The purpose of this chapter is to provide a uniform code enforcement process and to provide penalties to address code violations for certain ordinances of the city of Prosser, Washington.
(Ord. 2602 § 2, 2008)
As used in this chapter unless the context clearly requires otherwise:
"Abate"
means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil infraction by such means, in such a manner and to such an extent as the code official determines is necessary in the interest of the general health, safety, and welfare of the community;
"City"
means the city of Prosser, Washington;
"Code"
means the provisions of the Prosser Municipal Code except those contained in Chapter 6.16, and Titles 9 and 10;
"Code official"
means any city police officer, or the person or persons authorized by ordinance to enforce the provisions of the Prosser Municipal Code section for which an alleged violation has occurred;
"Court"
means the Benton County district court;
"Person"
means any individual, firm, association, partnership, corporation, or any entity, public or private;
"Person responsible for the violation"
means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a civil infraction or causes or permits a civil infraction to occur or remain upon property in the city, and includes but is not limited to the owner(s), lessor(s), or other person(s) entitled to control, use, and/or occupy property where a civil violation occurs;
"PMC"
means the Prosser Municipal Code;
"RCW"
means the Revised Code of Washington;
"Repeat violations"
means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil infraction has been issued within two years;
"Violation"
means an act or omission contrary to a city of Prosser ordinance regulation including an act or omission, and including a condition resulting from such act or omission.
(Ord. 2602 § 3, 2008)
It shall be the duty of the code official to enforce the provisions of the code which duty shall be concurrent with the authority of the Prosser police department to enforce the provisions of the code. No provisions contained in this chapter nor term used in this chapter shall impose any duty upon the city or any of its officers or employees which would subject them to damages in a civil action.
(Ord. 2602 § 4, 2008)
A. 
Applicability. This section applies whenever the code official determines that a violation which constitutes a civil infraction has occurred or is occurring.
B. 
General. The code official shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation where reasonably possible, explaining the violation and requesting correction.
C. 
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 code official acting under the direction of the mayor. The mayor is authorized to sign the agreement on behalf of the city.
1. 
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:
a. 
The name and address of the person responsible for the violation; and
b. 
The street address or a description sufficient for identification of the building, structure, premises, or land upon which or within which the violation has occurred or is occurring; and
c. 
A description of the violation and a reference to the provision(s) of the city ordinance or regulations which has been violated; and
d. 
The necessary corrective action to be taken, and a date and time by which the corrective action must be completed; and
e. 
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 all terms of the voluntary correction agreement are not met; and
f. 
An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to any appeal of the violation and/or the required corrective action.
2. 
Administrative Review of Compliance. After the person responsible for the violation has given notice to the city of completion of the abatement required under the voluntary correction agreement, the code official shall, within five working days, determine if the abatement is complete. If the code official determines that the abatement is not complete, the person responsible for the violation shall have five days in which to file an appeal with the city administrator of the city for review of such determination, which review shall be completed within thirty days of the date of the receipt of the notice of review. The only issue subject to review shall be whether there has been complete compliance with the terms of the voluntary correction agreement.
3. 
Extension—Modification. An extension of the time limit for correction or modification of the required corrective action may be granted by the code official, in writing, if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
4. 
Abatement by the City. The city may abate the violation in accordance with Section 1.40.050 if the terms of the voluntary correction agreement are not met.
5. 
Collection of Costs. If the terms of the voluntary correction agreement are not met, the person responsible for the violation shall commit a Class 1 civil infraction and shall commit an additional Class 1 civil infraction for each day in which he or she is not in compliance with the voluntary correction agreement. In addition, such person shall be liable for all costs and expenses of abatement, as set forth in Section 1.40.050(D). The date the city completes the abatement shall be the last day a civil infraction may be issued by the code official.
(Ord. 2602 § 5, 2008)
A. 
Issuance.
1. 
When the code official determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Section 1.40.030, the applicable department director may issue a notice of civil violation to the person responsible for the violation.
2. 
The applicable code official may issue a notice of civil violation without having attempted to secure voluntary correction as provided in Section 1.40.030 under the following circumstances:
a. 
When an emergency exists; or
b. 
When a repeat violation occurs; or
c. 
When the violation creates a situation or condition which cannot be corrected; or
d. 
When the person knows or reasonably should have known that the action is in violation of a city regulation or ordinance.
3. 
Penalty. The maximum penalty for each separate violation per day or portion thereof shall be as follows:
a. 
First day of each violation—Class 4 civil infraction;
b. 
Second day sof each violation—Class 3 civil infraction;
c. 
Third day of each violation—Class 2 civil infraction;
d. 
Each additional day of each violation beyond the third day of each violation—Class 1 civil infraction.
(Ord. 2602 § 6, 2008)
A. 
The city may abate the condition which was caused by or continues to be a civil infraction when:
1. 
The terms of voluntary corrective agreement pursuant to Section 1.40.030 have not been met; or
2. 
A notice of civil infraction has been issued pursuant to Section 1.40.040 and the civil infraction has been entered into the court records as committed; or
3. 
The condition is subject to summary abatement as provided for in subsection B of this section.
B. 
Summary Abatement. Whenever any violation of an ordinance or regulation causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. For violations of Title 15, all notices, if any, required under Title 15 shall be given in accordance with such provision before the city may summarily abate a violation.
C. 
Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
D. 
Recovery of Costs and Expenses. The cost, including incidental expenses, of 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 and shall become due and payable to the city within ten business days. The term "incidental expense" shall include, but not be limited to, personnel costs, both direct and indirect, including attorneys' 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.
(Ord. 2602 § 7, 2008)
The provisions of this chapter are not exclusive, and shall not preclude the city from instituting appropriate action to restrain, correct, or abate a violation of the Prosser Municipal Code, except as precluded by law. Issuance or disposition of a notice of civil infraction shall not limit or preclude any other action of proceeding pursuant to another ordinance of the city.
(Ord. 2602 § 8, 2008)
A. 
A civil infraction proceeding is initiated by the issuance, service, and filing of a notice of civil infraction.
B. 
A notice of civil infraction may be served and issued by the code official when the civil infraction occurs in the code official's presence.
C. 
A court may issue a notice of infraction for a violation of the code if the code official files a notice of civil infraction with the court stating that the civil infraction was committed in his or her presence or if he or she has reasonable cause to believe that a civil infraction was committed.
D. 
Service of the notice of civil infraction issued under subsection B or C of this section shall be as provided in IRLJ 2.2(c)(1) and (3), as applicable.
(Ord. 2602 § 9, 2008)
The form for the notice of civil infraction shall be as prescribed by rule of the Washington Supreme Court and shall include the following:
A. 
A statement that the notice represents a determination that the infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this chapter;
B. 
A statement that a civil infraction is a noncriminal offense for which imprisonment may not be imposed as a sanction;
C. 
A statement of the specific civil infraction for which the notice was issued;
D. 
A statement of the monetary penalty established for the civil infraction;
E. 
A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options;
F. 
A statement that at any hearing to contest the determination the city has the burden of proving, by a preponderance of the evidence, that the civil infraction was committed; and that the person may subpoena witnesses, including the code official who issued and served the notice of infraction;
G. 
A statement that at any hearing requested for the purpose of explaining mitigating circumstances surrounding the commission of the civil infraction, the person will be deemed to have committed the civil infraction and may not subpoena witnesses;
H. 
A statement that the person must respond to the notice as provided in this chapter within fifteen days;
I. 
A statement that failure to respond to the notice or a failure to appear at a hearing requested for the purpose of contesting the determination or for the purpose of explaining mitigating circumstances will result in a default judgment against the person in the amount of the penalty and that this failure may be referred to the prosecuting attorney for criminal prosecution for failure to respond or appear;
J. 
A statement that failure to respond to a notice of civil infraction or to appear at a requested hearing is a misdemeanor and may be punished by a fine or imprisonment in jail or both such fine and imprisonment.
(Ord. 2602 § 10, 2008)
A notice of infraction shall be filed in the court within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. The court shall have jurisdiction to hear and determine these matters. A notice of infraction not filed within the time limits of this section may be dismissed without prejudice.
(Ord. 2602 § 11, 2008)
A. 
A person who receives a notice of civil infraction shall respond to the notice as provided in this section within fifteen days of the date the notice was served.
B. 
If the person named in the notice of civil infraction does not contest the determination, the person shall respond by completing the appropriate portion of the notice of civil infraction and submitting it, either by mail or in person, to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response order shall be furnished to the city.
C. 
If the person named in the notice of civil infraction wishes to contest the determination, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. The date of the hearing shall not be earlier than seven days nor more than ninety days from the date of the notice of the hearing, except by agreement of the person named in the notice of civil infraction.
D. 
If the person determined to have committed the civil infraction does not contest the determination but wishes to explain mitigating circumstances surrounding the infraction, the person shall respond by completing the portion of the notice of civil infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than ninety days from the date of the notice of the hearing, except by agreement of the person named in the notice of civil infraction.
E. 
The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction, and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing if any person issued a notice of a civil infraction:
1. 
Fails to respond to the notice of civil infraction as provided in subsection B of this section; or
2. 
Fails to appear at a hearing requested pursuant to either subsection C or D of this section. If a default judgment is entered, the court shall notify the city of the entry of the default judgment, and the reason for such entry.
(Ord. 2602 § 13, 2008)
A. 
Any person who, after receiving a statement of the options provided in this chapter for responding to the notice of civil infraction and the procedures necessary to exercise these options, fails to exercise one of the options in a timely manner is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction. A notice of civil infraction may be complied with by an appearance by counsel.
B. 
A person who willfully fails to pay a monetary penalty, unless indigent, under this chapter may be found in contempt of a court as provided in Chapter 7.21 RCW.
(Ord. 2602 § 14, 2008)
A. 
A person subject to proceedings under this chapter may appear or be represented by counsel.
B. 
The city prosecutor may, but need not, appear in any proceedings under this chapter.
(Ord. 2602 § 15, 2008)
A. 
A hearing held to contest the determination that a civil infraction has been committed shall be without a jury.
B. 
The court may consider the notice of civil infraction and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized representative who has issued and served the notice, and has the right to present evidence and examine witnesses present in court.
C. 
The burden of proof is on the city to establish the commission of the civil infraction by a preponderance of evidence.
D. 
After consideration of the evidence and argument, the court shall determine whether the civil infraction was committed. If it has not been established that the civil infraction was committed, an order dismissing the notice shall be entered in the court's records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court's records.
E. 
An appeal from the court's determination or order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. The decision of the superior court is subject only to discretionary review pursuant to the Rules of Appellate Procedure.
(Ord. 2602 § 16, 2008)
A. 
A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of a civil infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.
B. 
After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court's records.
C. 
There shall be no appeal from the court's determination or order.
(Ord. 2602 § 17, 2008)
A. 
Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction.
B. 
A person found to have committed a civil infraction shall be assessed a monetary penalty as follows:
1. 
The maximum penalty and the default amount for a Class 1 civil infraction shall be two hundred fifty dollars, not including statutory assessments.
2. 
The maximum penalty and the default amount for a Class 2 civil infraction shall be one hundred twenty-five dollars, not including statutory assessments.
3. 
The maximum penalty and the default amount for a Class 3 civil infraction shall be fifty dollars, not including statutory assessments.
4. 
The maximum penalty and the default amount for a Class 4 civil infraction shall be twenty-five dollars, not including statutory assessments.
C. 
The court may also order a person found to have committed a civil infraction to make restitution.
D. 
Each party to a civil infraction case is responsible for costs incurred by that party, but the court may assess witness fees against a non-prevailing respondent. Attorneys' fees may be awarded to either party in a civil infraction case.
E. 
Whenever a fine is imposed by a court under this chapter it is immediately payable. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay.
(Ord. 2602 § 18, 2008)
A. 
An order entered after the receipt of a response which does not contest the determination, or after it has been established at a hearing that the civil infraction was committed, or after a hearing for the purpose of explaining mitigating circumstances is civil in nature.
B. 
The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction. If the court determines that a person has insufficient funds to pay the monetary penalty, the court may reduce or eliminate the monetary penalty.
(Ord. 2602 § 19, 2008)
A person who is to receive a notice of civil infraction is required to identify himself or herself to the code official by giving his or her name, address, and date of birth. Upon the request of the code official, the person shall produce reasonable identification, including a driver's license or identicard. A person who is unable or unwilling to reasonably identify himself or herself to the code official may be detained for a period of time not longer than is reasonably necessary to identify the person for purposes of issuing a civil infraction. The city shall adopt rules on identification and detention of persons committing civil infractions.
(Ord. 2602 § 20, 2008)
Unless otherwise specifically provided for, any person who is convicted of violating or failure to comply with any of the criminal provisions of this title shall be subject to the following penalties:
A. 
Gross Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a five thousand dollar fine or one year in jail or both. If no state law provides for such penalty, then the penalty shall be a five thousand dollar fine or one year in jail or both.
B. 
Misdemeanor. The penalty provided by state law as now existing or hereafter amended for the same violation or type (degree) of violation, but not to exceed a one thousand dollar fine or ninety days in jail or both. If no state law provides for such penalty, then the penalty shall be a one thousand dollar fine or ninety days in jail or both.
(Ord. 2602 § 21, 2008)
In the event of a conflict between this chapter and any other provision of the Prosser Municipal Code or city ordinances providing for a civil penalty, this chapter shall control. The provisions of the dog controls, Chapter 6.16, penal code, Title 9, and the traffic code, Title 10, do not apply to this chapter except as otherwise provided for herein.
(Ord. 2602 § 22, 2008)
Except as otherwise provided herein, for the purposes of the Prosser Municipal Code, whenever the terms "civil violation," "monetary penalty," "infraction" and "civil penalty" are used in any code, ordinance or regulation of the city, those terms shall be deemed to have the same meaning as the term civil infraction, as used herein.
(Ord. 2602 § 23, 2008)
If any section, subsection, sentence, clause, paragraph, phrase, or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, paragraph, phrase or word of this chapter.
(Ord. 2602 § 24, 2008)