Pullman City Zoning Code
17.10 General
Administration and Enforcement
(1) Director of Community Development.
(a) The Director of Community Development or their designee is responsible for the administration, interpretation, and enforcement of all parts of this Title.
(b) The Director of Community Development is also the Chair of the Site Plan Review Committee.
17.10.010 Purpose.
This Chapter is to establish provisions pertaining to the administration and enforcement of this Title. It is the intent that all questions of interpretation and enforcement will first be presented to the Director of Community Development for resolution prior to seeking enforcement through litigation. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.020 Duties of Officials.
(1) Director of Community Development.
(a) The Director of Community Development or their designee is responsible for the administration, interpretation, and enforcement of all parts of this Title.
(b) The Director of Community Development is also the Chair of the Site Plan Review Committee.
(2) Director of Public Works. The Director of Public Works or their designee is responsible for providing engineering review of permit applications when such a review is needed, and for such other duties as described in this Title.
(3) Building Official. The Building Official is responsible for assuring that all building permits and Certificates of Occupancy are referred to the Director of Community Development, as required by PCC 17.10.040 and 17.10.050.
(4) General Duty. None of the provisions of this Title are intended to create a cause of action or provide the basis for a claim against the City, its officials, or employees for the performance or failure to perform a duty or obligation running to a specific individual or specific individuals. Any duty or obligation created herein is intended to be a general duty or obligation running in favor of the general public. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.030 Interpretations of this Title.
The Director of Community Development may, acting on their own initiative or in response to an inquiry, issue interpretations of any provision of this Title. The Director of Community Development will base their interpretations on the following:
(1) the defined or common meaning of the words of the provision;
(2) the general purpose of the provision; and
(3) the meaning of the provision in relation to the Comprehensive Plan. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.040 Building Permits.
Building permits are required by PCC Title 2, Construction Code.
(1) The Building Official will refer to the Director of Community Development all applications for building permits for new construction and for additions which increase the square footage of usable space.
(2) Upon receiving an application for a building permit, the Director of Community Development will review it and make any necessary field inspections to determine whether the proposed construction or addition complies with the Zoning Code. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.050 Certificate of Occupancy.
(1) No building hereafter erected, moved, enlarged, or changed in use will be occupied until a Certificate of Occupancy has been issued by the Building Official.
(2) Certificates of Occupancy for Conforming Uses, Buildings, and Structures.
(a) A Certificate of Occupancy will be issued only after such building, enlargement, or relocation has been completed in conformity with the provisions of this Title and any applicable permits and plans.
(b) Any use legally occupying an existing building at the time this Zoning Code becomes effective may be continued but must not be changed, unless a Certificate of Occupancy for the new use was issued by the Building Official after finding that the new use conforms to any required conditions of any applicable permits and plans, and the Director of Community Development finds that the new use conforms to this Title.
(c) Any transfer of ownership of the building or structure which does not involve a change of use will automatically transfer the Certificate of Occupancy to the new owner.
(3) Certificates of Occupancy for Nonconforming Uses, Buildings and Structures.
(a) The owner or authorized agent of any legal nonconforming use, building, or structure may, at any time, apply for a Certificate of Occupancy to continue as a nonconformity under the provisions of Chapter 17.30 PCC.
(b) No Certificate of Occupancy for a nonconforming use, building, or structure will be issued until the applicant demonstrates that the nonconformity existed on the effective date of this Title, or on the date when preceding versions of the City’s zoning regulations became effective as to such building, structure, land or use, or that the building, structure, land, or use was rendered nonconforming by an amendment to this Title subsequent to its effective date.
(c) A Certificate of Occupancy for a nonconformity will state how the property is nonconforming and the date when the property became nonconforming.
(d) Any transfer of ownership of the building or structure which does not involve a change of use will transfer the Certificate of Occupancy to the new owner. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.060 Fees.
All applications for permits, rezones, variances, site plan approvals, and appeals will be accompanied by the fees established by resolution of the Council. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.070 Right of Entry.
(1) Application Constitutes Permission for Entry. Application for any permit, Certificate of Occupancy, rezone, variance, site plan approval, or appeal grants permission for representatives of the City to enter on the property involved to make inspections necessary to permit review.
(2) Investigation of Potential Violations. The Director of Community Development may enter upon private property to investigate potential violations of this Title if they have a good faith belief that a violation exists on the property. Before entering upon private property, the Director of Community Development will present credentials to the owner or person in possession or charge of the property and request entry. If entry is refused, the Director of Community Development may use any lawful means to obtain entry. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.080 Violations.
(1) It is illegal for anyone to do something that goes against the rules in this Title, or for a property owner to allow anything that violates these rules to happen.
(2) It is also unlawful for any applicant or permittee to fail to perform any activity or obligation required by this Title.
(3) If a use or activity was allowed under old laws listed in Ordinance No. 87-9, Section 2, any current violation of the rules for that use or activity that is less strict than today’s laws will still be enforced according to the rules in this Title. (Ord. 25-08 §1 (Att. A), 2025; Ord. 87-9 §1, 1987).
17.10.090 Enforcement and Penalties.
When the Director of Community Development determines that a violation of this Title exists, they may proceed against that violation using the procedures provided in this Section.
(1) Initiation of Review. A review under this section may be initiated by:
(a) the Director of Community Development;
(b) a motion of the Council;
(c) any aggrieved person believing that a violation or violations of this Title is occurring by making a written complaint to the Director of Community Development.
(2) Review Procedure.
(a) The Director of Community Development will within 60 days after the written complaint or motion of the City Council complete an investigation of the alleged violation(s) to determine the merits thereof.
(b) Within 14 days after the Director of Community Development has completed the investigation, they will take the following action:
(i) If the Director of Community Development determines that no violation as alleged or otherwise is occurring, then notification of that decision will be given to the complaining person or a spokesperson for the complaining person, or in a written report to the Council.
(ii) If the Director of Community Development determines that a violation is occurring or has occurred as alleged, a Notice of Violation and Order to Correct or Cease Activity will be sent as specified in subsection (3) of this section.
(c) If the Director of Community Development determines that the way to correct a violation is for the property owner or violator to cease the activity, or for the City to impose new or changed conditions on a permit or plan that has been issued or approved, the Director of Community Development will refer the matter to the Hearing Examiner, Commission, or staff for review depending upon which entity made the final decision on the matter under review.
(i) The Hearing Examiner or Commission will hold a public meeting to review the permit or approval, using criteria required for the original.
(ii) If the Hearing Examiner or Commission finds that a violation exists, and that it can be reasonably resolved by imposing new or changed conditions on the permit or plan, the conditions may be changed. The Hearing Examiner’s action will be final as provided under PCC 1.22.090, whereas the Commission’s action will be a recommendation to the Council to be considered under PCC 17.180.040.
(iii) If the Hearing Examiner or Council determines that the way to correct the violation is for the permittee to cease the violation, and the permittee fails or refuses to cease the violation, the Hearing Examiner or Council may revoke the permit or approved plan and may order the activity allowed by the permit or plan to cease.
(iv) If the violation is of a condition which was imposed by staff and staff finds that the violation can be reasonably resolved by imposing new or changed conditions on the permit or plan, conditions may be changed by staff.
(v) If the staff determines that the way to correct a violation is for the permittee to cease the violation and the permittee fails or refuses to cease the violation, the staff may revoke the permit or plan and may order activity allowed by the permit or plan to cease.
(3) Notice of Violation and Order to Correct or Cease Activity.
(a) General. If the Director of Community Development determines that any activity, condition, structure, or use exists that does not conform to this Title, they may issue a Notice of Violation and Order to Correct or Cease Activity. This Notice will specifically indicate the following:
(i) the name and address of the person(s) charged with the violation;
(ii) what provision of this Title is being violated;
(iii) the street address and a brief legal description of the site on which the violation has been determined to exist;
(iv) what is necessary to correct the violation;
(v) the time by which the violation is to be corrected or activity ceased; and
(vi) a statement that the civil penalties established in subsection (5) of this section will be assessed against the person(s) cited if the violation is not corrected within the specified time period.
(b) Notice to Occupant and Owner. The Director of Community Development will deliver or cause to be delivered the Notice of Violation and Order to Correct or Cease Activity by U.S. postal mail, or certified mail return receipt requested, or personal service to: the occupant or person in charge of the property if the occupant or person in charge of the property is the violator; or, the owner of the property if the owner of the property is the violator.
A copy of the Notice of Violation and Order to Correct or Cease Activity will be sent to the complaining person or a spokesperson for complaining person.
(4) Appeals. Any Notice of Violation and Order to Correct or Cease Activity issued by the Director of Community Development will be appealable to the Hearing Examiner under Chapter 17.185 PCC.
(5) Penalties.
(a) Any violation for which a Notice of Violation and Order to Correct or Cease Activity has been issued but which has not been corrected within the time specified will incur a civil penalty of $250 per day up to a sum of $5,000, beginning on the day the correction was to be completed. The cumulative penalty provided for in this subsection will not accrue while an appeal is pending, nor will the penalty preclude the initiation of appropriate legal action to correct the violation.
(b) If a penalty has been assessed pursuant to subsection (5)(a) of this section, a Court will assess that penalty and any additional penalty the Court considers appropriate plus court costs and attorney’s fees.
(6) If the Director of Community Development determines that the property owner or violator could reasonably correct the violation, but fails to do so within the time specified in the Notice of Violation and Order to Correct or Cease Activity, the Director of Community Development may refer the matter to the City Attorney for civil enforcement by injunction or other appropriate action.
(7) Compromise, Settlement, and Disposition of Disputes or Litigation. The Director of Community Development and the City Attorney may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation when to do so would be in the best interests of the City. (Ord. 25-08 §1 (Att. A), 2025; Ord. 22-2 §8, 2022; Ord. 06-15 §1, 2006; Ord. 03-33 §2, 2003; Ord. 87-9 §1, 1987).