2760ORDINANCE NO.2760
AN ORDINANCEOFTHECITY OF MOSES LAKE REPEALINGTHECURRENTCHAPTER 1.20
OF THE MOSES LAKE MUNICIPAL CODE TITLED "ADMINISTRATIVE ENFORCEMENT"AND
ADOPTING A NEW CHAPTER 1.20 TITLED "CIVIL CODE ENFORCEMENT"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE,WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Repeal and Amendment: Moses Lake Municipal Code Chapter 1.20 titled "Administrative
Enforcement"isrepealedinitsentiretyand a new Chapter 1.20 titled "Civil Code Enforcement"isadopted as
follows:
1.20.010 Purpose:The purposeofthischapteristo provide for and promotethe health,safety,andwelfare
ofthe general public;to identify processes andmethods toencouragecompliancewith City code,
ordinances,and regulations;and,to provide opportunity for a prompthearing,decision,andappeal
astoalleged violations ofthe land use codeandotherordinancesandregulations describedin this
chapter.
1.20.020 Definitions:Exceptwhere specifically defined inthis section,all words used inthischapter shall
carry their customarymeanings.The word "shall"isalways mandatory,andtheword "may"denotes
a use of discretion in making a decision.The following words and phrases used inthis chapter
shall have the following meanings:
A."Abate"means to repair,replace,remove,destroy,demolish,board-up,orotherwise remedy
a condition whichconstitutes a civil violation by such means,in such a manner, and to such
extent as the City Building Official,CityManager,orhis/herdesignee determines isnecessary
inthe interest of the general health, safety, and welfare of the community.
^J B."Code Enforcement Officer"means the City Code Enforcement Officer,the Community
Development Director,the City Building Official,and all other City officials designated by
ordinance or bythe City Manager for purposes of enforcing the regulations subjectto the
provisions of this chapter.
C."Emergency"means a situation or civil violation which,in the opinion of the City Building
Official,City Manager,orhisorherdesignee,requires immediate action to prevent oreliminate
an imminent threat to the publichealth, safety, orwelfare of persons or property.
D."Hearing Examiner"means the Moses Lake Hearing Examiner and the office thereof
established pursuant to the Moses Lake Municipal Code.
E."Omission"means a failure to act.
F."Person"means and includes individuals,firms,partnerships,corporations,and all
associations of natural persons, whether acting bythemselves orby an agent oremployee.
G."Person responsible for violation"meanseither the person whocausedtheviolation and/or the
owner,lessor,tenant,orother person entitled to control,use,and/or occupy property where
a civil code violation occurs.
H."Nuisance"is an unlawful act, or omitting to perform a duty, or suffering or permitting any
condition orthing to be orexist, whichact, omission,condition or thing either:
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1.Unreasonably injures orendangersthe comfort,repose,health orsafetyof others;or
2.Offends public decency;or
3. Is offensive to the sense of reasonable persons;or
4.In anyway renders other persons insecure in life oruse of property.
ORDINANCE NO.2760
PAGE 2 April 14, 2014
I."Regulation"means and includes all ofthecode provisions,ordinances,standards,regulations,-^
procedures,terms and/or conditions specified under MLMC 1.20.040.fj
J."Violation"means:
1. An act or omission contrary to any City regulation that promotes or protects the public
health,safety,or welfare or the use and development of land or water,whether or not the
regulation is codified;and/or
2. An act or omission contraryto the conditions of any permit,notice and order, or stop work
or other order issued pursuant to any such regulation.
1.20.030 Declaration of Public Nuisance:All civil code violations are determined to be detrimental to the
public health,safety,and environment,and are declared to be public nuisances.All conditions
determined to be civil code violations shall be subject to and enforced pursuant to the provisions
of this chapter,except where specifically excluded by law or regulation.Any person who willfully
or knowingly causes,aids or abets a civil code violation pursuant to this title by any act of
commission or omission shall be deemed to have committed a civil violation subject to a C-7
penalty.
1.20.040 Applicability:This chapter may be applied for the purposes ofenforcing the following regulations
A. MLMC Title 3,Revenue and Finance;
B. MLMC Title 5,Business Licenses and Regulations;
C. MLMC Title 6,Animals;
D. MLMC Title 8, Health and Safety;
E.MLMC Title 9,Public Peace,Morals and Welfare
F.MLMC Title 10,Streets,Sidewalks and Public Places;
G.MLMC Title 13,Water,Sewers and Public Utilities;
H. MLMC Title 14,Environmental Regulations;
I.MLMC Title 16,Buildings and Construction;
J.MLMC Title 17 ,Subdivisions;
K. MLMC Title 18,Zoning;and
L.Such other code provisions,ordinances,resolutions,or public rules that promote or protect
the public health,safety,or welfare,or the use and development of land and water.
1.20.050 Voluntary Correction Agreement:
A.Content.When the Code Enforcement Officer has determined that a violation has occurred
or is occurring, he or she may enter into a voluntary correction agreement with the person
responsible forthe violation.The voluntarycorrection agreementisawrittencontract prepared
by the City and the person responsible for the violation,under which such person agrees to
abate theviolationwithina specified time and according to specified conditions.The voluntary
correction agreement shall include the following:
1.The name and address of the person responsible for the violation;
2.The streetaddressorotherdescription sufficient foridentificationofthe building,structure,
premises,or land upon or within which the violation has occurred or is occurring;
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PAGE 3 April 14,2014
3. A description of the violation(s) and a reference to the regulation(s) which has been
\)violated;
4.The necessary corrective actionto be taken,and the date bywhich the correction must be
completed which shall be the shortest reasonable time period for compliance, as
determined by the City;
5. An agreement by the person responsible forthe violation that the City may inspect the
premises as may be necessary to determine compliance with the voluntary correction
agreement;
6.The amount of the civil penaltythat will be imposed pursuant to this section ifthe voluntary
compliance agreement is not satisfied;and
7. An agreement by the person responsible for the violation that ifthe Citydetermines that
the terms of the voluntary correction agreement are not met, the City may impose any
remedy authorized by this chapter,including:
a.Assessment of civil penalties identified inthe voluntary correction agreement;
b.Abatement of the violation;
c.Assessment of all costs and expenses incurred by the City to pursue code
enforcement and to abate the violation,including legaland incidental expenses;and
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d.Suspension,revocation,or limitation of a developmental permit.
8. A statement thatthe person responsible forthe violation waives the right to a hearing.
B.Right to a Hearing Waived.In consideration of the City's agreement toenter into a voluntary
correction agreement, the person responsible for the violation shall have no right to an
administrative orjudicial hearing,under thischapter orotherwise,regarding the matter ofthe
violation and/or the required corrective action.
C.Extension and Modification. An extension of the time limit for correction or a modification of
the required corrective action may be granted bythe City ifthe person responsible for the
violation has shown due diligence and/orsubstantial progressincorrecting the violation,but
unforeseencircumstancesdelaycorrection underthe original conditions andthe responsible
person provides the requestin writing clearly establishing the need for suchan extension.
D.Monetary Penalty.If thetermsofthe voluntary correction agreementarenotmet,the person
responsible for the violation maybeassessed a monetary penalty nottoexceedonethousand
dollars ($1,000)for each violation perdayor portion thereof.Civil penalties,in wholeorin part,
may bewaived bytheCity Manager orhis/her designee ifthecodeviolations which formed the
basis forthe civil violationhave beencorrected, and the CityManagerorhis/her designee finds
that compelling reasons justify waiverof all or part of the outstanding civil penalties.
1.20.060 Notice of civil infraction:
A.Issuance.When the Code Enforcement Officer has determined that a violation has occurred
oris occurring,he orshe mayissue a notice of infraction to the person responsible for the
violation.
B.Content.The notice of infraction shall include the following information:
O 1.A statement describing the specific civil infraction for which the notice was issued,
including thedateandlocation,as well as the accompanying statutory citation,ordinance
number,or regulation;
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PAGE4 April 14,2014
2.A statement that the notice of civil infraction represents a determination that a civil ^^
infraction has been committed by the person named in the notice and that the \)
determination is final unless contested as provided in this chapter;
3. A statement that a civil infraction is a noncriminal offense for which imprisonment may not
be imposed as a sanction;
4. A statement of the monetary penalty established for the civil infraction;
5. A statement of the options provided in this chapter for responding to the notice and the
procedures necessary to exercise these options;
6. 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 civilinfraction was committed and
that the person may subpoena witnesses including the Code Enforcement Officer who
issued the notice;
7. 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;
8. A statementthat the person named in the notice must respond as provided inthis chapter
within fifteen (15)days of issuance;and
9.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 forthe purpose of explaining
mitigating circumstances willresult ina default judgmentagainstthe person in the amount
ofthe penalty.
C.Identification and Detention ofPerson Receiving Notice. A person whoreceives a noticeof civil
infraction under this chapter is required to identify himselfor herselfto the Code Enforcement
Officer by giving his or her true name,address,and date of birth. Upon request ofthe Officer,
the person shall produce reasonable identification,including a driver's license or State
identification card.The Code EnforcementOfficer may cause to be detained any person who
is unable or unwilling to reasonably identify himself or herself for purposes of issuing a civil
infraction, for a time not longer than is reasonably necessary to identify the person.
D.Service.The Code Enforcement Officer shall serve the notice of civil infraction upon the
person responsible for the violation,either personally or by mailing a copy of the notice ofcivil
infraction by certified or registered mail, return receipt requested,to such person at his last
known address.Ifthe person responsible for the violation cannot be personally served within
Grant County and if an address for mailed service cannot be ascertained,notice shall be
served by posting a copy of the notice of civilinfraction 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 completing the service,declaring the time and date of service,the
manner by which the service was made and, if by posting,the facts showing the attempts to
serve the person personally or by mail.
E.Filing.A notice of civilinfraction shall be filed with a court having jurisdiction within 5 days of
issuance,excluding Saturdays,Sundays,and holidays.
F.Determination Final Unless Contested.A notice of civil infraction represents a determination
that a civil infraction has been committed.The determination is final unless contested as
provided in this chapter.
G.Further Action Not Limited.Issuance or disposition of a notice of infraction shall not limit or
preclude any action or proceeding pursuant to this chapter.
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1.20.070 Notice of Civil Infraction -Response:
u A.Response.A person who receives a notice of infraction shall respond to such notice as
provided inthis section within fifteen (15)days of the date of the notice. Ifthe response is
mailed, it must be postmarked not later than midnight of the day the response is due.
B. Uncontested Determination.Ifthe person determined to have committed the civil infraction
does not contest the determination, the person shall respond by completing the appropriate
portion of the notice of infraction and submitting it,either by mailor in person, to the court. A
check or money order inthe amount of the penalty prescribed forthe civil infraction must be
submitted withthe response. The clerkof the court may accept cash in payment for a civil
infraction.When a response that does not contest the determination is received, an
appropriate order is entered into the court's records.
C.Contested Determination. If the person determined to have committed the civil infraction
wishesto contest the determination, the person shallrespond bycompleting the portion ofthe
notice of infraction requesting a hearing and submitting it to the court, either by mail or in
person.The courtshallnotifythe person inwriting ofthe time, place,and date ofthe hearing,
and that date shall not be earlierthan fourteen (14) days normore than ninety (90) days from
the date of notice ofthe hearing,except by agreement.
D.Failure to Respond or Appear. The court shall enter a default judgment assessing the
monetary penaltyprescribedfor the civil infraction ifa personissued a noticeof infraction fails
to respond or appear as provided in this section.
1.20.080 Infraction -Hearings:
A.Rules of Procedure.Procedures for the conduct of all hearings provided in this chapter are
V^those established bythe Washington StateSupreme Court in the IRLJ.
B.Counsel.A person subjectto proceedings underthischaptermaybe representedbycounsel.
The attorney representing theCity mayappearin anyproceedings underthischapter,butneed
not appear, notwithstanding a statute or rule of court to the contrary.
C.Contested Determination.
1. A hearing heldtocontest the determination thatan infraction has been committed shall
be without a jury.
2. The court mayconsider the notice ofinfraction andanysworn statementssubmitted bythe
authorized representative who issuedandservedthe notice in lieu of hisorher personal
appearance at the hearing.The person named in the notice may subpoenawitnesses,
including the authorized representative whohasissuedandservedthenotice,andhasthe
rightto present evidence and examine witnesses present incourt.
3. The burden of proof is on the City to establish the commission of the infraction by a
preponderance of evidence.
4. Afterconsiderationof the evidence and argument, the courtshalldetermine whether the
infraction was committed.Ifithas not been established that the 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.
5. An appeal from the court's determination or order shall be to the superior court in the
^J manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction.
The decisionof the superior courtis subject onlyto discretionary reviewpursuantto the
Rules of Appellate Procedure.
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PAGE 6 April 14,2014
1.20.090 Infraction -Penalties:
A. Monetary Penalties Assessed.Unless otherwise specifically provided in connection with
particular sections,chapters,or titles of the City code,violations of the City code shall be
subject to a penalty of up to five thousand dollars ($5,000.00)per offense.Each and every
calendar day during any portion of which anyviolation of this chapter is committed,continued
or permitted by any such person shall constitute a separate offense.
B.Monetary Penalties Payable Immediately.A monetary penalty imposed by the court underthis
chapter is immediately payable. Ifthe penalty is not paid,the City may proceed to collect the
penalty in the same manner as other civil judgments and may notify the City Attorney of the
failure to pay.
C.Continued Duty to Correct.Payment of a monetary penalty pursuant to a notice of infraction
does notrelieve the person to whom the noticewas issued of the duty to correct the violation.
D.Restitution.The court may also order a person found to have committed a civil infraction to
make restitution.
1.20.100 Infraction -Order.Modification.Fees:
A. An order entered after the receipt of a response that does not contest the determination,or
after it has been established at a hearing that the civil infraction was committed is civil in
nature.
B.The court may not waive,reduce,or suspend the monetary penalty prescribed for the civil
infraction.
C. Each party to a civilinfraction case is responsible for costs incurred by that party.
1.20.110 Administrative Notice and Order to Correct Civil Violation:
A.Issuance.When the Code Enforcement Officer determines that a violation has occurred or is
occurring,he or she may issue an administrative notice and order to correct civil violation
("notice and order") to the person responsible for the violation.
B.Content.The notice and order shall include the following:
1.The name and address ofthe person responsible for the violation;
2.The street address or description sufficient for identification of the building,structure,
premises,or land upon or within which the violation has occurred or is occurring;
3. A brief description oftheviolation(s),including acitation of the applicable City regulation(s);
4.The name of the citing officer;
5.The required corrective action and a date by which the correction must be completed;
6. A statement that the person to whom the notice and order is directed may appeal the
notice and order pursuant to MLMC 1.20.120 ;
7. A statementthat ifthe violation is not corrected and the notice and order is not appealed,
the determination is final and a monetary penalty shall be assessed in an amount per day
for each violation for each day the violation continues following the date set for correction;
8. A statement advising that, if any of the work is not commenced or completed within the
time specified in the notice and order,the City may proceed to abate the violation,cause
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PAGE 7 April 14,2014
work to be done,and assess the costs and expensesof abatementincurred by theCity against
^J the person responsible for the violation,and that the City may take any other legal action.
C.Service.The Code Enforcement Officer shall serve the notice and order upon the person
responsible for the violation, either personally or by mailing a copy by certified or registered
mail, return receipt requested,to such person at his or her last known address.Ifthe person
responsible forthe violation cannot be personallyservedwithinGrantCounty and ifan address
formailed service cannot be ascertained,notice shall be served by posting a copy of the notice
and order conspicuously on the affected propertyorstructure. Proofof service shall be made
by awrittendeclaration under penalty of perjuryexecuted bythe person effecting the service,
declaringthe time and date of service, the manner by which the service was made and, ifby
posting, the facts showing the attempts to serve the person personally or by mail.
D.Optional Recording Procedure. The City may, at its discretion, record a notice and orderto
correct civil violation against the subject property.
E.Extension and Modification.An extension of the time limit for correction or a modification of
the required corrective action may be granted by the City ifthe person responsible for the
violation has shown due diligence and/or substantial progress incorrecting the violation,but
unforeseen circumstances delay correction underthe original conditionsandthe responsible
person providesthe request in writing clearly establishingthe need forsuch an extension.
F.Monetary Penalty. The assessment of a two hundred fifty dollars ($250) per day monetary
penalty shall commence with issuance of the noticeand order.Civil penalties,inwholeorin
part,may be waived by the City Manager or his/herdesignee ifthe code violations which
formed the basis for the civilviolation have been corrected,and the City Manager or his/her
designee finds that compelling reasons justify waiver of all or part of the outstanding civil
,.penalties.
G.Continued Duty to Correct.Paymentofa monetary penalty pursuant tothissectiondoes not
relieve the persontowhomthenoticeandorderwasissuedofthedutytocorrect the violation.
H.Declaration of Compliance.When the violation has been corrected andthe penalty paid,the
Code Enforcement Officer shall issue a declaration of compliance which shall so state, and
shall also indicate the date upon which the violation was fully corrected,beyond which no
further penalty shall accrue.Ifthe City previously recorded the noticeand orderagainstthe
subject property,then itshallalso record the declaration of compliance.
1.20.120 Administrative Notice and Order -Appeal:
A.Optional informal appeal.The property owner orviolator mayrequestan initial appeal hearing
beforethe Community Development Director by submitting to him or her a written request
within ten (10)calendar days of receiptof the Notice of Violation and Order to Correct or
Cease Activity.Filing of a timelyappeal shall operateto temporarily stay the enforcement
action pending resolution ofthe appeal.The written appeal notice must contain ata minimum
the following information:
1.A brief statement of what is being appealed;
2. Astatementofthe relief soughtandthereasonswhythecityofficial's determination should
be reversed,modified or set aside;
3.The property owner's orviolator's current address;
4.Identification of any witness testimony,photographs,or documentary evidence to be
v_y presented;and
5. A statement orverification under penalty of perjury,made bythe appellant as tothe truth
of the matters stated inthe appeal, pursuant to RCW 9A.72.085.
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PAGE 8 April 14, 2014
B.TheCommunity Development Director,orhis designee ifheis unavailable,shall conduct the ^^
initial appeal hearing within seven (7)calendar days after receipt of the written notice f)
requesting the initial appeal hearing.The Community Development Director or designee shall
apply the evidentiary standard of beyond a preponderance ofthe evidence and shall issue a
written determination affirming,modifying,or rescinding the city official'sdetermination.A copy
of his decision shall be provided to the property owner or violator requesting the initial appeal
hearing by mailing to the address provided in subsection 1(c)above.
C.Any Notice of Violation and Order to Correct or Cease Activity issued by the city official and
affirmed or modified by theCommunity Development Director ordesignee shall be appealable
to the Hearing Examiner by filing a written notice of appeal with the City Clerk within fourteen
(14)calendar days after the date or mailing of the Community Development Director's or
designee's written decision.
D.Appeal to Hearing Examiner..A person to whom a notice and order is issued pursuant to this
chapterwho elects not to, orwho failsto use the optional informal appeal process above may
appeal directly to the Hearing Examiner by filing a written notice of appeal with the City Clerk
within fourteen (14)calendardays from the date ofservice ofthe notice and order.The appeal
must be accompanied by a filing fee in the amount established by the City's fee resolution,
which is refundable if the appellant prevails on the appeal.
E.Effect of Appeal.The timely filing of an appeal pursuant to this section shall stay the
requirement for action specified in the notice and orderthat is the subject of the appeal.The
monetary penalty for a continuing violation does not continue to accrue during the pendency
ofthe appeal;however,the Hearing Examiner may impose a daily monetary penalty from the
date of service of the notice and orderif he or she finds thatthe appeal is frivolous or intended
solely to delay compliance.
F.Effect of Failure to Appeal.The violation shall be deemed committed,the notice and order
shall become the final administrative order,and the monetary penalties assessed shall be
immediately due and subject to collection if (a) no appeal is timely filed within the time limits
set forth above after the notice and order was issued,or (b) an appeal was timely filed, but the
appellant or his or her representative failed to appear at the hearing.
1.20.130 Administrative Notice and Order -Appeal -Hearing.
A. Date of Hearing. Within ten (10)days of the Clerk's receipt of the appeal,the Hearing
Examiner shall set a public hearing fora date within forty-five (45)days of the Clerk's receipt
of the appeal,unless a longer period is agreed to between the parties.
B. Notice of Hearing.The Clerk shall cause a notice of the appeal hearing to be posted on the
property that is the subject of the notice and order, and mailed to the appellant and the
complainant,ifnot anonymous,at least ten (10)calendar days before the hearing.The notice
shall contain the following:
1.The file number and a brief description of the matter being appealed;
2. A statementof the scopeofthe appeal, including a summary of the errors alleged and the
findings and/or legal conclusions disputed in the appeal;
3.The date,time and place of the public hearing on the appeal;
4. A statement of who may participate in the appeal; and
5. A statement of how to participate in the appeal.
C.Conduct of Hearing.The HearingExaminer shall conduct the hearing on the appeal pursuant
to Chapter 18.80 MLMC and the rules of procedure of the Hearing Examiner.
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1.20.140 Administrative Notice and Order -Appeal -Decision.
A.The Hearing Examiner shall determine whether the City has established by a preponderance
of the evidencethat a violationhas 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.
B. The Hearing Examinershallissue an orderto the person responsible forthe violation which
contains the following information:
1.The decision regarding the alleged violation including findings of fact and conclusions
based thereon in support of the decision;
2.The required corrective action;
3.The date by which the correction must be completed;
4.The monetary penalties assessed based on the provisions of this chapter;
5. The date afterwhich the Citymay proceed with abatement of the unlawful condition ifthe
required correction is not completed.
C.AssessmentofMonetary Penalty.Monetary penaltiesassessed bythe Hearing Examinershall
be in accordance with the monetary penalty schedule in MLMC 1.20.110(6).
D.Abatement.Where action to abate the violation is required,the hearing examiner shall give
substantialweighttothe City'sdetermination regarding the natureofanysuch actionrequired,
and whether such action has been satisfactorily performed.
E. Noticeof Decision.The hearing examiner shallmail a copy ofthe decision,including findings
of fact,conclusions, and order, to the applicable department director within fourteen (14)
working days ofthe hearing.The City shall forward a copyofthe decisiontothe appellant no
laterthan two (2) working days after its receipt of the decision.
F.Judicial Review.Judicial reviewof a decision bythe Hearing Examiner may be sought byany
person aggrieved oradversely affectedbythe decision,pursuant tothe provisions ofthe Land
Use Petition Act,Chapter36.70CRCW,ifapplicable,orotherapplicable authority,ifany,ifthe
petition or complaint seeking review is filed and served on all parties within twenty-one (21)
daysofthedateofthedecision.For purposes of hissection,"aggrieved oradversely affected"
shall have the meaning set forth in RCW 36.70C.060(2).
G. Effectof Decision.Ifjudicial review isnotobtained,the decision ofthe Hearing Examiner shall
constitutethe final decision of the City,and the failure to comply with the decision of the
Hearing Examiner shall constitute a civil violation punishable bya fine of notmorethan five
thousand dollars ($5,000).In addition to civil penalties pursuant tothis subsection,the City
may pursue collectionand abatement as providedinthis chapter.
1.20.150 StopWork Orders:Whenever acontinuing violation ofthischapterwill materially impair theCode
Enforcement Officer's ability to secure compliance with this chapter, or when the continuing
violation threatens the healthorsafety of the public,the Code Enforcement Officermay issue a
stopwork order specifying the violation and prohibiting any work orotheractivity atthe site.Any
violation of a stop work orderis hereby declared to be a nuisance and the Code Enforcement
Officer is authorized to enjoin orabatesuch nuisancebyany legal orequitable means as maybe
available.The costs, specifically including reasonable attorneyand expert witness fees,for the
t injunction orabatement shall be recovered bytheCity from the owner,tenant,occupant,manager,
\)agent,or other responsible person in the manner provided by law.
1.20.160 EmergencyOrders:Whenever anyuse oractivity inviolation ofthe Moses Lake Municipal Code
immediately threatens the health andsafetyofthe occupants ofthe premisesoranymemberof
the public,theCode Enforcement Officer mayissue anemergency order directing thattheuse or
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PAGE10 April 14,2014
activity be discontinued and thecondition causing the threat tothe public health and safety be _^^
corrected.The emergency order shall specify the time for compliance and shall be posted in a f)
conspicuous place on the property, ifposting is physically possible.Anycondition described in the
emergency order which is not corrected within thetime specified is hereby declared to be a public
nuisance and the City is authorized to enjoin or abate such nuisance by any legal or equitable
means as may be available.The cost of such injunction or abatement,specifically including
reasonable attorneyand expertwitness fees,shall be recovered from theowner,tenant,occupant,
manager,agent,or other person responsible in the manner provided by law.
1.20.170 Abatement bv the City:
A.The City may abate a condition which was caused by or continues to be a civilviolation orcivil
infraction when:
1.The terms of the voluntary correction agreement pursuant to this chapter have not been
met;or
2. An administrative notice and order has been issued,the period for filing an appealwith the
Hearing Examiner has expired,and the required correction has not been completed;or
3. An administrative notice and order has been issued,a timely appeal was filed,the
appellant failed to appear at the scheduled hearing or a hearing was held as provided in
this chapter and the required correction has not been completed by the date specified by
an order ofthe Hearing Examiner;or
4.The condition is subject to summary abatement as provided for in this chapter or other
provisions of City or State law.
B.Summary Abatement.When a violation of a regulation causes a condition,the continued
existence ofwhich constitutes an immediate and emergent threatto 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 orcorrect the condition which is subject to abatement.The City may
seek judicial process as it deems necessary to effect the removal or correction of such
condition.
D.Recovery of Costs and Expenses.All costs incurred by the City in correcting the violation shall
be billed to the person responsible for the violation and/or the owner,lessor,tenant,or other
person entitled to use and/or have control of the property,and shall become due and payable
to the City within 10 calendardays.Such costs may include,butare not limited to,the following
expenses:
1."Legal expenses"which shall include,but are not limited to:
a.Personnel costs,both direct and indirect, including attorney's fees and all costs
incurred by the City Attorney's office or its designee to abate nuisances and code
violations;
b.Actual and incidental expenses and costs incurred by the City in preparing notices,
contracts,court pleadings,and all other necessary documents required to abate
nuisances and code violations;and
c. Allcostsassociated with retention and use of expertwitnesses and consultantsduring
the course of abatement.
2."Abatement expenses"which shall include,but are not limited to:
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PAGE 11 April 14, 2014
a.Costs incurred by the City for preparation ofnotices,contracts,and related documents
[j necessary to abate nuisances and code violations;
b. All costs associated with inspection of the property and monitoring of said property
consistent with correction orders issued by the City's Hearing Examiner or a court of
competent jurisdiction;
c. All costs incurred by the City forhauling,storage,disposal,or removal of vegetation,
trash, debris,dangerous structures or structures unfit for human habitation, potential
vermin habitat, potential fire hazards,junk vehicles,obstructions to public
rights-of-way,and setback obstructions;and
d. All costs incurred by law enforcement or related enforcement agencies necessary to
assist the City during abatement of nuisances or code violations.
1.20.180 Additional Code Enforcement Procedures:The provisions of this chapter are not exclusive,and
may be used in addition to other code enforcement provisions authorized by the Moses Lake
Municipal Code or other applicable law or regulation.
1.20.190 Interference: Any person who knowingly obstructs,impedes,or interferes with the City or its
agents,orwitha person responsible fora violation,any ofwhom are engaged inperformingduties
imposed by this chapter, shall be guilty of a civil violation punishable by a fine of up to five
thousand dollars ($5,000).
1.20.200 Collection of Monetary Penalties:The monetary penalty constitutes a personal obligationof the
person to whom a notice of civilinfractionor notice and order is directed. Any monetary penalty
assessed must be paid to the Citywithin ten (10)calendar days from the date of mailingof the
court's decision,Hearing Examiner's decision, ora notice fromthe Citythat penalties aredue. Any
[\such monetary penalty shall furtherconstitute a lienagainst the affected real property.The City
attorney is authorized to take allactions availableto collect the monetary penalty.
1.20.210 Lien -Authorized:
A. The Cityof Moses Lake shallhave a lien for any monetary penaltyimposed, the cost of any
abatement proceedings underthis chapter, and allrelated costs includingattorneyand expert
witness fees, againstthe real property onwhichthe monetary penaltywas imposed oranyof
the abatement work was performed.The lien shall be subordinate to all previously existing
specialassessmentliensimposed onthe same property andshallbe superiortoall otherliens,
except for State and County taxes,with which itshall be on parity.
B. The Cityshallcause a claimfor lien to be filed for record within ninety(90)days from the later
of the date that the monetary penalty is due, orthe date the work is completed orthe violation
abated.
C.The claimof lienshallcontain sufficient informationregardingthe civil violation,as determined
bythe City,a description of the property to be charged withthe lien and the ownerof record,
and the total amount of the lien.
D.Any such claimof lien shallbe verifiedbythe City,and may be amended from time to time to
reflect changed conditions.
1.20.220 Right of Entry:The Code Enforcement Officer is authorized to enter upon property or premises
at any reasonabletime to determine whether a civil violation has occurred or is occurring,orto
enforce any provision ofthe Moses Lake Municipal Code oranyCityregulation,violation ofwhich
is a civil violation under this chapter.The Code Enforcement Officer may make examinations,^J surveys,and studies as may be necessary in the performance ofhis or her duties.These may
includethe taking of photographs,digital images, videotapes, video images, audio recordings,
samples, orother physical evidence. Ifthe premises areoccupied,the Code EnforcementOfficer
shallfirst present credentialsand request entry.Ifanowner,occupant, oragent refuses entry,the
City may seek an administrative or criminal search warrant.
ORDINANCE NO.2760
PAGE 12 April 14,2014
1.20.230 Conflicts:In the event of a conflict between this chapter and any other provision of the Moses
Lake Municipal Code or City ordinance providing for a civil penalty, the more specific provision
shall apply.
1.20.240 Adoption of Certain Other Laws:To the extent that any provision of the Grant County Code,orany
other law, rule or regulation referenced in the enforcement code,is necessary or convenient to
establish the validity,enforceability or interpretation of the enforcement code,then such provision
of the Grant County Code,or other law, rule or regulation, is hereby adopted by reference.
Section 2. This ordinance shall take effect and be in force five (5)days after its passage and publication of
its summary as provided by law.
Adopted by the CityCouncil and signed byits Mayoron April 14, 2015.
Dick Deane,Mayor
ATTEST:
APPROVED AS TO FORM
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