This chapter shall be called "compliance and enforcement, nuisances and civil violations."
(Ord. 1851 § 4 (Exh. D), 2018)
This chapter sets forth the enforcement procedures for violations of the following:
B.
Violations of any provisions of BMC Title 5, Business Licenses and Regulations; Title 6, Animals; Title 8, Health and Safety; Title 12, Streets, Sidewalks and Public Places; Title 13, Public Services; Title 14, Environmental Regulations; Title 14A, Land Use Decisions; Title 15, Buildings and Construction; Title 16, Subdivisions; Title 17, Comprehensive Zoning Ordinance; and Title 18, Shoreline Master Program.
(Ord. 1851 § 4 (Exh. D), 2018)
The purpose of this chapter is to set forth the procedures and penalties for enforcement of violations of code sections identified in BMC § 1.44.020. This chapter is intended to establish one of several methods of enforcement available to the city attorney as more specifically listed in chapter 1.24 BMC, Violations and Penalties.
(Ord. 1851 § 4 (Exh. D), 2018)
Enforcement of civil violations and nuisances including the abatement of nuisances under this chapter is authorized pursuant to the provisions of RCW 35A.11.020, 35A.12.140 and chapter 8.12 BMC.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
Who Must Comply. It is the specific intent of this title to place the obligation of complying with its requirements upon the responsible parties as defined in BMC § 14.01.060. The city of Burlington and its agencies are intended to have the same obligation for compliance when the city is a responsible party. No provision of this title is intended to impose any other duty upon the city or any of its officers or employees.
B.
Joint and Several Liability. Each responsible party is jointly and severally liable for a violation of this title. The director may take enforcement action, in whole or in part, against any responsible party. All applicable civil penalties may be imposed against each responsible party. In the event enforcement action is taken against more than one responsible party, recoverable damages, costs, and expenses may be allocated among the responsible parties by the court based upon the extent to which each responsible party's acts or omissions caused the violation, unless this factor cannot be determined, or the party receiving the allocation under this factor is unable to correct the violation, or is unable to pay the damages, costs, expenses, and any penalty imposed, in which case the trier of fact shall consider:
1.
Awareness of the violation;
2.
Ability to correct the violation;
3.
Ability to pay the damages, costs, and expenses;
4.
Cooperation with government agencies;
5.
Degree to which any impact or threatened impact on water or sediment quality, human health, or the environment is related to acts or omissions by each responsible party;
6.
Degree to which the responsible parties made good faith efforts to avoid a violation or to mitigate its consequences; and
7.
Other equitable factors.
C.
Defenses. A responsible party shall not be liable under this title when the responsible party carries the burden of proving, by a preponderance of the evidence, one of the following defenses:
1.
The violation was caused solely by an act of God;
2.
The violation was caused solely by another responsible party over whom the defending responsible party had no authority or control and the defending responsible party could not have reasonably prevented the violation;
3.
The violation was caused solely by a prior owner or occupant when the defending responsible party took possession of the property without knowledge of the violation, after using reasonable efforts to identify violations. However, the defending responsible party shall be liable for all continuing, recurrent, or new violations after becoming the owner or occupant;
4.
For violations of chapter 14.05 BMC, Surface Water Management, the responsible party implemented and maintained all appropriate best management practices identified in rules promulgated by the director, or in manuals published by the State Department of Ecology until superseded by rules of the director.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
The person charged with the enforcement of the code at issue, or the designated enforcement officer, shall investigate any violation of any code provision identified above as well as any premises, structure or use which may not comply with the standards and requirements of the applicable code provisions.
B.
If after investigation it is determined that the standards or requirements have been violated, a notice of violation shall be served upon the owner or responsible person for the violation. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.
C.
The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is unknown or service cannot be accomplished and the enforcement officer makes an affidavit to that effect, then service of the notice upon such person or persons may be made by:
1.
Publishing the notice once each week for two consecutive weeks in the city official newspaper; and
2.
Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.
D.
A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E.
Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to BMC § 1.44.090 or 1.44.100. The notice may be mailed, or cause to be delivered to all residential and/or nonresidential rental units in the structure or posted at a conspicuous place on the property; a notice shall inform each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
G.
The notice of violation shall not be amended by the enforcement officer to include additional violations as a result of any reinspection for compliance or other purpose except upon a clear showing that the amendment is necessary for the protection of public safety, health and general welfare and that the additional violation did not exist or could not reasonably have been discovered at the time of original inspection.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
When calculating a reasonable time for compliance, the following criteria shall be considered:
1.
The type and degree of violation cited in the notice;
2.
The stated intent, if any, of a responsible person or owner to take steps to comply;
3.
The procedural requirements for obtaining a permit to carry out corrective action;
4.
The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5.
Any other circumstances beyond the control of the responsible person or owner.
B.
Unless a request for extension of compliance date is made in accordance with BMC § 1.44.080 the notice of violation shall become the final order. A copy of the notice shall be filed with the Skagit County auditor. The person charged with the enforcement of the applicable code provision or the enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property.
(Ord. 1851 § 4 (Exh. D), 2018)
An extension of time for compliance with a notice of violation may be granted in writing by the person charged with the enforcement of the applicable code or the enforcement officer upon receipt of a written request therefor. A written request to grant an extension of time may be approved after finding that required actions have been started and that the work is progressing at a satisfactory rate.
(Ord. 1851 § 4 (Exh. D), 2018)
Whenever a continuing violation of this code will materially impair the person responsible for enforcement of the applicable code or the enforcement officer's ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, a stop work order may be issued specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a separate violation.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
Whenever any use or activity in violation of this code threatens the health and safety of the occupants of the premises or any member of the public, the person responsible for the enforcement of the code or the enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a separate violation.
B.
Any condition described in the emergency order which is not corrected within the time specified is declared to be a public nuisance and the person responsible for the enforcement of the code or the enforcement officer is authorized to summarily abate such nuisance by such means as may be available and necessary to protect the public health and safety, or pursuant to the provisions set forth in BMC § 1.44.130 and 1.44.140. The cost of such abatement shall be recovered from the owner or responsible person or both in the manner provided by law.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
Initiation. Either a responsible party or the director may initiate negotiations for a voluntary compliance agreement at any time. The director has no obligation to enter into any voluntary compliance agreement.
B.
Contents. A voluntary compliance agreement shall set forth actions to be taken by the responsible party that will correct past or existing violations of this title. It may also set forth actions to mitigate the impacts of violations. The voluntary compliance agreement shall set forth a schedule for completion of the corrective and mitigating actions. It shall contain a provision allowing the director to inspect the premises to determine compliance with the agreement.
C.
Effect of Agreement. A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by any other party. All voluntary compliance agreements shall provide that the responsible party agrees the city may perform the actions set forth in the agreement if the responsible party fails to do so according to the terms and schedule of the agreement, and the responsible party will pay the costs, expenses and damages the city incurs in performing the actions. By entering into a voluntary compliance agreement, a responsible party waives the right to an administrative appeal of the violation.
D.
Penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary compliance agreement. If the responsible party fails to perform according to the terms and schedule of the voluntary compliance agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.
E.
Modification. The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the responsible party and the director if circumstances or conditions outside the responsible party's control, or unknown at the time the agreement was made, or other just cause necessitate such modifications.
(Ord. 1851 § 4 (Exh. D), 2018)
Approvals or permits granted in error, or on the basis of incomplete, inaccurate or misleading information, or in violation of any law, ordinance or regulation may be suspended or revoked. Other permits or approvals interrelated with an approval suspended or revoked under this section, including certificates of occupancy or approvals for occupancy, may also be suspended or revoked. When an approval or permit is suspended or revoked, the director may require the applicant to take corrective action to bring the project into compliance with this title by a deadline set by the director, or may take other enforcement action.
(Ord. 1851 § 4 (Exh. D), 2018)
The enforcement officer may also seek relief in superior court to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this chapter when the civil or criminal remedies provided in this chapter are inadequate to effect compliance.
(Ord. 1851 § 4 (Exh. D), 2018)
If and when an owner or other responsible person shall undertake to abate any condition described in this chapter, whether by order of the enforcement officer or otherwise, all needful and legal conditions pertinent to the abatement may be imposed by the person responsible for enforcement of the applicable code or the enforcement officer. It is unlawful for the owner or other responsible person to fail to comply with such conditions. Nothing in this chapter shall relieve any owner or other responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement.
(Ord. 1851 § 4 (Exh. D), 2018)
A.
In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of code provisions identified by this chapter shall be subject to a cumulative penalty in the amount of $75.00 per day for each violation from the date set for compliance until the order is complied with.
B.
The penalty imposed by this section shall be collected by civil action brought in the name of the city. The city attorney shall be notified in writing of the name of any person subject to the penalty, and the city attorney shall take appropriate action to collect the penalty.
C.
The violator may show as full or partial mitigation of liability:
1.
That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2.
That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant.
(Ord. 1851 § 4 (Exh. D), 2018)
Other and additional relief or equitable relief may be sought to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of code provisions identified in this chapter when penalties set forth in this chapter or as identified in chapter 1.24 BMC are inadequate to effect compliance.
(Ord. 1851 § 4 (Exh. D), 2018)
Any person aggrieved by the issuance of a notice and order of violation, stop work order or emergency order or the imposition of a penalty issued pursuant to this chapter may appeal the same to the hearing examiner within 14 days of issuance of the notice, order or penalty.
(Ord. 1851 § 4 (Exh. D), 2018)