1743 - Ordinance - Repealing Ordinance No. 1731 Duties of Code Enforcement OfficerRepealed by Ordinance 1749 %
Date: 12-28-98
ORDINANCE NO.1743
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
REPEALING ORDINANCE NO. 1731 AND REESTABLISHING THE
DUTIES OF THE CODE ENFORCEMENT OFFICER (POMC 2.64).
WHEREAS, the City maintains order with municipal ordinances which describe land use
regulations and public nuisances; and
WHEREAS, the enforcement responsibility for particular ordinances need to be better
defined for a more efficient implementation, now, therefore;
THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Code Enforcement Officer Position Created -Authority.
The position of Code Enforcement Officer is established. The Code Enforcement Officer
and any designee shall be appointed by the City Council and shall be designated by Council resolution. The
Code Enforcement Officer shall be authorized to investigate compliance with the City regulations enumerated
in Section 3 and to take reasonable action to bring about compliance with such regulations, including but not
limited to the issuance of notices of civil infraction.
SECTION 2. Notice of Civil Infraction.
(1) The Code Enforcement Officer has authority to issue a notice of civil infraction:
(a) When a violation of the City regulations enumerated in Section 3 is
observed by the Code Enforcement Officer; and/or
(b) When the Code Enforcement Officer has reasonable cause to believe that
a violation of city regulations as enumerated in Section 3 has occurred.
(2) Each five calendar day period that a violation exists constitutes a separate offense.
(3) A notice of civil infraction may be issued by the Code Enforcement Officer to any
responsible person, firm, corporation or agent. The notice of civil infraction shall contain the
information required by RCW 7.80.070 as it now exists or may hereafter be amended.
(4) A notice of civil infraction shall be served upon the person to whom it is directed in
person, or by mailing a copy of the notice to such person at his/her last known address.
Proof of service shall be made by a written declaration under penalty of perjury by the person
serving the notice, declaring the date and time of service and the manner by which service
was made. The notice of civil infraction, along with the declaration, shall be filed with the City
of Port Orchard Municipal Court.
(5) A Notice of Civil Infraction - jurisdiction. The City of Port Orchard Municipal Court
shall have jurisdiction to hear and determine these matters.
SECTION 3. Enforcement.
(1) A Civil Infraction. Any person who shall commit any violation of the provisions as set
forth in this chapter shall have committed a civil infraction and, upon finding by the City of Port
Orchard Municipal Court that such civil infraction has been committed, shall pay all billable
l
Ordinance No. 1743
Page 2 of 3
court costs, and pay monetary penalty to the City of Port Orchard, as set forth on the
schedule below: (Subsections below have been paraphrased as an aid in determining the
penalty only and are not intended for any other purpose.)
(a)
Violation of the public nuisance laws
$100.00
(b)
Violation of the zoning ordinance
$150.00
(c)
Violation of the sign code
$250.00
(d)
Violation of the conditions of approval for land
use reclassification as approved by the City Council
$150.00
(e)
Violation of the conditions of approval for special
use permits as approved by the City Council
$150.00
(f)
Violation of the conditions of approval for
variances as approved by the Planning Commission
$150.00
(g) Violation of the conditions of approval for
final plats as approved by the City Council $250.00
(h) Provided, any violation for which a penalty is not set
forth above shall contain a monetary penalty not to exceed $100.00
(2) Additional Remedies. In addition to any other remedy provided by the chapter, the
City may initiate injunction or abatement proceedings or any other appropriate action in the
courts against any person who violates or fails to comply with any provision as set forth in this
chapter or to restore a condition which existed prior to the violation. The violator shall pay the
costs of such action including reasonable attorney fees.
(3) Authority Retained. Nothing in this chapter shall be construed to abridge the
authority of other agents or officers of the City, including the City Police Department, to
enforce the provisions of this code under authority otherwise granted such agents or officers.
SECTION 4. Applicability.
(1) The enforcement authority of this chapter shall apply to the following ordinances and
regulations of the City, and any subsequent ordinance and/or regulation as set forth in POMC
2.64:
(a)
Nuisances
Ordinance No. 1724
(b)
Zoning Ordinance
Ordinance No. 1469
(c)
Open Storage Yards
Ordinance No. 1667
(d)
Conditions of approval for Land Use
Ordinance No. 1508
Reclassification
(e) Parking and Circulation requirements
(f) Landscape Standards for Commercial
Development
(g) Landscape Standards for Commercial
Developments, Industrial
Developments, Public Property
Developments and relating to uses
Permitted upon the issuance of a
Special Use Permit
(h) Subdivisions
(i) Sign Code
Ordinance No. 1743
Page 3 of 3
Ordinance No. 1509
Ordinance No. 1514
Ordinance No. 1574
Ordinance No. 1702
Ordinance No. 1741
SECTION 5. Inspections. The Code Enforcement Officer or the Code Enforcement
Officer's designee shall inspect properties as necessary to determine whether the permittee has complied with
conditions of the respective permits and whenever there is reasonable cause to believe that a permittee is in
violation of the provisions as set forth in this chapter, may
enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed by
the Code Enforcement Officer by this code. The Code Enforcement Officer or designee shall present proper
credentials to the owner or other person in charge of the premises before requesting entry. If such entry is
refused or if the owner or tenant or person in charge of the premises cannot be located, the Code Enforcement
Officer or designee shall have recourse to every remedy provided by law to secure entry, including, but not
limited to, application for a search warrant. In making such application, the Code Enforcement Officer or
designee shall be assisted by the Police Department.
SECTION 6. Repealer. Ordinance No. 1731 is hereby repealed in its entirety.
SECTION 7. Saving Clause. Ordinance No. 1731, which is repealed by this ordinance,
shall remain in force and effect until the effective date of this ordinance.
SECTION 8. Severability_ If any section, subsection, paragraph, sentence, clause, or
phrase of this ordinance is declared unconstitutional or invalid for any reason, such decision shall not affect
the validity of the remaining portions of this ordinance.
PASSED by the City Council of the City of Port Orcha APPROVED by the Mayor and
attested by the Clerk in authentication of such passage this 23rd day of mber, 1 98.
/ rL �
LESLIE J. WEATHERILL, MAYOR
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM: Sponsored by:
City Attorney
Councilman Stansbery
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 November 23, 1998.
ORDINANCE NO. 1743
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 1731 AND
REESTABLISHING THE DUTIES OF THE CODE
ENFORCEMENT OFFICER (POMC 2.64).
Copies of Ordinance No. 1743 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. 1743 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
December 2, 1998