Any condition existing that is in violation of any provision of Zillah Municipal Code or applicable law may be abated by the city pursuant to the procedures set forth herein.
(Ord. 1410 § 1, 2016)
A.
Whenever an enforcement official determines that a violation of the Zillah Municipal Code or applicable law has occurred or continues to exist, a notice of violation may be issued by enforcement official to the responsible person. The notice of violation shall include the following information:
1.
Name of the responsible person.
2.
Street address of violation.
3.
Date of violation.
4.
All code sections violated and a description of the condition that violates the applicable code.
5.
All remedial action required to permanently correct any violation, which may include corrections, repairs, demolition, removal or other appropriate action.
6.
Specific date to correct the violation set forth in a notice of violation.
7.
Explanation of the consequences should the responsible person fail to comply with the terms and deadlines as prescribed in the notice of violation, which may include, but is not limited to: criminal prosecution; civil fees; revocation of permits; recordation of the notice of violation; withholding of municipal permits; abatement of the violation; costs; administrative fees; city lien for its costs and fees incurred if city abates or corrects the violation, or any portion thereof; and any other legal remedies.
8.
Statement that civil fees will begin to accrue immediately on expiration of the date to correct violation.
9.
The amount of the civil fee for each violation and a statement that the civil fee shall accrue daily until the violation is corrected.
10.
Demand that the responsible person cease and desist from further action causing the violation and commence and complete all action to correct violations as directed by the city.
11.
Procedures to request an administrative enforcement hearing and consequences for failure to request such hearing.
12.
Statement that when the violation is brought into compliance the responsible person must request an inspection.
(Ord. 1410 § 1, 2016)
A responsible person shall have the right to an administrative enforcement hearing. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of violation. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to an administrative enforcement hearing and a waiver of the right to appeal.
(Ord. 1410 § 1, 2016)
It shall be unlawful for any responsible person to fail to comply with the terms and deadlines set forth in a notice of violation. A violation of this section shall be a misdemeanor.
(Ord. 1410 § 1, 2016)
It shall be the duty of the responsible person to request an inspection when a violation has been corrected. If no inspection is requested, it shall be deemed prima facie evidence that the violation remains uncorrected. If more than one inspection is necessary, an inspection fee of $47.00 shall be assessed for each subsequent inspection.
(Ord. 1410 § 1, 2016)
Director and any designee or contractor retained by the city for such purposes are hereby authorized to enter upon any property or premises to abate a violation of the city code and applicable state codes as set forth in ZMC § 8.18.120. Director shall assess all costs for abatement to the responsible person and may use any remedy available under law to collect such costs, and is authorized to file and record a lien against the subject property in the amount of costs and fees incurred, together with interest at the legal rate. If additional abatement is necessary within two years, treble costs shall be assessed against the responsible person for the actual abatement.
(Ord. 1410 § 1, 2016)
A.
Violations may be abated by city personnel or by a private contractor acting under direction of the city.
B.
City personnel or a private contractor may enter upon a private property in a reasonable manner to abate a violation as specified in the notice of violation or administrative enforcement order.
C.
If a responsible person abates the violation before the city abates the violation pursuant to a notice of violation or administrative enforcement order, director shall nevertheless assess all costs actually incurred by the city against the responsible person.
D.
When abatement is completed, the director shall prepare a notice of itemized bill of costs.
E.
Director shall serve the notice of itemized bill for costs by registered mail to the last known address of the responsible person. The notice shall demand full payment within 20 days to the city finance department. If no timely request for an administrative enforcement hearing is received, the director may file and record a lien against the subject property in the amount of the itemized bill for costs, plus recording fees, with interest at the legal rate. If a timely request for an administrative enforcement hearing is submitted, the director may seek authorization from the hearing examiner to file and record a lien for unpaid costs and/or fees against the subject property in the amount determined appropriate by the hearing examiner.
F.
The responsible person shall have a right to an administrative enforcement hearing to contest the notice of itemized bill for costs. A request for such hearing shall be in writing and shall be filed within 10 days from the date of service of the notice of itemized bill for costs. Failure to request an administrative enforcement hearing as provided shall constitute a waiver to such hearing and a waiver of the right to appeal.
(Ord. 1410 § 1, 2016)
A.
For violations of city of Zillah Municipal Code or applicable law when a notice of violation has been served on a responsible person, and the violation remains uncorrected after the date to correct set forth in the notice of violation, and a request for an administrative enforcement hearing has not been timely requested, director, as a supplemental notice or remedy for violation, may record the notice of violation with the Yakima County auditor's office.
B.
If an administrative enforcement hearing is held, and an administrative enforcement order is issued, or if a city lien for costs and fees incurred for abatement is issued, director may record the administrative enforcement order and lien with the Yakima County auditor's office.
(Ord. 1410 § 1, 2016)
A.
When a violation is corrected, a responsible person shall request an inspection from the director.
B.
When the director receives such request, director shall re-inspect the property as soon as practicable to determine whether the violation has been corrected, and whether all necessary permits have been issued and final inspections have been performed as required by applicable codes.
C.
Director shall serve a notice of compliance to the responsible person and property owner in the manner provided in ZMC § 8.18.100 if the director determines that:
D.
Director shall record the notice of compliance with the Yakima County auditor's office. Recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation and release of any lien filed by the city pursuant to this chapter.
(Ord. 1410 § 1, 2016)
City shall withhold issuance of business licenses, building permits or any permits requested or issued to responsible party where there has been a notice of violation or administrative hearing order issued with respect to responsible party or their property. City shall withhold such permits until a notice of compliance has been issued by the director. City shall not withhold permits necessary to obtain a notice of compliance or to correct serious health and safety violations.
(Ord. 1410 § 1, 2016)
Penalty for the violation of any of the provisions of this chapter shall be as set forth below:
A.
Any person violating the provisions of this chapter shall be deemed guilty of a civil violation and shall be punished by a fine of $100.00 for a first offense within a calendar year. One year shall be defined as January 1st through December 31st of each year. For a second violation within one calendar year, the person shall be punished by a fine of $150.00. For a third or any subsequent violations of this chapter within one calendar year, the person shall be deemed guilty of a misdemeanor and shall be punished by a fine of not less than $150.00 nor more than $500.00. This section may be enforced separately and in addition to the liens process enumerated elsewhere in this chapter.
B.
Each violation or noncompliance shall be corrected within the time limits set out in this chapter and, each day thereafter that a prohibited condition is maintained shall constitute a separate offense.
C.
The conviction of any person for violation of any of the provisions of this chapter shall not operate to relieve such person from paying any fee or penalty thereupon, for which such person shall be liable, nor shall the payment of any such fee prevent prosecution in the municipal court of the city of Zillah of any complaint for the violation of any of the provisions of this chapter.
D.
For any first violation not specifically listed in subsection (A) of this section, the civil fee shall be $100.00 for each day such offense remains uncorrected, for each offense. For any subsequent violations of any such offense, the civil fee shall be $200.00 each day such offense remains uncorrected, for each offense.
E.
Payment of any penalty fee shall not excuse any failure to correct a violation or the recurrence of the violation, nor shall it bar further enforcement action by the city, including any appropriate criminal prosecution or issuance of applicable notice of infraction.
F.
Penalty fees shall be paid to the city finance department.
(Ord. 1410 § 1, 2016)