The provisions of this chapter shall apply to RMC Title 5, Licensing and Taxation; Title 6, Boating; Title 7, Animals; Title 8, Health and Sanitation; Title 10, Civil Violations; Title 11, Traffic; Title 12, Streets and Sidewalks; Title 14, Electricity; Title 15, Solid Waste; Title 17, Sewers; Title 18, Water; Title 20, Life Safety; Title 21, Buildings and Construction; Title 22, Environment; Title 23, Zoning Regulations; Title 24, Plats and Subdivision; Title 26, Shoreline Management; and Title 27, Signs.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
The purpose of this chapter is to establish an efficient system to enforce the regulations of the city of Richland, to provide an opportunity for a prompt hearing on alleged violations of such regulations, to establish monetary penalties for violations as authorized by RCW 35.22.280, and to establish a standard procedure to be used by the city to abate unsafe or unlawful conditions.
Further, it is the purpose of this chapter to generally provide civil penalties for non-fire code violations of RMC Titles 5, 6, 7, 8, 10, 11, 12, 14, 15, 17, 18, 20, 21, 22, 23, 24, 26, and 27, all standards, regulations and procedures adopted pursuant to those titles, and the terms and conditions of any permit or approval issued pursuant to those titles which do not involve imminent danger to the public health, safety and welfare of persons or property, and such other code provisions as are specified. Criminal penalties provided in this code for non-fire violation of RMC Titles 5, 6, 7, 8, 9, 11, 12, 14, 15, 17, 18, 20, 21, 22, 23, 24, 26, and 27, and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles whether contained in this chapter of the RMC or in the individual titles, are superseded to the extent provided herein.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
As used in this chapter, unless a different meaning is plainly required:
"Abate"
means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.
"Act"
means doing or performing something.
"Applicable department director"
means the director of the department or any designated alternate empowered by ordinance or by the city manager to enforce a city of Richland ordinance or regulation.
"Civil violation"
means a violation for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs is a separate violation.
"Code enforcement board"
means the Richland code enforcement board established pursuant to RMC § 2.20.010.
"Criminal violation"
means a violation of the municipal code which may be imposed as provided in this code in those situations where multiple or ongoing and repeat offenses have occurred and is a misdemeanor subject to a misdemeanor penalty pursuant to RMC § 9.02.020(C).
"Development"
means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city of Richland regulation.
"Emergency"
means a situation, which the applicable department director determines requires immediate action to prevent or eliminate threat to the health or safety of persons or property.
"Omission"
means a failure to act.
"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 violation, or causes or permits a civil violation to occur or remain upon property in the city, and includes but is not limited to the owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a civil violation occurs.
"Regulation"
means and includes the following as now or hereafter amended:
A. 
RMC Title 5, Licensing and Taxation; Title 6, Boating; Title 7, Animals; Title 8, Health and Sanitation; Title 10, Civil Violations; Title 11, Traffic; Title 12, Streets and Sidewalks; Title 14, Electricity; Title 15, Solid Waste; Title 17, Sewers; Title 18, Water; Title 20, Life Safety; Title 21, Buildings and Construction; Title 22, Environment; Title 23, Zoning Regulations; Title 24, Plats and Subdivision; Title 26, Shoreline Management; and Title 27, Signs.
B. 
All standards, regulations and procedures adopted pursuant to the above; and
C. 
The terms and conditions of any permit or approval issued by the city or any concomitant agreement with the city.
"Repeat violation"
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 violation has been issued within two years.
"Violation"
means an act or omission contrary to a city of Richland regulation including an act or omission at the same or different location by the same person, and including a condition resulting from such act or omission.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
A. 
Applicability. This section applies whenever the applicable department director determines that a violation of a regulation has occurred or is occurring.
B. 
General. The applicable department director shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation where 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 applicable department director.
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. 
Description of the violation and a reference to the provision(s) of the city of Richland 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;
e. 
An agreement by the person responsible for the violation that the city of Richland 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 an administrative 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 applicable department director shall, within three working days, determine if the abatement is complete. If said director 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 community and economic development director of the city for review of such determination, which review shall be completed within 30 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 applicable department director 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 RMC § 10.02.070 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 be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with RMC § 10.02.050(E), plus all costs and expenses of abatement, as set forth in RMC § 10.02.070(D).
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
A. 
Issuance.
1. 
When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to RMC § 10.02.040, the applicable department director may issue a notice of civil violation to the person responsible for the violation.
2. 
The applicable department director may issue a notice of civil violation without having attempted to secure voluntary correction as provided in RMC § 10.02.040 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 of Richland regulation.
B. 
Content. The notice of civil violation shall include the following information:
1. 
The name and address of the person responsible for the violation; and
2. 
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
3. 
A description of the violation and a reference to the provision(s) of the city of Richland regulations which has been violated; and
4. 
The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition in accordance with RMC § 10.02.070 and the code enforcement board's order; and
5. 
The date, time and location of an appeal hearing before the code enforcement board, which will be at least 10 days from the date the notice of civil violation is issued; and
6. 
A statement indicating that a minimum $50.00 penalty shall be assessed by the code enforcement board; and
7. 
A statement that the costs and expenses of abatement incurred by the city pursuant to RMC § 10.02.070(D) and a monetary penalty in an amount per day for each violation as specified in subsection (E) of this section may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the code enforcement board.
C. 
Service of Notice. The applicable department director shall serve the notice of civil violation upon the person to whom it is directed, either personally or by mailing, by both regular mail and certified mail, a copy of the notice of violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Benton County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. 
Extension. No extension of the time specified in the notice of civil violation for correction of the violation may be granted, except by order of the code enforcement board.
E. 
Monetary Penalty. A minimum penalty of $50.00 shall be assessed for each offense requiring a notice of civil violation. The maximum monetary penalty for each separate violation per day or portion thereof shall be $500.00 per violation per day or portion thereof to a maximum penalty of $5,000 for all offenses. Repeat violations shall result in a doubled daily monetary amount. Upon the third violation of the same regulation at the same location within two years, the violation shall constitute a criminal offense and shall subject the violator to criminal prosecution and penalties as set forth in RMC § 10.02.030.
F. 
Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.
G. 
Collection of Monetary Penalty.
1. 
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 of Richland within 30 calendar days from the date of mailing of the code enforcement board's decision or a notice from the city that penalties are due.
2. 
The city manager or his/her designee is authorized to take appropriate action to collect the monetary penalty.
3. 
In the event of an appeal to the code enforcement board, monetary penalties as provided herein shall accrue during the appeal period unless the appellant prevails on appeal. Accrued monetary penalties shall not exceed three times the amount of the daily monetary penalty for any single violation from the first date of violation through the date the code enforcement board renders a final decision.
H. 
Entry to Buildings and Premises – Warrants. Whenever necessary to make an inspection to determine whether a civil violation has occurred or is occurring, or to enforce any provision of the Richland Municipal Code, or regulation issued thereunder, violation of which is a civil violation under this chapter, the applicable department director or his designee may enter any building or premises at any reasonable time, provided if such building or premises is occupied he shall first present credentials and demand entry; and if such building or premises is not occupied, he shall first make a reasonable effort to locate the owner or other person having charge of the building or premises and demand entry. If such entry is refused, or the owner or other person having charge of the building or premises cannot be located, the applicable department director or his designee shall have recourse to every remedy provided by law to secure entry, including recourse to the district or superior court for issuance of a warrant authorizing such entry and inspection.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
A. 
Notice. A person to whom a notice of civil violation is issued will be scheduled to appear at a hearing before the code enforcement board at the next regularly scheduled code enforcement board meeting.
B. 
Prior Correction of Violation. A minimum $50.00 penalty shall be assessed regardless if the required corrective action is completed prior to the scheduled hearing.
C. 
Procedures. The code enforcement board shall conduct a hearing on the civil violation pursuant to the rules of procedure of the code enforcement board. The applicable department director and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable. The determination of the applicable department director as to the need for the required correction action shall be accorded substantial weight by the code enforcement board in determining the reasonableness of the required corrective action.
D. 
Decision of the Code Enforcement Board.
1. 
The code enforcement board shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, vacate, or modify the city's decision regarding the alleged violation and/or the required corrective action, with or without written conditions.
2. 
The code enforcement board shall issue an order to the person responsible for the violation which contains the following information:
a. 
The decision regarding the alleged violation including findings of fact and conclusion based thereon in support of the decision.
b. 
The required corrective action.
c. 
The date and time by which the correction must be completed.
d. 
The monetary penalties assessed based on the criteria in subsection (D)(3) of this section.
e. 
The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
3. 
Assessment of Monetary Penalty. Monetary penalties assessed by the code enforcement board shall be in accordance with the monetary penalty schedule in RMC § 10.02.050(E). The code enforcement board shall have the following options in assessing monetary penalties:
a. 
Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or
b. 
Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the code enforcement board and thereafter; or
c. 
Assess less than the maximum monetary penalty.
4. 
Determining the Monetary Penalty Assessment. When determining the monetary penalty assessment, the code enforcement board shall consider the following factors:
a. 
Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation;
b. 
Whether the person failed to appear at the hearing;
c. 
Whether the violation was a repeat violation;
d. 
Whether the person showed due diligence and/or substantial progress in correcting the violation;
e. 
Whether a genuine code interpretation issue exists; and
f. 
Any other relevant factors.
The code enforcement board may double the daily monetary penalty schedule if the violation is a repeat violation. In determining the amount of the monetary penalty for repeat violations the code enforcement board shall consider the factors set forth in subsection (D)(3) of this section.
E. 
Notice of Decision. The code enforcement board shall mail, by both first class and certified mail, a copy of the decision to the appellant within 20 business days of the hearing.
F. 
Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the code enforcement board will enter an order finding that the violation occurred and assess the appropriate monetary penalty. The city will carry out the code enforcement board's order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.
G. 
Appeal to Superior Court. An appeal of the code enforcement board's decision must be filed no later than 5:00 p.m. on the fourteenth day following the date the written decision is provided to the person responsible for the violation.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1; Ord. 05-18 § 1)
A. 
The city may abate a condition which was caused by or continues to be a civil violation when:
1. 
The terms of voluntary corrective agreement pursuant to RMC § 10.02.040 have not been met; or
2. 
A notice of civil violation has been issued pursuant to RMC § 10.02.050 and a hearing has been held pursuant to RMC § 10.02.060 and the required correction has not been completed by the date specified in the code enforcement board's order; 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 a 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.
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. Judicial process may include but not be limited to the following:
1. 
Obtaining an injunction to terminate the nuisance; and/or
2. 
Seeking a warrant of abatement from the superior court, with the costs of all of the legal processes, including attorney's fees, to be assessed against the violator in addition to the actual costs of abating the nuisance. A judgment in favor of the city may ultimately result in a sale of the property to satisfy the liens for costs incurred in abating the nuisance.
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 of Richland within 10 calendar days. The term "incidental expense" 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.
E. 
Abatement Assessment Liens. In accordance with RCW 35.80.030, and following the hearing and authorization by the code enforcement board, the city finance officer will certify the assessment amount being due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes and when collected to be deposited to the credit of the general fund or other appropriate fund of the city. The lien shall be of equal rank with the state, county and municipal taxes.
F. 
Interference. No person shall obstruct, impede, or interfere with the city or its agents, or with any person who owns or holds any interest or estate in any property, in performing any acts necessary to correct the violation.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Richland Municipal Code except as precluded by law.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
The city attorney or the city attorney's designee is authorized to take any appropriate legal action to collect monetary penalties and necessary and reasonable costs, including liens, materialmen's liens, personal obligations, assignment of claims to collection agencies and other collection methods authorized by law.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
The city official and the city attorney or the city attorney's designee may negotiate a settlement, compromise or otherwise dispose of an action when to do so would be in the best interest of the city.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
In the event of a conflict between this chapter and any other provision of the Richland Municipal Code or city ordinances providing for a civil penalty, this chapter shall control.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1)
If any one or more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity to the remaining portion of this chapter and the same shall remain in full force and effect.
(Ord. 04-10 § 1.01; Ord. 19-12 § 1; Formerly 10.02.130)