A. 
The purpose of this chapter is to provide a standard enforcement process for the Design Guidelines, Yelm Engineering Specifications and Standard Details, procedures, and permit requirements of the Unified Development Code; provided, that the enforcement of construction permits subject to the State Building Code Act, Chapter 19.27 RCW, shall be subject to the enforcement procedures, penalties, and notice requirements of that act.
B. 
The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage the voluntary correction of violations. Civil and criminal penalties will be used only when necessary to ensure compliance with the provisions of the codes to which this chapter applies. Criminal charges will be brought only when civil remedies have failed to ensure compliance.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
It is a violation of this chapter to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this code.
B. 
It is a violation of this chapter to fail to comply with notices or orders issued pursuant to this chapter.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
Provisions of the regulations to which the enforcement provisions of this chapter apply will be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.
B. 
The community development department is authorized to enforce the regulations to which the enforcement provisions of this code apply. The community development department may call upon law enforcement, public works, or other appropriate city departments to assist in enforcement.
C. 
The police and all officers and officials charged with enforcement of the law are authorized to enforce provisions of this code.
D. 
The owner of any real or personal property subject to enforcement action and any person responsible for a violation are liable for failure to comply with the regulations to which the enforcement provisions of this chapter apply or to comply with notices or orders issued pursuant to this chapter.
E. 
No provision or term used in this code is intended to impose any duty upon the city or any of its officers or employees which would subject them or the city to damages in a civil action.
F. 
No approval shall be granted for a land use permit, land division, building permit or connection to city services for any lot, tract, or parcel of land on which there is a final determination of a violation of any state law or city code to which the enforcement provisions of this chapter apply, pertinent to use or development of the property, unless such violations are either corrected prior to application or are required to be corrected as a condition of approval. City approval granted on that basis may be revoked at any time if there is a failure to comply with conditions of approval or violation of any state law or city regulation pertinent to use or development of the property.
G. 
Violator's Liability for Damages. Any person who violates any provisions or any permit issued under the codes to which the enforcement provisions of this chapter apply shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The city attorney may bring suit for damages under this section on behalf of the city. Private persons shall have the right to bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
The community development department shall investigate any facts which lead the community development department to reasonably believe that a person, use, or condition is in violation of the codes to which the enforcement provisions of this chapter apply.
B. 
Should the administrator be denied access to such property to carry out the purpose and provision of this section, the administrator may apply to any court of competent jurisdiction for a search warrant authorizing access.
1. 
The administrator or his/her designee may request the consent to enter property for the purpose of examining property, buildings, premises, records, or other physical evidence, or for conducting tests or taking samples.
2. 
The administrator or designee may apply for an administrative search warrant to a court official authorized to issue a criminal search warrant. An administrative search warrant may be issued for the purposes described in subsection (B)(1) of this section. The warrant shall be issued upon probable cause. It is sufficient probable cause to show either of the following:
a. 
The inspection, examination, test, or sampling is pursuant to a general administrative plan to determine compliance with this code; or
b. 
The administrator has reason to believe that a violation of this code or permit issued pursuant to this code has occurred or is occurring.
C. 
If after investigation, the administrator determines that any provision of this code has been violated, a notice of correction letter shall be the first attempt at obtaining compliance. If voluntary compliance is not obtained, the administrator shall serve a notice of violation upon the owner and person(s) responsible for the violation. The notice of violation shall state the following:
1. 
Description of the activity that is causing a violation;
2. 
Each provision violated;
3. 
Any civil penalty imposed;
4. 
The corrective action, if any, necessary to comply with said provisions;
5. 
A reasonable time for compliance according to provisions of this section; and
6. 
That continued or subsequent violation may result in enforcement action through a court of competent jurisdiction.
D. 
Following a notice of violation, the administrator and person in violation may develop a mutually agreeable compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, enforcement of the violation will proceed.
E. 
When calculating a reasonable time for compliance, the administrator shall consider the following criteria:
1. 
The type and degree of violations cited in the notice;
2. 
The stated intent, if any, of a person responsible to take steps to comply;
3. 
Procedural requirements for obtaining a permit to carry out corrective action;
4. 
The complexity of corrective action, including seasonal considerations, construction requirements, and the legal rights and responsibilities of landlords and tenants; or
5. 
Any other circumstances beyond the control of the party responsible.
F. 
If the administrator believes that the requirements of this section are not being met, the administrator shall, in addition to the notice of violation, issue applicable stop work or emergency orders.
G. 
The notice of violation, stop work order, or emergency order shall be served upon the owner and person(s) responsible for the violation by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of each such person. If after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person or persons is still unknown, or service cannot be accomplished and the administrator makes an affidavit to that effect, then service of the notice of violation may be made by:
1. 
Publication of the notice once each week for two consecutive weeks in the official newspaper of the city;
2. 
Mailing a copy of the notice or order to each person named on the notice or order by first class mail to the last known address if any, if known, or, if unknown, to the address of the property involved in the proceeding; and
3. 
Mailing a copy to the taxpayer of record.
H. 
A copy of the notice or order shall be posted at a conspicuous place on the premises, unless posting the notice or order is not physically possible.
I. 
The administrator may mail or cause to be delivered to all residential and nonresidential units on the premises, or to be posted at a conspicuous place on the premises, a notice which informs each recipient or resident about any notice of violation, stop work order, or emergency order and the applicable requirements and procedures. Notices issued in this manner are sufficient for purposes of due process.
J. 
A notice of violation, a stop work order, or an emergency order may be amended at any time in order to:
1. 
Correct clerical errors; or
2. 
Cite additional authority for a stated violation.
K. 
If the scope of the notice is to be expanded or decreased, then a new notice of violation, a stop work order, or an emergency order shall be issued in order to expand or decrease the scope of the notice or order as consistent with the intent of this section and new timelines may be established pursuant to subsection D of this section.
L. 
Nothing in this chapter shall be deemed to limit or preclude any civil or criminal action or proceeding available otherwise.
M. 
Nothing in this chapter shall be deemed to limit or preclude the administrator from seeking the most appropriate course of action deemed necessary in relationship to the severity of the violation.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
Stop Work Order. Whenever a continuing violation of this code will materially impair the administrator's ability to secure compliance with this code, or when any person is proceeding in defiance of permit requirements, the administrator may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The stop work order shall be served on the person(s) responsible pursuant to YMC § 18.18.040 and shall be posted in a conspicuous place on the premises, if posting is reasonable and practical. Failure to comply with a stop work order shall constitute a violation of this chapter.
B. 
Emergency Order.
1. 
Whenever any use or activity in violation of the codes to which the enforcement provisions of this chapter apply threatens the health or safety of occupants of the premises or any member of the public, the administrator may issue an emergency order directing that the use or activity be discontinued and the condition causing threat to health and safety be corrected. The emergency order shall be served on the person(s) responsible pursuant to YMC § 18.18.040, shall specify the time for compliance, and shall be posted in a conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order shall constitute a violation of this chapter.
2. 
Any condition described in an emergency order which is not corrected within the time specified in the order is a public nuisance. The administrator is authorized to abate said nuisance summarily by such means as the administrator finds reasonable. The cost of such abatement shall be recovered from the owner or the person responsible or both in any manner provided by law.
(Ord. 995 § 12 (Exh. A), 2015)
A. 
Civil Penalties. Any person violating or failing to comply with any of the provisions of the codes to which the enforcement provisions of this chapter apply may be subject to a cumulative civil penalty of up to $250.00 per day for each active occurrence of violation.
B. 
Additional Penalties.
1. 
In addition to civil and criminal penalties, the administrator may seek injunctive relief to enjoin any acts or practices and abate any nuisance or other condition which constitutes or will constitute a violation of the codes to which the enforcement provisions of this chapter apply when civil penalties are inadequate to affect compliance, or when otherwise appropriate. Owners of real or personal property adversely affected by a violation of the codes to which the enforcement provisions of this chapter apply may also seek injunctive relief.
2. 
The administrator may issue a stop work order pursuant to YMC § 18.18.050 at any time during these proceedings.
3. 
The administrator may issue an emergency order pursuant to YMC § 18.18.050 at any time during these proceedings.
C. 
Appeal of the Issuance of Penalties. Within 30 days after the notice is received, the person incurring a penalty under this section may appeal the determination that a violation occurred or may request remission or mitigation of the penalty. Upon receipt of the application, the hearing examiner shall hold a closed record hearing pursuant to Chapter 18.10 YMC. If the examiner determines that a violation occurred, the penalty may be remitted or mitigated for good cause, upon whatever terms the examiner finds acceptable.
D. 
Innocent Purchaser. No application for a building permit or other land use permit for any lot, tract, or parcel of land divided in violation of Chapter 58.17 RCW or this title will be granted without prior approval of the administrator. Approval will only be given if the applicant demonstrates the following:
1. 
The property will be connected to the city sanitary sewer system and potable water system;
2. 
The community development department has certified that the proposed lot, tract, or parcel of land is served with an adequately designed means of access, and with adequate drainage facilities, none of which interferes with existing or planned public or private road and drainage facilities in the vicinity;
3. 
The proposed development will not adversely affect the safety or health of adjacent property owners;
4. 
The community development director has certified that the proposed land division and development conform to the policies and directives of the comprehensive plan; and
5. 
The applicant did not know, and could not have known by exercising reasonable care in purchasing the land, that the lot, tract, or parcel had been part of a larger lot, tract, or parcel divided in violation of state law or this code. (Correspondence from 2/1/24; Ord. 995 § 12 (Exh. A), 2015).
A. 
When a critical area or its buffer has been altered in violation of this chapter, all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner's or other responsible party's expense to compensate for violation of provisions of this chapter.
B. 
Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by city. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum performance standards. The administrator shall, at the violator's expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C. 
Minimum Performance Standards for Restoration.
1. 
For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
a. 
The historic structural and functional values shall be restored, including water quality and habitat functions;
b. 
The historic soil types and configuration shall be replicated;
c. 
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and
d. 
Information demonstrating compliance with the requirements for mitigation plans shall be submitted to the administrator.
2. 
For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:
a. 
The hazard shall be reduced to a level equal to, or less than, the pre-development hazard;
b. 
Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
c. 
The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
D. 
Site Inspections. The administrator is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The administrator shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
E. 
Penalties. Penalties and enforcement shall be as provided in YMC § 18.18.060.
(Ord. 995 § 12 (Exh. A), 2015)