HomeMy WebLinkAboutO-2045 - Adds Title 4, enforcement code (4.02)CITY OF MARYSVILLE
Marysville,Washington
ORDINANCE NO..20¥.s-
AN ORDINANCE OF THE CITY OF MARYSVILLE ESTABLISHING POLICIES AND
PROCEDURES FOR THE ENFORCEMENT OF THE MARYSVILLE MUNICIPAL
CODE,SETTING MONETARY PENALTIES FOR VIOLATIONS OF THE
MARYSVILLE MUNICIPAL CODE, AND ESTABLISHING A CODE ENFORCEMENT
PROCEDURES MANUAL FOR THE ENFORCEMENT CODE.
WHEREAS,the City Council finds that enforcement of its
various codes benefits and protects the health,safety and
welfare of the citizens of the City of Marysville;and
WHEREAS,the City Council finds it necessary to establish an
orderly and efficient means by which various provisions of the
Marysville Municipal Code can be enforced;arid
WHEREAS,the City Council finds that monetary penalties for
violations of the Marysville Municipal Code should be
established;and
WHEREAS,the City Council finds that the citizens of the
City of Marysville should have an opportunity for prompt hearing
and decision on alleged violations of the Marysville Municipal
Code;
NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON,DO ORDAIN AS FOLLOWS:
Section 1.Adoption.A new Title 4 of the Marysville
Municipal Code is hereby adopted to read as follows:
TITLE 4
ENFORCEMENT CODE
Sections:
4.02.010
4.02.020
4.02.030
4.02.040
4.02.050
Purposes
Definitions
Citizen Complaints
Penalties and Enforcement
Code Enforcement Procedures Manual
4.02.010 Purposes.The purposes of this Title are:
1.to establish an efficient system to enforce the City of
Marysville Municipal Code (MMC);
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2.to provide opportunity for a prompt hearing and
decision on alleged violations of the MMC;
3.to establish monetary penalties for violations of the
MMC;and
4.to abate/bring into compliance violations of the MMC.
4.02.020 Definitions.For the purposes of this chapter,
the following definitions shall apply unless the context or
meaning clearly indicates otherwise.
1."City"means the City of Marysville,Washington.
2."Director"means the directors of any department of the
City,or such other head of a department that the City Council
has authorized by ordinance to utilize the provisions of this
Title and shall include any duly authorized representative of
such Director.If more than one department is authorized to act
under this Title,the term "Director"shall also be understood to
mean all applicable "Directors."
3."Hearing Examiner"means the City of Marysville Hearing
Examiner,codified by Chapter 2.70 MMC,or the Examiner's duly
authorized representative.
4."MMC"means the Marysville Municipal Code.
5."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.The term "permit"shall not include preliminary or
final plat approval or any rezone.
6."Person"as used in this title,includes any natural
person,organization,corporation or partnership and its agents,
representatives or assigns.
7."Public Nuisance"as used in this title,is defined as
a nuisance which effects equally the rights of an entire
community or neighborhood,although the extent of the nuisance
may be unequal.MMC Ch.6.24.020(3)defines "nuisance."
4.02.030 Citizen Complaints.
A.Written Complaint/Notice to Owner.On forms provided
by City Departments,any aggrieved person may file a written
Complaint with the Director alleging that a violation of this
Title or other Titles,Chapters or Sections of the MMC has
occurred or may occur.The citizen complaint process shall not
apply to actions for which there are administrative and/or
judicial appeals provided for in this Title or other Titles,
Chapters or Sections of the MMC.Each Complaint shall state
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(60)
may
As
fully the causes and bases for the complaint and shall be filed
with the appropriate department.A copy of the Complaint shall
be promptly mailed to the property owner of the subject property
via first class and certified (return receipt requested)mail.
B.Hearing Before the Hearing Examiner.Within sixty
days of completing and filing the Complaint,the complainant
request,in writing,a hearing before the Hearing Examiner.
soon as the Complaint is filed,the Director shall cease all
administrative action and schedule a hearing.The date of
hearing shall be not more than ninety (90)days from the receipt
of the Complaint.The person filing the Complaint shall have the
burden of demonstrating that a violation has occurred or may
occur.
C.Hearing Examiner's Decision.Within ten (10)City
working days of the conclusion of the public hearing,the Hearing
Examiner shall file a written decision with the Department.The
Hearing Examiner's decision shall be final with a right of appeal
only to Snohomish County Superior Court as provided in Section D
below.The Hearing Examiner has the authority to award costs and
expenses to the prevailing party and the City.
D.Appeal to Snohomish County Superior Court.Within ten
(10)City working days of the Hearing Examiner's written
decision,a party may appeal the Hearing Examiner's decision to
the Snohomish County Superior Court by filing a writ of review.
In the event there is no appeal to Superior Court and the Hearing
Examiner's decison becomes final,it shall be enforced pursuant
to MMC 4.02.040(J).
4.02.040 Penalties and Enforcement.
A.Director Authorized to Enforce Codes.The Director is
charged with enforcement of the provisions of this Title.
B.Violations.It shall be unlawful for any person to
construct,enlarge,alter,repair,move,demolish,use,occupy or
maintain any use or cause the same to be done in violation of any
of the provisions of this Title or other Titles,Chapters or
Sections of the MMC.Any such violation as determined by the
Director is declared to be a public nuisance and shall be
corrected by any reasonable and lawful means as provided in this
Section.In the event the penalties provided in this Title
conflict with any penalty provided in any other Section,Chapter
or Title of the Marysville Municipal Code,the penalty provisions
of this Title shall control.
C.Director's Remedies.Upon finding a violation,the
Director may:
1.Institute appropriate action or proceeding to require
compliance with this Title or to enjoin,correct or abate any
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acts or practices which constitute or will constitute a
violation;
2.Issue a temporary enforcement order pursuant to
subsection G below;
3.Abate the violation if corrective work is not commenced
.or completed within the time specified in a permanent enforcement
order;
4.Suspend or revoke any approvals or permits issued
pursuant to this Title,Title 5 (Business Regulations and
Licenses),including without limitation §§5.02.140,5.20.080,
5.52.090;Title 6 (Peace,Morals and Safety),including without
limitation Chapter 6.24,Title 7 (Health and Sanitation),
including without limitation §§7.04.010 -7.04.100;Title 9
(Fire);Title 11 (Traffic),including without limitation §
11.36.040;Title 12 (Streets and Sidewalks),including without
limitation §§12.08.140,12.12,12.20.010,12.24,12.36.020-.030,
12.40.020.030;Title 14 (Water and Sewers),including without
limitation §§14.15.170,14.16.100,14.16.140,14.17.050;Title
16 (Building),Title 18 (Planning),Title 19 (Zoning),Title 20
(Subdivisions).
5.Assess civil penalties after notice and order set forth
in Section H(2)(d)below or recovered by legal action filing in
Snohomish County Superior Court;and/or
6.File a lien against the property for costs of abatement
and/or civil fines.
D.Violators Punishable by Criminal Fine and Imprisonment.
As an alternative to any other remedy provided in this Title or
by law or other ordinance,any person willfully or knowingly
violating any provision of this Title or other Titles,Chapters
or Sections of the MMC,or amendments thereto,or any person
aiding or abetting such violation is guilty of a misdemeanor and
upon conviction shall be punished by a fine not to exceed one
thousand dollars and/or imprisonment for a term not to exceed
ninety (90)days.Each day such violation continues may be
considered a separate offense.
E.Inspections.
1.Whenever the Director has reasonable cause to believe
that a violation has been or is being committed,the Director or
the Director's duly authorized inspector may enter any building,
structure or property at any reasonable time to inspect the use
and perform any duty conferred on the Director by this Title.
2.If the building,structure or property is occupied,the
Director shall first present identification credentials,state
the reason for the inspection and demand entry.If consent to
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enter is not given and if
a.the Director has reason to believe that the
conditions create an imminent and irreparable hazard,then
the Director shall enter,or
b.the Director has reason to believe that the
conditions do not create an imminent and irreparable hazard,
the Director shall enter after first obtaining a civil
search warrant.
3.If the building,structure or property is not occupied,
the Director shall make a reasonable effort to locate the owner
or other person(s)having control and request permission to
enter.If the Director is unable to locate the owner or
person(s)having control,and if
a.the Director has reason to believe that conditions
therein create an immediate and irreparable hazard,the
Director shall enter,or
b.the Director has reason to believe that the
conditions do not create an imminent and irreparable hazard,
the Director shall enter after first obtaining a civil
search warrant.
F.Violators Punishable by Civil Penalties After
Administrative Notice and Order.
1.Director to Determine Violation and may Provide
Enforcement Order.Within thirty (30)days of notice of a
potential violation,the Director is authorized to and shall
determine whether a violation has occurred,and,if the Director
determines that a violation has occurred,shall issue a temporary
or permanent enforcement order.The Director shall notify the
complainant,the owner or operator of the source of the
violation,and the person in possession of the property or the
person causing the violation of the Director's determination in
writing within three (3)City working days of the determination.
Service of the notice by first class and certified (return
receipt requested)mail to the last known address of the
complainant and violators shall be deemed effective notice.(See
paragraph C(4),infra.)
2.Director May Commence Administrative Notice.
Additionally,whenever the Director has reason to believe that a
use or condition exists in violation of this Title and that
violation will be most promptly and equitably terminated by an
administrative proceeding,the Director may commence an
administrative notice and order proceeding to cause assessment of
a civil penalty,abatement or suspension of all activities,work
or revocation of any approvals or permits issued pursuant to this
Title,Title 5 (Business Regulations and Licenses),including
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without limitation §§5.02.140, 5.20.080,5.52.090;Title 6
(Peace,Morals and Safety),including without limitation Chapter
6.24,Title 7 (Health and Sanitation),including without
limitation §§7.04.010 -7.04.100;Title 9 (Fire);Title 11
(Traffic),including without limitation §11.36.040;Title 12
(Streets and Sidewalks),including without limitation §§
12.08.140,12.12,12.20.010,12.24,12.36.020-.030,
12.40.020.030;Title 14 (Water and Sewers),including without
limitation §§14.15.170, 14.16.100,14.16.140,14.17.050;Title
16 (Building),Title 18 (Planning),Title 19 (Zoning),Title 20
(Subdivisions).
G.Temporary Enforcement Order.
1.The Director may cause a temporary enforcement order
("Order")to be posted on the subject property or served on
persons engaged in any work or activity in violation of this
Title.
2.The Order shall require immediate cessation of such
work or activities and may temporarily suspend any approval or
permit issued under this Title,Title 5 (Business Regulations and
Licenses),including without limitation §§5.02.140,5.20.080,
5.52.090;Title 6 (Peace,Morals and Safety),including without
limitation Chapter 6.24,Title 7 (Health and Sanitation),
including without limitation §§7.04.010 -7.04.100;Title 9
(Fire);Title 11 (Traffic),including without limitation §
11.36.040;Title 12 (Streets and Sidewalks),including without
limitation §§12.08.140,12.12,12.20.010,12.24,12.36.020-.030,
12.40.020.030;Title 14 (Water and Sewers),including without
limitation §§14.15.170, 14.16.100,14.16.140,14.17.050;Title
16 (Building),Title 18 (Planning),Title 19 (Zoning),Title 20
(Subdivisions).
3.The Order may be issued without written or oral notice
and shall expire by its own terms in ten (10)days unless the
Director extends or issues and transmits a permanent enforcement
order pursuant to Subsection H below.
4.The notice and Order shall contain:
a.The street address,when available,and a legal
description of the real property;
b.A statement that the Director has found the person
to be in violation of this Title and a brief and concise
description of the condition found to be in violation;
c.A statement of the corrective action of be taken;
d.A statement that the order shall expire by its own
terms in ten (10)days unless extended in writing or a
permanent order is issued;
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e.A statement that the violator may be subject to a
civil penalty of $100 for each day that the violation
continues and,if applicable,the conditions on which
assessment of such civil penalty is contingent.
5.Withdrawal or Issuance of Additional Temporary Order.
The Director may withdraw a temporary order if compliance is
achieved within ten (10)calendar days of posting or service
thereof.If,after withdrawal,the violation is continued or
repeated,the Director may cause a second temporary order to be
posted on the subject property or served on persons engaged in
any work or activity in violation of this Title.Any subsequent
order involving the same violation shall be permanent.
H.Permanent Enforcement Order.
1.A permanent order shall be issued by the Director and
become final within ten (10)calendar days,unless written appeal
is received asking for a hearing before the hearing examiner.
2.The permanent enforcement order shall contain:
a.The street address and,when available,a legal
description of real property;
b.A statement that the Director has found the person
to be in violation of this Title and a brief and concise
description of the conditions found to be in violation;
c.A statement of the corrective action required to
be taken.If the Director has determined that corrective
work is required,the order shall mandate that all required
permits be secured and the work be physically commenced and
completed within such time as the Director determines is
reasonable under the circumstances,but in no event shall
such time exceed ninety (90)days;
d.A statement that the violator may be subject to a
civil penalty of $1,000 for each day that the violation
continues and,if applicable,the conditions on which
assessment of such civil penalty is contingent;
e.Statements advising:
i.If any required work is not commenced or
completed within the time specified,the Director shall
proceed to abate the violation and cause the work to be
done and charge the costs thereof as a lien against the
property and any other property owned by the person in
violation and as a personal obligation of any person in
violation;and
ii.If any assessed civil penalty is not paid,
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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;and
iii.The violator of the violator's right to
appeal and the appeal process.
3.Any order issued by the Director pursuant to this Title
shall be final unless a timely appeal is filed.
4.Service.Service of the permanent enforcement order
shall be made upon all persons identified in the order either
personally or by mailing a copy of such order by certified mail,
postage prepaid,return receipt requested to the last known
address.If the address of any such person cannot reasonably be
ascertained,a copy of the 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 Title.Service by
certified mail in the manner provided in this section shall be
effective on the date of postmark.The order may be,but is not
required to be posted on the subject property.
5.Supplemental Order.The Director may at any time add
to,rescind in part,or otherwise modify a permanent enforcement
order.
I.Appeal.A written appeal may be filed within ten (10)
calendar days following issuance of a temporary or permanent
order.Director shall prepare and transmit to the Hearing
Examiner any appeal of a temporary or permanent enforcement order
in which a hearing shall be scheduled within sixty (60)days of
the appeal date.Cost of the appeal shall be part of the
decision.The Hearing Examiner's decision may be reviewed by an
action for writ of review in the Superior Court of Snohomish
County filed within ten (10)calendar days of the decision.If
no appeal is filed in the required length of time,the Hearing
Examiner's decision shall be final.
J.Violation of Permanent Order.If,after any permanent
order duly issued by the Director or Hearing Examiner has become
final,the person to whom such order is directed fails,neglects,
or refuses to obey such order,including refusal to pay a civil
penalty assessed under such order,the Director may:
1.Cause such person to be prosecuted under the provisions
of this Title;
2.Institute any appropriate action to collect a civil
penalty assessed under this Title;
3 .
and/or
Abate the violation using the procedures of this Title;
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4.Pursue any other appropriate remedy at law or equity.
K.Revocation or Suspension of Approvals or permits.The
Director may permanently revoke or suspend any approval or permit
issued under this Title,Title 5 (Business Regulations and
Licenses),including without limitation §§5.02.140,5.20.080,
5.52.090;Title 6 (Peace,Morals and Safety),including without
limitation Chapter 6.24,Title 7 (Health and Sanitation),
including without limitation §§7.04.010 -7.04.100;Title 9
(Fire);Title 11 (Traffic),including without limitation §
11.36.040;Title 12 (Streets and Sidewalks),including without
limitation §§12.08.140,12.12,12.20.010,12.24,12.36.020-.030,
12.40.020.030;Title 14 (Water and Sewers),including without
limitation §§14.15.170, 14.16.100, 14.16.140,14.17.050;Title
16 (Building),Title 18 (Planning),Title 19 (Zoning),Title 20
(Subdivisions).for any of the following reasons:
1.Failure of the holder to comply with the requirements
of such Title;or
2.Failure of the holder to comply with any order issued
pursuant to this Title;or
3.Discovery by the Director that an approval or a permit
was issued in error or on the basis of incorrect information
supplied to the City.
Such approval of permit revocation or suspension shall be
carried out through the notice and order provisions of this
Section.The revocation or suspension shall be final within five
(5)working days of the conclusion of a hearing unless the
Hearing Examiner renders a written decision modifying or denying
the revocation or suspension.
L.Lien.
1.City Has Lien.The City of Marysville shall have a
lien for any civil penalty imposed or for the cost of any work or
abatement done pursuant to this Title,or both,against the real
property on which the civil penalty was imposed or any of the
work of abatement was performed and against any other real
property owned by any person in violation.The civil penalty
shall be a joint and several obligation of all people found to be
in violation.The lien shall be subordinate to all existing
special assessment liens previously imposed upon the some
property and shall be superior to all other liens,except for
state and county taxes,with which it shall be on a parity.
2.Director's Authority to Claim Lien.The Director shall
cause a claim for lien to be filed for record with the auditor
within ninety (90)days from the date the civil penalty is due or
within ninety (90)days from the date of completion of the work
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or abatement performed by the City of Marysville pursuant to this
Title.
3.Notice of Lien.The notice and order of a Director
pursuant to this title shall give notice to the owner that a lien
for the civil penalty or the cost of abatement,or both,may be
claimed by the City.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 by
certified mail,postage prepaid,return receipt requested.
4.Contents of Lien.
a.The claim of lien shall contain the following:
i.The authority for imposing a civil penalty or
proceeding to abate the violation,or both;
ii.A brief description of the civil penalty
imposed or the abatement work done,or both,including
the violations charged and the duration thereof,the
time the work was commenced and completed and the name
of the persons or organizations performing the work;
iii.A legal description of the property to be
charged with the lien;
iv.The name of the known or reputed owner;and
v.The amount,including lawful and reasonable
costs,for which the lien is claimed.
5.Verification of Lien.
the Director to the effect that
claim is just.
The lien shall be verified by
the Director believes that the
6.Filing of Lien.The lien shall be recorded with the
Snohomish County Auditor.
7.Duration of Lien.No lien created under this Title
shall bind the property for a period longer than three years
after the claim has bene filed unless an action is commenced in
the proper court within that time to enforce the lien.
8.Foreclosure of Lien.The lien may be foreclosed by a
civil action in Snohomish County Superior Court.
9.Removal of Lien.
City of Marysville when all
violator(s)by a Notice and
been satisfied.
All liens shall be removed by the
conditions placed upon the
Order or by the Hearing Examiner have
4.02.050.Code Enforcement Procedures Manual.The Code
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Enforcement Officer shall have the authority to adopt and adhere
to a Code Enforcement Procedures manual,which shall be available
for public inspection and copying during regular business hours.
Section 2.Severability.Should any section,subsection,
paragraph,sentence,clause or phrase set forth in this Ordinance
or its application to any person or situation be declared
unconstitutional or invalid for any reason,such decision shall
not affect the validity of the remaining portions of this
Ordinance or its application to any person or situation.The
City Council of the City hereby declares that it would have
adopted this Ordinance and each section,subsection,sentence,
clause,phrase,or portion thereof irrespective of the fact that
anyone or more sections,subsections,sentences,clauses,
phrases or portions be declared invalid or unconstitutional.
Section 3.No Special Duty Created.It is expressly the
purpose of this Ordinance to provide for and promote the health,
safety and welfare of the general public and not to create or
otherwise establish or designate any particular class or group of
persons who will or should be especially protected or benefitted
by the terms of this ordinance.
No provision or term used in this ordinance is intended to
impose any duty whatsoever upon the City or any of its officer,
agents or employees for whom the implementation or enforcement of
this ordinance shall be discretionary and not mandatory.
Nothing contained in this Ordinance is intended nor shall be
construed to create or form the basis of any liability on the
part of the City,or its officers,employees or agents,for any
injury or damage resulting from any action or inaction on the
part of the City,its officers,employees or agents.
PASSED;(S~day of
CITY
Attest:
B~City Clerk
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OF MARYSVILLE
()~JtJ~
Mayor
Approved as to form:
By £J&-d=f::.wJ
,City Attorney
Date of Publication:
Effective Date (5 days after publication):
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