HomeMy WebLinkAbout2952 Uniform Code Administration and EnforcementOrdinance No. 2952
AN ORDINANCE OF THE CITY OF PORT TOWNSEND ADOPTING A
UNIFORM CODE ADMINISTRATION AND ENFORCEMENT
CHAPTER FOR VIOLATIONS OF ORDINANCES AND CODES
RELATING TO LAND USE; NUISANCE; BUSINESS LICENSE; PARKS;
STREETS AND SIDEWALKS; WATER, SEWER AND STORMWATER;
BUILDING CODE; CRITICAL AREAS ORDINANCE AND SHORELINE
MASTER PROGRAM AND ENGINEERING DESIGN STANDARDS,
PROVIDING PENALTIES AND REMEDIES FOR VIOLATION, AND
ADDING POLICY DIRECTION CONCERNING CODE ENFORCEMENT
WHEREAS, the City Council determines it appropriate to declare, in this Ordinance, its
policy that codes and ordinances need to be enforced to accomplish their regulatory goals, and if
not enforced, then those goals, and the ordinances and codes themselves, aze undermined and
denigrated; and
WHEREAS, the City Council determines it appropriate to declare, in this Ordinance, its
policy concerning code enforcement of land use, nuisance, business license and other ordinances,
generally as follows: that while warnings and voluntary compliance are desirable, enforcement
with civil penalties are appropriate in certain circumstances including: when a repeat violation
occurs (whether or not the same or a similar violation, and whether or not the violation occurred
on the project or site in question or occurred on another project or site); or when the director
finds the violation to be flagrant or severe; or when the violation creates a situation or condition
that cannot be corrected; or when the person knows or reasonably should have known that the
action is in violation of a City regulation, or when the person cannot be contacted or refuses to
communicate or cooperate with the City in promptly correcting the violation; or when the
violation involves a violation of the City's critical areas regulations (PTMC Ch. 19.05) or
shoreline management plan (adopted by Ordinance 2938), including any amendments, or damage
to a City right of way or property.
WHEREAS, the City Council determines it appropriate to provide for issuance of a civil
infraction as an additional tool for code enforcement, and make other changes as set forth in this
Ordinance
WHEREAS, the City Council determines it appropriate to provide for one chapter to
encompass enforcement of various codes.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. New Chapter. CHAPTER 1.20 OF THE PORT TOWNSEND
MUNICIPAL CODE -CODE ADMINISTRATION AND ENFORCEMENT is hereby adopted
as follows:
See attached Exhibit A.
Ordinance 2952
All references "PTMC Chapter 20.10" are changed to "Chapter 1.20." The Clerk is authorized to
change and re-number references to "PTMC 20.10" (and subordinate sections) to PTMC 1.20
(and subordinate sections).
SECTION 2. Repeal. CHAPTER 20.10 OF THE PORT TOWNSEND MUNICIPAL
CODE -LAND USE ADMINISTRATION AND ENFORCEMENT is hereby repealed(except
as set forth in this ordinance).
SECTION 3. Amendment. Sections of the following Chapters relating to violation and
enforcement are hereby amended to read as follows (text in strikeout is deleted, text in underline
is added):
See attached Exhibit B.
SECTION 4. Severability. If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the ordinance, or the application of the
provision to other persons or circumstances, is not affected.
SECTION 5. Savings Clause. The portions of ordinances and codes repealed or
amended by this ordinance shall remain in force and effect with respect to rights and duties
which are complete, penalties which were incurred, and proceedings which were begun before
the effective date of this ordinance.
Right and duties are complete if a violation of a one-time nature has occurred, or if a
person has violated the code prior to the effective date of this ordinance and the violation is not
of an on-going nature.
A proceeding has begun if the City has issued a formal notice and order of violation (but
not if the City has only issued a notice of violation, warning, or other informal notice).
A violation which is of an ongoing nature or occurrence (occurring before and after the
effective date of this ordinance) is subject to the provisions of this ordinance for the violation(s)
occurring after the effective date of this ordinance.
SECTION 6. Effective Dates. This ordinance shall take effect and be in force five days
after the date of its publication in the manner provided by law.
Adopted by the City Council of the City of Port Townsend, Washington, at a special
meeting thereof, held this thirty-first day M ch, 2008. 1 ~ A
-' V V 1
Michele Sandoval, ayor
Pamela Kolacy, MMC, City Cler
Ap d as to Form:
~ J _ '~~
John P. Watts, City Attorney
Ordinance 1952
Chapter 20.10
CODE ADMINISTRATION
AND ENFORCEMENT
Article I. General Provisions
20.10.001 Policy
20.01.005 Purpose
20.10.010 Authorization
20.10.020 Definitions.
20.10.025 Principles of Liability
20.10.030 Right of entry/site inspection.
20.10.040 Abatement proceedings -Authorized.
20.10.050 Additional relief.
20.10.055 Separate Violations
20.10.060 Criminal penalty.
20.10.065 Civil Infraction
20.10.075 Civil Assessment Schedule; Expenses and Costs; Double Permit Fees:
20.10.080 Stop work order.
20.10.090 Emergency order.
20.10.100 Public nuisance declared.
20.10.105 Complaint log
Article II. Notices and Orders to Coaect and/or Abate
20.10.110 Order to secure voluntary correction.
20.10.115 Civil penalties
20.10.117 Service -Notices and Orders, Stop Work Orders
20.10.120 Notice and order -Issuance.
20.10.130 Appeal to hearing examiner.
20.]0.140 Final order- Enforcement.
Article III. Suspension and
Revocation of Permits
20.10.145 Permit in Violation of Zoning Code.
20.10.150 Suspension -Cause.
20.10.160 Revocafion -Cause.
Article IV. Recovery of Civil Penalty and Cost of Abatement
20.10.170 Lien -Authorized.
20.10.180 Personal obligation -Authorized.
20.10.190 Lien -Foreclosure.
Article I. General Provisions
Ordinance 2952
Exhibit A
20.10.001 Policy
It is the general policy of the City of Port Townsend to emphasize code compliance by education
and prevention as a first step. This policy is designed to ensure code compliance and timely
action that is available to all persons and is uniform in its implementation. While warnings and
voluntary compliance are desirable as a first step, enforcement and civil penalties should be used,
consistent with the criteria set forth below, for remedial purposes as needed to assure and effect
code compliance. Abatement or remediation, including restoration of a situation to pre-activity
condition, is a primary goal in all cases and pursued when appropriate and feasible.
Abatement or remediation occurs where an owner subsequently brings the activity into code
compliance by obtaining required permits and completing work consistent with the permits
(however, the owner is still subject to other judicial or administrative remedies, including
penalties). There are situations where restoration of a situation to pre-activity condition will not
be feasible, for example, damage to or destruction of an older, larger, significant tree. In such
situations, remediation based on reasonable replacement criteria would apply (and, the owner is
still subject to other judicial or administrative remedies, including penalties).
Uniform and efficient procedures, with consistent application tailored by regulation, should be
used to accomplish this policy.
Without having attempted to secure voluntary compliance, or where voluntary compliance occurs
after a violation, the director shall consider issuing a notice and order with civil penalties and/or
a civil infraction with civil penalties under the following circumstances:
(1) When an emergency exists; or
(2) When a repeat violation occurs (whether or not the same or a similar violation, and
whether or not the violafion occurred on the project or site in question or occurred on another
project or site); or
(3) When the director finds the violation to be flagrant or severe; or where the actions have
compromised the City's ability to make reasonable determinations concerning the violation; or
(4) When the violation creates a situation or condition that cannot be corrected; or
(5) When the person knows or reasonably should have known that the action is in violation
of a City regulation. A currently or previously licensed professional, for example, contractor or
subcontractor, or person cunrently or previously involved in the building trades, is presumed to
have known that an action is in violation of a City regulation; or
(6) The person cannot be contacted or refuses to communicate or cooperate with the City in
promptly correcting the violation.
Ordinance 2952
Exhibit A
(7) When the violation involves a violation of the City's critical areas regulations (PTMC Ch.
19.05) or shoreline management plan (adopted by Ordinance 2938), including any amendments.
(8) When the violation involves damage to a City right of way or property. Damage includes
damage to vegetation or City improvements (for example, sidewalks, streets, utilities).
20.10.003 Applicability.
This Chapter applies to the following Ordinances and Codes, including amendments thereto:
1. Business License code (PTMC Ch. 5.08)
2. Administrative Provisions for Business and Occupation Taxes (PTMC 5.04B);
3. Health and Sanitation code (PTMC Title 6);
4. Nuisance code (PTMC Ch. 9.08);
5. Pazks code (PTMC Title 11);
6. Streets and sidewalks code (PTMC Title 12);
7. Water, Sewer, and Stormwater (PTMC Title 13);
8. Building and construction code (PTMC Title 16);
9. Zoning code (PTMC Title 17);
10. Subdivision code (PTMC Title 18)
11. Environmental protection code (PTMC Title 19).
12. Shoreline Master Plan (adopted by Ordinance 2938)
20.10.005. Purpose.
A. It is the express purpose of this chapter to provide for and to promote the health, safety, and
welfare of the general public, and not to create or otherwise establish or designate any particulaz
class or group of persons who will or should be especially protected or benefited by the terms of
this chapter.
B. Nothing contained in this chapter is intended to be, or shall be, construed to create a duty to
enforce this chapter or to form the basis for liability on the part of the City of Port Townsend or
its officers, employees, or agents, for any injury or damage resulting from the failure of any
person to comply with this chapter. No provision of this chapter is intended to impose any duty
upon the City or any of its officers or employees, which would subject them to damage in a civil
action.
20.10.010 Authorization
The directors aze authorized to use procedures of this chapter in order to enforce against
violations of any land use or other ordinance within their administrative jurisdiction. Such
procedures aze not exclusive but aze supplemental to the civil and/or criminal enforcement
provisions of applicable state or federal law. Further, nothing in this chapter shall be construed to
prevent the building official or fire chief from following the enforcement process and provisions
of the Intemational Building Code, the International Fire Code, or any other standazdized code
duly adopted by the city.
Ordinance 2952
Exhibit A
20.10.020 De£nitions.
For the purpose of this chapter, the words and phrases designed in this section shall be defined
as follows:
A. "Director" or "directors" means the Department Directors with authority to administer code
within their respective Departments, including, director(s) of the department of development
services, the department of public works, finance director, and police chief, and shall also include
any duly authorized representative of such director(s). The designee may also be refen•ed to as
"the inspector."
B. "Building official" means the person with the powers and duties set forth in the
International Building Code, or his or her designee. This official may also be referred to as "the
inspector."
C. "Land use ordinance" includes any existing or future ordinances of the city which regulate
the use and development of land, including but not limited to the following ordinances and
amendments thereto: the streets and sidewalks code (PTMC Title 12); the fire code (PTMC Title
15); the buildings and construction code (PTMC Title 16); the zoning code (PTMC Title 17); the
subdivision code (PTMC Title 18) as limited by PTMC 20.10.010(B); and the environmental
protection code (PTMC Title 19),and the shoreline management plan (adopted by Ordinance
2938).
D. "Permit" means any form of certificate, approval, registration, license or other written
permission given to any person to engage in any activity as required by law, ordinance or
regulation.
E. "Person" as used in this chapter, includes any owner, person, firm, organization,
corporation, company (including limited liability company) or partnership and their agents,
representatives or assigns, successors, and includes the person responsible for the code violation
and/or owner, lessor, tenant, or other person entitled to use and/or control of the property. (Ord.
2892 § 1, 2005; Ord. 2867 § 2, 2004; Ord. 2505 § 1, 1996).
F. "Repeat violation" means conduct that violated a land use ordinance by the same person (or
where the person was substantially involved with another person in previous conduct in violation
of a land use ordinance) within the preceding 5 years period. A repeat violation may but does not
need to involve the same project, condition, action, or omission as a previous violation. "Repeat
violation" also applies to conduct that violated an ordinance other than a land use ordinance, by
the same person (or where the person was substantially involved with another person in previous
conduct in violation of an ordinance) within the preceding 5 years period.
20.10.025. Principles of Liability
Principles of liability that are set forth in Chapter 9A.08 RCW, and adopted by PTMC 9.02.100 -
Principles of Liability, are adopted for and apply to this chapter as if set forth in full.
20.10.030 Right of Entry/Site Inspection.
A. Whenever necessary to make an inspection to enforce or determine compliance with the
provisions of any ordinance, or whenever a director has reasonable cause to believe that a
Ordinance 2952
ExhibitA
violation of any ordinance has been or is being committed, an inspector may enter any building,
structure, property or portion thereof at reasonable times to inspect the same.
B. If such building, structure, property or portion thereof is occupied, the inspector shall
present identification credentials, state the reasons for the inspection and request entry.
C. If such building, structure, property or portion thereof is unoccupied, the inspector shall first
make a reasonable effort to locate the owner or other persons having charge or control of the
building, structure, property or portion thereof and request entry. If the inspector is unable to
locate the owner or such other persons, or he or she has reason to believe that conditions therein
create an immediate and irreparable land use or safety hazard, he or she shall make entry.
D. It is unlawful for any owner or occupant or any other person having charge, care or control
of any building, structure, property or portion thereof to fail or neglect after proper request has
been given to permit prompt entry where the inspector has reason to believe that conditions
therein create an immediate and irreparable land use or safety hazard.
E. Unless entry is consented to by the owner or person in control of any building, structure,
property or portion thereof or conditions are believed to exist which create an immediate and
irreparable land use or safety hazard, the inspector, prior to entry, shall obtain a search warrant as
authorized by applicable law.
F. Any person submitting an application for any land use permit shall be deemed to have
consented to on-site inspection of their property for the purpose of assessing compliance with
city land use ordinances. (Ord. 2505 § 1, 1996).
20.10.040 Abatement, Remediation, and Restoration Proceedings -Authorized.
A. In addition to or as an alternative to any other judicial or administrative remedy provided
in this chapter or by law or other ordinance, a director is authorized to and should order a land
use or other ordinance violation to be abated, remediated and/or corrected or restored. A director
is authorized to and should order any person who creates or maintains a violation to commence
corrective work and to complete the work within such time as the director determines reasonable
under the circumstances. If the required corrective work is not commenced or completed within
the time specified, the director is authorized to and should proceed to abate the violation and
cause the work to be done.
In cases involving a violation of the City's critical azeas regulations (PTMC Ch. 19.05) or
shoreline management plan (adopted by Ordinance 2938), including any amendments, a director
shall order a violation to be abated, remediated and/or consected or restored. In cases involving a
violation of the City's critical areas regulations (PTMC Ch. 19.05) or shoreline management plan
(adopted by Ordinance 2938), including any amendments, a director is authorized to and shall
order any person who creates or maintains a violation to commence corrective work and to
complete the work within such time as the director determines reasonable under the
circumstances. In cases involving a violation of the City's critical azeas regulations (PTMC Ch.
19.05) or shoreline management plan (adopted by Ordinance 2938), including any amendments,
if the required corrective work is not commenced or completed within the time specified, the
director is authorized to and shall proceed to abate the violation and cause the work to be done.
5 Orddnance 2952
Exhibit A
B. Whenever any condition on or use of property causes or constitutes or reasonably appears
to cause or constitute an imminent or immediate danger to the health or safety of the public or a
significant portion thereof, or to the environment, the duector shall have the authority to
summarily and without prior notice abate the same. Notice of such abatement shall be given to
the person responsible for the violation as soon as reasonably possible after the abatement.
C. The City may seek a judicial abatement order from the Jefferson County Superior Court
to abate a condition which continues to be a violation where other methods of remedial action
have failed to produce compliance.
D. In any abatement action, the City shall be entitled to recover the costs and expenses of
such abatement, including those costs specified in PTMC 20.10.075. The obligation constitutes a
lien against the property, and is both a joint and/or sepazate obligation of the owner and/or any
person who is in violation.
20.10.050 Provisions not exclusive; Additional Relief.
The provisions of this chapter are not exclusive, and may be used cumulatively and in addition to
other enforcement provisions authorized by the Port Townsend Municipal Code except as
precluded by law.
The payment of a civil penalty pursuant to this chapter does not relieve a person of the duty to
correct or remediate the violation as ordered by a director.
Notwithstanding the existence or use of any other remedy, a director may seek legal or equitable
relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a
violation of any land use or other ordinance or rules and regulations adopted under such
ordinance when civil or criminal penalties are inadequate to effect compliance.
20.10.055 Separate Violations
Each and every day or portion thereof during which any violation is committed, continued,
allowed or not corrected shall be deemed a violation for purposes of this chapter.
20.10.060 Criminal penalty.
As an alternative to and in addition to any other judicial or administrative remedy provided in
this chapter, any person who willfully or knowingly violates or fails to comply with any stop
work order or emergency order, issued by a director pursuant to this chapter, is guilty of a
misdemeanor and upon conviction shall be punished by a fine of not more than $1,000 or by
imprisonment for not more than 180 days, or by both such fine and imprisonment. Each day such
violation or failure to comply continues shall be considered an additional misdemeanor offense.
(Ord. 2505 § 1, 1996).
20.10.065 Civil infraction.
Ordinance 29.12
Exhibit A
As an alternative to and in addition to any other judicial or administrative remedy provided in
this chapter, the applicable deparhnent director may issue a notice of civil infraction pursuant to
Chapter 7.80 RCW. Civil infractions aze not crimes. The provisions of Chapter 7.80 RCW,
including any amendments thereto, aze adopted by reference as and for a portion of the code of
the City as if set forth in full. "Enforcement officer" in Chapter 7.80 RCW is the director defined
in this Chapter, and also includes the Chief of Police (and shall also include any duly authorized
representative of such director or Chief of Police).
20.10.075 Penalties; Civil Assessment Schedule; Expenses and Costs; Double Permit Fees:
1. Civil Penalty. $250 for each day of violation
2. Criminal Penalty. $1,000 and/or 180 days in jail. See 20.10.060.
3. Expenses and costs.
Any person violating any provision of this chapter shall, in addition to the remedies, sanctions
and penalties provided herein, be liable for and shall promptly reimburse the city for any and all
expenses incurred by the city in attempting to obtain the violator's compliance with applicable
city regulations. Said expenses include, but are not limited to, administrative staff time,
photocopying chazges and vehicle mileage, expert, consultant, or contractor fees, equipment
rental charges, attorneys' fees, photocopying charges, legal costs, recording fees, filing fees,
mailing and postage chazges, and vehicle mileage. All City costs and expenses shall include a
20% city overhead fee.
a. Reimbursement rates for administrative staff time, photocopying chazges and
vehicle mileage shall be as established by internal city policy based on the staff person's salary
plus benefits, plus 20% city overhead fee.
b. Reimbursement rates for postage chazges, recording fees and filing expenses shall
be at actual cost, plus 20% city overhead fee.
c. Reimbursement rates for equipment rental and for any expert, consultant or
contractor, or attorney retained by the city to assist in compliance monitoring, site analysis,
abatement or other enforcement-related function shall be at the rate actually charged to the city
therefor, plus 20% city overhead fee.
4. Double Permit Fees -Work commencing before permit issuance. Any person who
commences work where a permit is required under a land use or other ordinance before obtaining
the necessary permit(s) shall be subject to payment of double the required permit fee. The
director may waive payment of the double permit fees if the director determines the factors set
forth in Section 20.10.001 do not apply.
5. Additional Penalty. In addition to the civil assessments and penalties set forth in this
section, violations may also be assessed penalties at an amount reasonably determined by a
director to be equivalent to
Ordinance 2952
FxhibitA
a) the economic benefit that the violator derives from the violation, as measured by
the greater of the resulfing increase in market value of the property or the value
received by the violator; and/or
b) savings of construcfion costs realized by the violator; and/or
c) reasonable value of property damaged.
6. Enhanced Penalty. In addition to other penalties and civil assessments set forth in this
section, additional daily penalties, according to the following schedule, may be added where
there is
(A) Public health or safety risk; emergency Plus $500.00 - $2,500 depending on severity
(B) Environmental damage (1) Plus $500.00 - $2,500 depending on severity
(C) Damage to property Plus $500.00 - $2,500 depending on severity
(D) History of similar violations (less than three) Plus $1,000
(E) History of similar violations (three or more) Plus $2,500
(F) Economic benefit to person responsible for violation Plus $1,000
(G) Flagrant or severe violation Plus $500 - $2,500 depending on severity
(H) When the violation causes a situation or condition
that cannot be corrected Plus $500 - $2,500 depending on severity
The above penalties may be offset by the following
credits for efforts to comply:
(A) Entering into a voluntary compliance agreement 25% of enhanced penalty
(B) Full compliance with voluntary compliance
agreement and no history of prior violations Plus 50% of enhanced penalty [Total of (A) and (B)
equals 75% of enhanced penalty]
(C) Full compliance with voluntary compliance
agreement and a history of prior violation Plus 25% of enhanced penalty [Total of (A) and (B)
equals 50% of enhanced penalty]
The enhanced penalties are further cumulative, for example: a violation which constitutes (B)
environmental damages and (E) history of similar violations may have added additional daily
penalties under both categories.
(1) Environmental damage means a violation of the City's critical areas regulations (PTMC Ch.
19.05) or shoreline management plan (adopted by Ordinance 2938), including any amendments;
and damage to vegetation within City rights of way and property.
8. Other.
A. Imposition or payment of a civil penalty pursuant to this chapter does not relieve a person of
the duty to correct or remediate the violation as ordered by a director. See PTMC 20.10.040-
Abatementproceedings.
B. In addition to any other penalty under this section, a director is authorized to suspend or
revoke any permits issued pursuant to any land use ordinance as further set forth in this chapter.
Ordinance 2952
Exhibit A
C. A civil assessment or penalty may be imposed and constitutes a separate penalty for each day
or portion of a day during which a violation occurs or exists. Civil penalties for violation of any
formal notice and order to correct the violation, stop work order, emergency order or any other
order issued by a director pursuant to this chapter (except an order to secure voluntary correction)
shall begin to accrue on the first day the order is served and shall cease on the day the violation is
actually stopped or the correction is completed, or arrangements are made for completion that are
satisfactory to the director (for example, if correction includes plantings, but planting should not
occur unfll later due to season).
20.10.080 Stop work order.
Notwithstanding any other provision of this chapter, whenever a continuing violation of any land
use or other ordinance will materially impair a director's ability to secure compliance with the
ordinance, when the continuing violation threatens the health or safety of the public, or when the
continuing violation threatens or harms the environment, the director shall issue a stop work
order specifying the violation and prohibiting any work or other activity at the site related to the
violation. If other work at the site can continue without interfering with the director's ability to
secure compliance and avoid threat to the health or safety of the public or threat or harm to the
envirorunent, the director need not stop work of the entire site where work is occurring in
accordance with City codes and regulations.
The order should be posted on the subject property or served on persons engaged in any work in
violation of this chapter, and a copy provided to the owner. The effect of such order shall be to
require the immediate cessation of such work or activity, unless and until authorized by the
director to proceed. In the event the director issues a stop work order, the voluntary correction
procedures of PTMC 20.10.110 and the formal notice and order provisions of PTMC 20.10.120
shall not apply. A failure to comply with a stop work order shall constitute a violation of this
chapter.
20.10.090 Emergency order.
Notwithstanding any other provision of this chapter, whenever any use or activity in violation of
any land use or other ordinance threatens the health and safety of the occupants of the premises
or property, any member of the public or the environment, a director shall issue an emergency
order directing that the use or activity be discontinued and the condition causing the threat to the
public health and safety or threat and harm to the environment be corrected. The emergency order
shall specify the time for compliance and shall be posted in a conspicuous place on the property,
if posting is physically possible. In the event the director issues an emergency order, the
voluntary correction procedures of PTMC 20.10.110 and the formal notice and order provisions
of PTMC 20.10.120 shall not apply. A failure to comply with an emergency order shall constitute
a violation of this chapter.
20.10.100 Public nuisance declared.
Ordinance 2952
Exhibit A
Pursuant to the authority granted in RCW 35.23.331 and 35.23.440(10) as well as any other
applicable statutory or constitutional provision, all violations of land use or other ordinances or
any failure to comply with a notice and order, stop work order or emergency order issued
pursuant to this chapter are determined to be detrimental to the public health, safety and welfare
and are declared public nuisances. All conditions which are determined by a director to be in
violation of any land use or other ordinance shall be subject to the provisions of this chapter and
shall be corrected by any reasonable and lawful means, as provided in this chapter.
20.10.105 Complaint Log.
Each Department Director responsible to administer the code shall create a log of code violations
within his or her administration, with the following information: Name; Location; Violation (or
alleged violation); Responsible Department; Outcome; Staff Comment or Explanation of
Outcome, and "Source of Complaint."
Article II. Notices and Orders to Correct and/or Abate
20.10.110 Order to secure voluntary correction.
A. Issuance. Whenever a director determines that a violation has occurred or is occurring, such
director may, if he or she deems it appropriate under the circumstances, and after considering the
factors in PTMC 20.10.001, pursue reasonable attempts to secure voluntary correction, failing
which he/she may order correction and pursue civil penalties pursuant to PTMC 20.10.120.
B. Content. The director shall include the following in the order to secure voluntary correction:
1. Location of property sufficient for identification of where the violation occurred or is
located, which identification may include, but is not limited to the street address, or a legal
description of real property.
2. A statement that the director has found the person to be in violation of a land use or other
ordinance, with a brief and concise description of the conditions found to be in violation and a
reference to the city regulation(s) which has been violated;
3. A statement setting forth the corrective action required to be taken and a date or time by
which correction is to be completed; provided, however, that in no event shall the time given for
voluntary correction of the violation be greater than 60 calendar days, except as provided in
subsection D of this section; and
4. A statement that if the violation is not corrected voluntarily within the time period stated,
civil enforcement action shall be taken against the violator, to include monetary civil penalties,
and/or abatement proceedings enforceable as a lien against the property and as a joint and
personal obligation of any person who is in violation, and/or such other enforcement action as
deemed appropriate by the director.
C. Service of Order. A director shall serve the order to voluntarily correct violation in the
manner allowed by PTMC 20.10.115.
D. Extension. Upon written request received prior to the correction date, a director may, for
good cause shown, grant an extension of the date set for correction for an amount of time as
deemed reasonable by the director. The director may only consider as good cause (1) substantial
10 Ordinance 2952
Exhibit A
completion of the necessary correction, or (2) unforeseeable circumstances not caused by the
person so as to make completion impossible by the date established.
E. The voluntary compliance order is optional with a director, and is not a prerequisite to using
the enforcement provisions described in this chapter.
20.10.115 Civil penalties -Schedules.
A. Any person who violates any land use ordinance or other ordirtances to which this chapter
is applicable, or rules or regulations adopted under such ordinance, or the conditions and/or
mitigation measures of any permit issued pursuant to such ordinance, rule or regulation, or the
conditions of any final SEPA determination (MDNS, or EIS) or who, by any act or omission
procures, aids or abets such violation shall be subject to civil penalties assessed by the director as
provided in this section.
1. Civil penalties may be directly assessed by a director by means of a formal notice and
order issued pursuant to this chapter or may be recovered by legal action filed in Jefferson
County superior court by the city attorney on behalf of the city of Port Townsend.
2. Civil penalties assessed by means of a formal notice and order shall be collected in
accordance with the lien, personal obligation and other procedures specified in this chapter. Civil
penalties assessed in a legal action in superior court shall be collected in the same manner as
judgments in civic actions.
3. Civil penalties shall be a cumulative penalty in the amount set forth in PTMC 20.10.075.
20.10.117 Service -Notices and Orders, Stop Work Orders
A. Service of a notice of violation or notice and order shall be made on a person responsible
for code violation by one or more of the following methods:
1. Personal service of a notice of violation or notice and order may be made on the person
identified by the City as being responsible for the code violation, or by leaving a copy of the
notice of violation or notice and order at the person's house of usual abode with a person of
suitable age and discretion who resides there;
2. Service directed to the landowner and/or occupant of the property may be made by
posting the notice of violation or notice and order in a conspicuous place on the property where
the violation occurred and concurrently mailing notice as provided for below, if a mailing
address is available;
3. Service by mail may be made for a notice of violation or a notice and order by mailing
two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the
person responsible for the code violation (a) at his or her last known address (for example, the
address of the applicant shown on a permit application), or (b) at the address of the violation, or
(c) at the address of the place of business of the person responsible for the code violation.
The taxpayer's address as shown on the tax records of Jefferson County shall be deemed
to be the proper address for the purpose of mailing such notice to the landowner of the property
11 Ordinance 2952
Exhibit A
where the violation occurred. Service by mail shall be presumed effective upon the third business
day following the day upon which the notice of violation or notice and order was placed in the
mail.
B. For notice and orders only, when the address of the person responsible for the code
violation cannot be reasonably determined, service maybe made by publication once in the
City's newspaper of record. Service by publication shall conform to the requirements of Civil
Rule 4 of the Rules for Superior Court.
C. Service of a stop work order on a person responsible for a code violation may be made by
posting the stop work order in a conspicuous place on the property where the violation occurred
or by serving the stop work order in any other manner permitted by this Chapter.
D. The failure of the City to make or attempt service on any person named in the notice of
violation, notice and order or stop work order shall not invalidate any proceedings as to any other
person duly served.
20.10.120 Notice and order -Issuance.
A. Whenever the voluntary correction process set forth in PTMC 20.10.110 is unsuccessful, or
a director believes that the violation will be most promptly and equitably terminated by an
immediate administrative notice and order proceeding (also referred to as a "formal notice and
order"), he or she shall issue a written notice and order directed either to the owner or operator of
the source of the violation, the person in possession of the property where the violation originates
or the person otherwise causing or responsible for the violation.
B. The formal notice and order shall contain:
1. Location of property sufficient for identification of where the violation occuned or is
located, which identification may include, but is not limited to the street address, or a legal
description of real property.
2. A statement that the director has found the person to be in violation of a land use or other
ordinance, with a brief and concise description of the conditions found to be in violation and a
reference to the city regulation(s) which has been violated;
3. A statement of the corrective action required to be taken. If the director has determined
that corrective work is required, the notice and order shall require that all required permits be
secured, that work physically be commenced and that the work be completed within such times
as the director determines are reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed on account of the
violation and, if applicable, the conditions on which assessment of such civil penalty is
contingent;
5. Statements advising that:
a. If any required work is not commenced or completed within the times specified, the
director will proceed to cause abatement of the violation and cause the work to be done and
charge the costs as a lien against the property and as a joint and sepazate personal obligation of
any person in violation;
12 Ordinance 2952
FxhibitA
b. If any assessed civil penalty is not paid, the directs will charge the amount of the
penalty as a lien against the property and as a joint and separate personal obligation of any person
in violation;
c. The notice and order may be appealed within 14 calendar days from the date of the
notice and order to the Port Townsend hearing examiner, pursuant to the provisions of Chapter
1.14 PTMC;
d. The appeal shall be accompanied by an appeal fee in an amount set forth in PTMC
20.09.050;
e. Any per-day civil penalty shall not accrue during the pendency of such administrative
appeal, unless the hearing examiner determines that the appeal is frivolous or intended solely to
delay compliance; and
£ A failure to file a timely and complete appeal will constitute a waiver of all rights to an
administrative appeal under city code.
C. Service of the notice and order shall be made upon all persons identified in the notice and
order in the manner allowed by PTMC 20.10.115.
20.10.130 Appeal to hearing examiner.
A. Appeal. A person to whom a formal notice and order or an abatement order is directed may
appeal such order by filing a written notice of appeal with the applicable department within 14
calendar days from the date of the notice and order to the hearing examiner pursuant to the
provisions of Chapter 1.14 PTMC.
B. Fee. The appeal shall be accompanied by an appeal fee in an amount set forth in PTMC
20.09.010.
C. Stay. Any per-day civil penalty shall not accrue during the pendency of such administrative
appeal unless the hearing examiner determines that the appeal is frivolous or intended solely to
cause delay. Enforcement of any formal notice and order or abatement order of a director issued
pursuant to this chapter shall be stayed during the pendency of any appeal under this chapter,
except when the director issues an emergency order and/or stop work order pursuant to PTMC
20.10.080 and 20.10.090.
D. Waiver. Failure to file a timely and complete appeal will constitute a waiver of all rights to
an administrative appeal under city code.
E. Administrative Conference -Supplemental Notice and Order. At any time prior to the
convening of an appeal hearing of a formal notice and order issued pursuant to PTMC 20.10.120,
an informal administrative conference may be conducted by a director for the purposes of
bringing communications between concerned parties and providing a forum for efficient
resolution of any violation. A duector may call a conference on his or her own initiative or in
response to a request from the appellant. As a result of information developed at the conference,
the director may affirm, modify or revoke the order. If the order is to be modified, a supplemental
notice and order shall be issued which shall be subject to the same procedures applicable to all
notices and orders contained in this chapter. The administrative conference is optional with a
director, and is not a prerequisite to utilization of any of the enforcement provisions described in
this chapter.
20.10.140 Final order -Enforcement.
13 Ordinance 2952
Exhibit A
If, after any order duly issued by a director has become final, the person to whom such order is
directed fails, neglects or refuses to obey such order, including refusal to pay a civil penalty
assessed under such order, the director may:
A. Institute any appropriate action to collect a civil penalty assessed under this chapter; and/or
B. Abate the land use or other violation using the procedures of this chapter; and/or
C. File in the Jefferson County auditor's office a certificate describing the property and the
violation and stating that the owner has been so notified; and/or
D. Pursue criminal penalties as set forth in PTMC 20.10.060; and/or
E. Pursue any other appropriate remedy at law or equity under this chapter.
Article III. Suspension and
Revocation of Permits
20.10.145 Permit in Violation of Zoning Code.
Any permit or license issued by the city which was. not in conformity with provisions of the
ordinance then in effect is null and void.
20.10.150 Suspension -Cause.
A. A director may temporarily suspend any permit issued under a land use or other ordinance,
and if in the Director's judgment is necessary to secure compliance and does not interfere with a
permit required to be issued as a matter of right, and withhold the issuance of additional permits
in connection with the property or related to the project which gave rise to the suspension, for:
1. Failure of the holder to comply with the requirements of any land use or other ordinance,
or rules or regulations adopted thereunder; or
2. Failure to comply with any order issued pursuant to this chapter; or
3. Failure to comply with the condifions and/or mitigation measures of any land use permit;
or.
4. The permit was issued in error or on the basis of materially incorrect information
supplied to the City; or
5. Permit fees, costs, or penalties were paid to the City by check and returned from a
fmancial institution marked insufficient funds or cancelled, or are otherwise unpaid and due and
owing.
In addition, for any of the reasons listed above, the Finance Director may temporarily
suspend the business license of a person. In the event of a license suspension under this Chapter,
the applicant or license holder shall be responsible to pay administrative reinstatement fees of
$100 prior to reinstatement of the business license and/or issuance of a new license to the
business (or successor business) of the person responsible for the code violation.
Upon correction and compliance as determined by the director, and payment of
reinstatement fees, the suspension or withholding of permit(s) would terminate.
14 Ordinance 29.12
Exhibit A
B. Such permit suspension shall be carried out through the notice and order provisions of this
chapter and shall be effective upon service of the notice and order upon the holder or operator.
The holder or operator may appeal the suspension as provided by PTMC 20.10.130.
C. Notwithstanding any other provision of this chapter, whenever a director finds that a
violation of any land use or other ordinance, or rules and regulations adopted thereunder, has
created immediate and irreparable hazard, he or she may, without service of a written notice and
order, immediately suspend and terminate operations under the permit.
20.10.160 Revocation -Cause.
A. A director may permanently revoke any permit issued by such director for:
1. Failure of the holder to comply with the requirements of any land use or other ordinance,
or rules or regulations promulgated thereunder; or
2. Failure of the holder to comply with any order issued pursuant to this chapter; or
3. Interference with a director in the performance of his/her duties; or
4. Discovery by a director that a permit was issued in error or on the basis of materially
incorrect information supplied to the city.
5. Permit fees, costs, penalties were paid to the City by check and returned from a financial
institution marked insufficient funds or cancelled, or aze otherwise unpaid and due and owing.
In addition, for any of the reasons listed above, the Finance Director may revoke the
business license of a person.
In the event of a license suspension under this Chapter, the applicant or license holder shall
be responsible to pay administrative reinstatement fees of $100 prior to reinstatement of the
business license and/or issuance of a new license to the business (or successor business) of the
person responsible for the code violation.
B. Such permit revocation shall be carried out through the notice and order provisions of this
chapter and shall be effective upon service of the notice and order upon the holder or operator.
The holder or operator may appeal such revocation as provided by PTMC 20.10.130.
C. A permit maybe suspended pending its revocation or a related hearing.
Article IV. Recovery of Civil Penalty and Cost of Abatement
20.10.170 Lien -Authorized.
The city of Port Townsend shall have a lien for any civil penalty imposed or for the cost of any
abatement work done pursuant to this chapter, or both, against the real property on which the
civil penalty was imposed or any of the abatement work was performed.
20.10.180 Personal obligafion -Authorized.
The civil penalty and the cost of abatement are also joint and sepazate personal obligations of
any person in violation. The city attorney onbehalf of the city of Port Townsend may collect the
civil penalty and abatement work costs by use of all appropriate legal remedies.
20.10.190 Lien -Foreclosure.
15 Ordinance 2952
Exhibit A
A. Filing. A director shall cause a claim for lien to be filed for record in the 3efferson County
auditor's office within 90 days from the date the civil penalty is due or within 90 days from the
date of completion of the abatement work performed pursuant to this chapter.
B. Contents. The claim of lien shall contain the following:
1. The authority for imposing a civil penalty or proceeding to abate the violation, or both;
2. A brief description of the civil penalty imposed or the abatement work done, or both,
including the violations charged and the duration thereof, including the time the work is
commenced and completed and the name of the persons or organizations performing the work;
3. A legal description of the property to be charged with the lien;
4. The name of the known or reputed owner, and, if not known, the fact shall be alleged;
and
5. The amount, including lawful and reasonable costs for which the lien is claimed.
C. Verification. A director or his/her authorized representative shall sign and verify the claim
by oath to the effect that the affiant believes the claim is just.
D. Amendment. The claim of lien may be amended in case of action brought to foreclose
same, by order of the court, insofar as the interests of third parties shall not be detrimentally
affected by amendment.
E. Foreclosure. The lien provided by this chapter may be foreclosed and enforced by a civil
action in a court having jurisdiction. All persons who have legally filed claims of liens against
the same property prior to commencement of the action shall be joined as parties, either plaintiff
or defendant.
16 Ordinance 2952
ExhibitA
Exhibit B
This shows changes as follows: It removes extended "code enforcement" language from
various PTMC chapters, and replaces it with ``reference language" to the new "uniform
code enforcement section."
This uniform code enforcement Chapter applies to the following Ordinances and Codes,
including amendments thereto
Changes from existing text are shown as follows (text in strikeout is deleted, text in
underline is added):
Chanter 5.04B -ADMINISTRATIVE PROCEDURES FOR BUSINESS AND
OCCUPATION TAXES
5.04B.220 Unlawful actions -Violation -Penalties.
A. It shall be unlawful for any person liable for fees under Chapter 5.04A PTMC or
this chapter relating to business and occupation tax:
1. To violate or fail to comply with any of the provisions of Chapter 5.04A PTMC
or this chapter relating to business and occupation tax or any lawful rule or regulation
adopted by the director;
2. To make any false statement on any license application or tax return;
3. To aid or abet any person in any attempt to evade payment of a license fee or tax;
4. To fail to appear or testify in response to a subpoena issued pursuant to applicable
law;.
5. To testify falsely in any investigation, audit, or proceeding conducted pursuant to
this chapter.
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A. Director's Authority. Whenever the Finance Director or his or her designee
("director") determines that a condition exists in violation of this chanter or any standard
required to be adhered to by this chapter, or in violation of anv Hermit issued hereunder,
he or she is authorized to enforce the provisions of this chanter.
Ordinance 2952
Exhibit B
B Chanter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incorporated standazds or of anv permit or license issued hereunder, are declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1 20 PTMC includin~v amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein• Provided, Suspension and Revocation in
Chapter 1 20 shall not apply and 5 04B 230 Suspension or revocation of business
registration shall apply.
Chapter 5.08 -BUSINESS LICENSES
5.08.240 Violations -Penalties.
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A. Director's Authority. Whenever the Finance Director or his or her designee
("director") determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chapter, or in violation of any permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B. Chapter 1.20 PTMC Applicable. All violations of any provision of this chapter or
incomorated standards, or of an~permit or license issued hereunder, are declared
nuisances and made subject to the administration and enforcement provisions of Chakter
1.20 PTMC, including anv amendments, and including but not limited to, abatement,
criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which aze
incomorated by reference as if set forth herein.
Ordinance 2951
Exhibit B
Title 6 -HEALTH AND SANITATION
6.04.020 Solid waste accumulation prohibited -Disposal of hazardous waste
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"director"1 determines that a condition exists in violation of this chapter or anv standard
reauired to be adhered to by this chanter or in violation of anv Hermit issued hereunder
he or she is authorized to enforce the nrovisions of this chapter.
D Chapter 1 20 PTMC Applicable All violations of any_provision of this chapter or
incorporated standards or of an~nermit or license issued hereunder, aze declazed
nuisances and made subject to the administration and enforcement nrovisions of Chanter
1 20 PTMC including anv amendments, and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which aze
incomorated by reference as if set forth herein.
6.04.030 Garbage -Containers -Placement at curbside -Sanitary condition -
Penalty.
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D. Director's Authority. Whenever the Public Works Director or his or her designee
(``director") determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chanter or in violation of anypermit issued hereunder
he or she is authorized to enforce the nrovisions of this chapter.
E Chanter 1 20 PTMC Applicable All violations of any provision of this chapter or
incorporated standards or of any Hermit or license issued hereunder are declared
nuisances and made subiect to the administration and enforcement nrovisions of Chapter
1.20 PTMC including anv amendments, and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chanter 1 20 PTMC which aze
incorporated by reference as if set forth herein.
Ordinance 2952
Exhibit B
6.04.040 Mandatory customer participation.
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D Director's Authority. Whenever the Public Works Director or his or her desi¢nee
f"director") determines that a condition exists in violation of this chapter or anv standard
required to be adhered to by this chapter or in violation of anv permit issued hereunder,
he or she is authorized to enforce the nrovisions of this chanter.
E Chanter 1 20 PTMC Applicable All violations of an~provision of this chapter or
incorporated standards or of anv nennit or license issued hereunder, are declazed
nuisances and made subiect to the administration and enforcement provisions of Chanter
1 20 PTMC including any amendments, and including but not limited to, abatement,
criminal nenalty and civil nenalty as set forth in Chapter 1 20 PTMC which aze
incorporated by reference as if set forth herein.
6.04.100 Maximum container size.
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B. Director's Authority. Whenever the Public Works Director or his or her desi~
("director") determines that a condition exists in violation of this chapter or any standazd
Ordinance 2952
Exhibit B
required to be adhered to by this chapter or in violation of anv Hermit issued hereunder
he or she is authorized to enforce the provisions of this chapter.
C Chanter 1 20 PTMC Anrolicable All violations of anv rorovision of this chapter or
incorporated standards or of anv roermit or license issued hereunder aze declazed
nuisances and made subLct to the administration and enforcement provisions of Chapter
1 20 PTMC includine anv amendments, and including but not limited to, abatement,
criminal roenalty and civil roenalty as set forth in Chapter 1.20 PTMC which are
incorporated by reference as if set forth herein.
Chapter 6.06 -LOW-INCOME, LOW-INCOME DISABLED AND LOW-
INCOME SENIOR CITIZEN SOLID WASTE COLLECTION RATE
REDUCTION PROGRAM
6.06.070 Unlawful acts designated -Penalty.
B. Recovery ,
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i~prasernnent. In addition, the city shall be entitled to recover the amount represented by
any reduced solid waste rates which was accepted, received or allowed to any person not
then eligible to receive the same, and the city solid waste contractor is authorized to add
the amounts entitled by the city to be recovered to subsequent solid waste bills of the
person responsible for the same. '^«a '+onn c , ~nn~. n«,1 ~c~n ,; z l oo~~
C. Director's Authority Whenever the Public Works Director or his or her designee
("director") determines that a condition exists in violation of this charoter or any standazd
required to be adhered to by this chanter, or in violation of anXpennit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
D. Chapter 1.20 PTMC Aroylicable. All violafions of anv provision of this chanter or
incorporated standards or of an~permit or license issued hereunder, aze declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1.20 PTMC, including any amendments, and including but not limited to, abatement,
criminal penalty, and civil penalty as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein.
Chapter 6.12 -UNLAWFUL DEPOSITING OF GARBAGE
6.12.030 Violation.
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A. Director's Authority. Whenever the Public Works Director or his or her designee
("director") determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chapter, or in violafion of any permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
5 Ordinance 2952
Exhibit B
B Chanter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incomorated standards or of an~permit or license issued hereunder, are declazed
nuisances and made subict to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC which aze
incorporated by reference as if set forth herein.
Chapter 6.20 -UNLAWFUL USE OF HARMFUL PACKAGING MATERIALS
6.20.050 Violafion, penalfies.
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A Director's Authority. Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chapter or any
standard reauired to be adhered to by this chapter, or in violation of any permit issued
hereunder he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of anyprovision of this chapter or
incorporated standazds or of an~permit or license issued hereunder, are declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and includine but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Chapter 6.24 -WASHINGTON CLEAN INDOOR AIR ACT ADOPTED
6.24.030 Penalty bail.
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A. Director's Authority. Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chapter or any
standard required to be adhered to b~this chapter, or in violation of any permit issued
hereunder he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of anyprovision of this chapter or
incomorated standazds or of any Hermit or license issued hereunder are declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1.20 PTMC, includine anv amendments, and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Title 9 -PEACE, MORALS AND SAFETY
Chapter 9.08 -NUISANCES
Ordinance 2952
Exhibit B
9.08.150 Violation a misdemeanor.
A Director's Authority Whenever the chief of police or his or her designee
("director") determines that a condition exists in violation of this chapter or any standazd
required to be adhered to by this chanter or in violation of any Hermit issued hereunder
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of any provision of this chanter or
incorporated standards or of an~permit or license issued hereunder are declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1 20 PTMC including any amendments and including but not limited to, abatement,
criminal genalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Chapter 12.04 -TRANSPORTATION AND RIGHTS-OF-WAY IMPROVEMENT
STANDARDS
Article IV. Liability, Violations and Appeals
12.04.210 Violations, enforcement and penalties.
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Ordinance 2952
Exhibit B
A Director's Authority Whenever the Public Works Director or his or her designee
("director") determines that a condition exists in violation of this chanter or anv standard
required to be adhered to by this chapter or in violation of anv permit issued hereunder,
he or she is authorized to enforce the provisions of this chanter.
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incoroorated standazds or of anv permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and includine but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which aze
incorporated by reference as if set forth herein.
Chapter 12.08 -RIGHT-OF-WAY CONDITIONS
12.08.040 Failure to remove or restore.
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A Director's Authority Whenever the Public Works Director or his or her designee
("director") determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chapter or in violation of any permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of any provision of this chapter or
incorporated standazds or of an~permit or license issued hereunder, are declazed
nuisances and made sub~ct to the administration and enforcement provisions of Chanter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which aze
incorporated by reference as if set forth herein.
12.08.060 Leaving streets in improper condition.
It shall further be deemed unlawful and a violation of this chapter for any person, firm
or corporation pursuant to any of the purposes hereinbefore mentioned to leave any streets
in an improper condition for travel.
n..a ~nn~z ioit~
A Director's Authority Whenever the Public Works Director or his or her designee
("director"1 determines that a condition exists in violation of this chapter or anv standard
required to be adhered to by this chapter, or in violation of anv permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
Ordinance 29.i2
Exhibit B
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chapter or
incorporated standards or of an~nermit or license issued hereunder are declared
nuisances and made subject to the administration and enforcement provisions of Chanter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Chapter 12.16 -HOUSE NUMBERING
12.16.070 Owner to number at owner's expense.
It shall be the duty of every person owning a building located within the district to
number the same at his/her own expense within 15 days after the taking effect of the
ordinance codified in this chapter in accordance with the provisions thereof, and it shall
be the duty of the public works department to notify the owner or owners of unnumbered
houses of the requirement of this chapter, and that unlesssuch houses be properly
numbered within 30 days after such notification, «''° ° °F °•~°''
Cl~2. .. 'ln 1!1 DTT.f/"~ !!1«A 1G'74 A [ 1nn'7. /l.A 414 R ^/ Snl'1\
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A. Director's Authority. Whenever the Public Works Director or his or her designee
("director"1 determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chanter, or in violation of anv permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chanter 1 20 PTMC Applicable All violations of an~provision of this chapter or
incorporated standards or of any permit or license issued hereunder aze declazed
nuisances and made subiect to the administration and enforcement provisions of Chapter
1.20 PTMC including anv amendments, and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Chapter -12.24 STREET AND PARK TREES
12.24.070 Violations and penalties -Enforcement.
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Ordinance 2952
Exhibit B
A Director's Authority Whenever the Public Works Director or his or her designee
j"director") determines that a condition exists in violation of this chanter or anv standard
required to be adhered to by this chapter or in violation of anv permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable. All violations of anv provision of this chapter or
incomorated standards or of an~perniit or license issued hereunder, are declazed
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC includitte anv amendments and including but not limited to, abatement,
criminal penalty and civil penalt~as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein.
Chapter 12.26 -STREET LATECOMER AGREEMENTS
12.26.160 Director's authority -Violations.
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A Director's Authority Whenever the Public Works Director or his or her designee
("director"1 determines that a condition exists in violation of this chapter or any standard
required to be adhered to by this chapter or in violation of any permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable. All violations of anv provision of this chapter or
incorporated standazds or of any permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including any amendments, and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein.
Chapter 13.01- PROCEDURES FOR UTILITY DEVELOPMENT
13.01.110 Administrative and judicial appeals.
A. Administrative Appeals. An administrative decision of the public works director to
issue or refuse to issue a permit, or to revoke or refuse to revoke a permit, or to deny a
waiver or variance, or to issue an emergency or stop work order may be appealed
pursuant to Chapter 1.14 PTMC except that appeals of enforcement decisions under
Chapter 2~0-1.20 PTMC shall be governed by that chapter. The appeal must be
accompanied by a filing fee in the amount set forth in Chapter 3.36 PTMC. Any such
decision of the public works director shall be final at the time made, unless appealed.
Chapter 13.02 -LOW-INCOME, LOW-INCOME DISABLED AND LOW-
INCOME SENIOR CITIZEN UTILITY CREDIT PROGRAM
10 Ordinance 2952
Exhibit B
13.02.070 Unlawful acts designated -Penalty.
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B Director's Authority Whenever the Finance Director or his or her designee
("director"Zdeterrnines that a condition exists in violation of this chanter or anv standard
required to be adhered to by this chapter or in violation of anv Hermit issued hereunder
he or she is authorized to enforce the provisions of this chanter.
C Chapter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incorporated standards or of anv Hermit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil ,penalty as set forth in Chapter 1.20 PTMC, which are
incamorated by reference as if set forth herein.
Chapter 13.04 -UTILITY LATECOMER AGREEMENTS
13.04.150 Director's authority -Violations.
i nm. n..a ~ c i c c i i nn~~
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A Director's Authority Whenever the Public Works Director or his or her designee
~"director"1 determines that a condition exists in violation of this chapter or any standard
re~c aired to be adhered to by this chapter or in violation of any permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of an~provision of this chapter or
incorporated standards or of an~permit or license issued hereunder are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
11 Ordinance 2952
Exhibit B
Chapter 13.11- WATER SERVICE -GENERAL PROVISIONS
13.11.070 Violations -Penalties -Chapter 20.10 PTMC applicable.
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A Director's Authority Whenever the Public Works Director or his or her desienee
("director"determines that a condition exists in violation of this chanter or any standard
required to be adhered to by this chanter or in violation of anypennit issued hereunder
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of anv nrovision of this chanter or
incorporated standards or of an~nermit or license issued hereunder, aze declazed
nuisances and made subiect to the administration and enforcement provisions of Chanter
1 20 PTMC including anv amendments and includingbut not limited to, abatement,
criminal penalty and civil nenalty as set forth in Chapter 1 20 PTMC which are
incoroorated by reference as if set forth herein.
Chapter 13.21
SEWER SYSTEM -GENERAL PROVISIONS
13.21.070 Violations -Penalties -Chapter 20.10 PTMC applicable.
12 Ordinance 2952
Exhibit B
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_A Director's Authority Whenever the Public Works Director or his or her desiertee
("director"Zdetennines that a condition exists in violation of this chanter or anv standazd
reouired to be adhered to by this chanter or in violation of anv permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chapter or
incornorated standards or of an~permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and includine but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which aze
incorporated by reference as if set forth herein.
Chapter 13.31
STORMWATER UTILITY SERVICE -GENERAL PROVISIONS
13.31.080 Violations -Penalties -Chapter 20.10 PTMC applicable.
13 Ordinance 2952
Exhibit B
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A Director's Authority Whenever the Public Works Director or his or her designee
("director") determines that a condition exists in violation of this chapter or anv standard
required to be adhered to by this chapter or in violation of an~permit issued hereunder,
he or she is authorized to enforce the provisions of this chapter
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chapter or
incorporated standards or of an~permit or license issued hereunder, are declazed
nuisances and made subject to the administration and enforcement provisions of Chapter
1 20 PTMC including an~amendments and includine but not limited to abatement
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC which are
incoroorated by reference as if set forth herein.
Chapter 16.04
BUILDING CODE
16.04.150 Violations and penalties
1. BuildinE Code- Chapter 16.04
16.04.150 Violations and penalties.
A. Director's Authority. Whenever the DSD director or his or her designee ("director")
determines that a condition exists in violation of this chapter or any standazd required to
be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is
authorized to enforce the provisions of this chapter.
14 Ordinance 2952
Exhibit B
B. Chapter 299 1.20 PTMC Applicable. All violations of any provision of this
chapter or incorporated standards, or of any pernut or license issued hereunder, are made
subject to the provisions of Chapter ~9 1.20 PTMC includin¢ but not limited to,
abatement criminal penalty and civil penalty which are incomorated by reference as if
set forth herein.
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Title 17 -ZONING
Chapter 17.46 -COMMERCIAL, MULTIFAMILY, COTTAGE HOUSING
DEVELOPMENTS, AND MIXED USE ARCHITECTURAL AND SITE DESIGN
REVIEW PROCESSES
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IS Ordinance 2952
Exhibit B
Bonn a ~in..l. ~~ ~nn~~
Chapter 17.94 ADMINISTRATION AND ENFORCEMENT
17.94.030 Enforcement and penalties.
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A Director's Authority Whenever the Development Services Director or his or her
desi~lee ("director") determines that a condition exists in violation of this chanter or any
standard required to be adhered to by this chapter or in violation of any permit issued
hereunder he or she is authorized to enforce the provisions of this chanter.
16 Ordinance 2952
Exhibit B
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chapter or
incorporated standards or of an~permit or license issued hereunder, are declared
nuisances and made subject to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which are
incomorated by reference as if set forth herein.
Title 18 -LAND DIVISION Chapter 18.04 -GENERAL PROVISIONS
18.04.070 Violation -Penalties.
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17 Ordinance 2952
Exhibit B
A Director's Authoritv Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chanter or anv
standazd required to be adhered to by this chapter or in violation of anv permit issued
hereunder he or she is authorized to enforce the provisions of this chanter.
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incorporated standards or of an~permit or license issued hereunder, are declazed
nuisances and made subject to the administration and enforcement provisions of Chanter
1 20 PTMC includin¢ anv amendments and including but not limited to, abatement,
criminal penalrY and civil penalty as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein.
TITLE 19 -ENVIRONMENTAL PROTECTION
Chapter 19.04 -STATE ENVIRONMENTAL POLICY ACTS
Article VIIL Fees, Violations, Penalfies and Severability
14.04.300 Violations and penalties.
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18 Ordinance 2952
Exhibit B
Inn n a ~cl~ C 1 lnnc n a ~z~n C 1 lnnz. n«a ~zc~ c o 1nnz~
A Director's Authority Whenever the Development Services Director or his or her
desierlee ("director"1 determines that a condition exists in violation of this chapter or anv
standard required to be adhered to by_this chapter or in violation of anv permit issued
hereunder he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of an~provision of this chapter or
incorporated standazds or of anv permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC includine anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which aze
incorporated by reference as if set forth herein.
Chapter 19.05 -CRITICAL AREAS
19.05.120 Violations and penalties.
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19 Ordinance 2952
Exhibit B
n«a ~ci~~~ toD~~
A Director's Authoritv Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chanter or anv
standard required to be adhered to by this chapter or in violation of anv permit issued
hereunder he or she is authorized to enforce the provisions of this chanter.
B Charoter 1 20 PTMC Applicable All violations of anv rorovision of this charoter or
incorporated standazds or of anv permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chanter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil roenalty as set forth in Chapter 1 20 PTMC which are
incorporated by reference as if set forth herein.
Chapter 19.06 -TREE CONSERVATION
19.06.240 Enforcement.
A Director's Authority Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this charoter or anv
standard reauired to be adhered to by this charoter or in violation of anv Hermit issued
hereunder he or she is authorized to enforce the provisions of this chanter.
B Chapter 1 20 PTMC Applicable All violations of anv provision of this chanter or
incorporated standazds or of anv permit or license issued hereunder aze declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC,- which are
incorporated by reference as if set forth herein.
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SHORELINE MASTER PROGRAM
12.2 Penalties
A. Director's Authoritv. Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chapter or anv
standard required to be adhered to by this chanter, or in violation of anv permit issued
hereunder he or she is authorized to enforce the provisions of this chapter.
B. Charoter 1.20 PTMC Applicable. All violations of anv provision of this chapter or
incorporated standards or of anv permit or license issued hereunder, are declared
nuisances and made subiect to the administration and enforcement provisions of Chapter
1 20 PTMC includinganv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC which are
incornorated by reference as if set forth herein.
20 Ordinance 2952
Exhibit B
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12.3 Violations -Subsequent Development and Building Permits
A Director's Authority Whenever the Development Services Director or his or her
designee ("director") determines that a condition exists in violation of this chanter or anv
standazd required to be adhered to by this chanter or in violation of anv Hermit issued
hereunder he or she is authorized to enforce the provisions of this chapter.
B Chapter 1 20 PTMC Applicable All violations of an~provision of this chanter or
1 20 PTMC including anv amendments and including but not limited to, abatement,
criminal penalty and civil penalty as set forth in Chapter 1.20 PTMC, which are
incorporated by reference as if set forth herein.
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CITY OF PORT TOWNSEND DEPARTMENT OF PUBLIC WORKS
ENGINEERING DESIGN STANDARDS MANUAL Apri11997
8. Construction
e. All work performed within the public rights-of--way or easements or as described in
these standards, whether by or for a private developer, by city forces, or by a city
contractor shall be done to the satisfaction of the Director and in accordance with the
WSDOT/APWA Standazd Specifications, any approved plans and these Standards.
Any revision to construction plans must be approved in writing, by the City
Engineer before being implemented. Failure to receive city approval can result in
removal or modification of construction at the contractor's or developer's expense to
bring it into conformance with approved plans, as well as civil penalties and other
enforcement remedies pursuant to Chapter 1.20 20:18 PTMC.
9. Inspection
21 Ordinance 2952
Exhibit B
d. Failure to comply with the provisions of these standards may result in stop work
orders, removal of work accomplished, non-acceptance of the work, or other penalties as
established by ~A~81.20 PTMC.
22 Ordinance 29.12
Exhibit B