The ordinance codified in this title is the city of Oakville Unified Development Code and may be cited as the "UDC."

(Ord. 560 § 2(part), 2007).

The provisions of this title are the minimum requirements adopted to promote the health, safety, and general welfare of the city of Oakville. Such requirements are necessary to achieve the following specific purposes:

A.

Encourage land use decisionmaking in accordance with the public interest, protection of private property rights, the public good, and applicable laws of the state of Washington;

B.

Protect the general public health, safety, and welfare and encourage orderly economic development;

C.

Implement the Oakville comprehensive plan goals and policies through land-use and other regulations;

D.

Provide for the economic, social, and aesthetic advantages of orderly development through harmonious groupings of compatible and complementary land uses and the application of appropriate development standards;

E.

Provide for adequate public facilities and services in conjunction with development; and

F.

Promote general public safety by regulating development of lands containing physical hazards and to minimize the adverse environmental impacts of development.

This includes the requirements and procedures for:

A.

Appeals of administrative decisions;

B.

Building permits;

C.

Variance permits;

D.

Conditional use permits;

E.

Temporary use permits;

F.

Critical areas permits;

G.

Amendments to this title; and

H.

Enforcement.

(Ord. 560 § 2(part), 2007).

A.

These provisions are adopted under and pursuant to authority granted by the planning and zoning in code cities (Chapter 35A.63 RCW) and the Growth Management Act (Chapter 36.70A RCW).

B.

The administrator shall have the authority to develop and issue such rules and regulations as may be necessary to administer the provisions of this chapter. Any such rule or regulation shall be submitted in writing to the city council as an item upon the written agenda of a regular meeting of the council no less than thirty calendar days prior to its anticipated effective date; provided that, the administrator may propose and the council may authorize an effective date earlier than the thirty days otherwise required. If during that period the city council either rejects or suspends the effective date, the rule or regulation shall not go into effect until approval by the city council.

Such rules and regulations issued by the administrator as go into effect shall be kept on file in the office of the clerk-treasurer and at such other location within the city's offices as the administrator may authorize. They shall be available to the public upon request.

(Ord. 560 § 2(part), 2007).

No building, structure, or use shall be demolished, erected, reconstructed, altered, enlarged, remodeled or relocated, and no building, structure, or premises shall be used in any zoning district except in compliance with the UDC, and then only after securing all required permits. Any building, structure, or use lawfully existing at the time of passage of the UDC, although not in compliance therewith, may be maintained as provided in Chapter 17.32, Nonconforming Uses, Lots, and Structures. One detached out building contain no more than one hundred twenty square feet, having no more than one story, and not constructed for occupancy is allowed per lot in a two-year period without a permit.

(Ord. 560 § 2(part), 2007).

A.

Review. The administrator shall review and resolve any questions involving the proper interpretation or application of the provisions of the UDC. The administrator's decision shall conform to the letter of the UDC and with the spirit and intent of the comprehensive plan. Any person may appeal the interpretation or decision of the administrator in accordance with Section 17.04.160 of the UDC.

B.

Minimum Requirements. When interpreting and applying the regulations of the UDC, its provisions shall be the minimum requirements unless otherwise stated. Whenever the regulations of the UDC are at variance with the requirements of any other lawfully adopted rule, regulation, or ordinance of the city, then the most restrictive of these provisions, or the provision imposing the highest standards as the case may be, shall apply.

C.

As to any decision made under the provisions of this code which is subject to the provisions of the Land Use Petition Act (RCW 36.70C), as now existing or hereafter amended or succeeded, that date upon which that decision shall be deemed to have been issued upon the date calculated as set forth in that Act and any appeal taken within the time period set by that act, regardless of any provision of this code to the contrary.

D.

If other provisions of the code establish specific procedures to be followed in terms or receipt, consideration, and decision for a particular matter, those specific procedures shall control over the general procedures set forth in Sections 17.04.100 through 17.04.160.

(Ord. 560 § 2(part), 2007).

Any amendments adopted hereafter to the extent they relate to zoning classification of land or the allowed uses thereof, shall be reasonably consistent with the Oakville comprehensive plan as required by Section 35A.63.105, of the Revised Code of Washington.

(Ord. 560 § 2(part), 2007).

If any section, subsection, sentence, clause, or phrase of the UDC or its application to any person or circumstance is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of the UDC nor the application of that provision to other persons or circumstances.

(Ord. 560 § 2(part), 2007).

A waiver or failure to enforce any part of the UDC or any goal or policy in the Oakville comprehensive plan by the city of Oakville or any of its agents shall not constitute a waiver of any other part of the code or Oakville comprehensive plan, nor shall such a waiver or failure to enforce constitute a future or continuing waiver of the specific part that was waived or not enforced.

(Ord. 560 § 2(part), 2007).

A.

Applications for appeal of administrative decisions, building permits, variances, conditional use permits, temporary use permits, and amendments to the UDC are available at the Oakville City Hall from the city clerk-treasurer.

B.

The applicant shall designate a single person or entity to receive all determinations and notices.

(Ord. 560 § 2(part), 2007).

A.

As to applications not covered pursuant to Section 17.04.110 and not processed under the provisions of building code, the administrator may schedule a permit application conference with an applicant not later than fifteen working days after receiving an applicant's application to:

1.

Review the application for completeness and compliance with provisions of this title and any other applicable city laws or regulations;

2.

Provide an exchange of information regarding the application, city regulations, requirements, and procedures;

3.

Identify any additional information required to make the application complete; and

4.

For such other purposes as may be deemed appropriate.

B.

The administrator may invite the city designated engineer or other city designated representatives, as deemed appropriate, to the application conference.

C.

If the applicant fails to attend the permit application conference and the administrator determines the application incomplete, the administrator may notify the applicant in accordance with Section 17.04.110 that the application is deemed incomplete or for the need for additional materials. In the event of such a notice, the application will be considered withdrawn if the applicant fails to reschedule an application conference with the administrator within fifteen working days of the issuance of the notification or request for additional materials.

(Ord. 560 § 2(part), 2007).

The administrator shall review all applications for variance permits, conditional use permits, temporary use permits, rezone requests, requests relating to the division of land, and amendments to the provisions of the UDC relating to zoning. The procedures for determining the completeness of applications are as follows:

A.

Within fifteen working days after receiving the application, the administrator shall mail or provide a written determination to the applicant stating either that the permit application is complete or incomplete, and if incomplete, what is necessary to make the application complete.

B.

If the applicant fails to provide the additional information, as requested, within sixty days, the application will be considered as withdrawn by the applicant.

C.

Within fifteen working days after the applicant has submitted additional information identified by the administrator as being necessary for a complete application, the administrator shall notify the applicant whether the application is complete or what additional information is necessary.

D.

The city of Oakville shall deem an application complete if the administrator issues a determination of completeness.

(Ord. 560 § 2(part), 2007).

Upon receipt of a completed application for a variance permit, conditional use permit, temporary use permit, or a petition for rezoning filed by the property owner, the administrator will provide a notice of application to public agencies with jurisdiction and parties requesting notice at least fifteen days prior to the public hearing on an application; provided that, unless such waiver is prohibited by mandate of state law, in the land use hearing examiner's sole discretion, the notification and this time period may be waived.

A notice of application shall include the following information:

A.

Date of receipt of the application by the city, date of determination of completeness, and date of notice of application;

B.

Description of application including common location description and legal description;

C.

To the extent applicable, SEPA threshold decision and the location of any environmental documents or additional studies available for public review;

D.

The identification of other known permit applications related to the application;

E.

If applicable, a statement of the public comment period, which shall be not less than fifteen or more than thirty days after the receipt of a completed application;

F.

If applicable, the date, time, and place of the public hearing on the application; and

G.

Such other information as may be required by the administrator.

(Ord. 560 § 2(part), 2007).

A.

Within fifteen working days, after the administrator deems an application is complete, the administrator shall forward a copy of the completed documentation in relation to an application to the city clerk-treasurer. The city clerk-treasurer will distribute materials to the persons designated by the applicable provisions of this code, which may include the hearing examiner, mayor, city council and other interested parties as designated by the mayor.

B.

Upon receipt of the completed documentation, the clerk-treasurer, in association with the hearing examiner when appropriate, shall go forward with scheduling of any required public hearing and the giving of all required public notices, whether by publication or otherwise.

(Ord. 560 § 2(part), 2007).

A.

The city shall require public notice for all applications for rezones, variances, conditional use permits, and temporary use permits. The city shall give public notice at least fifteen days before the public hearing to consider an application in the following manner:

1.

Posting a waterproof sign on the subject site in a conspicuous place and visible to the public which states the type of permit and the date, time, and place of the public hearing; and if a notice of application is required,

2.

Publishing the notice of application in the official newspaper of record in Grays Harbor County; and

3.

Mailing the notice of application to all property owners of record within two hundred feet of the exterior boundaries of the subject property.

B.

The city shall require public notice for all applications for appeals of administrative decisions and temporary use permits at least fifteen days before the public hearing by publishing the notice of application in a newspaper of general circulation in the area where the proposal is located.

(Ord. 560 § 2(part), 2007).

In making a decision for any application for an appeal of administrative decision, variance permit, conditional use permit, temporary use permit, or amendment to the UDC, the city shall provide to the applicant and to any person who requested written notice comments on the application before the decision, a written notice of decision that includes the following:

A.

The decision and any findings and conclusions adopted as part thereof; and

B.

Procedures for appeal.

(Ord. 560 § 2(part), 2007).

Any person aggrieved by orders, recommendations, permits, decisions, or determinations made by a city official in the administration or enforcement of the zoning ordinance may appeal such decision to the land use hearing examiner within ten days of such decision. The land use hearing examiner shall:

A.

Conduct an open record hearing after receiving the appeal and issue a written decision after the close of the public hearing.

B.

The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

(Ord. 560 § 2(part), 2007).

A.

A variance permit provides a property owner relief when a strict interpretation of the OMC and Oakville UDC would impose unusual, practical difficulties or unnecessary hardships on the applicant. Unusual, practical difficulties or unnecessary hardships may result from special circumstances relating to the size, shape, topography, critical areas, location of existing structures, or surroundings of the property that preclude reasonable use and are not the result of the applicant's actions.

B.

The land use hearing examiner shall conduct a public hearing on the variance permit application at least fifteen days after the city gives public notice. The variance permit application shall meet the following conditions for approval:

1.

The variance permit is necessary because unusual, practical difficulties or unnecessary hardships exist for the applicant;

2.

The variance permit will be in harmony with the intent of the UDC and the Oakville comprehensive plan;

3.

The variance permit is for the minimum necessary adjustment to allow reasonable use of the property; and

4.

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

C.

Upon completion of the hearing, the examiner shall issue a written report, including findings, conclusions, and recommendation, and forward to the city council. Upon receipt, the council shall consider the matter at a regular meeting after giving written notice to the applicant and any person who has requested such notice. The hearing shall be a closed record hearing.

After its hearing on the matter, the council may adopt, modify, or reject the findings, conclusions, and recommendations provided by the hearing examiner.

D.

In granting any variance permit, the council may attach conditions to the permit necessary to mitigate any possible adverse impacts.

E.

The decision of the council shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

F.

A variance permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. Variance permits for off-street parking shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any variance permit issued for a specific period shall become invalid after the expiration of that period.

G.

An approved variance permit, including all attached conditions and modifications, shall automatically transfer to all successors in interest to the applicant. The council may limit the right of transfer of the variance permit as a requirement of approval.

H.

An approved variance permit may be extended once for up to six months by the administrator upon such terms and conditions as may be deemed appropriate. The holder of the variance must apply in writing to the city of Oakville administrator no less than ten working days before the variance expires. Any extension that would extend the permit a second time or for more than six months shall be considered by the city council which may approve, disapprove, or condition any such extension.

(Ord. 560 § 2(part), 2007).

A.

Certain uses possess unique and special characteristics with respect to the location, design, size, method of operation, circulation, and/or demand on public facilities. The table of land uses (Table 17.16.020-1) in Section 17.16.010 lists such uses as conditional uses. The conditional use permit process reviews these uses to assure their compatibility with neighboring properties.

1.

Environmental hazards and pollution;

2.

Traffic hazards and congestion;

3.

Street and road capacities in the surrounding area;

4.

Location and amount of off-street parking;

5.

Visual and auditory impacts;

6.

Obtrusive visual blight; and/or

7.

Any other unusual impact associated with the proposed conditional use.

B.

The land use hearing examiner shall conduct a public hearing on the conditional use permit application at least fifteen days after the city gives public notice. The conditional use permit application shall meet the following conditions for approval:

1.

The use will not cause or allow conditions that create general nuisances or hazards to life or property;

2.

The use conforms to the Oakville comprehensive plan; and

3.

The use meets all conditions and requirements of the zone in which it proposes to locate, the UDC in general, and other city laws and requirements.

C.

In granting any conditional use permit, the land use hearing examiner may attach conditions to the permit necessary to mitigate any possible adverse impacts.

D.

The decision of the land use hearing examiner shall be final unless appealed to superior court within ten days or within such other time period as may be mandated by applicable state law.

E.

Subsequent Invalidity.

1.

A conditional use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. A conditional use permit shall be deemed to have been exercised by: (a) the obtaining of and compliance with any necessary building permit, including substantial completion of any required construction or, (b) for uses not requiring a building permit, either by substantial completion of any anticipated construction and/or by commencement of the use.

In either event, if all necessary construction is not completed within twelve months of the issuance of the permit or such other date as may be set forth in the permit and an extension is not requested as provided by subsection F of this section, the permit shall be deemed to have become invalid.

2.

Conditional use permits shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more.

3.

Any conditional use permit issued for a specific time period shall become null and void after the expiration of that time period unless an extension for a time certain is requested in the manner authorized under subsection F of this section.

F.

Extensions.

1.

A conditional use permit which would otherwise become invalid for noncompliance with subsection (E)(1) of this section may be extended for a period of up to one additional year upon approval of the city council so long as the holder of the conditional use permit files the written request for such extension with the office of the clerk-treasurer prior to the expiration of the permit. The request shall specify the bases for the necessity of the extension and the period of extension sought.

2.

A conditional use permit covered under the provisions of subsection (E)(3) of this section which would otherwise become invalid due to expiration of the granted term may be extended for such period as may be deemed appropriate by action of the city council under such conditions as may be deemed appropriate by the council so long as the holder of the conditional use permit files the written request for such extension with the office of the clerk-treasurer prior to the expiration of the permit. The request shall specify the bases for the necessity of the extension and the period of extension sought.

3.

The filing of any request for extension sought under either of the prior subsections shall not be deemed filed unless it meets the requirements set by the provisions of this code and is accompanied by the payment of such fees and costs as may be required by applicable provisions of this code and any implementing resolution. If an extension sought under either of the prior subsections is not granted, then the permit shall be deemed invalid as of the date of the denial of the request for extension; provided that, if a judicial appeal is taken of a decision made in relation to such request, it shall be taken within the time limits established by subsection B of this section and the permit shall remain valid until the exhaustion of such appeal. A conditional use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within one year of the effective date thereof. Conditional use permits shall become invalid if the approved use is abandoned or discontinued for any continuous period of one year or more. Any conditional use permit issued for a specific time period shall become null and void after the expiration of that time period.

G.

The original applicant of an approved conditional use permit may transfer it to any successors in interest and all special requirements shall continue in effect as long as the use continues. The land use hearing examiner may limit the right of transfer of the conditional use permit as a requirement of approval.

H.

A permit, other than for off-street parking, issued pursuant to the provisions of this section which would otherwise become invalid under subsection E of this section may be extended in the same manner as is provided for extension of a conditional use permit through utilization of and conditioned upon compliance with the process and requirements set forth in subsection F of this section.

(Ord. 560 § 2(part), 2007).

A.

Any use that will operate for more than twenty-four hours but less than thirty days is a temporary use and subject to a temporary use permit. Temporary uses are nonrecurring, limited in scope, intensity, and duration, and may locate in any zoning district. The property that a temporary use locates on will return, upon its conclusion, to its original condition or use.

B.

The following temporary uses are exempt from the temporary use permit process of this section:

1.

Garage or rummage sales conducted for a period not to exceed three days per event, but no lot shall be the site of more than four sales events in any one three hundred sixty-five day period;

2.

Contractor's offices, equipment storage sheds, and portable lavatories on site of a permitted active construction project for a duration not exceeding two years;

3.

Temporary events conducted for a period not exceeding three days per event and located on public property in any zoning district or on private property in the commercial (C) or industrial (I) zoning districts; and

4.

Farmer's markets and roadside produce stands in the commercial (C) or industrial (I) zoning districts.

C.

The administrator shall approve or deny all permit applications for any temporary use not exempt under subsection B of this section upon receiving a complete application. Any temporary use permit application must show evidence that it can meet the following conditions for approval:

1.

The proposed temporary use will not be detrimental to the public health, safety, or welfare, nor injurious to property or improvements in the immediate vicinity;

2.

The proposed temporary use is compatible with the purpose and intent of the Oakville comprehensive plan and all city laws and regulations;

3.

The location, days, and hours of operation are compatible with the surrounding area;

4.

Adequate parking and traffic control can be provided in a safe manner;

5.

Any structures proposed for the temporary use comply with applicable building and fire codes;

6.

The proposed temporary use will not cause noise, light, or glare which will cause unreasonable adverse impacts to surrounding land uses. No use shall be made of equipment or material which produces unreasonable vibration, noise, dust, smoke, odor, or electrical interference to the detriment of adjoining property;

7.

Any proposed use of public right-of-way is authorized by the city;

8.

The property on which the use is located will be returned to the condition it was in before the use. The time is specified for the removal of the temporary use and all physical evidence of the use, and by which time the property shall be completely restored to its previous condition;

9.

Evidence of financial responsibility in a form acceptable to the city council (such as a bond) may be required to assure compliance with the conditions of temporary use permit approval; and

10.

Access to restroom facilities shall be provided for temporary events. One facility per each one hundred attendees to an event.

D.

In granting any temporary use permit, the administrator may attach conditions to the permit necessary to mitigate any possible adverse impacts.

E.

The decision of the administrator shall be final unless appealed to the land use hearing examiner within ten working days.

F.

A temporary use permit shall become invalid if not exercised within the time prescribed in such permit, or, if the date is not specified, within six months of the effective date thereof.

(Ord. 560 § 2(part), 2007).

A.

The city council may amend the text of the UDC, including the city of Oakville zoning map, whenever public necessity, convenience, or general welfare require such action and the proposed amendment is consistent with the Oakville comprehensive plan in accordance with RCW 35A.63.105.

B.

Amendments to the text of the UDC may be initiated by:

1.

One or more owners of property within the corporate boundaries of the city of Oakville;

2.

A motion of the city council requesting the land use hearing examiner to set the matter for hearing; or

3.

A motion of the administrator.

C.

Upon the receipt of the request for a textual amendment by the office of the clerk-treasurer, the land use hearing examiner shall set a date for an open record public hearing on the request. The hearing shall be set to occur no sooner than twenty working days following the date of that meeting; provided that, if any applicable law, ordinance, rule, or regulation requires the utilization of different time parameters for the particular hearing, those parameters shall be utilized; provided still further that, the hearing date may be continued from the date set if the land use hearing examiner determines that good cause supports such action. Notice of the date and subject matter of the request shall be published in the official newspaper of the city no less than fifteen calendar days prior to the date of the hearing.

Upon completion of the open record hearing, the land use hearing examiner shall submit a written recommendation, including proposed findings and conclusions, to the city council as to the matters heard by it at its public hearing by filing it with the clerk-treasurer. This recommendation shall be tendered to the city council within sixty days after the close of the record; provided that, if any applicable law, ordinance, rule, or regulation requires the utilization of different time parameters for the particular submission, those parameters shall be utilized; provided still further that, the timing for submission may occur outside the time frames set forth above or continued from the date otherwise required if the land use hearing examiner determines that good cause supports such action.

Upon receipt of the land use hearing examiner's recommendation, the clerk-treasurer shall place the recommendation upon the agenda for the next regular meeting of the city council for commencement of consideration as set forth in subsection D of this section.

D.

Upon receipt of the land use hearing examiner's recommendation on the matter heard by the land use hearing examiner, the city council shall at the next regular meeting of the city council shall set a time and place for a closed record public hearing thereon and order public notice as herein provided. So long as the city council determines it has adequate information from the applicant and/or land use hearing examiner to make a decision, the city council shall take final action within sixty days after the date of the completion of the closed record public hearing held by it. The city council may issue its decision by passing an amendatory ordinance, by declining to amend, or by referring the matter back to the land use hearing examiner for further consideration. To the extent required by law, the city council shall issue written findings of fact and conclusions of law in relation to the decision it makes. Written notice of the action taken by the city council shall be transmitted by the clerk-treasurer to the administrator and/or to the applicant, if the matter was initiated by the filing of an application; provided that, for purposes of an appeal, the date of issuance of the city council's decision shall be determined as provided in RCW 36.70C.040(4), as now existing or hereafter amended or succeeded.

E.

The city council's decision shall be final unless an appeal is timely filed and perfected within ten days of the issuance of the notice of the decision provided for under subsection D of this section or, if applicable, within the time period set forth under the provisions of RCW 36.70C, as now existing or hereafter amended or succeeded, whichever shall be greater.

(Ord. 560 § 2(part), 2007).

A.

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

B.

The administrator, building official, code enforcement officer or designated authority has authority to secure voluntary correction agreements, issue notices of civil violation, and conduct abatements under this section. Voluntary correction actions shall not be implemented until approved by the city council.

C.

Unless the situation is found to require immediate action under subsection (E)(1) of this section, the administrator shall initiate any enforcement procedure by first notifying the person responsible for the violation by certified letter. The certified letter shall include the following information:

1.

The name and address of the person responsible for the violation;

2.

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;

3.

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

4.

The necessary corrective action to be taken, and a date or time by which correction must be completed.

D.

If the responsible person for the violation fails to take corrective action as provided in subsection C of this section, the administrator may attempt to secure voluntary correction before issuing any notice of civil violation through the use of a voluntary correction agreement.

1.

A voluntary correction agreement shall include the following information:

a.

The name and address of the person responsible for the violation;

b.

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

c.

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

d.

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

e.

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;

f.

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

g.

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

2.

Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing before the court, under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action, such document being deemed a stipulation to the facts in the event the matter is brought before a court of competent jurisdiction.

3.

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.

4.

The city may abate the violation if the person fails to meet the terms of the voluntary correction agreement. It may thereafter bring an action in a court of competent jurisdiction to recover the costs incurred by it in the abatement as well as the costs incurred in seeking recovery of the costs, including legal fees and costs.

5.

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.

6.

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

E.

When the administrator determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, pursuant to subsection C of this section, if such attempt has been made, the administrator may issue a notice of civil violation to the person responsible for the violation.

1.

The administrator, the city attorney, or an officer of the police department may issue a notice of civil violation without having attempted to secure voluntary correction as provided in subsection C of this section under the following circumstances:

a.

When an emergency exists; or

b.

When a repeat violation occurs; or

c.

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

d.

The administrator cannot contact the person or the person refuses to communicate or cooperate with the city in correcting the violation; or

e.

Such action is deemed appropriate under the circumstances.

2.

The notice of civil violation shall include the following:

a.

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

b.

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;

c.

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

d.

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;

e.

The date, time and location of a hearing before a judge or judge pro tem 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 court for good cause shown;

f.

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

g.

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 court; and

h.

Such other information as may be required by applicable court rule.

3.

The notice of civil violation shall be served upon the person responsible for the violation, either personally or by mailing a copy of the notice of civil violation by certified mail, return receipt requested, to such person at their last known address. If it is not reasonably possible to contact the person responsible for the violation personally or to ascertain an address for mailed service, the issuing official may 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.

4.

The administrator or, if required by applicable court rule, by order of the court, extensions of the time specified in the notice of civil violation for correction of the violation may be granted.

5.

The monetary penalty for each violation per day or portion thereof shall be five hundred dollars or such lesser amount as may be assessed by the court.

6.

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

7.

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 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.

F.

A person issued a notice of civil violation by the administrator shall appear before the court not less than twenty calendar days nor more than sixty calendar days after issuance of the notice of civil violation unless other times are established by applicable court rules in which event, the times within the court rule shall govern. The court may grant continuances for good cause shown.

1.

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

2.

The court shall conduct a hearing on the civil violation pursuant to the then-current applicable rules of procedure for courts of limited jurisdiction. The city 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 court shall accord substantial weight to the determination of the administrator as to reasonableness of the need for the required corrective action.

3.

The 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 court shall issue an order to the person responsible for the violation that contains the following information:

a.

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

b.

The required corrective action;

c.

The completion date and time for correcting the violation;

d.

The monetary penalties assessed; and

e.

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

4.

The court shall have the following options in assessing monetary penalties:

a.

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

b.

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

c.

Assess less than the established monetary penalty set forth; or

d.

Assess no monetary penalties.

5.

In determining the monetary penalty assessment, the court shall consider the following factors:

a.

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

b.

Whether the person failed to appear at the hearing;

c.

Whether the violation was a repeat violation;

d.

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

e.

Whether a genuine, "close call" code interpretation issue exists; and

f.

Any other relevant factors.

6.

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

G.

If the person responsible for the violation is not the property owner, the administrator shall notify by certified letter the property owner of record, as identified by the county assessor, of any action taken under subsection C, D, or E of this section.

H.

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 C of this section have not been met, or a notice of civil violation has been issued pursuant to subsection D of this section and a hearing has been held pursuant to subsection E of this section and the required correction has not occurred as specified in the court's order, or under any other circumstances allowed by law. In such cases, the following abatement provisions shall apply:

1.

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.

2.

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 is not limited to: personnel costs, both direct and indirect, and including attorneys' 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.

3.

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.

4.

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:

a.

The administrator shall cause a claim for lien to be filed for record within ninety days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.

b.

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.

c.

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

I.

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.

J.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Oakville City code or state law.

K.

In the event of a conflict between this chapter and any other provision of the Oakville City code or other city ordinance providing for a civil penalty, this chapter shall control.

(Ord. 560 § 2(part), 2007).

A.

The city council shall set by resolution fees for filing and processing applications, appeals of administrative decisions, variance permits, conditional use permits, temporary use permits, amendments, and any other applications or procedures under this chapter to reduce the city's cost for review, publication, hearing, consideration, and decision.

B.

The city will not accept an application for appeals of administrative decisions, variance permits, conditional use permits, temporary use permits, and amendments under this chapter unless accompanied by the fee set by the city council, if any.

(Ord. 560 § 2(part), 2007).