As used in this chapter the following words, terms, and phrases shall have the meanings ascribed to them in this section. Words, terms, and phrases not defined herein shall be defined by their plain meaning.
A. “Abate” or “correct” or “remedy,”
1.82.010.A.
or any derivation thereof, means to act to stop an activity, and/or to repair, replace, remove, restore, rehabilitate, or otherwise remedy a condition, where such activity or condition constitutes a violation; provided that, the actions taken must not endanger the general health, safety, and welfare of the community and must resolve the violation by bringing the activity or condition into compliance with the regulation alleged to have been violated, and into compliance with any standards or requirements applicable to the actions taken to repair, replace, remove, restore, rehabilitate, or otherwise remedy the condition.
B. “Building Official” “Business day”
1.82.010.B.
shall mean and refer to the individual authorized by the Director of Planning and Development Services Department of the City to administer and enforce the Building Code, or a duly authorized representative.
shall mean Monday through Friday, excluding all state and national holidays and days that City Administrative Offices are closed due to inclement weather conditions, war, riots, or natural disaster.
C. “City” “Civil infraction” “Compliance officer,” “code enforcement officer,” and “enforcement officer” “Compliance order” “Corporation” “Correction notice” “Corrective action” “Costs of abatement” or “costs of remediation” or “costs of mitigation”
1.82.010.C.
means City of Tacoma, Washington.
shall mean any act or omission that constitutes a violation of any regulation and which violation is designated in the City code as a civil infraction.
shall mean and refer to a person authorized by law to enforce the provisions of any regulation a violation of which is made subject to enforcement under the provisions of this chapter.
shall mean an order or directive that is subject to enforcement under this chapter and issued by a compliance officer directing the responsible person to take corrective action or to cease certain action identified in the order. Compliance orders include, by way of example only and not limitation, an order to take corrective action; a stop-work order; a stop-use order; an emergency order; and an order to vacate, repair, or demolish a non-compliant structure.
means any firm, business, association, partnership, limited liability company, corporation, or other legal entity, public or private, however organized.
means a verbal or written statement, made or issued by a compliance officer, notifying a responsible person that a violation(s) has occurred or may occur, informing such person of the legal and factual basis for the determination that a violation has occurred or may occur, and informing such person that the violation(s) must be abated or mitigated or that certain action must be taken to prevent a violation(s) from occurring. A correction notice is intended to be a warning and is not the equivalent of a compliance order and is not subject to appeal.
means action to abate, mitigate, or remediate.
shall mean the costs of any abatement, remediation, or mitigation action taken by the City to abate, remediate, or mitigate the violation using lawful means in the event that the responsible person fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorneys’ fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and other administrative costs.
D. “Day” or “days,” “Development”
1.82.010.D.
as used in this chapter, shall mean calendar days, unless expressly stated otherwise in a given section or subsection. Any portion of a 24-hour day shall constitute a full calendar day.
means the erection, installation, alteration, enlargement, demolition, maintenance, or use of any building, structure, or associated equipment, or the alteration or use of land above, at, or below ground or water level, and all acts authorized by a City permit, approval, provision of the development code, or other regulation.
E. “Emergency”
1.82.010.E.
means a situation that requires immediate action to prevent or eliminate an imminent threat to the health, welfare, or safety of persons or property.
F.
1.82.010.F.
G.
1.82.010.G.
H. “Hearing examiner”
1.82.010.H.
means the Tacoma Hearing Examiner, and the office thereof established pursuant to Tacoma Municipal Code (“TMC”) Chapter 1.23 to hear appeals of civil violations and compliance orders.
I.
1.82.010.I.
J.
1.82.010.J.
K.
1.82.010.K.
L.
1.82.010.L.
M. “Mailing” or “service by mail” “Mitigate”
1.82.010.M.
shall mean sending the document by regular, first-class mail, postage prepaid and properly addressed, to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed; if an address has not been provided to the City, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address used for the payment of utilities for the property at which the violations are occurring; or the address appearing on the project permit application. Where service of the notice of violation is by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.
means to take measures, subject to City approval, to minimize the harmful effects of the violation where abatement is either impossible or unreasonably burdensome.
N. “Notice of infraction” or “notice of civil infraction” “Notice of violation” or “notice of civil violation”
1.82.010.N.
means a written statement compliant with the rules of the Washington Supreme Court, representing a determination that a civil infraction has been committed, and issued under authority of Chapter 7.80 RCW or a civil infraction system approved by ordinance adopting a civil infraction system under authority of Chapter 7.80 RCW.
means a written statement, issued by a compliance officer, which contains the information required under TMC § 1.82.050B, and which notifies a person that the person is responsible for one or more violations.
O. “Owner”
1.82.010.O.
means any person, including any person, agent, operator, or corporation having a legal or equitable interest in the property; or recorded in the official records of the Pierce County Assessor as holding title to the property; or otherwise having control of the property, including tenants, the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, as well as a bankruptcy trustee.
P. “Person” “Personal service” “Posting” “Project permit” or “project permit application” “Public official” “Publication”
1.82.010.P.
means any individual or corporation. Because “person” shall include both human and non-human entities, any of the following pronouns may be used to describe a person: he, she, or it.
shall mean handing the document to the person subject to the document or leaving it at the person’s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at the person’s office or place of employment with a person in charge thereof.
shall mean affixing a copy of the document in a conspicuous place on the property(ies) where the violation occurred, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting shall be accomplished on the date of the posting in compliance with this section.
means any land use or environmental permit, approval, or license required from the City for a project action, including, by way of example and not limitation, building permits, street cut permits, clearing and grading permits, street excavation permits, sign permits, subdivisions, short subdivisions, re-plats, re-divisions, boundary line adjustments, lot combinations, binding site plans, planned unit developments, development permits, conditional use permits, shoreline substantial development permits, site plan reviews, permits or approvals required by critical area ordinances or flood control ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
means the City Manager or designee, the Building Official, and any Director, or other City official, vested with authority under the TMC for the interpretation or enforcement of any regulation subject to enforcement under the provisions of this chapter.
Q.
1.82.010.Q.
R. “Regulation” or “city regulation”1. 2. 3. 4. 5. “Remediate” “Repeat violation” “Responsible person”
1.82.010.R.
means and includes any of the following:
Any title, chapter, section, or subsection of the TMC, as now or may be hereafter amended, renumbered, or recodified, that is by law made subject to enforcement under the provisions of this chapter;
All standards, regulations, rules, requirements, and procedures, and any amendments thereto, adopted or promulgated by the City Council, or by a City officer pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
The terms and conditions of any project permit or approval issued or granted by the City pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
The terms and conditions of any order, compliance order, permit, or license issued or granted by a City official pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter; and
The terms and conditions of any concomitant or development agreement, with the City, and any amendments thereto, which has been issued, granted or authorized by the City pursuant to provisions of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter.
means to restore to a condition that complies with the development code or, for sites that have been degraded upon prior ownerships, to restore to a condition that does not pose a probable threat to the environment or to the public health, safety, or welfare.
means, as evidenced by the prior issuance of a correction notice, compliance order, a notice of violation or a notice of civil infraction, that a violation has occurred on the same development site, property, premises, or structure within a two-year period, or the responsible person has committed a violation elsewhere within the City of Tacoma within a two-year period. To constitute a repeat violation, the violation need not be the same type of violation as the prior violation. Policies and procedures promulgated pursuant to Section 1.82.020D may provide that evidence of a prior violation shall be limited to a time period less than two years.
means any of the following: the owner of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; an occupant, or other person, in control of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; a developer, builder, business operator, or owner who is developing, building, or operating a business on the building, premises, structure, or land that is subject to the regulation alleged to have been violated; any person who created, caused, or has allowed the violation to occur; or any person causing, allowing, or knowingly participating in the violation.
S. “Stop-use order” “Stop-work order”
1.82.010.S.
means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist a use identified in the order.
means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist, and/or to take, certain action identified in the order.
T.
1.82.010.T.
U.
1.82.010.U.
V. “Violation”
1.82.010.V.
means an act or omission proscribed by a provision of a regulation, which act or omission is by law made subject to enforcement under the provisions of this chapter.
W.
1.82.010.W.
X.
1.82.010.X.
Y.
1.82.010.Y.
Z.
1.82.010.Z.
(Ord. 28510 Ex. A, 2018-05-15)