HomeMy WebLinkAbout2510 Flood Damage Prevention EnforcementOrdinance No. o~f/0
AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING AND
REPLACING: (1) SECTION 16.08.080, PENALTIES FOR NONCOMPLIANCE
OF CHAPTER 16.08, FLOOD DAMAGE PREVENTION; (2) SECTION 16.12.130,
PENALTIES FOR VIOLATION, OF CHAPTER 16.12, DRAINAGE PLANS; AND
ADDING A NEW SECTION, 16.04.150 TO CHAPTER 16.04, BIRLDING CODE,
OF THE PORT TOWNSEND MUNICIPAL CODE TO ESTABLISH NEW LAND
USE ADMINI3TRATION AND ENFORCEMENT.
WHEREAS, the City Council desires to update the enforcement and penalties provisions
of City codes regulating land use by modifying the requirement that the City pursue criminal
remedies as an exclusive remedy for violations of land use ordinances; and
WItEREAS, the City Council desires to make violations of such 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. The text of Section 080, Penalties for noncompliance, Chapter 16.08, Flood
Damage Prevention, of the Port Townsend Municipal Code is hereby repealed and replaced as
follows:
16.08.080 Violations and penalties.
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 20.10 Applicable. All violations of any provision of this chapter or
incorporated standards, or of 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 chapter under the procedures of Chapter 20.10
PTMC, which provide for voluntary correction orders, formal notice and orders to correct the
violation, abatement orders, stop work and emergency orders and assessment of civil penalties.
C. Order to Cease Violation. Whenever any such condition 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 see,ed 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 code provision.
D. Public Nuisance. All violations of this chapter 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 chapter or standards
required thereby, shall be subject to the provisions of this chapter and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10.
E. Alternative Remedies. As an alternative to any other judicial or administrative remedy
provided in this chapter 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 Section 20.10.060, PTMC. Each day such violation or failure to comply continues
shall be considered an additional misdemeanor offense. (Ord.~J-/o § 1, 1996; Ord. 2161 § 3.3,
1989).
Section 2. The text of Section 130, Penalties for violation, Chapter 16.12, Drainage Plans,
of the Port Townsend Municipal Code is hereby repealed and replaced as follows:
16.12.130 Violations and penalties.
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 20.10 Applicable. All violations of any provision of this chapter or
incorporated standards, or of 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 chapter under the procedures of Chapter 20.10
PTMC, which provide for voluntary correction orders, formal notice and orders to correct the
violation, abatement orders, stop work and emergency orders and assessment of civil penalties.
C. Order to Cease Violation. Whenever any such condition 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 code provision.
D. Public Nuisance. All violations of this chapter 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 chapter or standards
required thereby, shall be subject to the provisions of this chapter and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10.
E. Alternative Remedies. As an alternative to any other judicial or administrative remedy
provided in this chapter 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 Section 20.10.060, PTMC. Each day such violation or failure to comply continues
shall be considered an additional misdemeanor offense. (Ord. o95-/0 § 2, 1996; Ord. 1957
§ 13, 1983.)
Section 3. A new Section, 16.04.150, Violations and penalties, to Chapter 16.04,
Building code, is hereby added to the Port Townsend Municipal Code to read as follows:
16.04.150 Violations and penalties.
A. Director's Authority. Whenever the BCD 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 20.10 Applicable. All violations of any provision of this chapter or
incorporated standards, or of 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 chapter under the procedures of Chapter 20.10
PTMC, which provide for voluntary correction orders, formal notice and orders to correct the
violation, abatement orders, stop work and emergency orders and assessment of civil penalties.
C. Order to Cease Violation. Whenever any such condition 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 code provision.
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D. Public Nuisance. All violations of this chapter 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 chapter or standards
required thereby, shall be subject to the provisions of this chapter and shall be corrected by any
reasonable and lawful means, as provided in Chapter 20.10.
E. Alternative Remedies. As an alternative to any other judicial or administrative remedy
provided in this chapter 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 Section 20.10.060, PTMC. Each day such violation or failure to comply continues
shall be considered an additional misdemeanor offense. (Ord. c-9_C/o § 3, 1996.)
Section 4, 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 City Council of the City of Port
Townsend, Washington, at a regular meeting thereof, held this ~0"r~fay of February, 1996.
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Attest:
mhael Hxld~ct~ng C~ty Clerk
Julie MeCulloch, Mayor
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