HomeMy WebLinkAbout2511 Sign Code EnforcementOrdinance No. ~3-[/
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING
AND REPLACING CHAPTER 17.68, ENFORCEMENT AND PENALTIES,
OF TITLE 17, ZONING, AND REPEALING SECTION 17.50.200,
VIOLATION-PENALTY, OF CHAPTER 17.50, SIGNS, OF THE PORT
TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND USE
ADMINISTRATION AND ENFORCEMENT.
WHEREAS, the City Council desires to update the enforcement and penalties provisions
of the zoning and other City codes by modifying the requirement that the City pursue criminal
remedies as an exclusive remedy for violations of land use ordinances; and
WHEREAS, the City Council desires to make violations of the zoning and other City
codes primarily a civil infraction; and
WHEREAS, the City Council desires to combine the enforcement sections of the various
land use codes into one chapter, in order to create one uniform procedure and make the process
easier for the public to understand and City staff to implement; and
NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as
follows:
Section 1, Chapter 17.68, Enforcement and Penalties is repealed and a new chapter
(of the same number and rifle) is enacted as follows:
Chapter 17.68
ENFORCEMENT AND PENALTIES
Sections:
17.68.010
17.68.020
17.68.030
17.68.040
17.68.050
Director's authority.
Chapter 20.10 applicable.
Order to cease violation.
Public nuisance.
Alternative remedies.
17.68.010 Director's authority.
Whenever the BCD director, or his or her designee ("director"), determines that a condition
exists in violation of this title or any standard required to be adhered to by this title, or in
violation of any permit issues hereunder, he or she is authorized to enforce the provisions of this
rifle.
17.68.020 Chapter 20.10 applicable.
All violations of any provision of this title or any incorporated standards, or any permit issued
hereunder, are made subject to the provisions of Chapter 20.10 PTMC. The director is
authorized to order correction and discontinuance of any violative condition of the provisions
of this title under the procedures of Chapter 20.10 PTMC, which provide for voluntary
correction orders, notice and orders to correct the violation, abatement orders, stop work and
emergency orders, and assessment of civil penalties.
17.68.030 Order to cease violation.
Whenever any such violation is found, pending commencement and completion of the voluntary
correction and/or notice and order procedures of Chapter 20.10 PTMC, the director may order
the cessation of activity causing the violative condition by notice in writing served on or mailed
to the person(s) engaged in or causing such condition. The effect of such order shall be to
require immediate cessation of any activity causing the violative condition. Such order shall not
be affected by any right of appeal afforded by this or any other title of this code.
17.68.040 Public nuisance.
All violations of this title and standards required thereby, are determined to be detrimental to
the public health, safety, and welfare and are public nuisances. All conditions which are
determined by the director to be in violation of this title or standards required thereby, shall be
subject to the provisions of this title and shall be corrected by any reasonable and lawful means,
as provided in Chapter 20.10, PTMC.
17.68.050 Alternative remedies.
As an alternative to any other judicial or administrative remedy provided in this title or by law
or other ordinance, any person who willfully or knowingly violates or fails to comply with any
stop work order or emergency order, issued pursuant to Chapter 20.10 PTMC is guilty of a
misdemeanor and upon conviction shall be punished as provided in Chapter 20.10.060. Each
day such violation or failure to comply continues shall be considered an additional misdemeanor
offense. (Ord.~5-// § 1, 1996; Ord. 1625 § 6.16, 1971.)
Section 2. The text of Section 200, Violation-Penalty, Chapter 17.50, Signs, of the Port
Townsend Municipal Code is hereby repealed.
(Ord.~5-// § 2, 1996; Ord. 2249 § 1, 1991.)
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Section 3. Severability. If any clause, sentence, paragraph, section or part of this
Ordinance or its application to any person or circumstance is held to be invalid or
unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the
validity or constitutionality of the remainder of any part of this Ordinance. To this end, the
provisions of each clause, sentence, paragraph, section or part of this law are declared severable.
This ordinance shall become effective March 1, 1996, upon its approval and publication
in the form and manner required by law.
Read for the first, second, and third times and passed by the Ci~ouncil of the City of
Port Townsend, Washington, at a regular meeting thereof, held thisc~O7-d[y of February, 1996.
Attest:
xchael Hildt,
/~p~~as to Form:
{cl~Iahan', City Attorney
01/30/96 Offi\Enforce{EnfT17. doc}
Juli~;McCulloch, Mayor
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