1731 - Ordinance - Repealing Ordinance No. 1614 Duties of Code Enforcement OfficeRepealed by Ordinance 1743
Date: 11-23-98
ORDINANCE NO.1731 X
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 1614 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 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.
Ordinance No. 1731
Page 2 of 4
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 sl
provisions as set forth in this chapter shall have committed a c
the City of Port Orchard Municipal Court that such civil infraction
billable court costs, and pay monetary penalty to the City of I
schedule below: (Subsections below have been paraphrased a:
only and are not intended for any other purpose.)
all commit any violation of the
dil infraction and, upon finding by
has been committed, shall pay all
'ort Orchard, as set forth on the
an aid in determining the penalty
(a) Violation of the public nuisance laws $100.00
(b) Violation of the zoning ordinance $150.00
(c) Violation of the conditions of approval for land
use reclassification as approved by the City Council $150.00
(d) Violation of the conditions of approval for special
use permits as approved by the City Council $150.00
(a) Violation of the conditions of approval for
variances as approved by the Planning Commission $150.00
(f) Violation of the conditions of approval for
final plats as approved by the City Council $250.00
(g) 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.
Ordinance No. 1731
Page 4 of 4
CHAPTER 7: SAVINGS CLAUSE. Ordinance No. 1614 (POMC 2.64) is hereby
repealed by this ordinance and shall remain in force and effect until the effective date of this
ordinance.
PASSED by the City Council of the City of Port Ore rd, APPROVED by the Mayor
and attested by the Clerk in authentication of such passage this 2 day of July,
LESLIE J. WEATHERILL, MAYOR
ATTES .
Patricia Parks, City Clerk
APPROVED AS TO FORM: Sponsored by:
City Attorney Councilman Stansbery
Publication date:
Effective Date: ?S//U
h
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 July 27, 1998.
ORDINANCE NO. 1731
AN ORDINANCE OF THE CITY OF PORT ORCHARD,
WASHINGTON REPEALING ORDINANCE NO. 1614 AND
REESTABLISHING THE DUTIES OF THE CODE
ENFORCEMENT OFFICER (POMC 2.64)
Copies of Ordinance No. 1731 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. 1731 will be provided at a nominal
charge.
City of Port Orchard
Michelle Merlino
Deputy Clerk
Publish: Port Orchard Independent
August 5, 1998