A.

It is a violation of KMC title 15 and/or 16 and/or this title for any person to initiate, maintain, or cause to be initiated or maintained, the use of any structure, land or property within the city without first obtaining the permits or authorizations required for the use by the aforementioned codes.

B.

It is a violation of KMC title 15 and/or 16 and/or this title for any person to use, construct, locate, demolish or cause to be used, constructed, located or demolished, any structure, land or property within the city in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the aforementioned codes, provided that the terms or conditions are explicitly stated on the permit or the approved plans.

C.

It is a violation of KMC title 15 and/or 16 and/or this title to:

1.

Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter and the aforementioned codes;

2.

Misrepresent any material fact in any application, plans, or other information submitted to obtain any building or construction authorization;

3.

Fail to comply with any of the requirements of title 15 and/or 16 and/or this title, or any permit or authorization issued thereunder.

D.

Subdivision violations.

1.

Any person, firm, corporation or association or any agency of any person, firm, corporation or association who violates any provision of title 16 KMC, or any authorization or approval issued thereunder, relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land, shall be guilty of a gross misdemeanor and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of title 16 KMC or authorization or approval issued thereunder shall be deemed a separate and distinct offense.

2.

Whenever land within a subdivision granted final approval is used in a manner or for a purpose which violates any provision of KMC title 16, or any term or condition of plat approval, then the city council may direct the city attorney to commence an action to restrain and enjoin such use and compel compliance with the provisions of title 16 or with such terms and conditions of plat approval. The costs of such action shall be taxed against the violator.

(Code 2020, § 17.10.002; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 5, 2004)

A.

The code enforcement officer is designated to administer and enforce this chapter. The code enforcement officer may call upon the police, building or other appropriate city departments to assist in enforcement. As used in this chapter, the term "code enforcement officer" shall also mean his or her duly authorized representative.

B.

Upon presentation of proper credentials, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by KMC titles 15 and 16 and this title.

C.

This chapter is 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.

D.

It is the intent of this chapter to place the obligation of compliance with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of KMC titles 15 and 16 and this title.

E.

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

(Code 2020, § 17.10.004; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 6, 2004)

A.

Investigation. The code enforcement officer shall investigate any structure or use which the officer reasonably believes does not comply with the standards and requirements of KMC title 15 and/or 16 and/or this title.

B.

Notice of violation. If, after investigation, the code enforcement officer determines that the standards or requirements of KMC title 15 and/or 16 and/or this title have been violated, the officer may serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

1.

A separate statement of each standard, code provision or requirement violated;

2.

What corrective action, if any, is necessary to comply with the standards, code provision or requirements;

3.

A reasonable time for compliance;

4.

A statement that (for zoning code violations), if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in KMC section 17.10.018.

C.

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 is unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon such person may be made by:

1.

Publishing the notice once each week for two consecutive weeks in the city's official newspaper; and

2.

Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or, if unknown, to the address of the property involved in the proceedings.

D.

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

E.

Other actions may be taken. Nothing in this chapter shall be deemed to limit or preclude any action or proceeding taken pursuant to KMC section 17.10.010, 17.10.012, 17.10.016, 17.10.018 or 17.10.020.

F.

Optional notice to others. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units 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.

G.

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

1.

Correct clerical errors; or

2.

Cite additional authority for a stated violation.

(Code 2020, § 17.10.006; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 7, 2004)

A.

Determination of time. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

1.

The type and degree of violation cited in the notice;

2.

The stated intent, if any, of a responsible party to take steps to comply;

3.

The procedural requirements for obtaining a permit to carry out corrective action;

4.

The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

5.

Any other circumstances beyond the control of the responsible party.

B.

Order becomes final unless appealed. Except for notices of violation citing criminal penalties, the notice of violation shall become final, unless an appeal is filed with the city council in accordance with KMC section 17.10.016. There is no administrative appeal to the city council of a notice of violation citing criminal penalties. A copy of the notice or order may be filed with the county auditor against the property, to provide notice to any subsequent purchasers. The code enforcement officer 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 condition of the property other than the owner.

(Code 2020, § 17.10.080; Ord. No. 1112, § 5, 2002)

Whenever a continuing violation of this Code will materially impair the code enforcement officer's ability to secure compliance with title 15 and/or 16 and/or this title or this chapter, or when the continuing violation threatens the health or safety of the public, the officer may issue a stop work order specifying the violation and prohibiting any work or other activity on the site. In addition, the stop work order shall contain all of the elements of a notice of violation.

(Code 2020, § 17.10.010; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 8, 2004)

Whenever any use or activity in violation of KMC title 15 and/or 16 and/or this title threatens the health and safety of the occupants of the premises or any member of the public, the code enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall include all of the elements of a notice of violation and shall be posted in a conspicuous place on the property. A failure to comply with an emergency order shall constitute a violation of this chapter.

Any condition described in the emergency order which is not corrected within the time specified in the order is hereby declared to be a public nuisance, and the code enforcement officer shall work together with the city attorney to abate such public nuisance under all available means. The cost of such abatement shall be recovered from the owner or person responsible or both, in the manner provided by law.

(Code 2020, § 17.10.012; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 9, 2004)

A.

Notice of violation (criminal penalties). There is no administrative appeal of a notice of violation issued pursuant to this chapter which subjects the violator to criminal prosecution and the imposition of criminal penalties.

B.

Notice of violation (civil penalties). Any person significantly affected by or interested in a notice of violation issued by the code enforcement officer pursuant to this chapter which subjects the violator to civil prosecution may obtain an appeal of the notice by requesting such appeal within 15 calendar days after service of the notice. When the last day of the period so computed is Saturday, Sunday or a city 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 code enforcement officer shall forward the request to the city clerk-treasurer for consideration by the hearing examiner.

C.

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

1.

Sustain the notice of violation;

2.

Withdraw the notice of violation;

3.

Continue the review or appeal to a date certain for receipt of additional information; or

4.

Modify the notice of violation, which may include an extension of time for compliance as set forth in the notice of violation.

D.

The hearing examiner shall issue a decision within 21 days of the date of the completion of the appeal, and shall cause the same to be mailed by regular first class mail to the person named on the notice of the violation, mailed to the violator and appellant (if different from the violator). If the notice of violation or order has been filed with the county auditor, the city shall record the decision with the county auditor.

E.

The hearing examiner's decision is the final decision of the city and no administrative appeal of the hearing examiner's decision is allowed. In order to appeal the hearing examiner's decision, a person withstanding to appeal must file a land use petition to the court as provided in chapter 36.70C RCW.

(Code 2020, § 17.10.014; Ord. No. 1112, § 5, 2002)

A.

In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of KMC title 15 and/or this title shall be subject to a cumulative penalty in the amount of $50.00 per day for each violation from the date set for compliance until compliance with the notice of violation or order is achieved.

B.

The penalty imposed by this section shall be collected by civil action brought in the name of the city. The code enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall take appropriate action.

C.

The violator may show as full or partial mitigation of liability:

1.

That the violation giving rise to the action was caused by the willful act, or neglect or abuse of another;

2.

That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the violator.

(Code 2020, § 17.10.016; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 10, 2004)

A.

Any person violating or failing to comply with any of the provisions of this title and who has had a judgment entered against him or her pursuant to this chapter or its predecessors within the past five years shall be subject to criminal prosecution and upon conviction of a subsequent violation, shall be fined in a sum not exceeding $5,000.00 or be imprisoned for a term not exceeding one year or be both fined and imprisoned. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense.

B.

The criminal penalty set forth in subsection A of this section may also be imposed:

1.

For any other violation of this title for which corrective action is not possible; and

2.

For any willful intentional, or bad faith failure or refusal to comply with the standards or requirements of KMC title 15 and/or this title.

(Code 2020, § 17.10.018; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 11, 2004)

The city may also seek other legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of KMC title 15 and/or 16 and/or this title when civil or criminal penalties are inadequate to effect compliance.

(Code 2020, § 17.10.020; Ord. No. 1112, § 5, 2002; Ord. No. 1138, § 12, 2004)