1614 - Ordinance - Duties of the Code Enforcement OfficerRepealed by Ordinance 1731
Date: 07-27-93
ORDINANCE NO. 1614
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING THE DUTIES OF THE CODE ENFORCEMENT OFFICER.
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, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PORT
ORCHARD, WASHINGTON THE FOLLOWING:
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.
A. The Code Enforcement Officer has authority to issue a notice of
civil infraction:
1. When a violation of the City regulations enumerated in Section 3 is
observed by the Code Enforcement Officer; and/or
2. When the Code Enforcement Officer has reasonable cause to believe that a
violation of city regulations as enumerated in Section 3 has occurred.
B. Each five calendar day period that a violation exists
constitutes a separate offense.
C. 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.
D. 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
Ordinance No. 1614
Page 2 of 4
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.
E. 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.
A. 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 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.)
1.
Violation of
the public nuisance laws
2.
Violation of
the zoning ordinance
3.
Violation of
the conditions of approval for land
use reclassification as approved by the City Council
4.
Violation of
the conditions of approval for
special use
permits as approved by the City Council
5.
Violation of
the conditions of approval for
variances as
approved by the Planning Commission
6.
Violation of
the conditions of approval for
final plats
as approved by the City Council
7.
Provided, any
violation for which a penalty is not set
forth above
shall contain a monetary penalty not to exceed
$100.00
$150.00
$150.00
$150.00
$150.00
$250.00
$100.00
B. 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.
C. 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.
Ordinance No. 1614
Page 3 of 4
SECTION 4: APPLICABILITY.
A. The enforcement authority of this chapter shall apply to the
following ordinances and regulations of the City, and any subsequent amending
ordinance and/or regulation thereto:
(1) Nuisances
(2) Zoning Ordinance
(3) Open Storage Yards
(4) Conditions of approval for Land Use
Reclassification
(5) Parking and Circulation requirements
(6) Landscape Standards for Commercial
Development
(7) Landscape Standards for Commercial
Developments, Industrial
Developments, Public Property
Developments and relating to uses
Permitted upon the issuance of a
Special Use Permit
(8) Subdivisions
CHAPTER 5: INSPECTIONS.
Ordinance No. 1592
Ordinance No. 1469
Ordinance No. 1492
Ordinance No. 1508
Ordinance No. 1509
Ordinance No. 1514
Ordinance No. 1574
Ordinance No.-1362
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.
CHAPTER 6: SEVERABILITY. If any section, subsection, sentence,
clause, or phrase of this ordinance or amendment thereto, or its application to
any person or circumstances is held invalid, the remainder or application to
other persons or circumstances shall not be affected.
Ordinance No. 1614
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CHAPTER 7: EFFECTIVE DATE. This Ordinance shall take effect from
and after the date of November 8, 1994.
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 24th
day of October, 1994.
ATTEST:
Patricia Parks, City Clerk
APPROVED AS TO FORM:
City Attorney
LESLIE J. WEATHERILL, MAYOR
SPONSORED BY:
Councilman Van Zee
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 October 24, 1994.
ORDINANCE NO. 1614
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
ESTABLISHING THE DUTIES OF THE CODE ENFORCEMENT OFFICER.
Copies of Ordinance No. 1614 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.
1614 will be provided at a nominal charge.
City of Port Orchard
Michelle Hager /\ �
Deputy Clerk
Publish: Port Orchard Independent
November 2, 1994