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ORDINANCE NO. 2295
AN ORDINANCE CREATING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "ADMINISTRATIVE ENFORCEMENT"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 1.20 of the Moses Lake Municipal Code entitled "Administrative Enforcement is created
as follows:
1.20.010 Purpose: The purpose of this chapter is to establish provisions pertaining to the administrative
enforcement of Titles 5, 6, 8, 10, 12, 13, 16, and 18. It is the intent that all questions of
interpretation and enforcement shall first be presented to the Community Development Director
for resolution prior to seeking enforcement through litigation.
1.20.020 Duties of Officials:
A.Finance Director: The Finance Director is responsible for the administration, interpretation
and enforcement of Chapter 5.04, "Licensing Regulations."
B.Community Service Officer or Police Chief: The Community Service Officer, and in the
absence or incapacity of the Community Service Officer the Police Chief, is responsible
for the administration, interpretation and enforcement of Chapter 6.05, Animal Control.
C.Utility Account Technician: The Utility Account Technician is responsible for the
administration, interpretation and enforcement of Chapter 8.08, Garbage Collection.
D.Code Enforcement Officer. The Code Enforcement Officer is responsible for the
administration, interpretation and enforcement of Chapters 8.14, Nuisances; 8.20, Weed
Control; 8.22 Noxious Weed Control; 10.36, Junk Vehicles; 12.20, Snow Removal; and
12.28, Fences, Walls, and Hedges.
E.Municipal Services Director: The Municipal Services Director is responsible for the
administration, interpretation and enforcement of Chapters 12.08, Community Street and
Utility Standards; 13.04, Sewer Regulations; 13.07, Water Regulations; and 13.09 Cross
Connection Control.
F.General Duty: None of the provisions of this Title are intended to create a cause of action
or provide the basis for a claim against the city, its officials, or employees for the
performance or failure to perform a duty or obligation running to a specific individual or
specific individuals. Any duty or obligation created herein is intended to be a general duty
or obligation running in favor of the general public.
A. Application Constitutes Permission for Entry: Application for any permit, license, permission,
or approval constitutes permission for representatives of the city to enter on the property
involved in order to make inspections necessary to permit review.
R .-,;ORDINANCE NO. 2295
AN ORDINANCE CREATING CHAPTER 1.20 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "ADMINISTRATIVE ENFORCEMENT"
THE CITY COUNCII CAF THE IkArIc . I n171- WI% e-s•
ORDINANCE 2295
PAGE 2 March 27, 2007
1.20.040 Violations:
A.It is unlawful for any person to do or cause any act to be done contrary to or in violation of the
chapters listed in Section 1.20.020, and for any property owner to permit any act to be done
contrary to or in violation of those chapters.
B.It is also unlawful for any applicant or permittee to fail to perform any activity or obligation
required by the chapters listed in Section 1.20.020.
1.20.050 Enforcement and Penalties: When the appropriate city official determines that a violation of any
chapter they are charged with enforcement under Section 1.20.020 exists, he or she may proceed
against that violation using the procedures provided in this chapter.
A.Initiation of Review: A review under this subsection may be initiated by the city official; a
motion of the City Council; or any aggrieved person believing that a violation or violations of
any of the chapters listed in Section 1.20.020 is occurring by making a written complaint to
the appropriate city official.
B.Review Procedure:
1. The city official shall, within sixty (60) days after the receipt of such written allegations or
motion of the City Council, complete an investigation of the alleged violation(s) to
determine the merits thereof.
2. Within fourteen (14) days after the city official has completed the investigation, he or she
shall take the following action:
a.If the city official determines that no violation as alleged or otherwise is occurring, then
notification of that decision shall be given to the complaining person or a
spokesperson for the complaining person, or in a written report to the City Council.
b.If the city official determines that a violation is occurring or has occurred as alleged,
a Notice of Violation and Order to Correct or Cease Activity shall be sent as specified
in Section 1.20.050 C.
3. If the city official determines that the way to correct a violation is for the property owner
or violator to cease the activity, or for the city to impose new or changed conditions on a
permit or license that has been issued or approved, the city official shall refer the matter
enc which issued that permit or approval.
5. If the staff determines that the way to correct a violation is for the permittee to cease the
ORDINANCE 2295 folic nr refuses to cease the violation, the staff may revoke the
PAGE 2 March 27, your
1.20.040 Violations:
A. It is unlawful for any person to do or cause any act to be done contrary to or in violation of the
chapters listed in Section 1.20.020, and for any property owner to permit any act to be done
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ORDINANCE 2295
PAGE 3 March 27, 2007
a.The name and address of the person(s) charged with the violation.
b.What provision of this code is being violated.
c.The street address and a brief legal description of the site on which the violation has
been determined to exist.
d.What is necessary to correct the violation.
e.The time by which the violation is to be corrected or activity ceased.
f.A statement that the civil penalties established in Section 1.20.050 E shall be
assessed against the person(s) cited if the violation is not corrected within the
specified time period.
2. Notice to Occupant and Owner:
a.The city official shall deliver or cause to be delivered the Notice of Violation and Order
to Correct or Cease Activity by U.S. postal mail, or certified mail return receipt
requested, or personal service to the occupant or person in charge of the property if
the occupant or person in charge of the property is the violator, or the owner of the
property if the owner of the property is the violator.
b.A copy of the Notice of Violation and Order to Correct or Cease Activity shall be sent
to the complaining person or a spokesperson for complaining person.
D. Appeals: Any Notice of Violation and Order to Correct or Cease Activity issued by the city
official shall be appealable to the Hearing Examiner under Chapter 20.03.
E. Penalties:
1.Any violation for which a Notice of Violation and Order to Correct or Cease Activity has
been issued but which has not been corrected within the time specified shall incur a civil
penalty of two hundred fifty dollars ($250) per day up to a sum of five thousand dollars
($5,000), beginning on the day the correction was to be completed. The cumulative
penalty provided for in this paragraph shall not accrue while an appeal is pending, nor
shall the penalty preclude the initiation of appropriate legal action to correct the violation.
2.If a penalty has been assessed pursuant to Section 1.20.050 E, a court shall assess that
penalty and any additional penalty the court considers appropriate plus court costs and
attorney's fees.
F. If the city official determines that the property owner or violator could reasonably correct the
violation, but fails to do so within the time specified in the Notice of Violation and Order to
Correct or Cease Activity, the city official may refer the matter to the City Attorney for civil
enforcement by injunction or other appropriate action.
G. Compromise, Settlement, and Disposition of Disputes or Litigation: The city official who
issued the Notice of Violation and Order to Correct or Cease Activity and the City Attorney
may negotiate a settlement or compromise, or otherwise dispose of a dispute or litigation
when to do so would be in the best interests of the city.
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.
ORDINANCE 2295
PAGE 4 March 27, 2007
Adopted by the City Council and signed by its Mayor o
Ronald C. Covey, Ma
ATTEST:
IlW i'L'c-nald R. Cone, Finance Director
APP ED AS TO FOR
ifnSigir
James A. W'taker, City A arriey
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