2441ORDINANCE NO. 2441
AN ORDINANCE AMENDING CHAPTER 18.88 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "GENERAL ADMINISTRATION AND ENFORCEMENT"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 18.88 of the Moses Lake Municipal Code entitled "General Administration and
Enforcement" is amended as follows:
18.88.080 Violations:
A.It is unlawful for any person to do or cause any act to be done contrary to or in violation of this
Title, and for any property owner to permit any act to be done contrary to or in violation of this
Title. All violations of this Title 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 this Title.
C.Any violation of any provision of this Title exempt from enforcement under Section 18.88.090
is a civil infraction subject to a penalty as provided in Chapter 1.08.
18.88.090 Enforcement and Penalties: When the Community Development Director determines that a
violation of this Title has occurred, he or she may proceed against that violation using the
procedures provided in this section; provided, however, the enforcement provisions of this
section do not apply to Chapters 18.53, Flood Zones and 18.73 Adult Cabarets.
A. Initiation of Review: A review under this subsection may be initiated by:
1.The Community Development Director.
2.A motion of the City Council.
3.Any aggrieved owner of property within the city believing that a violation or violations of
this Title is occurring by making a written complaint to the Community Development
Director.
B. Review Procedure:
1.The Community Development Director 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 Community Development Director has completed the
investigation, he or she shall take the following action:
a.If the Community Development Director 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 Community Development Director 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 18.88.090 C.
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CHAPTER 18.53 - GENERAL ADMINISTRATION AND ENFORCEMENT February 10, 2009
3. If the Community Development Director 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 plan that has been issued or approved, the Community
Development Director shall refer the matter to the Hearing Examiner or staff for review
depending upon which entity made the final decision on the matter under review.
a.The Hearing Examiner shall hold a public meeting to review the permit or approval,
using criteria required for the original,
b.If the Hearing Examiner finds that a violation exists, and that it can be reasonably
resolved by imposing new or changed conditions on the permit or plan, the conditions
may be changed. The action of the Hearing Examiner or the planning authority shall
be final as provided under Chapter 20.09
c.If the Hearing Examiner or planning authority determines that the way to correct the
violation is for the permittee to cease the violation, and the permittee fails or refuses
to cease the violation, the Hearing Examiner or planning authority may revoke the
permit or approved plan and may order the activity allowed by the permit or plan to
cease.
d.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.
e.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 plan and may order activity allowed by the permit or plan to
cease.
C. Notice of Violation and Order to Correct or Cease Activity:
1. General: If the Community Development Director determines that any activity, condition,
structure, or use exists that does not conform to this Title, 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 Title 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 18.88.090(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: The Community Development Director shall deliver or
cause to be delivered the Notice of Violation and Order to Correct or Cease Activity by
U.S. postal mail, 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, or both if appropriate.
ames A. W 'taker, City Attorney
onald R. Cone, Finance Director
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CHAPTER 18.53 - GENERAL ADMINISTRATION AND ENFORCEMENT February 10, 2009
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 Community
Development Director shall be appealable to the Hearing Examiner under Chapter 20.11.
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).
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 18.88.090(5)(a), a court shall assess
that penalty and any additional penalty the court considers appropriate plus court costs
and attorney's fees.
F. If the Community Development Director 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 Community Development Director 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 Community
Development Director 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.
Adopted by the City Council and signed by its Mayor on February 10, 2009.
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Ronald C. Covey, M
ATTEST:
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