Chapter 2.64 CODE ENFORCEMENT PROCEDURES AND OFFICER

Applicability. This section applies whenever the code enforcement officer or city attorney determines that a violation of a regulation has occurred or is occurring.

General. Where, in the judgment of the code enforcement officer, or city attorney, it may be beneficial in resolving a code violation, they will make a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation and requesting correction. However, pursuing and/or securing voluntary compliance shall not be a condition precedent to code enforcement action associated with the identified violations, including but not limited to issuance of a civil infraction or civil violation with associated penalties.

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 Mayor or designee.

Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

The name and address of the person responsible for the violation; and

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

A description of the violation and a reference to the provision(s) of the city ordinance or regulation which has been violated; and

The necessary corrective action to be taken, and a date or time by which correction must be completed; and

An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and

(vi)

An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to an appeal of the violation and/or the required corrective action, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner; and

(vii)

An agreement that the person responsible for the violation consents to an inspection of the subject property by city staff for purposes of determining and confirming compliance with the voluntary correction agreement; and

(viii)

An administrative fee, in an amount to be determined by the code enforcement officer, to be paid by the responsible party. The amount of the administrative fee should reflect the city's administrative costs in monitoring and enforcing the voluntary correction agreement.

Right to a Hearing Waived. The person responsible for the violation waives the right to an appeal of the violation, if any, and the required corrective action upon entering into a voluntary correction agreement, except that an appeal may be pursued regarding compliance with any required corrective action to the code compliance hearing examiner.

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 or city attorney, if the person responsible for the violation has shown due diligence or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.

Abatement by the City. The city may abate the violation in accordance with this chapter if the terms of the voluntary correction agreement are not met without further action by a court of competent jurisdiction, and all costs associated with the abatement shall be the sole responsibility of the person responsible and, where applicable, shall constitute a lien on the real property upon which the violation occurred.

Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, plus all costs and expenses of abatement.

(Ord. 011-25, 9/9/2025)

§ 2.64.020 Notice of civil infraction.

The code enforcement officer has authority to issue a notice of civil infraction:

When a violation of the city regulations enumerated in POMC § 2.64.030 is observed by the code enforcement officer; and/or

When the code enforcement officer has reasonable cause to believe that a violation of city regulations as enumerated in POMC § 2.64.030 has occurred.

Each day in which a violation occurs or is allowed to continue shall constitute a separate offense and may be subject to separate penalties.

A notice of civil infraction may be issued by the code enforcement officer to any responsible person, firm, corporation or agent. The notice of civil infraction shall contain the information required by RCW 7.80.070 as it now exists or may hereafter be amended.

A notice of civil infraction shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at their last known address. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The notice of civil infraction, along with the declaration, shall be filed with the city of Port Orchard municipal court.

A Notice of Civil Infraction – Jurisdiction. The city of Port Orchard municipal court shall have jurisdiction to hear and determine these matters.

(Ord. 011-25, 9/9/2025)

§ 2.64.025 Notice of civil violation.

Issuance of a Notice of Civil Violation. If the code enforcement officer determines that a violation pursuant to this chapter has occurred, the code enforcement officer may issue a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

The name of the party responsible;

The address or location of the violation;

A separate statement of each standard, code provision or requirement violated;

What corrective action is necessary to comply with the standards, code provisions or requirements;

A reasonable time for compliance;

A statement that civil penalties will be assessed if compliance does not occur within the established time frame for compliance;

(g)

A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution; and

(h)

The deadline by which an affected party may file an appeal before the hearing examiner.

Service. The notice of violation shall be served on the owner, tenant or other person responsible for the condition by either of the following methods:

U.S. mail addressed to the last-known address of such person, provided when service is accomplished by mail service shall be considered complete on the third day after the item is postmarked; or

Personal service; or

If, after reasonable efforts, the whereabouts of the person cannot be determined and service cannot be accomplished through certified mail or personal service, by posting the notice of violation in a conspicuous place at the affected property or structure.

Permitted Service on All Impacted Tenants. The code enforcement officer may mail, or cause to be delivered to all residential and/or nonresidential rental units in the structure, a notice which informs each recipient, tenant, or resident about the notice of violation, stop work order, or emergency order, or any other notice affecting the use of the property, and the applicable requirements and procedures.

Time to Comply.

When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

The type and degree of violation cited in the notice;

The stated intent and associated action, if any, of a responsible party to take steps to comply;

The procedural requirements for obtaining a permit to carry out the corrective action;

The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and

Any other circumstances beyond the control of the responsible party.

Unless an appeal is filed with the city clerk for a hearing before the hearing examiner, the notice of violation shall become the final order of the code enforcement officer. A copy of the notice may be filed with the Kitsap County recorder.

Amended Notice. A notice or order may be amended or modified at any time by the service of an amended notice or order.

A notice or order may be amended or modified in order to:

Correct clerical errors; or

Cite additional authority for a stated violation; or

To reflect new information or change in circumstances involving the property or violation, including but not limited to changing the specific corrective action required or modifying a corrective action deadline.

§ 2.64.030 Enforcement and Associated Penalties.

An amended Notice of Violation shall not extend or restart the period for filing an appeal with respect to any violations that were included in the original Notice. However, for any violations that are newly added in the amended Notice and were not included in the original Notice, the appeal period shall commence from the date the amended Notice is issued with respect to those newly added violations only.

(Ord. 011-25, 9/9/2025)

A Civil Infraction. Any person who shall commit any violation of the provisions as set forth in this chapter shall have committed a civil infraction and, upon finding by the city of Port Orchard municipal court that such civil infraction has been committed, shall pay all billable court costs, and pay monetary penalty to the city of Port Orchard, as set forth on the schedule below (subsections below have been paraphrased as an aid in determining the penalty only and are not intended for any other purpose):

Violation of the public nuisance laws: $250.00;

Violation of the zoning ordinance: $150.00;

Violation of the sign code: $250.00;

Violation of the conditions of approval for land use reclassification as approved by the city council: $150.00;

Violation of the conditions of approval for special use permits as approved by the city council: $150.00;

Violation of the conditions of approval for variances as approved by the planning commission: $150.00;

(g)

Violation of the conditions of approval for final plats as approved by the city council: $250.00;

(h)

Violation of the stormwater management ordinance: $100.00 to $1,000;

Violation of the shoreline management program: $100.00 to $5,000;

(j)

Violation of the critical areas ordinance: $100.00 to $1,000;

(k)

Violation of the commercial vehicle parking ordinance: $250.00;

(l)

Provided, any violation for which a penalty is not set forth above shall contain a monetary penalty not to exceed $100.00.

Civil Violation. Violations of the provisions set forth in this chapter may be pursued as a civil violation, an infraction, or both, at the discretion of the City and as authorized by applicable law. The election of one type of enforcement action does not preclude the use of any other lawful remedy, including but not limited to administrative enforcement, civil penalties, injunctive relief, or criminal prosecution where authorized.

Nothing in this section shall be construed to limit the authority of the City to pursue alternative or concurrent remedies for the same or continuing violation, subject to applicable procedural requirements.

Civil Penalties. The code enforcement officer may assess and issue a monetary penalty for failure to comply with any deadline set forth in a Notice of Violation, a Correction Agreement, or Voluntary Correction Agreement, and/or as otherwise authorized by state law or city code.

Monetary Penalty. The monetary penalty for each violation per day or portion thereof shall be as follows:

First day of each violation: $100.00;

Second day of each violation: $200.00;

Third day of each violation: $300.00;

Fourth day of each violation: $400.00;

Each additional day of each violation beyond four days: $500.00 per day.

Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of violation was issued of the duty to correct the violation.

Collection of Monetary Penalty.

The monetary penalty constitutes a personal obligation of the person to whom the notice of violation is directed. Any monetary penalty assessed must be paid to the city within 30 calendar days from the date an invoice for any monetary penalty is served by mail. Service by mail shall be considered complete on the third day after the item is postmarked.

The city attorney is authorized to take appropriate action to collect the monetary penalty.

Use of Collection Agency. The city, at its discretion, may, pursuant to Chapter 19.16 RCW, use a collection agency for the purposes of collecting penalties assessed pursuant to this chapter. The city shall add a reasonable fee, payable by the person responsible for the debt, to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the city attempts 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.

Lien Authority.

Any civil penalty imposed pursuant to this chapter that remains unpaid after the time for appeal has expired, or after a final administrative or judicial decision has been rendered, shall constitute a lien against the real property upon which the violation occurred.

The lien shall attach upon the recordation of a Notice of Lien in the office of the Kitsap County Recorder or of the county in which the property is located. The Notice shall include the name of the property owner, the legal description or assessor's parcel number of the property, the amount of the penalty, and the date of the final determination.

Once recorded, the lien shall have the force, effect, and priority of a judgment lien in accordance with RCW 4.56.190 and may be foreclosed in the same manner as a mortgage or as otherwise provided by law.

Upon full payment of the civil penalty and any applicable interest and collection costs, the City shall record a Release of Lien within a reasonable time.

Waiver of Penalties. Civil penalties accrued pursuant to this chapter may be waived at the discretion of the city attorney or code enforcement officer under the following circumstances:

Any notice, order, or penalty was issued in error;

Additional information or a change in circumstance warranting waiver has been discovered by or presented to the city;

As part of negotiated agreement to resolve or remedy the outstanding violation(s);

As appropriate to resolve or avoid litigation.

Stop Work Order.

In addition to any remedy provided for in this chapter, the code enforcement officer may issue a stop work or stop use order under the following circumstances:

Use of or activities on the property are being performed without a valid permit, or in violation of permit conditions;

Use of or activities on the property violate the Port Orchard Municipal Code and/or any adopted standards;

Use of or activities on the property are being performed under a permit that was issued based on erroneous information submitted by the applicant;

Use of or activities on the property have become a hazard to life or property due to weather or other conditions.

The stop work or stop use order shall identify the property by address or parcel number, specify the basis for the stop work order by reference to the applicable regulation, code, or permit, and the contact name and phone number of the appropriate city staff that may be contacted for more information about the order.

The stop work or stop use order may be issued along with, or incorporated by reference in, a notice of violation. Notice of the stop work order shall be deemed served upon posting of the notice conspicuously on the affected property or structure and shall be effective immediately upon service. The violation of a stop work or stop use order shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

A stop work order may not be appealed to the hearing examiner.

Additional Remedies. In addition to any other remedy provided by this chapter, the city may initiate enforcement, collection, injunction or abatement proceedings or any other appropriate action in the courts against any person who violates or fails to comply with any provision as set forth in this chapter or to restore a condition which existed prior to the violation. The violator shall pay the costs of such action including reasonable attorney fees.

Authority Retained. Nothing in this chapter shall be construed to abridge the authority of other agents or officers of the city, including but not limited to the city police department, to enforce the provisions of this code under authority otherwise granted such agents or officers.

(Ord. 011-25, 9/9/2025)

§ 2.64.040 Applicability.

The enforcement authority of this chapter shall apply to the following ordinances and regulations of the city, as now exist or may hereafter be amended, and any code provisions that expressly delegates enforcement authority to the code enforcement officer or to the procedures set forth in this chapter:

Nuisances: Chapter 9.30 POMC;

Unified Development Code: POMC Title 20;

Subdivisions: POMC Title 20;

Sign code: POMC Title 20;

Stormwater management ordinance: POMC Title 20;

§ 2.64.045 Compliance Agreement Required for After-the-Fact Permits.

Critical areas ordinance: POMC Title 20;

(7)

Shoreline master program;

(8)

Commercial vehicle parking ordinance: Chapter 10.13 POMC;

(9)

Dangerous and unfit dwellings, buildings and Structures: Chapter 20.212 POMC;

(10)

Business licenses generally, Chapter 5.12 POMC;

(11)

Fire hydrant installation, Chapter 15.28 POMC;

(12)

Illicit discharge, Chapter 15.30 POMC;

(13)

City construction code, Chapter 20.200 POMC;

(14)

Street use permits, Chapter 12.24 POMC;

(15)

Control of fats, oils and grease, Chapter 13.05 POMC; and

(16)

Cross-connection control, Chapter 13.07 POMC.

Enforcement of violations under this chapter is concurrent with, and not exclusive of, enforcement authority provided under any other provision of this code. The city may pursue enforcement and/or remedies under this chapter independently or in conjunction with remedies or procedures authorized under other chapters, ordinances, or laws.

(Ord. 011-25, 9/9/2025)

When any person or entity is issued a Notice of Violation, Civil Infraction, or assessed penalties for work that required a permit or city approval without having first obtained the required authorization and that person or entity seeks to legalize such work through an after-the-fact permit application, the following process for bringing unauthorized work into compliance with applicable city regulations shall apply.

Compliance Agreement Required. As a condition of processing an after-the-fact permit application, the responsible party shall enter into a Compliance Agreement with the City.

The Compliance Agreement shall, at a minimum:

Identify the code violations to be addressed;

Describe the corrective measures necessary to bring the work into full compliance with city codes, standards, and conditions of approval;

Establish a timeline for completion of each corrective measure;

Include enforcement provisions, including penalties for noncompliance; and

Require payment of any applicable penalties, fees, or costs incurred by the City as a result of the violation, but may (at the City's sole discretion where adequate safeguards are provided) stay the enforcement of penalties, fees, and costs, pending successful remediation of the noncompliant conditions;

State that by pursuing an after-the-fact permit to remediate the violations, the person(s) responsible waive all rights to seek an administrative appeal of the code enforcement action where an administrative appeal is available.

Agreement Approval. The Compliance Agreement shall be subject to approval by the Director of Community Development or Director of Public Works, or their designee.

Enforcement. Failure to comply with the terms of the Compliance Agreement shall constitute a separate violation of this code.

In the event of noncompliance, the City may:

Revoke any issued permits; or

Proceed with enforcement actions, including but not limited to the assessment of penalties; or

Seek removal of the violating work; and/or

§ 2.64.055 Removal of stop work or stop use order – Misdemeanor.

Recover costs, penalties, and legal fees incurred in enforcement.

(Ord. 011-25, 9/9/2025)

§ 2.64.050 Inspections.

The code enforcement officer or the code enforcement officer's designee shall inspect properties as necessary to determine whether the permittee has complied with conditions of the respective permits and, whenever there is reasonable cause to believe that a permittee is in violation of the provisions as set forth in this chapter, may enter upon such premises at all reasonable times to inspect the same or to perform any other duty allowed by the code enforcement officer or by this code. The code enforcement officer or designee shall present proper credentials to the owner or other person in charge of the premises before requesting entry. If such entry is refused or if the owner or tenant or person in charge of the premises cannot be located, the code enforcement officer or designee shall have recourse to every remedy provided by law to secure entry, including, but not limited to, application for a search warrant. In making such application, the code enforcement officer or designee shall be assisted by the police department.

(Ord. 011-25, 9/9/2025)

The removal of a stop work order or stop use order posted in conformity with the requirements of this chapter without the authorization of the code enforcement officer or hearing examiner shall constitute a separate violation for which civil penalties may be assessed per POMC § 2.64.030, and shall constitute a misdemeanor, punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine.

(Ord. 011-25, 9/9/2025)

§ 2.64.060 Appeal to the hearing examiner.

Standing and Filing Procedures. Any person subject to a notice of violation issued by the code enforcement officer pursuant to this chapter may appeal the notice by filing such appeal with the city clerk within 10 calendar days following service of the notice, along with a filing fee in an amount set by resolution of the City Council. When the last day of the period so computed is a Saturday, Sunday or a federal or city holiday, the period shall run until 5:00 p.m. on the next business day. The request shall be in writing, and upon receipt of the appeal request, city staff shall forward the request to the office of the hearing examiner. The filing of such an appeal shall not alter the time for compliance unless modified by the hearing examiner. If an appeal is not filed within 10 calendar days after the notice of violation is served, the violation shall be deemed committed and monetary penalties shall be assessed pursuant to the deadlines set forth in the notice of violation and subject to the collection and enforcement procedures as detailed in this chapter.

If the notice of violation is not appealed, any concurrent or subsequent penalty assessments related to continued or uncorrected violations shall not be subject to appeal, but may be eligible for mitigation as provided in this chapter.

The timely filing of an appeal shall not stay the effective date of the notice of violation and required remediation unless the Hearing Examiner so orders.

Content of Appeal. Appeals shall be in writing, be accompanied by an appeal fee as set by resolution, and contain the following information:

Appellant's name, address, email address, and phone number;

Appellant's statement describing the appellant's standing to appeal;

Identification of the application and/or notice which is the subject of the appeal;

Appellant's statement of grounds for appeal and the facts upon which the appeal is based. The statement of grounds for appeal must include issues the appellant is requesting to be heard in the appeal hearing. Additional issues not expressly stated in the appeal documents shall not be considered by the Hearing Examiner. Additional information on each of the stated appeal issues may be submitted at any time up to and during the appeal hearing;

The relief sought, including the specific nature and extent;

A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant's signature.

(g)

The Director shall reject any appeal that fails to meet the filing and submittal requirements of this section. The appeal fee shall be refunded in the event the Director rejects the appeal or in the event that the appellant files a statement with the City Clerk withdrawing the appeal at least 15 calendar days before the scheduled hearing. In all other cases, the appeal fee shall be nonrefundable.

Where feasible, the hearing examiner will schedule a hearing within 90 days of the receipt of the notice of appeal. The hearing examiner shall provide at least 10 days' notice to the applicant and code enforcement officer of the pending hearing.

Procedure. The hearing examiner may conduct a hearing on the violation pursuant to any procedural rules or orders duly issued by the examiner where requested by the parties or appropriate in the hearing examiner's discretion. The applicable city staff, including but not limited to the code enforcement officer or designee, and the person to whom the notice of violation was directed may participate as parties in the hearing and each party may call witnesses. The determination of the applicable code enforcement officer and/or staff as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action; however, where a person has previously been found to have committed the same violation, issuance of a notice of violation alleging the same offense shall constitute prima facie evidence of the new violation and create a rebuttable presumption of having committed the new violation. In addition, other chapters of the code may allow a rebuttable presumption in favor of the city in specific circumstances.

Decision of the Hearing Examiner.

The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city's decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.

Where corrective action is required, the court shall give substantial weight to the city's determination regarding the nature of any such action required, and whether such action has been satisfactorily performed.

If the hearing examiner determines that the violation has occurred, where requested by the city, monetary penalties will be assessed against the responsible party. The hearing examiner has authority to determine whether the accrual of monetary penalties shall begin: (i) on the date the notice of violation was issued, (ii) following any correction deadline ordered or affirmed by the hearing examiner, in the event the corrective action is not completed, or (iii) any other date as determined to be reasonable under the circumstances.

The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:

The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

The required corrective action;

The date and time by which the correction must be completed;

The imposition of monetary penalties and the hearing examiner's decision, if any, with regard to when such penalties will or have begun to accrue;

The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

Notice of Decision. The hearing examiner shall mail a copy of the order to the appellant, the city attorney, and to the applicable staff within 15 business days of the hearing.

The decision of the Hearing Examiner is final and not subject to further administrative appeal.

A person who does not contest the notice of violation but seeks a reduction of a civil penalty may submit a written request for a mitigation hearing to the City Clerk within 10 calendar days of the date of service of the assessment of penalties.

The request for mitigation shall include:

The name and contact information of the person requesting mitigation;

The notice of violation number;

A statement explaining the basis for the mitigation request (e.g., financial hardship, good faith effort to comply, correction completed, etc.).

Upon receipt of a timely request, the City shall schedule a mitigation hearing before the hearing examiner, to be held within a reasonable time. Notice of the hearing date, time, and location shall be provided to the requesting party at least 10 calendar days in advance of the hearing.

The hearing examiner shall consider only whether the amount or terms of the civil penalty should be reduced or modified for good cause shown. The underlying violation(s) may not be contested at a mitigation hearing. The hearing examiner may consider relevant factors in determining good cause, including, but not limited to:

Whether the violation was promptly corrected;

Whether the violation was committed in good faith;

The financial circumstances of the responsible party;

Any prior history of code violations;

Impact of the violation on the community or environment.

At the conclusion of the hearing, the hearing examiner may:

Confirm the original penalty;

Reduce the penalty;

Establish a payment plan; or

Modify other terms related to the penalty.

The decision of the hearing examiner is final and not subject to further administrative appeal.

(7)

Failure to Appear. If the person to whom the notice of violation was issued fails to appear at the scheduled hearing, the hearing examiner may enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The city will carry out the hearing examiner's order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

(8)

Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person responsible for the violation of the duty to correct the violation.

(9)

Appeal to Superior Court — Land Use Decision. Judicial review of a land use decision, as defined in RCW 36.70C.020, made by the hearing examiner must be made pursuant to the provisions of the Land Use Petition Act, Chapter 36.70C RCW.

(Ord. 011-25, 9/9/2025)

§ 2.64.070 Abatement.

Initiation. The city may initiate an abatement action to abate a violation and/or any condition caused by a violation when:

A responsible party fails to complete any required corrective action by the deadline provided in a notice of violation;

The terms of a voluntary correction agreement have not been met;

Pursuant to any order by the hearing examiner; or

At any time when, in the discretion of the code enforcement officer, abatement will be an effective means to obtain compliance.

Procedure. Except for circumstances addressed in subsection (3) of this section, an abatement action shall be commenced by filing a complaint for a warrant of abatement with the Kitsap County superior court.

Summary Abatement. Whenever a violation of a regulation causes a condition that poses an immediate or imminent threat to the safety of persons, property, or significant environmental damage, the city shall, upon the advice of the city attorney, take emergency action to abate the condition without requiring prior notice to public or private persons whose property may be affected by the city's actions. Such emergency action may involve entry onto private property. However, notice of abatement action, including the reason for it, shall be given to the person responsible for the violation, as well as any other party requesting such information, as soon as reasonably possible after the condition creating the emergency has been abated.

§ 2.64.090 Recovery of costs for enforcement.

Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city or its officials in accordance with this code and the laws of the state of Washington, including but not limited to the abatement of unfit dwellings pursuant to Chapter 20.212 POMC and Chapter 35.80 RCW.

(Ord. 011-25, 9/9/2025)

§ 2.64.080 Injunction.

In addition to, or in lieu of, any other enforcement action, the city may seek an injunction to prohibit the use of any building, structure, vehicle, personal property, or real property, or any portion(s) thereof, that constitutes a violation of any regulation which is enforced by this chapter, including but not limited to the regulations outlined in POMC § 2.64.040.

(Ord. 011-25, 9/9/2025)

All costs incurred by the city, including incidental expenses, for correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use, and/or occupy the property; owners and tenants shall be jointly and severally liable, except where prohibited by law.

Costs of abatement shall become due and payable to the city within 30 calendar days from the date abatement begins. The city attorney may, at their discretion, allow a payment schedule or negotiate a reduced settlement when such a settlement is in the best interests of justice or the city's budgetary needs.

The city may request, and the court may require, that the costs of abatement be ordered as restitution in any legal proceeding resulting from a notice of violation being issued against a person.

Recoverable "incidental expenses" shall include, but not be limited to, personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the violation; hauling, storage, and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.

Should the responsible party fail to pay costs under this section, the city may, after abating a nuisance, file for record with the Pierce County auditor to claim a lien against the real property for the civil penalties, fees, and costs assessed that are reasonably related to the real property in accordance with any lien provisions authorized by state law.

Any lien filed shall be subject to priority pursuant to state law, including but not limited to RCW 35A.21.405, as now adopted or hereafter amended. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law.

(Ord. 011-25, 9/9/2025)

§ 2.64.100 Interfering with abatement.

The following acts shall constitute a misdemeanor punishable by imprisonment in jail for a maximum term fixed by the court of not more than 90 days, or by a fine in an amount fixed by the court of not more than $1,000, or by both such imprisonment and fine:

Intentionally obstructing, impeding, or interfering with the city or its agents who are lawfully engaged in abating a violation. Agents of the city shall include any person who holds an interest in the property at issue, when that person is lawfully engaged in abating a violation.

Removing or defacing any sign, notice, complaint or order required by or posted in accordance with this chapter.

§ 2.64.110 Additional enforcement procedures.

Expressly or implicitly giving the impression of being the code enforcement officer or an inspector for the city of Port Orchard without holding such valid or legal credentials as may be appropriate for such duties.

(Ord. 011-25, 9/9/2025)

The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the Port Orchard Municipal Code except as precluded by law.

(Ord. 011-25, 9/9/2025)

§ 2.64.120 Conflicts.

In the event of a conflict between this chapter and any other provision of the Port Orchard Municipal Code or city ordinance providing for a civil penalty, this chapter shall control.

(Ord. 011-25, 9/9/2025)

§ 2.64.130 Severability – Construction.

If a section, subsection, paragraph, sentence, clause, or phrase of this chapter is declared unconstitutional or invalid for any reason by any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this chapter.