Hoquiam City Zoning Code

10.07 Administration

and Enforcement

(1) The purpose of this section is to establish an efficient system to enforce the provisions of this title to provide for prompt hearing and resolution of alleged violations of these regulations and to establish penalties, including abatement.

(2) The administrator, or his/her designee, has authority to secure voluntary correction agreements, issue notices of civil violation, and conduct abatements under this section.

10.07.010 Purpose.

The purpose of this code is to ensure that all responsible officials have accurate and sufficient information to review applications for building permits, variance permits, conditional use permits, subdivisions, short subdivisions and amendments to this code; identify the scope and procedures for land development review; and provide for code amendment and enforcement. (Ord. 04-07 § 21, 2004; Ord. 00-09 § 5, 2000).

10.07.020 Applications.

(1) Application forms for a variance permit, conditional use permit, and code amendments are available in City Hall from the administrator.

(2) Applicants shall use application forms provided by the city. No time limitations in this code shall apply for a variance permit, conditional use permit, or code amendment until the applicant submits the required application and fee.

(3) Application forms shall be submitted to the administrator for review. (Ord. 04-07 § 22, 2004; Ord. 00-09 § 5, 2000).

10.07.030 Designated representative for applicant.

The applicant shall designate a single person or entity to receive all determinations and notices required by this code. (Ord. 04-07 § 23, 2004).

10.07.040 Permit application conference.

(1) The administrator may schedule an application conference with the applicant not later than fourteen days after an application has been submitted to:

(a) Review each application for completeness and compliance with provisions of this code and any other applicable titles to the Hoquiam City Code;

(b) Provide an exchange of information regarding the proposed permit, development plan, and/or amendment and applicable elements of the comprehensive plan, and other development policies, regulations, and requirements; and

(2) The administrator may invite any city representatives, as deemed appropriate, to the application conference.

(3) If the applicant fails to attend the permit application conference, the administrator shall notify the applicant in accordance with HMC 10.07.050 that the application is incomplete. The application will be considered withdrawn if the applicant fails to reschedule an application conference with the administrator within fourteen days of the issuance of the determination of completeness. (Ord. 04-07 § 24, 2004).

10.07.050 Determination of application completeness.

(1) The administrator shall provide notice in writing to an applicant within twenty-eight days if an application is incomplete. The notice shall state what is necessary to make the application complete. If an applicant fails to provide the additional information as requested within sixty days, the city shall consider an application as withdrawn by the applicant.

(2) If the applicant fails to provide the additional information, as requested, within sixty days, the city will consider the application as withdrawn by the applicant.

(3) Within fourteen days after the applicant has submitted additional information identified by the city as being necessary for a complete application, the city shall notify the applicant whether the application is complete or what additional information is necessary.

(4) If the city does not provide a timely written determination to the project permit applicant that the application is complete, the city shall deem the project application complete. (Ord. 04-07 § 25, 2004).

10.07.060 Application transmittal.

The administrator shall transmit completed application forms with all appended information and the notice of application as provided below:

(1) An appeal to an administrative decision shall be forwarded to the mayor, who shall submit the appeal to the city council. The city council shall conduct an open record public hearing to consider the appeal pursuant to HMC 10.07.100;

(2) Variance and conditional use permit applications shall be forwarded to the land use hearing examiner;

(3) Applications for code amendments shall be forwarded to the land use hearing examiner;

(4) Consolidated review permits as provided in HMC 10.07.110(5) shall be forwarded to the land use hearing examiner;

(5) Consolidated review permits as provided in HMC 10.07.110(6) shall be forwarded to the land use hearing examiner. (Ord. 14-11 § 1, 2014; Ord. 04-07 § 26, 2004).

10.07.070 Notice of application.

(1) Upon receipt of a completed application, the administrator will provide a notice of application to the public, city departments, and other agencies with jurisdiction at least fifteen days before the public meeting or open record public hearing.

(2) Notice of application shall include the following information:

(a) Date of application, date of determination of completeness for the application, and date of notice of application;

(b) Description of proposed permits including location, SEPA checklist if applicable, existing environmental documents that evaluate the proposed permits, and where the application and any additional studies can be reviewed;

(d) A statement of the public comment period, which shall be not less than fifteen or more than thirty days; and

(e) The date, time, and place of the public hearing on the application. (Ord. 04-07 § 27, 2004).

10.07.080 Determination of consistency and concurrency.

During application review as specified in HMC 10.07.020, 10.07.030, and 10.07.040, the reviewing body or official shall determine the following items:

(1) That the development regulations applicable to the application or, in the absence of pertinent regulations, the adopted comprehensive plan are consistent by:

(a) Type of land use;

(b) Level of development, such as units per acre or other measures of density;

(d) The character of development, such as development standards.

(2) That concurrency exists at the time when the impacts of development will occur and that the city reserves the right to deny approval to any application for development if concurrency cannot occur.

(3) A statement as to the determination of consistency and concurrency shall be included in the notice of decision for the approval, approval with conditions, or disapproval of the application. (Ord. 04-07 § 28, 2004).

10.07.090 Notice of decision.

In making an order, requirement, recommendation, determination or decision in the administration of this code, the city shall provide to the applicant and to any person who submitted substantive comments on the application before the rendering of the decision or submitted substantive comments on the application a written notice of decision that includes the following:

(1) Findings and conclusions demonstrating a decision is supported by the record;

(2) A statement of consistency and concurrency; and

(3) Procedures for appeal, if any. (Ord. 04-07 § 29, 2004).

10.07.100 Appeal of an administrative decision.

(1) Any person aggrieved by orders, recommendations, permits, decisions, or determinations made by the administrator in the administration or enforcement of this code may appeal such decision to the city council in writing. The appeal shall include the date, nature of the decision, and the grounds for appeal, within ten days of such decision.

(2) The city council shall conduct an open record public hearing not less than fourteen nor more than thirty days after receiving the appeal and issue a decision not later than seven days after the close of the public hearing. (Ord. 04-07 § 30, 2004).

10.07.110 Optional consolidated project review.

(1) An applicant may request a consolidated review and decision on two or more required permits that shall be conducted as a single application review and approval process.

(2) Consolidated project review may combine the following actions into a single permit: short subdivisions, conditional use permits, variance permits, subdivisions, shoreline substantial development, shoreline variances, and shoreline conditional use permits, and environmental review as required by this code.

(3) Consolidated project review is subject to all the requirements of this code and other applicable regulations.

(4) Consolidated project review for permits, each of which require only approvals by the administrator, shall be conducted jointly as follows:

(a) Individual permits will be reviewed incorporating all the requirements in this code and other applicable regulations;

(b) The applicant will be issued a written decision to approve, approve with conditions or deny the permit action not more than thirty days after the applicant has been provided with a determination of completeness; and

(5) Consolidated project review combining any subdivision with a conditional use permit, variance permit, shoreline substantial development conditional use permit, and/or code amendment shall be conducted as follows:

(a) The land use hearing examiner shall hold an open record public hearing within thirty days after the administrator receives a completed application to obtain comments from city staff, the public, and/or other agencies on the proposed permits. The land use hearing examiner shall make a recommendation to the city council within fourteen days of the public meeting;

(b) The city council shall conduct a public meeting to consider the land use hearing examiner recommendation and evaluate the proposed permit(s) as required in this code;

(c) The city council shall issue a final decision to approve, approve with conditions, or deny the consolidated application not later than thirty days from the date of the public hearing; and

(d) Decisions may be appealed to superior court within twenty-one days of the issuance of the decision.

(6) Consolidated project review combining any conditional use permit, including any shoreline conditional use permit, with any variance, including any shoreline variance, together with any other permit identified in subsection (2) of this section, shall be conducted as follows:

(a) The land use hearing examiner shall hold an open record public meeting no less than thirty days after the issuance of the determination of completeness to obtain comments from city staff, the public, and/or other agencies on the proposed permits. The land use hearing examiner shall make a decision on the application within fourteen days of the open record public hearing;

(b) Except for shoreline permit decisions that are subject to review by the shoreline hearings board under RCW 90.58.140 and WAC 173-27-220, such consolidated project permit decisions of the land use hearing examiner may be appealed to superior court within twenty-one days of the issuance of the decision.

(7) For any consolidated project permit decisions that include shoreline permit decisions, the time requirements of WAC 173-27-090 shall apply to all of the project’s consolidated permits and shall supersede any other permit time requirements of this title. (Ord. 19-09 § 1, 2019; Ord. 06-25 § 3, 2006; Ord. 06-07 § 3, 2006; Ord. 04-07 § 31, 2004).

10.07.120 Variance permits.

(1) A variance permit provides a property owner relief when a strict application of the zoning requirements would impose unusual practical difficulties or unnecessary physical hardship on the applicant because special conditions or practical difficulties exist. Practical difficulties and unnecessary hardship may result from the:

(a) Size, shape, or dimensions of a site or the location of existing structures thereon; or

(b) Geographic, topographic, or other considerations on the site or in the immediate vicinity.

(2) The land use hearing examiner shall review all applications for variance permits, conduct an open record public hearing, consider written and oral testimony, and make a decision to approve, approve with conditions, or deny an application. The land use hearing examiner shall not grant a variance permit unless it meets the following conditions:

(a) The variance permit will be in harmony with the intent of this code and will not be injurious to the property or improvements in the vicinity and zoning district or its public health and safety;

(b) The variance permit is necessary because of special circumstances relating to the size, shape, topography, location, or surroundings of the property which preclude reasonable use and are not the result of an applicant’s actions;

(d) The variance permit will not confer a special privilege to the applicant not available to other properties in the same zoning district.

(3) In granting any variance permit, the land use hearing examiner may attach any conditions to the permit deemed necessary to mitigate any possible adverse impacts created by the proposed use. The land use hearing examiner may require any guarantees and evidence that the applicant will comply with such conditions.

(4) No use shall be allowed to vary from the provisions in this code until the land use hearing examiner grants a variance permit.

(5) The decision of the land use hearing examiner shall be final and conclusive after twenty-one days of the notice of decision unless appealed to superior court.

(6) An applicant granted a variance permit must complete all associated construction activities within one year of the notice of decision. Failure to meet this requirement shall render the variance permit void. (Ord. 06-25 § 4, 2006; Ord. 06-07 § 4, 2006; Ord. 04-07 § 32, 2004; Ord. 00-09 § 5, 2000. Formerly 10.07.030).

10.07.130 Conditional use permits.

(1) The purpose of this section is to establish the procedures for granting conditional use permits for uses described in HMC 10.03.090(3). The land use hearing examiner may not grant a conditional use permit for uses not specifically listed in HMC 10.03.090(3).

(2) It is recognized that certain uses possess unique and special characteristics with respect to their location, design, size, method of operation, circulation, and/or public facilities. Therefore, the land use hearing examiner may impose reasonable conditions on an applicant relating to a conditional use permit to protect the public health, safety and welfare and the best interests of the surrounding property owners or neighborhood. The land use hearing examiner may also require guarantees and evidence to ensure that the applicant complies with such conditions. In determining any conditions applied to the granting of a conditional use permit, the land use hearing examiner shall consider the following impacts by the application:

(a) Environmental hazards and pollution;

(b) Traffic hazards and congestion;

(d) Location and amount of off-street parking;

(e) Visual and auditory impacts;

(f) Obtrusive visual blight; and/or

(g) Any other unusual impact associated with the proposed conditional use.

(3) Issuance of a conditional use permit shall not allow a variation from any of the specific or general provisions of this code.

(4) The land use hearing examiner shall review all applications for conditional use permits, conduct an open record public hearing, consider written and oral testimony, and make a decision to approve, approve with conditions, or deny an application.

(5) The land use hearing examiner will issue a decision to approve, approve with conditions or deny the application for a conditional use permit not later than seven days after the close of the open record public hearing.

(6) The decision of the land use hearing examiner shall be final and conclusive after twenty-one days of the notice of decision unless appealed to superior court.

(7) An applicant granted a conditional use permit must complete all associated construction activities within one year of the notice of decision. Failure to meet this requirement shall render the conditional use permit void. (Ord. 06-25 § 5, 2006; Ord. 06-07 § 5, 2006; Ord. 04-07 § 33, 2004; Ord. 00-09 § 5, 2000. Formerly 10.07.040).

10.07.140 Comprehensive plan amendment or code amendment.

(1) The city may amend the text and official zoning map to this code whenever public necessity, convenience, and general welfare require such action.

(2) An amendment may be initiated by:

(a) Application by one or more owners of property within the corporate boundaries of the city of Hoquiam;

(b) Resolution of the city council requesting the planning commission to set the matter for hearing; or

(a) The planning commission shall hold an open public meeting on a comprehensive plan or code amendment within forty-five days of the passage of a resolution by the city council or the receipt of a completed application by the administrator. The city shall provide public notice as provided in HMC 10.07.070(1).

(b) The planning commission shall review the application for an amendment, take public testimony, review written testimony, and forward a recommendation for approval or denial to the city council within fourteen days of completing the open public meeting.

(4) City Council Review. The city council shall schedule at their next public meeting a date for an open record public hearing to consider the planning commission’s recommendation. Upon closing the open record public hearing, the city council shall issue the notice of decision to approve, disapprove, or refer back to the planning commission within fourteen days.

(5) Appeal. The decision of the city council shall be final and conclusive after twenty-one days of the notice of decision unless appealed to superior court. (Ord. 16-05 § 2, 2016; Ord. 10-25 § 26, 2010; Ord. 06-25 § 6, 2006; Ord. 06-07 § 6, 2006; Ord. 04-07 § 34, 2004; Ord. 00-09 § 5, 2000. Formerly 10.07.050).

10.07.150 Enforcement.

(2) The administrator, or his/her designee, has authority to secure voluntary correction agreements, issue notices of civil violation, and conduct abatements under this section.

(3) The administrator shall attempt to secure voluntary correction by the person responsible for the violation before issuing any notice of civil violation through the use of a voluntary correction agreement.

(a) A voluntary correction agreement shall include the following information:

(i) The name and address of the person responsible for the violation;

(ii) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

(iii) A description of the violation and a reference to the regulation that has been violated;

(iv) The necessary corrective action to be taken, and a date or time by which correction must be completed;

(v) An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;

(vi) An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses (including attorney’s fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this code from the person responsible for the violation if the terms of the voluntary correction agreement are not satisfied; and

(vii) An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to a hearing before the municipal court under this section, regarding the matter of the violation and/or the required corrective action.

(b) Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing before the municipal court under the UDC or otherwise, regarding the matter of the violation and/or the required corrective action.

(c) The administrator may grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions.

(d) The city may abate the violation if the person fails to meet the terms of the voluntary correction agreement.

(e) If the terms of the voluntary correction agreement are not met, the city shall assess the person responsible for the violation a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement.

(f) The monetary penalty for each violation per day or portion thereof shall be five hundred dollars.

(4) When the administrator determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, pursuant to subsection (3) of this section, the administrator may issue a notice of civil violation to the person responsible for the violation.

(a) The administrator may issue a notice of civil violation without having attempted to secure voluntary correction as provided in subsection (3) of this section under the following circumstances:

(i) When an emergency exists; or

(ii) When a repeat violation occurs; or

(iii) When the violation creates a situation or condition which cannot be corrected; or

(iv) The administrator cannot contact the person or the person refuses to communicate or cooperate with the city in correcting the violation.

(b) The notice of civil violation shall include the following:

(i) The name and address of the person responsible for that violation;

(ii) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;

(iii) A description of the violation and a reference to the provision(s) of the city regulation(s) that has been violated;

(iv) The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition;

(v) The date, time and location of an appeal hearing before a judge, judge pro tem, or commissioner of the municipal court which will be at least twenty days but no more than sixty days from the date the notice of civil violation is issued, unless such date is continued by the municipal court for good cause shown;

(vi) A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, other than the municipal court filing fee, if the administrator approves the completed, required corrective action prior to the hearing; and

(vii) A statement that the costs and expenses of abatement incurred by the city and a monetary penalty in an amount per day for each violation may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the municipal court.

(c) The administrator shall serve the notice of civil violation upon the person responsible for the violation, either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address. If the administrator cannot contact the person responsible for the violation personally, or if the administrator cannot ascertain an address for mailed service, the administrator shall serve notice by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person affecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.

(d) The administrator, or by order of the municipal court, may grant extensions of the time specified in the notice of civil violation for correction of the violation.

(e) The monetary penalty for each violation per day or portion thereof shall be five hundred dollars.

(f) Payment of a monetary penalty pursuant to this code does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.

(g) The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city within ten calendar days from the date of mailing of the municipal court’s decision or a notice from the city that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property. The city attorney is authorized to take appropriate action to collect the monetary penalty.

(5) A person issued a notice of civil violation by the administrator shall appear before the municipal court not less than twenty calendar days nor more than sixty calendar days after issuance of the notice of civil violation. The administrator or the municipal court may grant continuances for good cause shown.

(a) The administrator may cancel the hearing and assess no monetary penalty, other than the municipal court filing fee, if the administrator approves the completed required corrective action before the scheduled hearing.

(b) The municipal court shall conduct a hearing on the civil violation pursuant to the then-current applicable rules of civil procedure for courts of limited jurisdiction. The administrator and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable under the circumstances. The municipal court shall accord substantial weight to the determination of the administrator as to reasonableness of the need for the required corrective action.

(c) The municipal court shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable under the circumstances, and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions. The municipal court shall issue an order to the person responsible for the violation that contains the following information:

(i) The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

(ii) The required corrective action;

(iii) The completion date and time for correcting the violation;

(iv) The monetary penalties assessed; and

(v) The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

(d) The municipal court shall have the following options in assessing monetary penalties:

(i) Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or

(ii) Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the municipal court and thereafter; or

(iii) Assess less than the established monetary penalty set forth; or

(iv) Assess no monetary penalties.

(e) In determining the monetary penalty assessment, the municipal court shall consider the following factors:

(i) Whether the person responded to staff attempts to contact the person, and cooperated to correct the violation;

(ii) Whether the person failed to appear at the hearing;

(iii) Whether the violation was a repeat violation;

(iv) Whether the person showed due diligence and/or substantial progress in correcting the violation;

(v) Whether a genuine, “close call” code interpretation issue exists; and

(vi) Any other relevant factors.

(f) If the person to whom the notice of civil violation was issued fails to appear without lawful excuse at the scheduled hearing, the municipal court will enter an order with findings and assess the appropriate monetary penalty. The city may enforce the municipal court’s order and recover all related expenses, including attorney’s fees, plus the costs of the hearing and any monetary penalty from that person.

(6) The administrator may abate a condition that was caused or continues to be a civil violation when the terms of voluntary correction agreement pursuant to subsection (3) of this section have not been met, or a notice of civil violation has been issued pursuant to subsection (4) of this section and a hearing has been held pursuant to subsection (5) of this section and the required correction has not occurred as specified in the municipal court’s order. In such cases, the following abatement provisions shall apply:

(a) Using any lawful means, the city may enter upon the subject property and may remove or correct the condition that is subject to abatement. The city may seek such judicial process as necessary to remove or correct the condition.

(b) The city shall bill all costs for correcting the violation to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or control of the property. The bill shall become due and payable to the city within ten calendar days. In addition, the city may bill the person responsible for the violation all incidental expenses including, but not limited to: personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property.

(c) Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the violation in the performance of duties imposed by this section, shall be guilty of a misdemeanor punishable by imprisonment not exceeding ninety days and a fine not exceeding one thousand dollars.

(d) The city council may impose a lien for any monetary penalty, the cost of any abatement proceedings under this section, and all other related costs including attorney and expert witness fees against the real property on which the monetary penalty or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity. The procedures for imposing such lien are as follows:

(i) The city council shall instruct the administrator to file for record a claim for lien within ninety days from the date that the monetary penalty is due, the date the work is completed, or the nuisance abated.

(ii) The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the applicable department director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(iii) Any such claim of lien shall be verified by the administrator, and may be amended from time to time to reflect changed conditions.

(iv) No such liens shall bind the affected property for a period longer than five years without foreclosure or extension agreed to by the property owner.

(7) Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. The administrator shall give notice of such abatement, including the reason, to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.

(8) The provisions of this code are not exclusive, and may be used in addition to other enforcement provisions authorized by the Hoquiam City Code except as precluded by law.

(9) In the event of a conflict between this code and any other provision of the Hoquiam City Code providing for a civil penalty, this code shall control. (Ord. 04-07 § 35, 2004; Ord. 00-09 § 5, 2000. Formerly 10.07.060).