2440ORDINANCE NO. 2440
AN ORDINANCE AMENDING 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
amended as follows:
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
provisions enforced under Section 1.20.020, and for any property owner to permit any act to
be done contrary to or in violation of those provisions. All violations of this code which are
enforced by means of this administrative process are determined to be public nuisances and
subject to abatement in the manner provided for herein as well as by any and all means
provided by state law for the abatement of public nuisances.
B.It is also unlawful for any applicant or permittee to fail to perform any activity or obligation
required by the provisions enforced under Section 1.20.020.
1.20.050 Enforcement and Penalties: When the appropriate city official determines that a violation of any
provisions 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 provisions enforced under 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
to the city agency which issued that permit or approval.
ORDINANCE NO. 2440 Page 2
CHAPTER 1.20 - ADMINISTRATIVE ENFORCEMENT February 10, 2009
4.If the violation is of a condition which was imposed by staff and staff finds that the
violation can be reasonably resolved by imposing new or changed conditions on the
permit or plan, conditions may be changed by staff.
5.If the staff determines that the way to correct a violation is for the permittee to cease the
violation and the permittee fails or refuses to cease the violation, the staff may revoke the
permit or approval and may order activity allowed by the permit or approval to cease.
C. Notice of Violation and Order to Correct or Cease Activity:
1. General: If the appropriate city official determines that a violation of any provision they
are charged with enforcement under Section 1.20.020 exists, he or she may issue a
Notice of Violation and Order to Correct or Cease Activity. This Notice will specifically
indicate the following:
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:
1.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.
2.Any dispute as to whether or not a violation for which a Notice of Violation and Order to
Correct or Cease Activity has been issued has been resolved so as to comply with the
underlying city standard shall be appealable to the Hearing Examiner under Chapter
20.03 so long as such appeal is filed before the penalty sum has reached five thousand
dollars ($5,000).
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Adopted by the City Council and signed by its Mayor on February 10, 2-0097-
Ronald C. Covey, or
ATTEST:
Ronald R. Cone, Finance Director
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ORDINANCE NO. 2440 Page 3
CHAPTER 1.20 - ADMINISTRATIVE ENFORCEMENT February 10, 2009
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.
APPROVED AS TO FORM:
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es A. Whitaker, City Attorney
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