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Home My WebLink About2508 Public Improvements and Trespass Provisions EnforcementOrdinance No. ~ 3~c9 ~ AN ORDINANCE OF THE CITY OF PORT TOWNSEND: (1) AME~ING SECTION 12.04.250, PUBLIC IMPROVEMENTS AND TRESPASS PROVISIONS - ENFORCEMENT, OF CHAPTER 12.04, STREET CONSTRUCTION AND REPAIR, AND SECTION 12.08.060, LEAVING STREETS IN IMPROPER CONDITION, OF CHAPTER 12.08, STREET CONDITIONS; (2) ADDING A NEW SECTION 12.10.030, VIOLATIONS AND PENALTIES, OF CHAPTER 12.10, STREET RIGHT-OF-WAY; AND (3) REPEALING AND REPLACING SECTION 12.24.060, VIOLATION - PENALTY, OF CHAPTER 12.24, STREET AND PARK TREES, 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 City land use codes by modifying the requirement that the City pursue criminal remedies as an exclusive remedy for violations of such codes; and WHEREAS, the City Council desires to make violations of land use 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. Section 12.04.250, Public improvements and trespass provisions - Enforcement, of the Port Townsend Municipal Code is hereby amended as follows: 12.04.250 ...... :.'n~rovcmcnts ' ' Enforcement - 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. AB. A permit obtained by any person, including any property owner or contractor, who fails to commence or complete the required improvements within the time required by such permit may be immediately revoked by the public works director; provided, however, that the director may extend the time for commencement or completion of such improvements for an additional period not to exceed one year. ~. The provisions of any permit under this chapter, and any no-protest agreement or covenant to participate in a local improvement district which may be required, shall be listed as a condition of any approved building permit issued in conjunction therewith and may be enforced as part of the approved building permit. D__ Chapter 20.10 Applicable. In addition, 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. E_ 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. F. 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 st~dards 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. G. 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 falls 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. 55"0 b 8 1, 1996; Ord. 2312 8 2, 1992; Ord. 2210 88 8, 9, 1990). Section 2. section 12.08.060, Leaving streets in improper condition, of the Port Townsend Municipal Code is amended to read as follows: 12.08.060 Leaving streets in improper condition. It shall further be deemed unlawful.~...n-'~ .~.,..o.,~.,.,~:~^-^~ .,~ -:~....o,~,~..,~.,.,~ ....... and a violation of this chapter for any person, firm or corporation pursuant to any of the purposes hereinbefore mentioned, to leave any such streets in an improper condition for travel, ~-'~ .~, ....~ ~[.~ ~, ..... :~*.~.4 ..... .4;~ ,^ th ...... ;~;~..~ ~ n~r, ~ a~ a'm which violation shall be subject tO .enforcement and penalties provisions of Chapter 20.10. PTMC. (Ord. ~3'-o/~ 8 2, 1996; Ord. 790 8 3, 1911). Section 3. A new Section 030, Violations and penalties - Enforcement, of Chapter 12.10, Street Right-of-Way, of the Port Townsend Municipal Code is hereby added to read as follows: Sections: 12.10.010 12.10.020 !2.10.030 Chapter 12.10 STREET RIGHT-OF-WAYS Cutting certain trees. Pruning. Violations and penalties - Enforcement. 12.10.010 Cutting certain trees. Notwithstanding PTMC 12.24.040, no tree having a diameter of six inches or more, when measured one inch above normal grade, shall be cut down, damaged, removed, trimmed or pruned on or from any street right-of-way, alley or sidewalk in the city except upon approval 3 a2 3'-'o ~ of the city council by mOtion passed at a council meeting. (Ord. 2076 § 6, 1987; Ord. 1690 § 1, I973). 12.10.020 Pruning. Nothing herein shall be construed to prevent the necessary pruning of trees for purposes of protecting telephone, electrical or other above-ground utility wiring, or for vehicular or other safety purposes by city employees. (Ord. 2076 § 7, 1987; Ord. 1690 § 2, 1973). 12.10.030 Violations and penalties - Enforcement. A. The public works director, or his or her designee ("director"), is authorized to enforce the provisions of this chapter. All violations of this chapter are made subject to the enforcement and penalties provisions of Chapter 20.10, PTMC, and the director is authorized to issue all orders and pursue all civil and criminal remedies and penalties pursuant to that chapter. B....~. Pending commencement and completion of the voluntary correction and/or notice and order procedures of Chapter 20.10, PTMC, the director may order the immediate cessation of any activity causing the violative condition by notice in writing served on or mailed to the person(s) engaged in or causing such condition. Such order shall not be affected by any right of appeal afforded by this or any other code provision. (Ord.,,,9~'Ol~ § 3, 1996.) Section 4. Section 060, Violations - Penalty, Chapter 12.24, Street and Park Trees, of the Port Townsend Municipal Code is hereby repealed and replaced as follows: 12.24.060 Violations and penalties - Enforcement. A. The public works director, or his or her designee ("director"), is authorized to enforce the provisions of this chapter. All violations of this chapter are made subject to the enforcement and penalties provisions of Chapter 20.10, PTMC, and the director is authorized to issue all orders and pursue all civil and criminal remedies and penalties pursuant to that chapter. B. Pending commencement and completion of the voluntary correction and/or notice and order procedures of Chapter 20.10, PTMC, the director may order the immediate cessation of any activity causing the violative condition by notice in writing served on or mailed to the person(s) engaged in or causing such condition. Such order shall not be affected by any right of appeal afforded by this chapter. (Ord. eO~"'a ~ § 4, 1996; Ord. 2076 § 8, 1987.) Section 5. 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 Couo.cil of the City of Port Townsend, Washington, at a regular meeting ther~f, held this ~0'r ~'ay of February, 1996. / / Attest: ~/-A~ting City Clerk Appr 01/3~0/9¢ e to form: ,.~,~, ~ty Attorney [95-021] Ord\Enforce{Enfr 12.doc} Julie~lcCulloch, Mayor