HomeMy WebLinkAbout5148 ORDINANCE NO. 51-4
AN ORDINANCE of the City Council of the City of
Bremerton, Washington, amending Chapter 104 of the Bremerton
Municipal Code entitled "Code Enforcement" and Section
2 13 120 relating to code enforcement used in conjunction with the
City's Administrative Hearing Examiner process as established in
Chapter 2.13 BMC for the enforcement and abatement of
violations of City codes, assessment of monetary penalties, costs of
enforcement and costs of abatement, the collection of such
penalties and costs and reconsideration of Administrative Hearing
Examiner decisions
WHEREAS, the Bremerton Municipal Code contains provisions for enforcement
of violations of various City codes, and
WHEREAS, the City Council desires to update its policies and procedures for
enforcement of code violations by amending Chapter 104 and Section 2 13 120 of the
Bremerton municipal Code relating to code enforcement, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF BREMERTON, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS
SECTION 1. Chapter 104, of the Bremerton Municipal Code entitled "Code
Enforcement," is hereby amended to read as follows
CHAPTER 1.04
CODE ENFORCEMENT.
1.04.010 PURPOSE. The purpose of this chapter is to establish an efficient system to
enforce regulations of the city, providing an opportunity for a prompt hearing and decision on
alleged violations and establishing penalties for violations This chapter shall apply to all
regulations as defined in BMC 104 020(ffto), provided that a violation of any such regulation
that provides for criminal penalties in addition to or as an alternative to enforcement under this
chapter may, at the discretion of the City, be prosecuted as a criminal violation pursuant to BMC
1 12 020(2)
1.04.020 DEFINITIONS. As used in this chapter, unless a different meaning is plainly
required
(a) Abate means to repair, replace, remove, destroy or otherwise remedy a condition
that constitutes a civil violation by such means, in such manner, and to such an extent as the code
enforcement officer or the administrative hearing examiner determines is necessary in the
interest of the general health, safety and welfare of the community
(b) Act means doing or performing something
(c) Administrative hearing examiner means the Administrative Hearing Examiner
1
Code Enforcement- Chapter 1.04
and the office thereof established pursuant to Chapter 2 13, BMC
(d) City means City of Bremerton
(e) Civil violation or violation means an act or omission contrary to a regulation as
defined in subsection (m) of this section A violation continues to exist until abated and each
day, or a portion thereof, that a violation exists constitutes a separate and distinct offense
(f) Code enforcement officer means any person or persons authorized by statute,
ordinance regulation written city policy, or mterlocal agreement or designated tied by the Ma oar or
his or her designee to enforce any of the regulations subject to the enforcement and penalty
provisions of this chapter, and shall expressly include the City's Code Enforcement Officers, the
City Attorney, or his or her designee, the Chief of the Bremerton Police Department, or his or
her designee the Director of the Department of Community Development, or his or her
designee the Director of the Department of Public Works & Utilities, or his or her designee,
building inspectors, construction inspectors, the Chief of the Bremerton Fire Department, or his
or her designee, fire code official, and fire inspectors Means the C ee ri e o„f « eeffie t orfie�
of ° zivr aeJrrrivv, t
eafer-ee the regulations s*eet to the pr-evistens of this ehaptef
any per-son �« M «n n.r,n nnn,�tr,
ethe
(g) Costs of abatement The costs of any abatement action taken by the City to abate
the violation using lawful means in the event that the person responsible for the violation fails so
to do The term includes incidental expenses including, but not limited to, personnel costs, both
direct and indirect and including attorney's fees, costs incurred in documenting the violation,
hauling, storage and disposal expenses, and actual costs and expenses of the City in preparing
notices, specifications and contracts, and in accomplishing and /or contracting and inspecting the
work, the costs of any required printing and mailing, and costs of enforcement
(h) Costs or costs of enforcement means costs incurred related to enforcement under
this chapter, including, but not limited to costs of service of notice, costs of the hearing,
administrative costs established by resolution for enforcement of garbage and refuse and
nuisance vegetation violations, as well as other administrative costs
(1) Day or days, as used in this chapter, shall mean calendar days unless expressly
stated otherwise in a given section or subsection In addition, any portion of a twenty-four (24)
hour day shall constitute a full calendar day
(j) Notice of violation or notice of civil violation means a written statement, issued by
a code enforcement officer, which contains the information required under BMC 104 040, and
which notifies a person that he or she is responsible for one (1) or more violations of the
Bremerton City Code
(ik) Omission means a failure to act
q!) Person means any individual, firm, association, partnership, corporation or any
entity, public or private
(km) Person responsible for the violation or person who violates means, unless
otherwise defined, any person who has titled ownership of the property or structure which is
subject to the regulation, an occupant in control of the property or structure which is subject to
the regulation, a developer, builder, or business operator or owner who is developing, building,
or operating a business on the property or in a structure which is subject to the regulation and /or
any person who created the violation or any person who has control over the property and allows
the violation to continue
2
Code Enforcement - Chapter 1.04
(1n) Property or premises means any building, lot, parcel, real estate or land or portion
of land whether improved or unimproved, including adjacent sidewalks, public rights -of -way,
and parking strips and any lake, river, stream, drainage way or wetland
(fno) Regulation means and includes the following, as now enacted or hereafter
amended
1 All Bremerton city code provisions making reference to this chapter,
2 All standards, regulations and procedures adopted by the city that make
reference to this chapter, and
3. The terms and conditions of any permit or approval issued by the city, or
any concomitant agreement with the city pursuant to code provisions that make reference to this
chapter
(np) Repeat violation means two or more violations of the same regulation in any
location by the same person for which voluntary compliance previously has been sought within
two (2) years or for which a notice of civil violation has been issued within two (2) years
(q) Violation or cavil violation means an act or omission contrary to a regulation as
defined in BMC 104 020(0) A violation continues to exist until abated to the satisfaction of the
city, with each day or portion thereof in which the violation continues constituting a separate
violation
1.04.025. VIOLATION UNLAWFUL — CIVIL VIOLATION — MISDEMEANOR.
(a) The violation of any regulation, the commission of a subsequent violation or the
failure or refusal to abate a violation pursuant to an order of the administrative hearing examiner
after receipt of written notice of such order shall be unlawful and shall constitute a civil violation
subject to enforcement before the administrative hearing examiner pursuant to BMC 104 080 In
lieu of and as an alternative to a hearing before the administrative hearing examiner, the city
attorney, or designee, shall, at his or her discretion, have authority to file an action in a court of
competent jurisdiction to seek enforcement of a notice of violation issued pursuant to BMC
104 040, abatement of the violation pursuant to BMC 104 110 and assessment and collection of
penalties, costs and abatement as provided for in this Chapter
(b) In addition any violation of this chapter shall constitute a misdemeanor pursuant
to Section 1 12 020(2) BMC The cif attorney, or designee, shall, at his or her discretion, have
authority to file a violation as either a civil violation pursuant to this chapter, or as a criminal
misdemeanor All criminal misdemeanor charges filed under this chapter shall be filed with the
Bremerton municipal court When the city files criminal misdemeanor charges pursuant to this
chapter, the city shall have the burden of proving, beyond a reasonable doubt, that the violation
occurred
(c) The provisions of this chapter are not exclusive, and may be used in addition to or
in conjunction with other enforcement and penalty provisions authorized by the Bremerton City
Code or state law
1.04.030 VOLUNTARY CORRECTION.
(a) Applicability The provisions of this section may be utilized whenever the code
enforcement officer or administrative hearing examiner determines that a violation of a
regulation has occurred or is occurring
(b) General Prior to the issuance of a notice of violation, the code enforcement
officer may, at his or her discretion, attempt to secure the voluntary correction of a violation of a
3
Code Enforcement- Chapter 1.04
regulation by contacting the person responsible for the violation, explaining the violation, and
requesting correction The failure of the code enforcement officer to seek voluntary correction
shall not invalidate any code enforcement action taken by the code enforcement officer or the
City of Bremerton
(c) Issuance of voluntary correction agreement A voluntary correction agreement
may be entered into between the person responsible for the violation and the city, acting through
the code enforcement officer
(d) Content of Agreement The voluntary correction agreement is a contract between
the city and the person responsible for the violation under which that person agrees to abate the
violation within a specified time and according to specified conditions The voluntary correction
agreement shall include the following
1 The name and address of the person responsible for the violation, and
2 The street address or a description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or is
occurring, and
3 A description of the violation and a reference to the regulations which
have been violated, and
4 An acknowledgement by the person responsible for the violation that the
violation described in the correction agreement exists
5 The necessary corrective action to be taken, the date or time by which
correction must be completed, and an acknowledgement by the person responsible for the
violation that he or she will correct the violation within the time specified in the voluntary
correction agreement, and
6 Acknowledgement by the person responsible for the violation that the city
may inspect the premises as may be necessary, during reasonable times, to determine compliance
with the voluntary correction agreement, and
7 Acknowledgement by the person responsible for the violation that the city
may abate the violation and recover its costs and expenses of enforcement and abatement 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 met, and
8 The time and place for a hearing before the administrative hearing
examiner in the event that the alleged violation is not abated by the person responsible for the
violation
(e) Extension, modification An extension of the time limit for correction or a
modification of the required corrective action may be granted by the code enforcement officer if
the person responsible for the violation has shown due diligence and /or substantial progress in
correcting the violation but unforeseen circumstances render correction under the original
conditions unattainable
(f) Abatement by the city In addition to any other remedy provided for in this
Chapter, the City may seek abatement of the violation in accordance with BMC 104 110 if the
terms of the voluntary correction agreement are not met
(g) Penalties and costs If the terms of the voluntary correction agreement are not
met, the person responsible for the violation may be assessed a monetary penalty plus all costs of
enforcement pursuant to BMC 104 090 and costs of abatement pursuant to BMC 104 110
4
Code Enforcement - Chapter 1.04
1.04.040 NOTICE OF CIVIL VIOLATION.
(a) Issuance of Notice of Violation When the code enforcement officer determines
that a violation has occurred or is occurring, and does not secure voluntary correction pursuant to
BMC 1 04 030, the code enforcement officer may issue a notice of civil violation to the person
responsible for the violation
(b) Content of Notice The notice of civil violation shall include the following
1 The name and address of the person responsible for the violation, and
2 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, and
3 A description of the violation and a reference to the code provisions and
regulations that have been violated, and
4 The required corrective action and the date and time by which the
corrective action must be completed, and
5 The date, time and location of a hearing before the administrative hearing
examiner, and
6 A statement indicating that the hearing will be canceled and no monetary
penalty will be assessed if the code enforcement officer approves the completed, required
corrective action by the date and time requested in the notice at least fei4y eight (48) heur-9 pfie
te the , and
7 A statement that the costs and expenses of enforcement incurred by the
city and a monetary penalty in an amount per day for each violation pursuant to BMC 104 090
and costs of abatement pursuant to BMC 104 110 may be assessed against the person to whom
the notice of civil violation is directed as specified and ordered by the administrative hearing
examiner
8. A statement that the failure to attend the hearing before the administrative
hearing examiner may result in a default judgment against the person responsible for the
violation, whereby the administrative hearing examiner may enter judgment in favor of the city,
assess penalties and costs against the person responsible for the violation, and order the
abatement of the violation at the expense of the person responsible for the violation
(c) Extension Extensions of the time specified in the notice of civil violation for
correction of the violation may be granted at the discretion of the code enforcement officer, the
city attorney, or his or her designee, or by order of the administrative hearing examiner
(d) Service of notice The code enforcement officer shall serve or cause to be served
the notice of civil violation upon the person responsible for the violation by personal service
pursuant to BMC 104 040(e)(1), or by mail pursuant to BMC 104 040(e)(2) If the person
responsible for the violation cannot be reasonably personally served within the City and if an
address for mailed service cannot be ascertained, notice shall be served by posting a copy of the
notice of civil violation conspicuously on the affected property or structure pursuant to BMC
104 040(e)(3) and/or publication pursuant to BMC 104 040(e)(4)
(e) Methods of Service Defined The methods of service of notice as used in this
Chapter are defined as follows
1 Personal Service Personal service on the person responsible for the
violation shall mean handing the notice to the person responsible for the violation or leaving it at
his or her dwelling house or usual place of abode with some person of suitable age and discretion
then residing therein, or leaving it at his or her office or place of employment with a person in
5
Code Enforcement - Chapter 1.04
charge thereof Personal service shall also be deemed complete when the hearing examiner or
his or her assistant hands any order, ruling, decision, or other document to a person prior to,
during, or after a hearing or
2 Mailing Service by mail shall mean sending the document by regular first
class mail to the last known address of the person subject to the document The last known
address shall be an address provided to the city by the person to whom the document is directed;
if an address has not been provided to the city, the last known address shall be any of the
following � s they appear at the time the document is mailed the address of the property where
the violation is occurring, as reflected on the most recent equalized tax assessment roll of the
county assessor or the taxpayer address appeanng for the property on the official property tax
information website for Kitsap County, the address appearing in any database used for the
payment of utilities for the property at which the violations are occurring,, the address appearing
in the any database for the application for a business license or building permit for the propert y
at which the violations are occurring, or the address of the person to whom the documents are
being sent that appears in the Washington State Department of Licensing database Where
service of the notice of violation is by mail, service shall be deemed complete upon the third day
following the day upon which they are placed in the mail, unless the third day falls on a
Saturday, Sunday, or legal holiday, in which event service shall be deemed complete on the first
day other than a Saturday, Sunday, or legal holiday following the third day
- Mailing sha4l fnean matling nettee to the last knewn address ef the per-son r-espenstble for- th
mat! of the Untted States by erdtnafy first elass mail, dir-ee4ed to the last known addfess of th
pefsen responsible fer- the vteleAten, and by plaeffig another- eepy in the mail of the United States
the last known address ef the per-sen r-espenstble fer- thevielatten The last knewn address sha4l
inelude the address appeanng en the last equaltzed tax assessment roll of the eettat) assesse , or
3 Posting Posting shall mean posting a copy of the notice in a conspicuous
place on the property,
pr-epeAy or- stfuetiife, if an entfy way exists, or- other- eenspieueus plaee en the , or
4 Publication Publication of notice shall mean publication as set forth in
RCW 4 28 100 and 4 28 110, as currently enacted or hereafter amended
(f) Proof of Service Proof of service shall be made by a written declaration under
penalty of penury executed by the person effecting the service, declaring the time and date of
service, the manner by which the service was made, and if by posting and /or publication in lieu
of personal service or mail, the facts showing that due diligence was used in attempting to serve
the person personally or by mail
_(g) Additional proof ofservice not necessary The administrative hearing examiner
shall not require additional proof of service beyond the requirements in this chapter
1.04.050 STOP WORK ORDER. In addition to any remedy provided for in this
chapter, the code enforcement officer may issue a stop work order whenever a violation of a
regulation will materially impair the code enforcement officer's ability to secure compliance, or
when a violation of the regulation threatens the health, safety, or welfare of any member of the
public or occupants of the property The stop work order shall contain substantially the same
information as required by BMC 104 040(b) and may be appended to, or incorporate by
reference in, a notice of violation Notice of the stop work order shall be deemed served upon
6
Code Enforcement- Chapter 1.04
posting of the notice as required by BMC 104 040(e)(3), and shall be effective upon service
The violation of a stop work order shall constitute a misdemeanor, punishable by imprisonment
in fail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in
an amount fixed by the court of not more than one thousand dollars ($1,000), or by both such
imprisonment and fine
1.04.060 CEASE AND DESIST ORDER. In addition to any remedy provided for in
this chapter, the code enforcement officer may issue a cease and desist order whenever a
violation of a regulation threatens the health, safety, or welfare of any member of the public or
occupants of the property The cease and desist order shall contain substantially the same
information as required by BMC 104 040(b), and may be appended to, or incorporate by
reference in, a notice of violation Notice of the cease and desist order shall be deemed served
upon posting of the notice as required by BMC 104 040(e)(3), and shall be effective upon
service The violation of a cease and desist order shall constitute a misdemeanor, punishable by
imprisonment in fail for a maximum term fixed by the court of not more than ninety (90) days, or
by a fine in an amount fixed by the court of not more than one thousand dollars ($1,000), or by
both such imprisonment and fine
1.04.065 NOTICE TO VACATE. In addition to any remedy provided for in this
chapter, the code enforcement officer may issue a notice to vacate whenever a violation of a
regulation results in a condition as to make it immediately dangerous to life, limb, property or
safety of the public or occupants of the property The notice to vacate shall contain substantially
the same information as required by BMC 104 040(b), and may be appended to, or incorporate
by reference in, a notice of violation Notice of the notice to vacate shall be deemed served upon
posting of the notice as required by BMC 104 040(e)(3), and shall be effective upon service
The violation of a notice to vacate shall constitute a misdemeanor, punishable by imprisonment
in jail for a maximum term fixed by the court of not more than ninety (90) days, or by a fine in
an amount fixed by the court of not more than one thousand dollars ($1,000), or by such
imprisonment and fine
1.04.070 REMOVAL OF STOP WORK, CEASE AND DESIST ORDER, OR
NOTICE TO VACATE - MISDEMEANOR. The removal of a stop work order or cease and
desist order posted in conformity with the requirements of BMC 104 050 or BMC 1 04 060,
without the authorization of the code enforcement officer or administrative hearing examiner,
shall constitute a misdemeanor, punishable by imprisonment in fail for a maximum term fixed by
the court of not more than ninety (90) days, or by a fine in an amount fixed by the court of not
more than one thousand dollars ($1,000), or by both such imprisonment and fine
1.04.080 HEARING BEFORE THE ADMINISTRATIVE HEARING EXAMINER.
(a) Notice A person to whom a notice of civil violation is issued will be scheduled
to appear before the administrative hearing examiner not less than ten (10) calendar days from
the date of service of the notice of violation or entrance into a voluntary correction agreement
In the event that the hearing is held after the person responsible for the violation enters a
voluntary correction agreement, the date of the hearing shall be the date specified in the
voluntary correction agreement An extension for the time for compliance with the correction
requirements of a notice of violation or a voluntary correction agreement, as well as the date and
7
Code Enforcement- Chapter 1.04
time for a hearing before the administrative hearing examiner, may be granted at the discretion of
the code enforcement officer, the city attorney, or his or her designee, or the administrative
hearing examiner
(b) Prior correction of violation The hearing will be canceled and no monetary
penalty will be assessed if the code enforcement officer or the city attorney, or his or her
designee, approves the completed corrective action by the date and time requested in the notice
(c) Procedure Except as otherwise provided for herein, the administrative hearing
examiner shall conduct a hearing on the civil violation pursuant to Chapter 2 13 BMC The city
and the person to whom the notice of civil violation was directed may participate in the hearing
and each party, or its legal representatives, may call witnesses and present evidence The city
shall have the burden of proving, by a preponderance of the evidence, that a violation has
occurred and that the corrective action required by the code enforcement officer is reasonably
calculated to correct the violation Formal rules of evidence shall not apply to any such hearing
(d) Decision of the administrative hearing examiner
1 In the event that the administrative hearing examiner determines that a
violation occurred or is occurring, the administrative hearing examiner shall issue an order to the
person responsible for the violation which contains the following information
a The decision regarding the alleged violation including findings of
€aet-and conclusions based thereon in support of the decision,
b The required corrective action,
C The date and time by which the correction must be completed,
d The monetary penalties and costs of enforcement, if any, assessed
pursuant to BMC 104 090 and costs of abatement, if any, assessed pursuant to BMC 104 110,
e The date and time after which the city may proceed with abatement
of the unlawful condition if the required correction is not completed
(e) Notice of decision The administrative hearing examiner shall mat! a eepy of
the issue his or her decision
eleAte n was issued °" to the eerie efif reement effie°~ within ten (10) working days of the
hearing, unless the administrative hearing examiner determines that more time is necessary The
decision shall be mailed by first class or electronic mail or hand delivered to the person to whom
the notice of violation was issued and to the code enforcement officer
(f) Failure to appear If the person to whom the notice of civil violation was issued
fails to appear at the scheduled hearing, the administrative hearing examiner may issue at the
City's request, or upon his or her own ruling, an order of default, assess the appropriate penalty
and costs pursuant to BMC 104 090 and order abatement of the violation at the expense of the
person responsible for the violation The City may serve notice of the default and penalty and
cost assessment on the person responsible for the violation and enforce the administrative
hearing examiner's order and recover all costs of abatement, related costs of enforcement,
including the cost of the hearing and any monetary penalty from that person Within sew
( ten 10 days after servte- issuance of the default order, the party against whom it was entered
may file a written motion requesting that the order be vacated The AdmintstfatiW
administrative hearing examiner may, at his or her discretion, based upon a showing of good
cause, vacate the order of default, and schedule the matter for hearing In the event that the
default order is vacated, the person against whom it was entered shall pay all costs attributable to
his or her failure to appear
8
Code Enforcement - Chapter 1.04
(g) Motion for Reconsideration A motion for reconsideration of the decision of the
administrative hearing examiner may be filed pursuant to BMC 2 13 120
(gh) Appeal to Superior Court An appeal of the decision of the administrative hearing
examiner must be filed with the Superior Court within twenty -one (21) calendar days of the
issuance of the decision
1.04.090 VIOLATIONS — MONETARY PENALTY AND COSTS.
(a) Assessment of monetary penalty The administrative hearing examiner shall, upon
finding that a violation of a regulation has occurred, assess a monetary penalty in an amount of
five hundred dollars ($500) for each violation Each day, or a portion thereof, that a violation
exists constitutes a separate and distinct offense for which a monetary penalty may be assessed
The administrative hearing examiner shall have the discretion to assess a lesser amount per day if
he or she believes the situation warrants such The monetary penalty shall, at the discretion of
the administrative hearing examiner, be assessed as of
1 The date of the issuance of the notice of civil violation, or
2 The date on which the matter was heard by the administrative hearing
examiner, or
3 The date upon which the person responsible for the violation is or was to
have corrected the violation
(b) Costs In addition, the administrative hearing examiner may assess costs of
enforcement as defined in BMC 104 020(h) and costs of abatement as defined in
BMC 104 020(g)
(c) Modification of monetary penalty Upon a finding that the person responsible for
the violation will correct the violation within a reasonable time of the hearing, the administrative
hearing examiner may postpone the assessment of the monetary penalty for a reasonable period
If, prior to the expiration of the period of postponement the code enforcement officer or the city
attorney or his or her designee is satisfied that the violation has been corrected, the
administrative hearing examiner or the city attorney may relieve the person responsible for the
violation of the duty to pay all or a portion of the monetary penalty If, after the period of
postponement, the violation has not been corrected, the penalties assessed against the person
responsible for the violation shall be assessed from the date of the violation, and payment shall
be due
(d) Monetary penalty for repeat violations The administrative hearing examiner
shall, upon finding that a repeat violation as defined in BMC 104 020(n) has occurred, assess a
monetary penalty in an amount of one thousand dollars ($1000) for each repeat violation, per
day, or a portion thereof The administrative hearing examiner shall have the discretion to assess
a lesser amount per day if he or she believes the situation warrants such
(e) Collection of costs and monetary penalties The costs and monetary penalties
assessed pursuant to BMC 104 090 constitute a personal obligation of the person to whom the
notice of civil violation is directed or the person responsible for the violation Any costs or
monetary penalties assessed must be paid to the city within ten (10) calendar days from the date
of mailing of the administrative hearing examiner's decision or a notice from the city that costs
or penalties are due The city attorney, or his or her designee, is authorized to take legal action to
collect the costs or monetary penalties including filing civil actions or turning the matter over to
collection pursuant to BMC 104 130.
(f) Continued duty to correct Payment of a monetary penalty pursuant to this chapter
9
Code Enforcement- Chapter 1.04
does not relieve the person responsible for the violation of the duty to correct the violation
1.04.100. JOINT AND SEVERAL RESPONSIBILITY AND LIABILITY.
Responsibility for violations of the codes enforced under this chapter is point and several
and the city is not prohibited from taking action against _ a party where other persons may also be
potentially responsible for a violation, nor is the city required to take action against all persons
potentially responsible for a violation SUBSEQUENT REPEAT VIOLATION; FAILURE
impfisemnent in jat! for- a maximum tefm fixed by the eeuA of net more than ninety (90) days-ef
by a fine in an amettat fixed by the eeuft ef net mer-e than ene thetisand dellar-s ($ 1,000) or- by
both stieh impnsemneat -aid fine The etty a tt e .., ey, or- his her- designee sh a t h h
diser-etten, have authefity to file a subsequent vielatten as either- a eivil violation pufseant to dm
ehapter- of a misdemeanef All misdemeanor- ehafges filed undef thts seetten shall be filed wt
or hef destgnee When the eity files a efifflinal offease ptifsuai# te thts subseetten, tt shall have
1.04.110. ABATEMENT.
(a) In general At the hearing before the administrative hearing examiner, the code
enforcement officer or the city attorney or his or her designee may request that an order of
abatement issue in the event that the administrative hearing examiner determines that a violation
of a regulation exists The order of abatement shall require the person responsible for the
violation to abate the violation and permit the City to abate the violation using lawful means in
the event that the person responsible for the violation fails so to do The City may seek such
judicial process as it deems necessary to effect the removal or correction of such condition
causing the violation
(b) Abatement by the City The City may abate a condition which was caused by or
continues to be a civil violation when
1 The terms of voluntary correction agreement pursuant to BMC 104 030
have not been met, or
2 A notice of civil violation has been issued pursuant to BMC 1 04 040 and
a) a hearing has been held pursuant to BMC 104 080 and the required correction has not been
completed by the date specified in the administrative hearing examiners order or b) a hearing has
been held by a court of competent jurisdiction and the required correction has not been
completed by the date specified in the court's order, or
3 The condition is subject to summary abatement as provided for in BMC
104 110(c)
(c) Summary Abatement 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 Notice of
such abatement, including the reason for it shall be given 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
10
Code Enforcement- Chapter 1.04
summary abatement, prior to the time that actual notice of same is provided to the person
responsible for the violation
(d) Authorized Action by the City Using any lawful means, the City may enter upon
the subject property and may remove or correct the condition which is subject to abatement The
City may seek such judicial process as it deems necessary to effect the removal or correction of
such condition
(e) Interference 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 Chapter, shall be guilty of a misdemeanor punishable by imprisonment
not exceeding 90 days and a fine not exceeding $1,000
(f) Other abatement proceedings not precluded Nothing in this section shall
prohibit the City from pursuing abatement pursuant to any other laws of the State of Washington
or the City of Bremerton
1.04.120. COSTS OF ABATEMENT -LIEN.
(a) Costs of abatement The costs and incidental expenses of any abatement action
taken by the City as defined in BMC 1 040 020(g), including costs of enforcement set forth in
BMC 04 020(h), shall become a charge to the person responsible for the violation These
charges may be assessed against the person responsible for the violation or the property upon
which the violation occurred Costs of abatement must be paid to the city within ten (10)
calendar days from the date of mailing of notice from the city that the costs are due The City
may use any lawful means to collect charges, including but not limited to those set forth in BMC
104 130. The city attorney, or his or her designee, is authorized to take legal action to collect the
costs of any abatement All such costs and expenses shall constitute a lien against the affected
property, as set forth in BMC 104 120(b)
(b) Lien —Authorized
1 Account of Expense The code enforcement officer shall keep an
itemized account of expense incurred for the cost of abatement of property Upon completion of
the work, the code enforcement officer shall prepare and file with the City Clerk, a report
specifying the work done, the itemized total cost of the work, including administrative charge, a
description of the property abated, and the name and addresses of the owner or agent, and
occupant or tenant if known
2. Report Transmitted to Council Upon receipt of the report, the City Clerk
shall present it to Council for consideration The Council shall fix a time, date and place for
hearing the report and any protests or objections thereto The City Clerk shall cause notice of
said hearing to be posted upon the property involved, and served by certified mail, postage
prepaid, addressed to the owner or agent of the owner, and occupant or tenant if known If the
tenant or occupant is not known, notice shall be sent by first class mail to the occupant of the
residence subject to the abatement Such notice will be given at least ten (10) days pnor to the
date set for hearing and shall specify the date, hour and place when the Council will hear and
pass upon the code enforcement officer report, together with any objections or protests which
may be filed as hereinafter provided by any person interested in or affected by the proposed
charge Notice of the hearing shall also be published in a newspaper of general circulation in the
City of Bremerton when required by law
3 Protests and Objections Any person interested in or affected by the
proposed charge may file written protests or objections with the City Clerk prior to the hearing
11
Code Enforcement- Chapter 1.04
Each protest must state the grounds of such protest or objection The Clerk shall present such
protests and objections to the Council at the time of the hearing and no other protests or
objections will be considered
4 Hearing The Council shall hear and pass upon the report of the code
enforcement officer, together with objections and protests. The Council may revise or modify
the report as it may deem gust When the Council is satisfied with the correctness of the charge,
the report, together with the charge, shall be confirmed or rejected The decision of the Council
on the report and the charge, and on all protests or objections, shall be final and conclusive
(c) Assessment against property The City shall have alien for the costs and
incidental expenses of any abatement as defined in BMC 1 040 020(g), for the cost of any
abatement action taken by the City, under this Chapter, against the real property on which the
work of abatement was performed as follows
1 Unfit Structures Liens established as the result violations of the Unrf3fm
International Property Maintenance Code as
adopted pursuant to BMC 17 04 040 - 020 and amended pursuant to BMC 17 04 06 10 (BBC-)
(the "IPMC " shall be assessed pursuant to said eed e the IPMC as currently enacted and as
amended in the future Pursuant to RCW 35 80 030(1)(h) and as supplemented by the DBG as
emthenzed by RGW 35 80 030(5), both incorporated herein by reference, the lien shall be
assessed upon the tax rolls of the subject property and 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
2 Garbage Liens for garbage and rubbish abatement shall be assessed
against the subject property pursuant to RCW 35 21 140 and RCW 35 21 150 and shall be prior
to all liens filed subsequent to the filing of the notice of lien with the county auditor, except liens
of general taxes and local improvements
3 Nuisance vegetation Liens for nuisance vegetation abatement, when
initiated by city council resolution, whether or not enforced in conjunction with a hearing before
the administrative hearing examiner pursuant to BMC 104 080, shall be assessed against the
subject property pursuant to RCW 35 213 10 and shall be enforced and foreclosed in the manner
as provided by law for liens for labor and materials
4 Other Other liens shall be assessed against the subject property as
authorized by law or court order
1.04.130. COLLECTION OF PENALTIES AND COSTS.
(a) Collection In addition to, or in lieu of the provisions set forth in this Chapter, the
City may, at its option, turn the matter over to collection or commence a civil action in any court
of competent, jurisdiction to collect costs and expenses of enforcement, costs of abatement
incurred by the City to obtain compliance pursuant to this Chapter and /or to collect any penalties
that have been assessed Further, the City Administration, upon concurrence of the City
Attorney, may file for injunctive or other civil relief in Superior Court regarding code violations
(b) Collection of monetary penalty - Use of collection agency The city is authorized
to take legal action to collect the monetM penalty Pursuant to Chapter 19 16 RCW, as currently
enacted or hereafter amended, the city may, at its discretion, use a collection agency for the
purposes of collecting penalties and costs assessed pursuant to this chapter The collection
agency may add fees or interest charges to the original amount assigned to collections as allowed
by law No debt may be assigned to a collection agency until at least thirty (30) calendar days
12
Code Enforcement - Chapter 1.04
have elapsed from the time that the city ttempts to notify the person responsible for the debt of
the existence of the debt and that the debt may be assigned to a collection agency for collection if
the debt is not paid Notice of potential assignment to collections shall be made by regular first
class mail to the last known address of the person responsible for the violation provided
inability to ascertain a current mailing address shall not prohibit the debt from being assigned to
collections , per-suant to Chapter- 19 16
RGW, use a eelleetten ageney for- the pufpeses of Miming penalties assessed pursuant te this
ehapter- The City shall add a feasenable fee, payable by the per-son r-espenstble fbr- the debt, te
of the eelleetten ageney Ne debt may be assigned to a eelleetten ageney until at least thti4y (30)
days have elapsed 49m the time that the City attempts to nett6 the per-sen respeasible for- th
eelleetten if the debt is not paid
1.04.140 ADDITIONAL ENFORCEMENT PROCEDURE&
Cede or- state law
1.04.450140. CONFLICTING CODE PROVISIONS. In the event a conflict exists
between the enforcement provisions of this chapter and the enforcement provisions of any
uniform code, statute, or regulation that is adopted in the Bremerton City Code that are subject to
the enforcement provisions of this chapter, the enforcement provisions of this chapter will
prevail, unless the enforcement provisions of this chapter are preempted or specifically modified
by said code, statute, or regulation
1.04.460150. DUTY NOT CREATING LIABILITY No provision or term used in
this title 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
SECTION 2. Section 2 13 120 of the Bremerton Municipal Code entitled
"Reconsideration," is hereby amended to read as follows
2.13.120 RECONSIDERATION.
A party of record believing that a decision or recommendation of the Administrative
Hearing Examiner is based on erroneous procedures, errors of law or fact, or the discovery of
new evidence which could not be reasonably available at the prior hearing may make a written
request for reconsideration by the Administrative Hearing Examiner within five -( 4 fourteen (14)
wer-km calendar days of the date the decision or recommendation is rendered. This request shall
set forth the specific errors or new information relied upon by such appellant, and the
Administrative Hearing Examiner may, after review of the record, take further action as he or
13
Code Enforcement- Chapter 1.04
she deems proper If a request for reconsideration is accepted, a decision is not final until after a
decision on reconsideration is issued
SECTION 3. Severability If anyone or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not
affect the validity of the remaining portion of this Ordinance and the same shall remain in full
force and effect
SECTION 4. Effective Date This ordinance shall take effect and be in force ten
(10) days from and after its passage, approval and publication as provided by law
PASSED by the City Council the -%` day of I L�(/G�i /C/ ' 2011
WILL MAUPIN, Counc resident
Approved this day of 1111WIV , 2011
PATTY LEN Vlayor
ATT ST APPROVED AS TO FORM
K e � 4 W, � k
CAROI ffGEN, City herk RO ERA VICH, Cit
PUBLISHED the day of , 2011
EFFECTIVE the da f ' 2011
ORDINANCE NO
R \LEGAL \Ordmances \Code Enforcement \Code Enforcement - Chapter 104 - 2011 doc
14
Code Enforcement- Chapter 1.04