874 Enforcement Development Regulations CfTY OF YELM
(7RDINANCE NO. 874
AN ORDINANCE ESTABLfSHING A NEW CHAPTER OF THE YELM
MUNICIPAL CODE RELATING TO THE ENFORCEMENT OF DEVELOPMENT
REGULATIONS AND REPEALING EXISTING ENFORCEMENT PROVISIONS.
WHEREAS, the City of Yelm is required to plan under RCW 36.70A.040 of the
Growth Management Act; and
WHEREAS, the City of Yelm has adopted a Comprehensive Plan that is
compliant with the Growth Management Act; and
WHEREAS, the City of Yelm has adopted development regulations that
implement the policies of the Comprehensive Plan; and
WHEREAS, these development regulations contain differing enforcement
provisions with differing penalties and remedies; and
WHEREAS, the existing enforcement procedures do not contain a standard and
predictable process for addressing violations; and
WHEREAS, the propased amendments are administrative in nature and do not
change the development regulations which implement the policies of the
Comprehensive Plan;
NOW, THEREF~RE, THE YELM CITY COUNCIL DOES ORDAIN AS
F(~LLOWS:
Section 1. A new Chapter of the Yelm Municipal Code is hereby established as
Chapter 1.16 Enforcement of Development Regulations
1,16.010 Purpose and Intent.
A. The purpose of this Chapter is to provide a standard enforcement process
for all land use related development regulations adopted pursuant to the
Growth Management Act, Chapter 36.7~A RCW. The pravisions of this
Chapter appfy to the following development regulations, as codified in the
Ye1m Municipal Code:
Chapter 5.44 Home Occupations
Chapter 5.48 Day-Care Facilities
Title 14 Environment
Chapter 15.24 Signs
Title 16 Subdivisions
Title 17 Zoning
B. The primary intent of all enforcement actions described in this chapter is to
educate the public and to encourage the voluntary correction of violations.
Civil and criminal penalties will be used only when necessary to ensure
compliance with the provisions of the codes to which this chapter applies.
Criminal charges will be brought only when civil remedies have failed to
ensure compliance.
1.16.020 Violations.
A. It is a violation of this chapter to remove or deface any sign, notice,
complaint, or order required by or posted in accordance with this code.
B. It is a violation of this chapter to fail to comply with notices or orders
issued pursuant to this chapter.
1.16.030 Enforcement and duty to enforce.
A. Provisions of the regulations to which the enforcement pravisions of this
chapter apply will 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.
B. The administrator is authorized to enforce the regulations to which the
enforcement provisions of this code apply. The administrator may call
upon law enforcement, public works, or other appropriate City
departments to assist in enforcement.
C. The police and all officers and officials charged with enforcement of the
law are authorized to enforce provisions of this code.
D. The owner of any real or personal property subject to enforcement action
and any person responsible for a violation are liable for failure to comply
with the regulations to which the enfarcement provisions of this chapter
apply or to comply with notices or arders issued pursuant ta this chapter.
E. No provision or term used in this code is intended to impose any duty
upon the City or any of its officers or employees which would subject them
or the City to damages in a civil action.
F. No approval shall be granted for a land use permit, land division, building
permit or connection to City services for any lot, tract, or parcel of land on
which there is a final determination of a violation of any state law or City
Code to which the enforcement provisions of this chapter apply, pertinent
to use or development of the property, unless such violations are either
corrected prior to application or are required to be corrected as a condition
of approval. City approval granted on that basis may be revoked at any
time if there is a failure to comply with conditions of approval or violates
any state law or City regulation pertinent to use or development of the
property.
G. Violator's Liability For Damages. Any person who violates any provisions
or any permit issued under the Codes to which the enforcement provisions
of this chapter apply shall be liable for all damage to public or private
property arising from such violation, including the cost of restoring the
affected area to its condition prior to violation. The City Attorney may bring
suit for damages under this section on behalf of the City. Private persons
shall have the right to bring suit for damages under this section on their
own behalf and on the behalf of all persons similarly situated. If liability
has been established for the cost of restoring an area affected by a
violation, the court shall make provision to assure that restoration will be
accomplished within a reasonable time at the expense of the violator.
1.16.040 Investigation and service of notice of violation.
A. The administrator shall investigate any facts which lead the administrator
to reasonably believe that a person, use, or condition is in violation of the
Godes to which the enforcement provisions of this chapter apply.
B. Should the administrator be denied access to such property to carry out
the purpose and provision of this section, the administrator may apply to
any court of competent jurisdictian for a search warrant authorizing
access.
1. The administrator or his or her designee may request the consent
to enter property for the purpose of examining property, buildings,
premises, records, or other physical evidence, or for conducting
tests or taking samples.
2. The administrator or designee may apply for an administrative
search warrant to a court official authorized to issue a criminal
search warrant. An administrative search warrant may be issued for
the purposes described in subsection (B)(1) of this section. The
warrant shall be issued upon probable cause. It is sufficient
probable cause to show either of the following:
a. The inspection, examination, test, or sampling, is pursuant to
a general administrative plan to determine compliance with
this code; or
b. The administrator has reason to believe that a violation of
this code or permit issued pursuant ta tMis code has
occurred or is occurring.
C. If after investigation, the administrator determines that any provision of this
code has been violated, a notice of correction letter shall be the first
attempt at obtaining compliance. If voluntary compliance is not obtained,
the administrator shall serve a notice of violation upon the owner and
person(s) responsible for the violation. The notice of violation shall state
the following:
1. Description of the activity that is causing a violation;
2. Each provision violated;
3. Any civil penalty imposed;
4. The corrective action, if any, necessary to comply with said
provisions;
5. A reasonable time for compliance according to provisions of this
section; and
6. That continued or subsequent vioiation may result in enforcement
action through a court of competent jurisdiction.
D. Foflowing a notice of violation, the administrator and person in violation
may develop a mutually agreeable compliance plan. The compliance plan
shall establish a reasonable and specific time frame for compliance. No
further action will be taken if the terms of the compliance plan are met. If
no campliance plan is established, enforcement of the violation will
proceed.
E. When calculating a reasonable time for compliance, the administrator shall
consider the following criteria:
1. The type and degree of violations cited in the notice;
2. The stated intent, if any, of a person responsible to take steps to
comply;
3. Procedural requirements for obtaining a permit to carry out
corrective action;
4. The complexity of corrective action, including seasonal
considerations, construction requirements, and the legal rights and
responsibilities of landlords and tenants; or
5. Any other circumstances beyond the control of the party
responsible.
F. If the administrator believes that the requirements of this section are not
being met, the administrator shall, in addition to the notice vf violation,
issue appficable stop work or emergency orders.
G. The notice of violation, stop work order, or emergency order shall be
served upon the owner and person(s) responsible for the violation by
personal service, registered maif, or certified mail with return receipt
requested, addressed ta the last known address of each such person. If
after a reasonable search and reasonable efforts are made ta obtain
service, the whereabouts of the person or persons is still unknawn, vr
service cannot be accomplished and the administrator makes an affidavit
to that effect, then service of the notice of violation may be made by:
1. Publication of the notice once each week for two consecutive
weeks in the official newspaper of the City;
2. Mailing a copy of the notice or order to each person named on the
notice or order by first class mail to the last knoavn address if any, if
known, or if unknown to the address of the property involved in the
proceeding; and
3. Mailing a copy to the taxpayer of record.
H. A copy of the notice or order shall be posted at a conspicuous pface on
the premises, unless posting the notice or order is not physically possible.
I. The administrator may mail or cause to be delivered to all residential and
nonresidential units on the premises, or to be posted at a conspicuous
pface on the premises, a notice which informs each recipient or resident
about any notice of violation, stop work order, or emergency order and the
applicable requirements and procedures. Notices issued in this manner
are sufficient for purposes of due process.
J. A notice of violation, a stop work order, or an emergency order may be
amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violatian.
K. If the scope of the notice is to be expanded or decreased, then a new
notice of violation, a stop work order, or an emergency order shall be
issued in order to expand or decrease the scope of the notice or order as
consistent with the intent of this section and new timelines may be
established pursuant to subsection (D) of this section.
L. Nothing in this chapter shall be deemed to limit or preclude any civil or
criminal action or proceeding available otherwise.
M. Nothing in this chapter shall be deemed to limit or preclude the
administrator from seeking the most appropriate course of action deemed
necessary in relationship to the severity of the violation.
1.16.050 Stop work arder, emergency, and abatement arders.
A. Stop Work Order. Whenever a continuing violation of this code will
materially impair the administrator's ability to secure compliance with this
code, or when any person is proceeding in defiance of permit
requirements, the administrator may issue a stop work order specifying
the violation and prohibiting any work or other activity at the site. The stop
work order sha11 be served on the person(s) responsible pursuant to
Section 1.16.040 YMC and shall be posted in a conspicuous place on the
premises, if posting is reasonable and practical. Failure to comply with a
stop work order shall constitute a violation of this chapter.
B. Emergency Order.
1. Whenever any use or activity in violation of the Codes to which the
enforcement provisions of this chapter apply threatens the health or
safety of occupants af the premises or any member of the public,
the administrator may issue an emergency order directing that the
use or activity be discontinued and the condition causing threat to
health and safety be corrected. The emergency order shall be
served on the person(s) responsible pursuant to Section 1.16.040
YMC, shall specify the time for compliance, and shall be posted in a
conspicuous place on the premises, if posting is physically
possible. Failure to comply with an emergency order shafl
constitute a violation of this chapter.
2. Any condition described in an emergency order which is not
corrected within the time specified in the order is a public nuisance.
The administrator is authorized to abate said nuisance summarily
by such means as the administrator finds reasonable. The cost of
such abatement shall be recovered from the owner or the person
responsibfe or both in anyr manner provided by law.
1.16.060 Penalties.
A. Civil Penalties. Any person violating or failing to comply with any of the
provisions of the Codes to which the enforcement provisions of this
chapter apply may be subject to a cumulative civil penalty of up to $250.Q0
per day for each active occurrence of violation.
B. Additional Penalties.
1. In addition to civil and crimina! penalties, the administrator may
seek injunctive relief to enjoin any acts or practices and abate any
nuisance or other condition which constitutes or will constitute a
violation of the Codes to which the enforcement provisions of this
chapter apply when civil penalties are inadequate to effect
compliance, or when otherwise appropriate. Owners of real or
personal property adversely affected by a violation of the Codes to
which the enforcement provisions of this chapter apply may also
seek injunctive relief.
2. The administrator may issue a stop work order pursuant to Section
1.16.050 YMC at any time during these proceedings.
3. The administrator may issue an emergency order pursuant to
Section 1.16.050 YMC at any time during these proceedings.
C. Appeal of the Issuance of Penalties. Within 30 days after the notice is
received, the person incurring a penalty under this section may appeal the
determination that a violation occurred or may request remission or
mitigation of the penalty.
Upon receipt of the application, the Hearing Examiner shall hold a closed
record hearing pursuant to Chapter 2.26 YMC. If the Examiner
determines that a vio{ation occurred, the penalty may be remitted or
mitigated for good cause, upon whatever terms the Examiner finds
acceptable.
D. Innocent Purchaser. No application for a building permit or other
development permit for any lot, tract, or parcel of land divided in violation
of Chapter 58.17 RCW or Title 16 YMC will be granted without prior
approval of the administrator. Approval will only be given if the applicant
demonstrates the foflowing:
1. The property will be connected to the City sanitary sewer system
and potable water system;
2. The City Development Review Engineer has certified that the
proposed lot, tract, or parcel of land is served with an adequately
designed means of access, and with adequate drainage facilities,
none of which interferes with existing or planned public or private
road and drainage facilities in the vicinity;
3. The proposed development will not adversely affect the safety or
health of adjacent property owners;
4. The Community Development Director has certified that the
proposed land divisian and development conform to the policies
and directives of the Camprehensive Plan; and
5. The applicant did not know, and could not have known by
exercising reasonable care in purchasing the land, that the lot,
tract, or parcel had been part of a larger lot, tract, or parcel divided
in violativn of state law or this code.
Section 2. Existing enforcement provisions repealed. The following sections of
the Yelm Municipal Code are hereby repealed.
Chapter 14.08 - Critical Areas and Resource Lands
14.08.080 (E) Penalties. Any person, party, firm, corporation, or other
legal entity convicted of violating any of the provisions of this chapter shall
be guilty of a misdemeanor. Each day or portian of a day during which a
violation of this chapter is committed or continued shall constitute a
separate offense. Any development carried out contrary to the pravisions
of this chapter shall constitute a public nuisance and may be enjoined as
provided by the statutes of the state of Washington. The city may levy civil
penalties against any person, party, firm, corporation, or other legal entity
for violation of any of the provisions of this chapter. The civil penalty shall
be assessed at a maximum rate of $250.00 dollars per day per violation.
Chapter 14.16 - Protection of Trees and Vegetation
14.16.150 Violation - Criminal penalties.
A. Any person who violates the provisions of this chapter or fails to
comply with any of the requirements shal! be guilty of a
misdemeanor and shall be punished by the statutes of the state for
the commission of a misdemeanor. Each day such violation
cantinues shall be considered a separate, distinct offense. The per-
day fine will be assessed as per the city's bail schedule. In cases
involving land clearing in violation of this chapter, the clearing of
any area up to the first acre shall be considered one offense, and
the clearing of each additiona! acre and of any additional fractional
portion that does not equal one more acre shall each be considered
a separate and distinct offense.
B. Any person who commits, participates in, assists or maintains such
violation may be found guilty of a separate offense and suffer the
penalties as set forth in subsection A of this section.
C. Upon determination that a violation af the provisions of this chapter
has occurred, the building official shall withhold issuance of building
permits for the affected property until corrective action is taken by
the responsible party. However, if mitigating circumstances exist
and reasonable commitments for corrective action are made, the
building official may issue building permits. Such corrective action
may include:
1. Restoration and replanting of surface vegetation with plant
material similar in character and extent as existed prior to
the unauthorized clearing;
2. Implementation of drainage and erosion control measures;
3. Replanting of trees equal in value to those lost through
unauthorized clearing.
Chapter 15.24 - Signs
15.24.260 Violation - Penalty.
A. Violation of the provisions of this code or failure to comply with any
of its requirements shall constitute a misdemeanor, and such
violation shall be punished as provided by the statutes of the state
of Washington for the commission of a misdemeanor. Each day
such vialation continues shall be considered a separate offense.
B. The erector, owner ar user of an unlawful sign or the owner of the
property on which an unlawful sign is located and maintains such
violation may each be found guilty of a separate offense and suffer
the penalties as provided for in subsection A af this section.
Chapter 16.52 - Subdivisions
16.52.010 Generally. Except as provided by RCW 58.17.205, any
persan, firm, corporation or association, or any agent of any person, firm,
corporation or association, who violates any provisions of this title relating
to the sale, offer for sale, lease or transfer of any Iot, tract or parce{ of
land, is guilty of a gross misdemeanor, and each sale, offer for sale, lease
or transfer of each separate lot, tract or parcel of land in viofation of any
provision of this title is a separate and distinct offense. Any other violation
of this title shall be considered a misdemeanor and shall be punishable as
provided by state law for the commission of a misdemeanor.
Title 17 - Zoning
17.81.010 Generally. The approval authority shall be the city
administrator or shall be designated by the city administrator and shall
administer and enforce this title. If the approval authority finds that any of
the provisions of this title are being vialated, he/she shall notify in writing
the person responsible for such violation, indicating the nature of the
violation and ordering the action necessary to correct it. He/she shall take
any action authorized by this title to insure compiiance with or to prevent
violation of its provisions.
Section 3. Severability. If any provisions of this Ordinance or its application to
any person or circumstance is held invalid, the remainder of the Ordinance or the
applicativn of the pravision to vther persons or circumstances is not affected.
Section 4. The Ordinance shall be in full force and effect and after its passage,
approval, and publication as provided by law.
PASSED by the City u cil of Yelm this 28t" day of August, 2007.
i
Ron Hardi , Mayor
ATTEST:
' ~
anine Schnepf, Ci lerk.
PUBLISHED: Nisqually Valley News, September 7, 2007
EFFECTIVE DATE: September 12, 2007