The purpose of this chapter is to establish a city official responsible for executing those duties associated with the administration and enforcement of this title and to establish a procedure for taking remedial action on code violations.

(Ord. 2274 § 1 (part), 2000)

Violations of, or failure to comply with, the provisions of this title shall be and are declared to be unlawful.

(Ord. 2274 § 1 (part), 2000)

The administrator is authorized and charged with primary enforcement of the provisions of Title 17 of this code and is the designated enforcement official. The enforcement official and designees shall, upon receipt of a written complaint or upon his own initiative, investigate potential violations of this title. The enforcement official shall be authorized to order discontinuance of buildings or structures, removal of buildings or structures, discontinuance of any illegal work being done, the discontinuance of illegal land uses, the enforcement of standards as required by this title and any other action authorized by this title to insure compliance with or prevent violations of its provisions.

(Ord. 2274 § 1 (part), 2000)

The owners, lessees, or tenants of any building, structure, premises, or part thereof, and the architect, builder, contractor, employee, agent, or other person who commits, authorizes, participates in, assists in, or who maintains after notice of a violation of this title may each be found guilty of a separate offense and suffer the penalties provided in Section 17.27.070 and may be held jointly and severally liable in civil action brought to enforce the provisions of Title 17 of this code.

(Ord. 2274 § 1 (part), 2000)

A.

Notice of a violation of a provision of this title shall be in the form of a certified, return receipt letter, or a letter delivered in person to the property owner and/or the occupant or responsible party. The letter shall identify the property on which the violation is located, cite the applicable chapter or section which is being violated, describe the violation, and provide a brief statement on the action necessary to gain compliance with the ordinance.

B.

Notice shall be complete and deemed received upon any of the following:

1.

Actual receipt;

2.

Refusal of the certified letter; or

3.

Two weeks following the date of mailing the certified letter.

C.

The responsible party shall be given twenty (20) days from the date of the receipt of the letter to remedy the violation. If not remedied, enforcement may commence on the twenty-first (21) day after receipt of notice, or as specified in the final notice which may be issued by the administrator. A reasonable period in excess of twenty (20) days may be granted for remedy of the violation. If not remedied by the established date, enforcement may commence on the following day.

(Ord. 2274 § 1 (part), 2000)

Whenever the enforcement official determines that administrative effort to correct violations of this title would be, or has been useless or ineffective, he may cause criminal proceedings to be initiated for such violation of criminal complaints. The enforcement official has the authority to issue and serve a citation when the violation is committed in his presence, or to directly file a citation in court if a person refuses to sign a promise to appear or, if upon investigation, he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The enforcement official is granted the authority to directly file such citations with the city of Union Gap municipal court which filing shall constitute a lawful complaint for initiating a criminal charge for violation of this title. The court shall issue process for the attendance of the person charged, as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the city to prosecute such cases in the name of the city.

(Ord. 2274 § 1 (part), 2000)

Violation of the provisions of this title, or failure to comply with any of its requirements, shall constitute a misdemeanor. Any person who violates this title or fails to comply with any of its requirements shall, upon conviction thereof, be subject to a penalty of up to two hundred fifty dollars ($250.00) per day, and in addition, shall pay all costs and expenses incurred and involved in the investigation, enforcement, and prosecution of the case. Each day the violation continues shall be considered a separate offense.

Nothing herein contained shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation, or to bring an action to enjoin any violation of this title.

(Ord. 2274 § 1 (part), 2000)

Whenever a violation of this title occurs, any person may file a complaint in regard thereto. All such complaints must be in writing and shall be filed with the administrator who shall properly record such complaint, conduct a preliminary investigation, and take such other action as he deems necessary.

(Ord. 2274 § 1 (part), 2000)