The city council of the city of Zillah finds that enforcement of the Zillah Municipal Code and applicable state codes is an important public activity. Code enforcement is vital to the protection of the public health, safety, welfare, and quality of life. The city council recognizes that code enforcement is effective only when done quickly and fairly. The city council further finds that an enforcement system that allows a combination of judicial and administrative remedies is effective in correcting violations.
(Ord. 1410 § 1, 2016)
The provisions of this chapter may be applied to the enforcement of the Zillah Municipal Code or applicable state laws within the city of Zillah and such territory outside the city of Zillah over which the city has jurisdiction or responsibility by virtue of any constitutional provision or applicable law. This chapter establishes an additional remedy that may be used by the city to achieve compliance with applicable codes. Applicable provisions of the municipal city code and state codes include, but are not limited to, the following:
A. 
Occupancy violation and International Building/Housing/Fire Codes, ZMC Title 15;
B. 
Dangerous or unfit buildings, dwellings and structures;
C. 
Zoning code, ZMC Titles 15 and 17;
D. 
Nuisances, Chapter 8.12 ZMC;
E. 
Landscaping, ZMC Title 17;
F. 
Signs, Chapter 15.50 ZMC;
G. 
Fences and obstructions at intersections;
H. 
No building permit, no business license, ZMC Titles 5 and 15;
I. 
Home occupations, ZMC Title 17;
J. 
Nonpermitted uses, ZMC Title 17;
K. 
Compliance with city council, planning commission or hearing examiner decisions, orders and determinations; and
L. 
Abatement, Chapter 8.12 ZMC.
(Ord. 1410 § 1, 2016)
The provisions of this chapter shall not invalidate any other title, chapter or ordinance of the Zillah Municipal Code, but shall be read in conjunction with those titles, chapters and ordinances, and shall be used as an additional or supplemental remedy for enforcement of violations thereof.
(Ord. 1410 § 1, 2016)
City shall have sole discretion and responsibility with regard to filing and prosecution of civil, criminal, administrative, and/or judicial enforcement actions for the violation of any of its ordinances or applicable code requirements. The enactment of this chapter shall not be construed as a limit to the city's prosecutorial discretion with respect to any enforcement action including prosecution of any violation as a criminal offense. If the city chooses to file both administrative and criminal charges for the same violation, no civil fees shall be assessed in the administrative action, but all other remedies contained herein shall be available.
(Ord. 1410 § 1, 2016)
If any section, subsection, sentence, clause, phrase, portion, or provision of this chapter is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter. City council hereby declares that it would have adopted this chapter and each section, subsection, sentence, clause, phrase, portions, or provision thereof, regardless of the fact that any one or more sections, subsections, sentences, clauses, phrases, portions, or provisions be declared invalid or unconstitutional. This section shall apply to all amendments made to this chapter.
(Ord. 1410 § 1, 2016)
By establishing performance standards or by establishing obligations to act, it is the intent of the city council that city employees and officers are exercising discretionary authority in pursuit of an essential government function and that any such standards or obligations shall not be construed as creating a ministerial duty for purposes of tort liability.
(Ord. 1410 § 1, 2016)
For purposes of this chapter:
A. 
Any gender includes the other gender.
B. 
"Shall" is mandatory; "may" is permissive.
C. 
The singular number includes the plural, and the plural the singular.
D. 
Words used in the present tense include the past and future tense and vice versa.
E. 
Words and phrases used in this chapter and not specifically defined shall be construed according to the context and ordinary usage of the language.
F. 
Unless otherwise specified, the terms "hereof," "herein," and similar terms refer to this chapter as a whole.
(Ord. 1410 § 1, 2016)
In the construction of this chapter, the following words and phrases shall be defined as set forth in this section unless a different meaning is specifically defined elsewhere in this chapter and specifically stated to apply:
A. 
"Administrative citation"
means a citation issued to a responsible person, which gives notice of a violation and the civil fee for such violation.
B. 
"Administrative enforcement order"
means an order issued by the hearing officer. The order may include an order to abate the violation, pay civil fees and administrative costs, or take any other action as authorized or required by this chapter and applicable city and state codes.
C. 
"Administrative enforcement hearing"
means a hearing held pursuant to the procedures established by this chapter and at the request of a responsible person.
D. 
"City"
means the city of Zillah, including the city administrator and all other employees of the city.
E. 
"Director"
means the planning and community development director or his/her designee.
F. 
"Enforcement official"
means any person authorized by the city to enforce violations of the Zillah Municipal Code or applicable state codes, including but not limited to police officers, building inspection officials, fire marshal, and animal control officers.
G. 
"Hearing examiner"
means any person appointed by city council to preside over administrative enforcement hearings.
H. 
"Imminent life safety hazard"
means any condition that creates a serious and immediate danger to life, property, health, or public safety.
I. 
"Notice of compliance"
means a document or form approved by the director that indicates that a property complies with the requirements outlined in a notice of violation.
J. 
"Notice of emergency abatement"
means a written notice that informs a responsible person of emergency abatement actions taken by the city and the costs of those actions and orders payment of those costs.
K. 
"Notice of itemized bill for costs"
means a written notice to a responsible person, itemizing the city's costs and ordering payment of those costs.
L. 
"Notice of violation"
means a written notice that informs a responsible party of code violations and orders certain steps to correct the violations.
M. 
"Person"
means any natural person, firm, joint venture, joint stock company, partnership, association, club, company, corporation, business trust, organization, or the lessee, agent, officer, representative or employee of any of them, or any other entity that is recognized by law as the subject of rights or duties.
N. 
"Property owner"
means the record owner of real property as shown on the records of the Yakima County assessor.
O. 
"Responsible party"
means the person(s) determined by the city to be responsible for creating, causing, maintaining or failing to abate any violation of the Zillah Municipal Code or applicable state codes. The term "responsible party" shall include, but is not limited to, a property owner, agent, tenant, lessee, occupant, architect, builder, contractor, or other person who individually or together with another person is responsible for the violation of any provision of the Zillah Municipal Code or other applicable law.
P. 
"Written"
includes handwritten, typewritten, photocopied, computer printed or facsimile.
(Ord. 1410 § 1, 2016)
A. 
Whenever a violation is observed or reported to an enforcement official, the enforcement official or his/her designee shall make reasonable effort to personally contact the responsible person and advise such person of the violation and the steps necessary to remedy the violation. If such personal contact is not reasonably feasible, the enforcement official may proceed to issue notice of the violation as set forth below.
B. 
Whenever a notice is required to be given under this chapter, the notice shall be served by one or any, in combination, of the following methods, unless different provisions are otherwise specifically stated to apply:
1. 
Personal service;
2. 
Regular mail, postage prepaid, to the last known address of a responsible person;
3. 
Posting the notice conspicuously on or in the property. The form of the posted notice shall be approved by the director; or
4. 
Published in a newspaper of general circulation.
C. 
Failure of a responsible person to actually receive notice shall not affect the validity of any action taken hereunder if notice has been served in the manner set forth above.
D. 
Service by regular mail in the manner set forth above shall be deemed served on the third day after the date of mailing.
E. 
Service by more than one means (i.e., combination of posting and service by mail) shall be deemed served on the earliest date of effective service (i.e., on date of posting).
(Ord. 1410 § 1, 2016)
Whenever an enforcement official finds that a violation of the city code or applicable law has occurred or continues enforcement official may undertake any of the available procedures established by Zillah Municipal Code or applicable law. Director or any designated enforcement official shall have the authority to secure compliance with the provisions of such codes subject to the provisions of this chapter. Such authority shall include the power to issue notices of violation and citations, inspect public and private property, abate nuisances on public and private property, and to use any remedy available under this chapter, Zillah Municipal Code or applicable law. The city administrator is authorized to adopt policies and procedures implementing the provisions of this chapter.
(Ord. 1410 § 1, 2016)
Enforcement officials are hereby authorized, in accordance with applicable law, to enter upon any property or premises to investigate and determine compliance with provisions of Zillah Municipal Code or applicable laws including the taking of photographs, samples, or other physical evidence. All inspections, entries, examinations and surveys shall be conducted in a reasonable manner. If a property owner refuses to allow an enforcement official to enter the property, the enforcement official shall obtain a search warrant before entering the property.
(Ord. 1410 § 1, 2016)
It shall be unlawful for any person to willfully or otherwise refuse or fail to comply with a subpoena issued for an administrative enforcement hearing. A violation of this section shall be a misdemeanor.
(Ord. 1410 § 1, 2016)