1844 - Ordinance - Amending Chapter 2.64 Relating to the Duties of the Code Enforcement OfficerNOTICE 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 March 11, 2002.
ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY PORT ORCHARD, WASHINGTON,
AMENDING POMC 2.64 RELATING TO THE DUTIES OF THE CODE
ENFORCEMENT OFFICER. (Repealing Ordinance No. 1749)
Copies of Ordinance No. 1844 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. 1844 will be
provided at a nominal charge.
Citv of Port Orchard
I Michelle Merlin0
Deputy Clerk
Publish: Port Orchard Independent
March 20,2002
Kitsaple~alsO.soundpublishing.com
ORDINANCE NO. 1844
AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON
AMENDING POMC 2.64 RELATING TO THE DUTIES OF THE CODE
ENFORCEMENT OFFICER (Repealing Ordinance No. 1749).
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.
2.64.010
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 2.64.010 is hereby amended to read as follows:
Code Enforcement Officer Position Created-Authority.
SECTION 2.
2.64.020 Notice of Civil Infraction
(1)
Section 2.64.020 is hereby amended to read as follows:
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)
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 hidher 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.
When the Code Enforcement Officer has reasonable cause to believe that
Ordinance No. 1844
Page 2 of 4
SECTION 3.
2.64.030 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
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.)
Section 2.64.030 is hereby amended to read as follows:
Violation of the public nuisance laws $lOO.OO
Violation of the zoning ordinance
Violation of the sign code
$150.00
$250.00
Violation of the conditions of approval for land
use reclassification as approved by the City Council
Violation of the conditions of approval for special
use permits as approved by the City Council
Violation of the conditions of approval for
variances as approved by the Planning Commission
$1 50.00
$150.00
$150.00
Violation of the conditions of approval for final plats as
approved by the City Council
Violation of the Stormwater Management Ordinance $100.00 to $1.000.00
Violation of the Shoreline Management
Program $100.00 to $5.000.00
Violation of the Critical Area Ordinance $100.00 to $1,000.00
$250.00
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.
Ordinance No. 1844
Page 3 of 4
(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.
2.64.040
Section 2.64.040 is hereby amended to read as follows:
Applicability. 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
(b) Zoning Ordinance
Ordinance No. 1724
and amendments thereto
Ordinance No. 1748
and amendments thereto
(c) Subdivisions POMC Title 16
(d) Sign Code POMC Chapter 15.16
(e) Stormwater Management Ordinance POMC Chapter 15.32
(9 Critical Area Ordinance Ordinance No. 1784
and amendments thereto
(9) Shoreline Master Program
SECTION 5.
2.64.050 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 2.64.050 is hereby amended to read as follows:
SECTION 6.
SECTION 7.
Repealer. Ordinance No. 1749 is hereby repealed in its entirety.
Savings Clause. Ordinance No. 1749, which is repealed by this ordinance,
shall remain in force and effect until the effective date of this ordinance.
Ordinance No. 1844
Page 4 Of 4
SECTION 8. 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.
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 11 th day of March 2002.
ATTEST:
Pa ri a Parks, City Clerk
City Attorgy ’ W
EATHERILL, MAYOR
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