Hunts Point City Zoning Code

It is unlawful for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the town without first obtaining the permits or authorizations required for the use by the applicable provisions of HPMC Titles 17 and 18 and the town's shoreline master program.

It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the town in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions HPMC Title 17 or 18 or the shoreline master program.

In addition to the above, it is unlawful to:

The building official shall have the responsibility for enforcement of this chapter. The building official may call upon the police, fire, building, public works or other appropriate town departments to assist in enforcement. As used in this chapter, "building official" shall also mean his or her duly authorized representative.

This chapter shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons.

It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of HPMC Titles 17 and 18, and for compliance with the shoreline master program.

No provision of or any term used in this chapter is intended to impose any duty upon the town or any of its officers or employees which would subject them to damages in a civil action.

Investigation. The building official shall investigate any structure or use which the building official reasonably believes does not comply with the applicable standards and requirements of HPMC Title 17 or 18.

Notice of Violation. Whenever a building official or other official of the town has found or determined that any building, structure, premises, or land is being used or maintained in violation of HPMC Title 17 or 18 or the shoreline master program, the building official or town attorney may issue a notice of violation directed to the record owner of the violating property and to such other persons as may be causing or contributing to such violation. The notice of violation shall contain the following information:

Service. The notice shall be served on the owner, tenant or other person responsible for the condition, by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the building official makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to HPMC 18.60.007, Stop work order; 18.60.008, Emergency order; cease and desist order under the shoreline master program; criminal prosecution and/or for the additional and injunctive relief described in HPMC 18.60.010 through 18.60.030; or any other legal or equitable relief available under law.

Optional Notice to Others. The building official may mail, or cause to be delivered to any or all residential and/or nonresidential rental unit(s) in the structure or post at a conspicuous place on the property, a notice which informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

Amendment. A notice or order may be amended at any time in order to:

Determination of Time. When calculating a reasonable time for compliance, the building official shall consider the following criteria:

Order Becomes Final Unless Appealed. Unless an appeal is filed with the town administrator for hearing before the hearing examiner in accordance with HPMC 18.60.009(1), the notice of violation shall become the final order of the town. A copy of the notice shall be filed with the King County department of records and elections. The town administrator may choose not to file a copy of the notice or order if the notice or order is directed only to a person responsible for the violation, other than the owner of the property.

The person incurring the penalty described in a notice of violation issued by the building official pursuant to HPMC 18.60.005, except for violations of the shoreline master program, may request an appeal hearing within 15 calendar days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or town holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, the town administrator shall schedule an appeal hearing before the hearing examiner. Notice of the appeal shall be sent to the appellant and/or the person(s) named on the notice of violation under the procedures described in HPMC 18.60.005(3). The cumulative civil penalty provided for in the Hunts Point Municipal Code as now or hereafter amended shall not accrue during the pendency of an administrative appeal; however, if the examiner finds that the appeal is frivolous or intended to delay compliance with the applicable code provisions, the examiner may impose the per diem penalty from the date of service of the notice of violation.

Ten days' notice of the hearing before the examiner shall be given to the appellant.

At or after the appeal hearing, the hearing examiner may:

The hearing examiner shall issue a written decision within 10 days of the date of the completion of the review and shall cause the same to be sent to the person(s) named on the notice of violation under the same procedures described in HPMC 18.60.005, and mailed to the complainant, if possible, and filed against the property with the King County department of records and elections.

The decision of the hearing examiner shall be final and conclusive unless appealed according to the procedures in this section. In order to appeal the decision of the hearing examiner, a person with standing to appeal a decision must file a land use petition as provided in Chapter 36.70C RCW, within 21 days of the issuance of the hearing examiner's decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the appellant.

Civil Penalty.

Additional Relief. The town may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the applicable provisions of HPMC Title 18 when civil or criminal penalties are inadequate to effect compliance.

Penalties for shoreline master program violations shall not exceed $1,000 for each violation. Each day of violation shall constitute a separate violation.

Any person who, through an act of commission or omission, aids or abets in a violation, shall be considered to have committed a violation for the purposes of the civil penalty.

Civil penalties shall be imposed by a notice in writing, provided in compliance with HPMC 18.60.005(2).

Any person who is in violation of the shoreline master program may apply, in writing, within 30 days of receipt of the notice of penalty, for remission or mitigation of such penalty. Upon the receipt of the application, the town may remit or mitigate the penalty only upon demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty.

When a penalty is imposed jointly by the Department of Ecology and the town, it may be remitted or mitigated only upon such terms as both the Department and the town agree.

Appeal of Civil Penalty. Persons incurring a penalty may appeal the same to the hearing examiner and to the shorelines hearings board. Appeals to the shorelines hearings board are adjudicatory proceedings subject to the provisions of Chapter 34.05 RCW. Appeals shall be filed within 30 days of receipt of notice of penalty unless an application for remission or mitigation is filed. If such application is made, appeals shall be filed within 30 days of receipt of the decision regarding remission or mitigation.

Penalties Due. Penalties imposed under this section shall become due and payable 30 days after receipt of notice imposing the same unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable 30 days after receipt of the hearing examiner's decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable upon completion of all review proceedings and upon the issuance of a final decision confirming the penalty in whole or in part. If the amount of a penalty owed is not paid within 30 days after it becomes due and payable, the town shall take actions necessary to recover such penalty.