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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. n ~l:..l..+: ,.« ,.r ., ,.r +1.,. « ,.r +>,:.. ,.1...«+o_ :~,lo«,o.,«.... n«., • + a r 1 r +t,: 1. + 1. ' °h d a • fi« ^t t^ °d pvFovii-vvir'vivccaaivFi~S-visapc°cr--iixo:f-o~pimi.. °c ..j .... ..., ....~......, S 1 nnn e«+ «,.++,. e veA .. « 1...+1, F.«e ..«A : o«+ De«.,i+:e n n«. ,.rte,..... ,.r ...,+:,.« :,.+e,i or ~.+;...,;.,.. _r.~ o «r r w 1, a w ~ + +,. a ec nnn + ., + +„ .,,.oe,l voZ~iuxiSn°cazT'azrixc-ir~r-c~cicoc°ca y~~v~or-fiia~niSonmcFcc iioc co c.~..w...'~...,°. j','...r, .'~.. 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. 7: L, ,7 :«Gn 1.. +1,,, n n«.n .,:+1,:« «n..n,.« . n ,..7 ,.f +,, .,n.. ,,.. n n rl,o ..~lt~ n« nl, n l laxcsxrvv~4 .___ no ' A ..« ..« n«A l.n «..«:nhnl,in ..«..« n ,.«..: n+:..« 1.., e n A«e :n ~.~,: n...., .,..+ 4.. ,..,nenA ecnn nn f i. + r « +n«« n , + a: vc° ... w.~ nn a ¢ ' '~ as 0r o " r.~• w v.w,r,.... oal, ~ =e w,:d y~vv-ova-v ~ A ' pvimxcnczvr-a-ccrn rv'-irixPii ~ 1 «nl+:on . A l.:n ..l,n.,+n« « cca riav~c`i . 1... n„nnn+ ~~o a.a .j ~ nA ..:1 ., nti,.« ~ T ...,.rt ~£ ' A: n+:,.« Tl, ,,:+.. .« nl n.. nnL «n+;..n «n1:eF : ...,.rt +~ nn+.n:« n D +.. ,.1n+:..«n ,.C+l,e ..«....: n;..«n n n « 1...:«,. nl,n n.l . ,:+L, « «e« P+l,:n nl, n..+o« n ,.1 n+:.. + « l,n n:+,, nl,..ll .. .n;l , ,..:+ro., .,.,r:..n ~F +l+e nll n..nA y,~ ~ g ..: ,.lnti..« +.. A,n «..«n..« n++l,n > nAA«nnn nT,...,.. , .... ~1.,. l:,.e«. .o n• .. +L,n «e«nn« F.. ,. An..n + ,. n..«n +1.,..,:,,lnd..« TT«,.« C :1 ..«n +,, n...n n n:4nr:.,,»z o ,..,,..l n:.,+ ..,n..:nn..e in«a ~n~n ~ 1 looc~ 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 ¢xxraaoix avcsa v~p w.,o,iuv,v ..~ ... ... ........ .. ....,. ».,._ .~.->~.. ~ .._ "~ __t.__...,________ __ ____ T D 1,1' TT ' A /7 1 - F 1,' A A L. ~~~: «.,e«t..l to > ' > 7 Bonn C 1 n' 1 1, ..~ 1:.,,:., .7 .n a,. ..l,.,t e«,e«s .,«.I : « «J~ ..f::ra «..1:,.F /n«. t > i'zo c ~ loom ~nn~. n a ~c~n c ~ inm. n..a ~ ~~i c ~ lo on. n..a i C D'irector'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 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. a 'rw i F w F• «F.,.,,«:,.« ..t,,.ii ~.,... ,:i F:«e «,.. a,, e ,.,.a ecn nn Q i nn nn wT F • ~. w,.n t,,... «a .. ,.,..va „„a,.«..,...,:.w .~.,. ~ a c ...w :« D•rn,rn o nn n i n .t,..,...,.w a nn non /n,.a ~Qnn ~ i nom. n..a ~c~n a ~ inm. n..a n~~i a ~ loon. n.n t iz4 c ~ ton 2L , ~ ~ ~i• 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. F «n+;. . F:. ... n«+.,o«nl.' 1. 1, + t 1, 1, ..... .. C +1.: o. .a:,. ..l,..i l nti ...+o .:1 .. ~-nn+:.. L`n. .l. ,1 F 1 nt.n ll n+:+..+ e n+e : ~ fi..~..f:. ~.i2 1.,. ..1 +.. F.. +1..+ F. « ..+ F« t- 11 1, '1 C .7 Gcn n n Tl .,. .,1+ ., f ..~ z 1. 1 l.nll i,n n ,:1 ~„ ~ ..+ +,. ,. , .,. a e 1 n n nn TT,. +:,.,... ,.r :..~.n,.+:,,. ,n K >, 11 1 , a ,...+ va ,. «a n., ,,e ..n+w + 1.. . ... ,.,.a..« ,.~ . ...+ r «+1. .., nTl.n r o n ~ ' J r > e F '1 ' J Y 1 e 1, > Y .. e ~ ...1:... .1.1,. Y. ... ..F al ,:n ..1 ,~«+ ,.« ... 1,,. l,..n t.n,l r ~ r ~ r + i. 1. In+:,. ..n nl.nll l.e .:1+. . ,.F n :a Ao...e f n.,..n n,.l ,: e..+ +,. A«o « ..+ .1 ' N 7 1 nnn .7 a ~ .7' On .1 1. ,.+1. .. .,.1. F...., ... ..] °~ b .. x «4 1r....L. An. ,. Y F « ........... ...1:... ...o . ..: R. „ n ~ ... .1:....1 .1..... « ~ ..F +L.:...d.....+ ..« 1, Il J Ft :... Y in,.,l ~vn ./ n c 1 ~n rr m . n«a r n~~ c >; ~ ln a4._n«a _~G ~ >; ~ ln o~.n «a T11 c n loo n. n«a 1^11 ^/ F 1 lD~c. n« a 11 QQ a n l oom x x , . ~~. 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. R D _7 Tl, F '1 ,.F ..... « +... n +.,«.. n«A n e ,.F ,.....+~:.,o«n .. :«od_L.-,~z +1.' 1. ..+..« G « .. «1. «eF,.nn n...l /,.« «..1.1,: n1. ..:..1~.,.. ..1..,11 l.o .. ..,:1 :..£ oa+:.... L'^^7+ n ,1.,. ..C ..:..1..+:..« ..1...11 .. «..+:+..+e n «n+e :v.Fv..aM:..., Tl.o .~ «., 1+.. F «+t.,. F. «..a .. ne«n A. 1. 11 1, '1 ~ ..A @Cn.oo. Tii° xslci' xai ¢ ........::'1 .,. ____ .-___ _. ~ __.- --_ ___. -- -______ v-- c Loc x .. ..t... ,.. ... ..ln+:,. nl.nll l,e :1 F...o ..+ +.. a ,..] N1 nn 11t1 TTvtlv.u of 1r:~'i+vt: :++ ,.1_____ ______ __ 1. Il 1... ,. a n..+e.l ,.«.1 n....,. ..,:+L +l,e .. ..e.7..«en ~o+ F .rtl. ... DTT nr e nn nln +1.«,. ..1, v nn nnn in«a Bonn c 1 nom. n«a ~~~n c ~ lDO~. n«a ~~~1~~ • e > e > r loon. n«a 1'1^11 c 1 lDCI. n«a 111Q a 11 room x x 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 , r a Q 1 nnn « 1,.. .., .,, nn a,,. „ .,:1 .. w., 1.,..t, .,.1, t:.,o „„a > , 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. Tl,e ,.«.1: « ..............1:fiva :«. tl..:~ ..L,....Fe« : ,..,.,.le f « •l,e ..«..~e,.ti.... ,.F 11.o 1,0111. .o1F . , ....... .,.,,1 ..,,..w,. ,.C •L,,, « ..:.]„«~.. ,.C •1,,, .,: a, ..C D...w T,......,..,,.,,1 .,...] .n..l.,ti..«. L.o«o..F ..1.11 e , 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. TL,' L, .7 F «lT,n nlnnl:n nF lT,n l,nnllL. o1F .. .7 1 F L 'a F 1, ~'+- .7 nlnl: 1.....~~l.nll ~r;r„ro ~.ln Je n , 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. TT 1. F ..:1 :.,~...nl: n., ..nl:.... ... .,.,! !n ll,n n nr rl,o .. ..n1T.. l.n:l !n t.n Y ~ r~ ~ ,.: C...A 1... 11... n«f «nn...,o«4 nFF:nn« n., k1.o n ,:1 :..Gn..l: ,.« «,.l;.,o ..1.,.11 l,n :« ll,n n ...! F Q`Cn nn. raffia L,,....n-,..- li...r l1.,. nn...rt n..l1...«: -,o.l !.. n «..1l., lT.n F,.11 ...l,. ,.,.l,.1.l;..l.n.71..,ll,o nn. in«a ~~zn s; z 1onT>L 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. i4 Director's t~atheri }'w _+,.« nn In n'r~Rr ,.,r..ae n....l:,.,,uo •rt,o ,.1.1:,....,.a... YY Y ,1• 1. .7 F 1.,... ..F +1.:.. +:+1 .. A 11 ..1,.+:....~ ..f }1.:.. }:}1,. ,. r« ., L' 11 1, ,.F l~1,....+,.« nn 1 n DTA ~!'~ ...] N,o .7:,.0.,+.•« : ....+1.,.«..e.7 J Y r l~Qer~he~reeedures e€ El~sPter 20 19 Ia'£~~4E •.,1.:,.,. ~ ..:a~° F ~ ° "'' _______ _._ a..' _ R i ,,' C n«,7..«~ De«.1:«.. .. a e«+ „«.7 .. ..lo+;..., ..f }t,,, . , ~ o .1/ ,.+: ,... ,...,] ,.«.1 e« ..,.,1..«e.. ,.F /"~1.,,«}e« nn In DTT.r(` }1.~ .1:«0, ,] 1. .,' +,. .. ..+:,. ..F ,. , ,.ti.,:+. ..'+}.e . ..1.,+:.,o .. ...1:} : ..... ........+: ,. ~~ ~ ~a c .. ~ 1. FF a ,•7~Ti 6n«PP°~ «.1 e.i 1. ~ +1.:.. ,. ~ ..r1. l~r s r ~ - L. T« ...7.1:ti,... +,. +l..e ..«C «,........e«+.. ..r al.:....1,....+o..~+l,e ,. «.1:+: ,.....« y r«~ r i\ D L1' TAT ~A~1 1 F 1.' '+1,. ..,] ..+.....,7..«.7.. a ,..7 +L.o..ol.., ~~ ,1 ,1 ,. .1 1 1. 1.1'.. 1.,...1+L. ,,..C a., ..«.i . ,..1C «.. ..«,] .. ..,,1.1:.. r ~ A 11 .1' L.' L, .1 .,...1 L,., +l.e .1:«e..}.... }.. L.o ..1 ~+; ..« ..F +1.:.. }' 1 .7 .] .7 1.,.«,.L. ,.,...11 l.e ~..1.:,.,.++,. +i,e ..r },,:.. L:+le ..«.] ..i.,,ll ,. ,1 ,.. j «..l.l .. ..«,] 1.....Fi.l «.e ..:.lo., :.. ('1...«+,.« nn 1 n DTT.T!` ~ ~~' e , r r /n«a norm c 1 nnnc. n«a nc~o t; , 1 nn~\ > rr 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. TF~~~ C 1, F '1 nf.. n fT, 1 + nF. rvf~+:« fT,n .7n+n ~i~ n9 ~ a -T, c T, ni, ~n ~n v~rnnn in,.a ~c~e ~ ~ inner. n-a i ie c ~ iQOc .wr ---- ~----• ,, ---- -- ~-, - v,......,,._i., i ~ n4 nzm 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\ vx-c mpcva-co:a-~. xxrxv.~.~.... ~...., 3.., _,, ., ..__. ..'..~ e'___~.. 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. A T6 L,1:.....,...L.. A:..°..t,.« .... 1,:.. ,. - .. L°~ A°..:....° - - ° !«n:..°., }..«"1 :.. °. dL,... •:~oA }.. o«~ .«,.,. n~xcTiat «t, vixc-vavraso¢rcocvr-or rlrav °.. A 11 ..C «1.;.. „1,..«} a noi c~o~~ °7°ti°~° °F l .. ~ ....,. l,:.. ..1,,,.. .,. ~ .., »» ..... !°.. .. .,,°n° ................... ~.. °..1~: a.,} !.. «L.,. [32C Y.v ,.wv .,c _,.°..,°..} _ .s v. u.... v....t. r . ~. .,a ....1«:,... . ~...~..~~.. ..~ ~ ..F !'1,°..+°. ~-.. ~j. . ~n 7n ~ ~ DT7.nn ..a .. ~~J l2.,. a:..°°.,... . k R F~ t ~ 'ZO~ DT,.~~ }l. ° a:,.°,.!° _ », ,..a°. }ao erx -oi er~ s~ ~ er~ ~ ' ' 1 .7 «1. uxcmcccZV-Za FF l...1 1... ,. ~ ~ .7 ~pci:fon~a)-vax5ug°ca-m'oP 1.} F..««°°1 °FC _a°n '6Rii$i'ixS°oca~c° 1,., l1.:° 1,..« 1, n ti xc coixaiia !° !l1...7 °~ C 1, .7 oxx. vucz~ ora 74'2'7 R 1!L'. °L,~11 °t L.e °cr ., .... ,1. f' R 1\. /~«,7 aacetco-i,7 ~TTi6ncviu~a-crr-~xorooc rcTcarrvizup r c ~.... .. s ., ~._.. ...... J .~, .~.... ~c~4 ~ ~ l n n'7. n..n ~cn4 ~ n l oo~~ 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. ~..,.., u....,.~~ .... ... ...... ... ..r.__, __ Y 1 t' r 1, .] e~ F «tl. :.. l~1,,,..to« 7!1 1 fl DTI. n~' ~ /1«.7 '1 G'7Q C O_ I~n~. n«,~ ~ cnQ ~ I IOnL\ • > 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. > ~, ~nnn a ~ innc. n..a ~t in ~ ~ inoo~ =~T 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~~ > > 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. • e nn ti • 4 l,nll ' >,~ .. : ' ,.l.na t,., n c.«o ..F «,.r e 41.n« l n ,... `.. ~ Y ~ r n 7 ~ 1 1 7 7 l £ nl+ 4 L' 4 F rl.n« . ... 1 Q J ... . ~ ... ,. J ..u «. .4 . n ,n u« n ^ !`1. 1n 1n DTa rt!'~ A1 4n««n4:., e Do «, n.i.._ I:. ~.l.i' 1 Y 14. 'A A ' ..L A ,.F 4L.:.. ..,..,4: ~ ..« .,1~ : « F :1 :«.. 4,. n «1., J Y 1, F 1, F4L.: n4.. ...le nl.. n.ie .1.:on44,. 41,,. .: 1 «~ «4 L F nl. 1n In DTA .{(. Tl. e .1: « ..,.4,.« ; n..41,..«:.an.l 4a_««rl e« . . .,n4:..« n«.7 a• F 1 .:. ,l:r:,. ,.r 41... « nF 4t+:~ ire ,.a, «a,.«41.u ' i e ~ ~ e (~ Tl,' ~ 1, 11 1` a 7' '4 qtr: r l.e ..41...«:4 .. ..~n « . l ~ l l : F a i T irt 4 l 7 F b 4.. : r:..n J b ... re «, Y ~ r«~ « n ..4 n« «~ . «, e .. «, .,.. Tl D 1.1' 'AT > a Ail 1 F rl, ' 1 .. .7 rn«,7..«.7n « .o .i 41.,,«n~ n«~ - .7 .1 7, a 1 4 1, Ll' 1. irl , F h .] 7F ~ «.7 «..l.l:n ' ' ' r ~ F l : 1 i r' 1 A 11 .] .7 1, 1, ,] ...7 l,e el .1..4. .. ..h..ll .....,: 1.,. . «e.7 1.. .1,: u..4 4 41. e. ,7:«e,.r,.« 4n 1,n ; n 41,n ,.~oF rl,.n ..« ,. 4 n nr , $ 4:41, «,7 nl.nll 1, a L,. a «..1.1,. e n«,7 1..... x.1 « . e .r;aoa :. nl......o« « 7n to DTT A!` J J a r Y m«a ~c~n c 1 1 no~~ 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 n ~r 1 mA• - - ^ :.+:«.. „ ,.r r «..0 1;~+^a :« rl,..«re « n m it 1 DTTA!' 1 . 1, ~ a 4 F . r rtl, ' , ,,..,,.~. t,......,._ _. _.., ..__ ___ -_ ___ --- r __ _ > 1 L 11 L :..l r~ .va L ...., C«e F 1 , C1 nnn + ~ O n a T F h rL a li 1, F 1. 1 ...,,. « ,., .. , ~ y 'r ;ma --e€- au Ehapter ~ 9 18 1~T~11E y ~ € Eh d ~9 t i9 P"1'~4E .,,. :^,, .,:a e F ,..,~ 1~~4 ~ ~ e~~es~ ~es-e e~ ap > > 1 a « ae «a F '1 1 ('' T Jk 1 F 1. ..1... ..+:.. n . ..) R „F +1,: ..+;.. + L.,.. .:+.. c i- L F +: l ,...., - ^ F ; F .. 1,..;1 a:« .. «e«..,:r F « , . 1 l- b .... . a « «. + .e .e .. c ~ SBW~ 1'1 Tl ' 1 1 1 - 1 a 1' '+ ,. ,.,.r«:. .r +1.,. ....+t, ..«:k. ..F .. 1...., . , _ - a T~ D 1.1' T > i a n 11 1 F 1, ' 1 a a a a +1,,.«,. 1... r F 1 l : : a 1 11 t 1 a a i, 1, 1, 11 1... . .1,: . .4 4,. 41,e ,. + e « , .. 4 k .. ... e ' m«a ~c~o c 1 l oo~~ _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 n [T' t rT ,7 n ..Ff -. 1: ..«e,7 /'t.,, «.. t~}S O !77 DT1\ R!` 1_ 1 1 1, 1, . ] ~ r • C wl. :.. ! "1...««e« D A ~ 1 D (`\I7 ,.t ..e A «.. re Y ..,1.,. Y e ~ , ^- ^ __ - - __ _ 1 F '1 •,. «.«l .. ,., ..,ti.... e.. i, ..l.~ll l.o ,. ~:.1 a-v a ,..7 .1:ti,.....1 Y J J Y ens ' ~a hapter 291 0 g' £1~4f T ,.,. ,t:_e,.. t. ,, a a '' 1. d F E1 te 29 19 PTr~~ ..'- .~'' .ae F _ s~xr> ~e~ ueeT 3aP ~ ' e /' TI..' 1, 1 1 1, 4.. 1' L 1, 'k C 1..... ' - b t' 1.1 1 J 1 . a . F .1 e,. ,.l 1,...~ !ll .~t 't G^1 (1 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. D r'k 1n to 1 1n DTTA/' A««l:nnl.l.. All ..1 ~!'~«.. ,.F .. ..F +t.:n rr > > , F /~t, 7n 1n 1 7n DTAAl~ Tl... .7:«nn4.... n..+l.. n,.:..,..] r.. ..«,ln« -,] ,7' F 1..4:..n n «,l:r:,.« ,.F rt.e « ..F +L.:n nl,n..4u« J -p~~e~es--e€-c-l~te>~e ~e ~ ~e laT~~4E >,:nl. ,:an r « .,.,..,,+~.~. b J n ~ n aer t6 ''ease ~~' 1 II R, .nl, ..«,1:+:n« F ..«.1 ..o.,.l:.... Y n _ > 1, 1 A' 1, ..4:nn : ,..:4:«.. n .oA '1 A L «/n\ b J a• + +• r .. +l,n ,.inti. e .,a;r;o~c, ,.1. «an nl.nll ,.4 T D. l.l' Ai -y All 1 F L' 1, +.... n«.1 ..+..«.ln«.]n «e.7 LL.n«ot.., n n Y ,1 ,] 1. ,l 1 1. 1.1:,, l..nnl+l. nnF 4., .,.1 .:o1C «e ~«.7 n n ..t.t:,. Y ~~ A 11 -.]' l-' 1, aj a t. , +l.e .1:«e..+..« +.. 1.,.: ..1 nr:..., ..F i1~iL t- .1 .7 ,1 1, i.. nt.nll l... ..l.:en+r.. rl.o ..F41n: ..l..n«+n «,1 r i e DTI T A 1 - D A' A 1 +:.. . +,. „+6e« .,A:.. nl nA ~ n4«n4:. ,] '.1 ,] ' 1,' 1, .. 1... 1.... ,. ,.+ l.n« ..«.i: .,~ 1, 'ilk 11 J Y r ~ e J C k ~ 20 18 1 2A PTA 4 C ,:1 ~ r n :"a~ g~t to - agte e ~ , __ F '1 , +•«..~ nl.nll L~ n n :.7e«o.l o..~d~l:+:...,.., ...: n.ln«.....«,.« FF ,. m«a mom >; 1 ~n e nc. n«a ncln c ~ l e . ~o~~ "J• Title 17 -ZONING Chapter 17.46 -COMMERCIAL, MULTIFAMILY, COTTAGE HOUSING DEVELOPMENTS, AND MIXED USE ARCHITECTURAL AND SITE DESIGN REVIEW PROCESSES Tl.' 1. ,] .7 :« ~.«tl...«., «,.o ,.F 41.e D...+ T,........0«,7 ..:+..., n:l ).. «..+1,..«:4., Y Y ,] '1.'1' 1 +.. In«.] .,:+1.:« rl.o ..: r.. ~«.7 +.. n,l. ~ ,. «.] ««..+....4 +l.n Y J b e IS Ordinance 2952 Exhibit B Bonn a ~in..l. ~~ ~nn~~ Chapter 17.94 ADMINISTRATION AND ENFORCEMENT 17.94.030 Enforcement and penalties. i hi h d i "dire stsr" det°~ ~ `''°' ~ .`':''" "« " ",°':" "` es g er s a er e nee-f , __ D t'k 1n In DTT n !' A««1: ~..l.le All. . .1 ,.ti. .«.. ..F n..a. .. C al.:.. f:He .. y rr F c i o '29 PT~ l n i4~ `'`', ,1' ,. ,1 ,1 ,.,..:,. .,a gr<„-:a~exx~-o i' ~k~ ter~ rv _- - > > E ^ aer to Ee ase V ielatien « ~ a ~ P D, i.l' Ai A il 1 F L.' 1 . 1 f .1 «,1.. « «e.7 •1...«et.., .. e 1_ ,] - - 1 1. Ll' 1, 1 1, .. F a., «.i e1F « ...1- . 1.1: ~ r F ti+1 ] 1 : 1 11 4' 1 -.1 ,] . 1 L, 1. 1.,.11 l.o ....1 .: v..~ ~.. •L. • e .. .. ....«. .. . .. ... -- /'1. 7n 1 n DTAn!` : .:1~., ..C . .....:.. .ie«. e „«..« «.1 .. y..« :..~:..« ..1...1 1 t.e • r e n«a ~cm a ~ lnm ~ 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. > , J e > r _•_'________ __~ .-___ _„_ 1, «e,.F ..1...111, ' e J el nnn + ' '1 F «e.......,.+ ,, 00,7:.,.. on a~ , « 1_., 1.,.+1....,.1, F:..,e -,7 1, 1 +'.. ..1+ .,le ..FF « F 1,. 1,. +«.. ..F « ..F e ,.1, e > .l .7' FF TF ..,e«F «.....H.~ C FC F 11 1 r e ~ > > A 1 F ti,' tiNe All e«+.. .. ...+ ,.F ., ,.FF .. J Y 1_ -- 11 :++...7 ~.+'/ +l,e F. «..1 1~« a «.7,..7 TL,:~ cnau~ao--m~,Q ~ ci[ rP i) (~l- '1n 1 n DTA~~' A «...1:,...L.1,. T.. ...7,7:+:..., +.. o ...1...e.~.~l«:,... .. .:.1..,] L.e«e: y YY 11 1 F F ti`' le .. .7 a a a• F r A 11 .7' ~ 1.' 1, .] ~ a 1. +1. ,7' 1, 1 +' F +1.:.. ,] 1. 1.1 .7 1 ,F..1 .... .,:.70.7 :., ('t,....+e« 7n 1 n DTA.T!' n n 1. -F A T 1, 1:...,..+ c « ....t,,.«.....t.,7:.,: ~:..., ..« F..11 rr 1' F 1 ,..1 +1.,. ..:+.. .'+L,7...1,7 J;..rtL,e« 1...:1.7:«.. ..«1...« J YY« ~ ~ ~~ e f ~ 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. « ., > > . .71, .7 1, L ,' 1, ..l .,ti..« . .F ..«<.. .....,:+ : ....7 1 ,,.«,,.. «,1 ..« l,e ,. nL.e ~ r C F ' 1 1 D /<L, '1!1 1 ! y 1 DTA,T!' A ««1: rr .,..l.l e All < ..1 „+:.. , , > > ' > P •• ori g ~ (" /~ r V' 1 ~i 1L, r L. ..inA ., e ..,.«A a,.« :n F ..«A .,o ,~d: € Eh d 20 10 PT t A 4E ~ a• ..., , ._, 1,._ +>,.. .. nn+ :,.« ,<F ,,, .+:<.:.~, ureS e prB6e ag er , « b P D -1' AT All 1 F 1,' 1, «,] n+ n «.l n.•.l n «e.l +l.n«nl .<. n ,1 -- ,] L, ,] 1 1, 1,1:,. l,enl+1, n„F + .. «.7 . :olf'~«e ~.~.a A 11 a• 1.• 1. a~ « ,a 1,.. +t,o a:« o, .+,.« r,. >„ : ,.1..+:,.« , .r+>n:n F 1 l : i t_ ,1 . Y 1_ 11,1 7 .] +L.e« Z « L el,.. nl ~ ..L,1„ ., ...ll l.e «.1 1... n..l,: e..+ 4.. rl< ~ ..fi.l «.. o .. ««.<..: c.. fi..rtl... ..«n .. + « ..,.+ F ,..«t , n .. «+1, :« !'~ e« n«. 1,.,«+..« 'l ll 1l1 DTT,T/` 'LV.R~TTf12ri. J J «J, e e 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. : : 1 F 't ' .,.,1 L ,,.«n...,,inr l,n .. nl,e : .., ,rl~ r:,,.,7 ......,C «nn •l +n ..«.... n ,...n r F 1 ' L D ('~1. 7n 1n DTT,f(` A.. y r ,1 .7 .1 ,.F «l:nnl+ln elll r n .nv.:/ .+ , e i .e.l F , y 29 10 1' € Eh ' Y TA4( T~ -'• ~- a + a n.:,.., n.+a agter pretiisiens e l v l F 1 -a a +>, 1 n l,n, n.+.,n.,. ..«, n«n n,, ... ,.« n,,, !"' n+,l !" A/' 1 AIR, 1, «,1:+:..« :., C .....] n«,1:«,. A 1..+: ,.., nC •l.n ..,.1.. «an«., .. on ti.,., «Al..« «..+: n.. «A ..«A,.« r q• F .. 41. .,.. ,.l.,ti .,e . . ..Aa,+« C,...1. ,. «A..« ..l,nll ...,+4 P D Ll' Ti - A 11 7 F 1,' L +.7 nan«,ln«.ln n n ,l tl,e ol.., nf° .1 __ - a L a 1 L, ..l.l:n t r .nniai. nn F a. , ...7 ..o1F re n. ,.l ~1+no A 11 ,]' ' 1+' 1, ,lla .1 1. 1, .1'• r t.+ l,n : .. 1 n+:..« ..F +l,:n F L : : 1 l 1, .7 ,1 .1 .1 +,._,.1,....1+..11 l,n . ...1,:..,.y ., . rl, • , n ....,..,: ~ ,..,n ,+ , n..+n« n«, n n -. n 1, tl i, .1 1, «nl,ln n«.l 1n, .,F..1 ,,:.7 e.1 :« / ~1.n«+n« 'ln 1 n > > DTI i : Al -- D A' A 1 ..... na:.. n a,+ n« . .+4 L, n« J..A: n:nl n n4«na .,n A~+ ~ A 'A..A :« A.:,. ,d,..«+,. « .... l.. 1.,.., ..« .. ~ kl+er .+rA: «..« .... .. ..,1, „ ~ ~« ....,:11 C..11., ,. ~ !'1, 7n 1 n DTA A!' : .:la., ..Fn «,: n.l,..... ..,«, .: ~.,d ,..+..« n : ..+;n« ..1,..11 1,,. 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. Tl, 1 C F t ..C •1.:.. ,.L,.,.,+..« .. a .. et F «fl.:.. !'1+~..,a,.« 1n to DTT~,f(` b r r -a r. n a - a~ F« r /n«a ~oz~ c i ~nn2~ 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 ., ' t FLk el- t' >,A n 4 F1n^!1 ..t.,r:.. ..FLt.er:~,~«r~....+..« ~ 1 FD•r'n,rr ~n 1 n non ir:..a .. ....14:e.. c,.l.oa..l,.,.~ ....a -rn 1 n ncn m..:....:.,,,1 r 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. TAT 1. '1 a' 1. a ..~1,....«e..+,.e«..,:+~1,~111- va F «.. ..el ..C l....a r «., .. a 1 a a' 'a a ' 1 ..F LL:.. T,T....+..« D«....«„«. A 11 «..1.....,.«.. ,.«+«.,«..F..«..~~ ,.F a 1. 11 1 1. ..F Ll.e A..4 ,.,.a Ll.:o T,f....4e« D«........«.....a e.,..l. e 11' F 1 .. 1..«a : ..1 ~4:..« ..f L A +1.:.. A,1....4v« D«..,.«..... b> a~ ~a a F 4.. +l.e « ..Lr F L A +L:.. T A....+e« D«.. _ Y e~. > . C 1, 1. F « 1,.......« .. ., 140«....ti.:os C «.... .. +1.,.:« ..«,.«e«+.. +.. e e 7., a LL.u ....le 4«....,.F ..« le,,..o .,.,a ,...+....F K > ~ e 1' a «..1.1 ,. ..~+,.«.. e..~.. F e« ~ «va LL..«..1.., f....... LL.. > J .':. 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