HomeMy WebLinkAbout2988 Code Administration and Violation Enforcement for Damage to Significant TreesOrdinance No. 2988
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING
THE PORT TOWNSEND MUNICIPAL CODE CHAPTER 1.20 CODE
ADMINISTRATION AND ENFORCEMENT, ADDING DEFINITIONS
OF VIOLATION AND PROVISIONS RELATING TO PERSONS RESPONSIBLE
FOR VIOLATIONS, AND PENALTIES FOR DAMAGE
TO SIGNIFICANT TREES
WHEREAS, the City Council determines it appropriate to amend Chapter 1.20 Code
Administration and Enforcement to add definitions of violation and provisions relating to persons
responsible for violations, and penalties for damage to significant trees as set forth in this Ordinance.
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as
follows:
SECTION 1. Chapter 1.20, Section 1.20.020 Definitions of the Port Townsend
Municipal Code is hereby amended to read as follows (text in strikeout is deleted, text in
underline is added):
SEE ATTACHMENT A at Section (A)
SECTION 2. Chapter 1.20, Section 1.20.075 Penalties of the Port Townsend
Municipal Code is hereby amended to read as follows (text in strikeout is deleted, text in
underline is added):
SEE ATTACHMENT A at Section (B)
SECTION 3. Chapter 1.20 of the Port Townsend Municipal Code is hereby amended
to add a new section 1.20.127 Obligation of person responsible for code violation to read as
follows (text in strikeout is deleted, text in underline is added):
SEE ATTACHMENT A at Section (C)
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.
This ordinance shall take effect and be in force five days after the date of its
publication in the manner provided by law.
Page 1 Ordinance 2988
Adopted by the City Council of the City of Port Townsend, Washington, at a regular
meeting thereof, held this second day of September 2008.
Attest
~~..~ ~~~
Pamela Kolacy, MMC
City Clerk
Michelle Sandoval, Mayor
Approved us to Forma
John P. Watts
City Attorney
Page 2
Ordinance ?988
A. CHANGE TO 1.20.020 DEFINITIONS
1.20.020 Definitions.
For the purpose of this chapter, the words and phrases designated 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 referred 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); 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.
All conditions of approval, and all easements and use limitations shown on the
face of an approved final plat map that are intended to serve and protect the
general public are deemed conditions applicable to all subsequent plat propertv
owners and their tenants and agents as permit requirements enforceable by the
City.
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.
F. "Person who violates" or "person responsible for violation" means person
who caused the violation, if that can be determined, and/or the owner, lessor
tenant or other person entitled to control. use, and/or occupy propertv where the
civil code violation occurs.
~G. "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 five-year period. A repeat violation may but does not need to involve
Page 1 Ordinance 2988- Anachment A
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 five-year period. (Ord. 2952 § 1, 2008).
H. Violation: A violation means anv act or omission contrary to
a. Any ordinance resolution or public ~ regulation rule of the City that regulates the public
health or the use and development of land
b The conditions and/or requirements including mitigation requirements of anv permit, notice
and order or stop work order issued pursuant to such ordinance resolution or public e~
regulation rule
B. CHANGE TO 1.20.075 PENALTIES
1.20.075 Penalties -Civil assessment schedule -Expenses and costs -
Double permit fees.
A. Civil penalty: $250.00 for each day of violation.
B. Criminal penalty: $1,000 and/or 180 days in jail. See PTMC 1.20.060.
C. 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 charges and vehicle mileage, expert, consultant, or
contractor fees, equipment rental charges, attorneys' fees, photocopying
charges, legal costs, recording fees, filing fees, mailing and postage charges,
and vehicle mileage. All city costs and expenses shall include a 20 percent city
overhead fee.
1. Reimbursement rates for administrative staff time, photocopying charges
and vehicle mileage shall be as established by internal city policy based on the
staff person's salary plus benefits, plus 20 percent city overhead fee.
2. Reimbursement rates for postage charges, recording fees and filing
expenses shall be at actual cost, plus 20 percent city overhead fee.
3. 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 percent city overhead fee.
D. 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
Page 2 Ordinance 2988-Attachment A
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 PTMC
1.20.001 do not apply.
E. 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:
1. The economic benefit that the violator derives from the violation, as
measured by the greater of the resulting increase in market value of the property
or the value received by the violator; and/or
2. Savings of construction costs realized by the violator; and/or
3. Reasonable value of property damaged.
F. 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 Plus $1,000
violation
(G) Flagrant or severe violation Plus $500.00 - $2 500 depending on severity
(H) When the violation causes a situation or Plus $500.00 - $2.500 depending on severity
condition that cannot be corrected
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 Plus 50% of enhanced penalty fTOtal of (A) and
agreement and no history of prior violations (B) equals 75% of enhanced oenaltvl
(C) Full compliance with voluntary compliance Plus 25% of enhanced penalty (Total of (A) and
agreement and a history of prior violations (B) equals 50% of enhanced oenaltvl
The enhanced penalties are further cumulative, for example: a violation which constitutes (B)
environmental damages and (E) history gf similar violations may have added additional daily penalties
under both categories.
(1) Environmental damage means a violation of the city's critical areas regulations (Chapter 19 05
Page 3 Ordinance 2988 -Attachment A
G. Other.
1. 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 1.20.040, Abatement, remediation, and restoration
proceedings -Authorized.
2. 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.
3. 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 until later
due to season). (Ord. 2952 § 1, 2008).
H. Monetary Penalty - "significant trees." The monetary penalty for
damaging cutting or removing "significant trees" as defined in PTMC 12.04.150
shall be the greater of:
a. Five hundred dollars for each tree damaged, cut or removed: or
b. The value of each tree damaged, cut or removed. with the value to be
determined under methods described in the Council of Tree & Landscape
Appraisers, "Guide for plant appraisal," published by the International
Society of Arboriculture, as now or hereafter amended, using the value
method (replacement value method, trunk-formula method, or other
recognized method) that in the opinion of the Public Works Director
represents a fair and appropriate valuation.
The monetary penalty is in addition to other penalties and assessments set forth
in this section.
C. NEW SECTTON:
1.20.127 Obligations of persons responsible for the code violation
Page 4 Ordinance 2988- AttachmcntA
remedies does not substitute for performing the corrective work required and having the property
brought into compliance as determined by the director.
Persons determined to be responsible for the code violation pursuant to a notice of infraction,
notice and order or stop work order shall be liable for the payment of any civil fines, penalties,
and abatement costs.
Page .i Ordinance 2988 -Attachment A
against such an owner or his or her property interest for the code violation except as follows: the