HomeMy WebLinkAbout2593 Hearing Examiner Procedures for Code Enforcement Order AppealsOrdinance No.
AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING SECTIONS
20.10.120 AND .130 OF CHAPTER 20.10, LAND USE ADMINISTRATION AND
ENFORCEMENT, OF THE PORT TOWNSEND MUNICIPAL CODE, TO
IMPLEMENT HEARING EXAMINER HEARINGS PROCEDURE FOR APPEALS OF
CODE ENFORCEMENT ORDERS
WHEREAS, at the April 21, 1997 regularly scheduled City Council meeting, the City
Council adopted ordinances to create a hearing examiner system, delegating specific matters to
the Hearing Examiner for review, hearings, and final decisions; and
WHEREAS, this ordinance amends Chapter 20.10 PTMC, Land Use Administration and
Enforcement, to fully implement the hearing examiner process for conducting code enforcement
appeal hearings,
NOW, THEREFORE, the City Council of the City of Port Townsend ordains as follows:
SECTION 1. Section 20.10.120, Notice and order - Issuance, subsection B, 5 of the Port
Townsend Municipal Code is hereby amended to read as follows:
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. The street address, when available, and a legal description of real property
and/or description of personal property sufficient for identification of where the violation occurred
or is located;
2. A statement that the director has found the person to be in violation of a land use
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 separate personal obligation of
any person in violation;
b. If any assessed civil penalty is not paid, the director 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/5 14 calendar days from the date
of the notice and order to the Port Townsend hearing examiner, eity-eoun~ 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
20.~.050 PTMC ~' "'
J.JUo~IOt
e. Any per-day civil penalty shall not accrue during the pendency of such
administrative appeal, unless the hearing examiner ciZy ~iiiici] determines that the appeal is
frivolous or intended solely to delay compliance; and
f. 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 either personally or by mailing a copy of such notice and order. If the address of any
such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to
such person at the address of the location of the violation. The failure of any such person to
receive such notice shall not affect the validity of any proceedings taken under this chapter.
Service by mail in the manner provided in this section shall be effective on the date of postmark.
The notice and order may be, but is not required to be, posted on the subject property.
(Ord. § 1, 1997; Ord. 2505 § 1, 1996).
SECTION 2. Section 20.10.130, Appeal to city council, subsections A, B and C are
hereby amended to read as follows:
20.10.130 Appeal to hearing examiner city'cotmcit.
A. App.. 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/-5 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
C. Stay. Any per-day civil penalty shall not accrue during the pendency of such
administrative appeal unless the hearing examiner city coiincil 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
2 Ord.
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 director 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.
(Ord. § 2, 1997; Ord. 2505 § 1, 1996).
SECTION 3. 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.
Read for the first, second, and third times and passed by the City Council of the City of
Port Townsend, Washington, at a regular meeting thereof, held this 19th day of May, 1997.
Attest:
Pam Kolacy, City Clerk
05/13/97 [Title 20] CA§ Ord\{Ch20-10.doc}
Julie ?/gCulloch, MaYor
~M~an, City~t~rney