to do any other thing with respect
to a lot, tract, parcel, or property in the city that violates this subtitle or violates a plat or short plat restriction
imposed by the city.
(2) Enforcement. lt is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this subtitle or of any notice or lawful order issued hereunder. Except as otherwise provided in
this Section, any violation of this subtitle shall be subject to the enforcement and penalty provisions of Chapter
20.02 POMC, Administration and Enforcement.
(3) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells or transfers, or
offers or advertises for sale or transfer, any such lot, tract, or parcel without having a final plat, short plat,
boundary line adjustment, or blnding site plan filed for record, or who otherwise violates or fails to comply with
any of the provisions of this subtitle shall be guilty of a gross misdemeanor. Each violation involving a separate lot,
tract, or parcel of land is a separate and distinct offense; provided, an offer or agreement to sell, lease, or
otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is not a violation of this
subtitle if performance of the offer or agreement is expressly conditioned on the recording of the final plat
containing the lot, tract, or parcel. All payments on account of an offer or agreement conditioned as provided in
this section shall be deposited in an escrow or other regulated trust account and no disbursement to the seller
shall be permitted until the final plat is recorded.
(4) Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates
any provision of this subtitle or any term or condition of plat approval prescribed for the plat, the city may
commence an action to restrain and enjoin such use and compel compliance with the provision, terms, or
conditions. The costs of such action may be taxed against the violator.
(5) Any person who violates any court order or injunction issued pursuant to this subtitle is guilty of a
misdemeanor.
(6) No building permit, septic tank permit, or other development permit shall be issued for any lot, tract, or parcel
of land divided in violation of this subtitle unless the authority authorized to issue such permit finds that the
public interest will not be adversely affected thereby. The prohibition contained in this section shall not apply to
an innocent purchaser for value without actual notice. All purchasers' or transferees' property shall comply with
provisions of this subtitle and each purchaser or transferee may recover his or her damages from any person,
firm, corporation, or agent selling or transferring land in violation of this subtitle, including any amount
reasonably spent as a result of inability to obtain any development permit and spent to conform to the
requirements of this subtitle as well as cost of investigation, suit, and reasonable attorneys' fees occasioned
thereby. Such purchaser or transferee may, as an alternative to conforming their property to these requirements,
rescind the sale, or transfer and recover costs of investi8ation, suit, and reasonable attorneys' fees occasioned
thereby.
(7) The director of the department of community development has the authority to adopt rules and regulations to
carry out the provisions of this subtitle and has the authority to administer and enforce this subtitle and any such
rules and regulations.
Subtitle Vl. Development Standards and Regulations
Chapter 20.140 - Land Disturbing Activiv
20.lrrc.180 Permit Suspension/Revocation.
The director may suspend work or revoke a land disturbing activity permit, as appropriate, whenever:
(a) The work is not authorized by a valid permit;
(b) The applicant requests such revocation or suspension;
(c) The work does not proceed in accordance with the plans, as approved, or is not in compliance with the
requirements of this chapter or other applicable city ordinances;
(d) Entry upon the property for the purposes of investigation or inspection has been denied;
(e) The applicant has made a misrepresentation of a material fact in applying for such permiq
(f) The progress of the work indicates that the plan is or will be inadequate to protect the public, the adjoining
property, the street, critical areas, the drainage system, or other utilities, or the work endangers or will
endanger the public, the adjoining property, the street, protected areas, the drainage system or other
utilities;
(g) The required project security has expired or been expended to the point that it no longer provides
assurance of completion of the project in compliance with the terms of the permit; or
(h) The permit has not been acted upon or extended within the time allowed pursuant to this chapter.
Subtitle Vll, Stormwater Drainate
Chapter 20.150 - Stormwater Drainage
20.150.270 Enforcement,
(1) Violations of this chapter. lt is unlawful for any person to violate any provision or fail to comply with any of the
requirements of this chapter or of any notice or lawful order issued hereunder. Any violation of this chapter
shall be subject to the enforcement and penalty provisions of Chapter 20.02 POMC, Administration and
Enforcement.
(2) Emergency Access and Reparation. ln the event the violation constitutes an immediate danger to public health
or safety, the director is authorized to enter upon the subject private property, without giving prior notice, to take
any and all measures necessary to abate the violation and/or restore the property. Any expense related to such
remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any
relief obtained under this section shall not prevent the city from seeking further relief or applying other penalties
as provided in this chapter.
(7) Violation of Additional Laws. Any person who violates any provision of this chapter may also be in violation of
the Federal Clean Water Act, NPDES Phase ll permit, and/or Chapter 90.48 RCW and may be subject to sanctions
associated with each, including civil and criminal penalties. Any enforcement action authorized under this chapter
shall also include written notice to the violator of such potential liability.
NOTICE OF CITY OF PORT ORCHARD
ORDINANCE
The following is a summary of an Ordinance approved by the Port Orchard City Council at their regular Council
meeting held June 25,2Ot9.
oRDtNANCE NO. 024-19
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON,
CONSOLIDAT NG AND STANDARD Z!NG ENFORCEMENT PROVTSIONS
W THIN THE DEVELOPMENT CODE AND MAK NG THEM CONSISTENT
WITH OTHER MUNICIPAL CODE REGULATIONS UNDER THE PURVIEW OF
THE CODE ENFORCEMENT OFFICER; PROVIDING FOR CRtMINAL
PENALTIES AND OTHER LEGAL OPTIONS; PROVIDING FOR SEVERAB LITY
AND PUBLICATION; AND SETTING AN EFFECTIVE DATE.
Copies of Ordinance No. 024-79 are available for review at the office of the City Clerk of the City of Port Orchard.
Upon written request, a statement of the full text of the Ordinance will be mailed to any interested person without
charge. Thirty days after publication, copies of Ordinance No. 024-L9 will be provided at a nominal charge.
City of Port Orchard
Brandy Rinearson
City Clerk
Published: Friday, July 5, 2Ot9