ORD 95-02 LAND USE ZONINGAmended 3-3-95 ORDINANCE NO. 95-02
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to enforcement of the land use, zoning, shoreline
management master program, subdivision, environmentally
sensitive areas and building code provisions of the Bainbridge
Island Municipal Code; adding a new Chapter 1.26 to the Code;
amending sections 15.04.030, 16.12.975, 16.20.120, 17.04.290,
17.04.300, 17.12.320, 17.12.330, 17.16.290, 17.16.300,
18.123.010, 18.123.020, 18.123.030 and 18.123.040 of the Code;
and adding new sections 15.04.025, 15.04.026, 16.12.976 and
16.12.977 to the Code.
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1. There is added to the Bainbridge Island Municipal Code a new chapter 1.26
to read as follows:
1.26.010 Applicability of Chapter.
The provisions of this chapter shall apply to enforcement of title 18 and
chapters 16.20 and 15.04 of this code, with the exception of sections 15.04.090
and 15.04.110 and the Uniform Fire Code adopted by reference in section
15.04.020. For purposes of this chapter, such titles and chapters shall be referred
to "the applicable chapters and titles of this code."
1.26.020
A,
Duty to Enforce - Inspections - Duty to Comply.
It shall be the duty of the Director of planning and community
development to enforce the applicable chapters and titles of this code.
The Director may call upon other City departments and officers to assist
in enforcement.
B,
Code Enforcement Officer - Definition: A City official charged with the
responsibility to ensure compliance with all State, City and zoning codes
and ordinances as adopted by the City council.
Upon presentation of proper credentials with photo identification, the
Director or duly authorized representative of the Director may, with the
consent of the owner or occupier of a building or premises, pursuant to
a lawfully issued inspection warrant, enter at reasonable times any building
or premises to perform the duties imposed by the applicable titles and
chapters of this code.
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The applicable titles and chapters of this code shall be enforced for
the benefit of the health, safety and welfare of the general public,
and not for the benefit of any particular person or class of persons.
E,
It is the intent of the applicable title and chapters of this code to place the
obligation of complying with their requirements upon the owner, occupier
or other person responsible for the condition of the land and buildings
within the scope of the applicable titles and chapters of this code.
F,
No provisions of or term used in the applicable titles and chapters
of this code is intended to impose any duty upon the City or any
of its officers or employees which would subject them to damages
in a civil action.
1.26.025 Investigation and Notice of Violation.
The Director or duly authorized representative of the Director, shall
investigate any structure or use which the Director or duly authorized
representative of the Director, reasonably believes does not comply with
the standards and requirements of the applicable titles and Chapters of this
code.
If after investigation the Director or duly authorized representative of the
Director, determines that the standards or requirements have been
violated, the Director or duly authorized representative of the Director,
shall serve a notice of violation upon the owner, tenant or other person
responsible for the condition. The notice of violation may be for a civil
infraction, and/or a violation under Bainbridge Island Municipal Code
1.26.050 (Stop Work Order), and/or Bainbridge Municipal Code 1.26.060
(Emergency Order).
1.26.026 Notice of Infraction - Service. An authorized representative may issue a
notice of infraction if the authorized representative reasonably believes that a provision
of the applicable titles and chapters of this code has been violated. A notice of infraction
may be served either by:
A,
The authorized representative serves the notice of infraction on the person
named in the notice of infraction at the time of issuance; or
The authorized representative files the notice of infraction with the court,
in which case the court shall have the notice served either personally or
by mail, postage prepaid, on the person named in the notice of infraction
at his or her address.
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1.26.027 Notice of Infraction - Forum - Contents. The notice of infraction shall
include the following:
A,
A statement that the notice represents a determination that the infraction
has been committed by the person named in the notice and that the
termination shall be final unless contested as provided in this ordinance.
A statement that the infraction is a non-criminal offense for which
imprisonment shall not be imposed as a sanction;
C. A statement of the specific infraction for which the notice was issued;
A statement that monetary penalties as set forth below have been
established for each infraction.
A statement of the options provided in this ordinance for responding to the
notice and the procedures necessary to exercise these options;
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
infraction was committed; and that the person may subpoena witnesses,
including the authorized representative who issued and served the notice
of infraction;
A statement, which the person who has been served with the notice of
infraction shall sign, that the person promises to respond to the notice of
infraction in one of the ways provided in this chapter;
A statement that refusal to sign the infraction as directed in Subsection G
of this Section is a misdemeanor and may be punished by a fine or
imprisonment in jail; and
A statement that a person's failure to respond to a notice of infraction as
promised is a misdemeanor and may be punishable by a fine or
imprisonment in jail.
1.26.028 Notice of Infraction - Filing - Hearing In Municipal Court. A notice of
infraction shall be filed in Municipal Court within forty-eight hours of issuance,
excluding Saturdays, Sundays, and Holidays. Bainbridge Island Municipal Court shall
have jurisdiction to hear and determine these matters.
1.26.029 Notice of Infraction - Determination Infraction Committed. Unless
contested in accordance with this ordinance, the notice of infraction represents a
determination that the person to whom the notice was issued committed the infraction.
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1.26.030 Notice of Infraction - Response Requesting A Hearing - Failure To
Respond Or Appear - Order To Set Aside.
A,
A person who receives a notice of infraction shall respond to the notice
as provided in this Section within fifteen (15) days of the date the notice
was served.
If the person named in the notice of 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 mail or in
person, to the court specified on the notice. A check or money order in
the amount of the penalty prescribed for the infraction must be submitted
with the response. When a response which does not contest the
determination is received, an appropriate order shall be entered in the
court's records, and a record of the response order shah be furnished to
the Department of Planning and Community Development (DPCD).
If the person named in the notice of infraction wishes to contest the
determination, the person shall respond by completing the portion of the
notice of infraction requesting a heating and submitting it, either by mail
or in person, to the court specified on the notice. The court shall notify
the person in writing of the time, place, and date of the hearing. The date
of the hearing shall not be earlier than sever (7) days nor more than ninety
(90) days from the date of the notice of the hearing, except by agreement.
D,
If the person determined to have committed the civil infraction does not
contest the determination but wishes to explain mitigating circumstances
surrounding the infraction, the person shall respond by completing the
portion of the notice of civil infraction requesting a hearing for that
purpose and submitting it, either by mail or in person, to the court
specified on the notice. The court shall notify the person in writing of the
time, place, and date of the heating, and that date shall not be earlier than
seven (7) days nor more than ninety (90) days from the date of the notice
of the heating, except by agreement.
E,
The court shall enter a default judgment assessing the monetary penalty
prescribed for the civil infraction, and may notify the prosecuting attorney
of the failure to respond to the notice of civil infraction or to appear at a
requested hearing if any person issued a notice of a civil infraction;
Fails to respond to the notice of civil infraction as provided in
subsection B of this Section; or
ii.
Fails to appear at a heating requested pursuant to either subsection
three C or D of this Section. If a default judgment is entered, the
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1.26.031
A.
C,
1.26.032
1.26.033
court shall notify the DPCD of the entry of the default judgment,
and the reason therefore.
Notice. Failure to Sign, Non-Appearance - Failure To Satisfy Penalty.
A person who fails to sign a notice of civil infraction is guilty of a
misdemeanor.
Any person willfully violating his or her written and signed promise to
appear in court or his or her written and signed promise to respond to a
notice of civil infraction is guilty of a misdemeanor regardless of the
disposition of the notice of civil infraction; provided that a written promise
to appear in court or a written promise to respond to a notice of civil
infraction may be complied with by appearance of counsel.
A person who willfully fails to pay a monetary penalty or to perform
community service as required by a court under this Chapter may be
found in civil contempt of a court after notice and hearing.
Representation by Attorney.
A person subject to proceedings under this ordinance may appear or be
represented by counsel.
The City Prosecutor may, but need not, appear in any proceedings under
this ordinance.
Infraction - Hearing - Procedure - Burden of Proof - Order - Appeal.
A hearing held to contest the determination that an infraction has been
committed shall be without a jury.
The court may consider the notice of infraction and any sworn statements
submitted by the authorized representative who issued and served the
notice in lieu of his or her personal appearance at the heating. The
person named in the notice may subpoena witnesses, including the
authorized representative who has issued and served the notice, and has
the right to present evidence and examine witnesses present in court.
The burden of proof is on the City to establish the commission of the
infraction by a preponderance of evidence.
After consideration of the evidence and argument, the Court shall
determine whether the infraction was committed. If it has not been
established that the infraction was committed, an order dismissing the
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1.26.034
C,
1.26.035
A,
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.
An appeal from the Court' s determination or order shall be to the Superior
Court in the manner provided by the Rules for Appeal of Decisions of
Courts of Limited Jurisdiction. The decision of the Superior Court is
subject only to discretionary review pursuant to the Rules of Appellate
Procedure.
Infraction - Explanation of Mitigating Circumstances.
A hearing held for the purpose of allowing a person to explain mitigating
circumstances surrounding the commission of an infraction shah be an
informal proceeding. The person may not subpoena witnesses. The
determination that a civil infraction has been committed may not be
contested at a hearing held for the purpose of explaining mitigating
circum stances.
After the court has heard the explanation of the circumstances surrounding
the commission of the civil infraction, an appropriate order shall be
entered in the court's records.
There shall be no appeal from the court's determination or order.
Monetary Penalties - Restitution.
A person found to have committed a civil infraction shall be assessed a
monetary penalty. The maximum penalty and default amount for a Civil
Infraction shall be five hundred dollars ($500.00).
Whenever a monetary penalty is imposed by a court under this ordinance
it is immediately payable. If the person is unable to pay at that time, the
court may grant an extension of the period in which the penalty may be
paid. If the penalty is not paid on or before the time established for
payment, the court may proceed to collect the penalty in the same manner
as other civil judgments and may notify the prosecuting attorney of the
failure to pay. The court shall also notify the DPCD of the failure to pay
the penalty, and the DPCD shall not issue the person any future permits
for any work until the monetary penalty has been paid.
The court may also order a person found to have committed a civil
infraction to make restitution.
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1.26.036 Order of Court - Civil Nature - Modification of Penalty - Community
Service.
An order entered after the receipt of a response which does not contest the
determination, or after it has been established at a hearing that the civil
infraction was committed, or after a hearing for the purpose of explaining
mitigating circumstances is civil in nature.
The court may waive, reduce, or suspend the monetary penalty prescribed
for the civil infraction. If the court determines that a person has
insufficient funds to pay the monetary penalty, the court may order
performance of a number of hours of community service in lieu of a
monetary penalty, at the rate of the then State minimum wage per hour.
1.26.037 Notice of Infraction Does Not Limit Further Action. Issuance or disposition
of a notice of infraction shall not limit or preclude any action or proceeding pursuant to
Bainbridge Island Municipal Code 1.26.050, 1.26.060, 1.26.090 or 1.26.100.
1.26.038 Violations - Failure to Provide Information Identifying Person. Willful
refusal to provide information identifying a person as required by this Section is a
misdemeanor.
1.26.039 Reserved.
1.26.040 Reserved.
1.26.050 Stop Work Order.
Whenever a continuing violation of the applicable titles and chapters of
this code will materially impair the Director's or duly authorized representative
of the Director's, ability to secure compliance with such titles and chapters, or
when the continuing violation threatens the environment, health or safety of the
public, the Director or duly authorized representative of the Director, may issue
a stop work order specifying the violation and prohibiting any work or other
activity at the site. A failure to comply with a stop work order shall constitute
a violation of the applicable titles and chapters of this code.
1.26.060 Emergency Order.
Whenever any use or activity in violation of the applicable titles and
chapters of this code threatens the environment, health or safety of the occupants
of the premises or any member of the public, the Director or duly authorized
representative of the Director, may issue an emergency order directing that the
use or activity be discontinued and the condition causing the threat to the
environment, health or safety be corrected. The emergency order shall be posted
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in a conspicuous place on the property, if posting is physically possible. A
failure to comply with an emergency order shall constitute a violation of the
applicable titles and chapters of this code.
Any condition described in the emergency order which is not corrected
within the time specified is hereby declared to be a public nuisance and the
Director or duly authorized representative of the Director, is authorized to abate
such nuisance summarily by such means as may be available. The cost of such
abatement shall be recovered from the owner or the person responsible or both
in the manner provided by law.
1.26.065 Notice of Violation - Procedures.
The notice of violation shall state separately each standard or requirement
violated, shall state what corrective action, if any, is necessary to comply
with the standards or requirement, and shall set a reasonable time for
compliance. The notice shall state that any subsequent violations may
result in criminal prosecution as provided in Section 1.26.100. In the
event of violations of the standards or requirements of Chapter 16.20, the
required corrective action shall include, if appropriate, but shall not be
limited to, mitigating measures such as restoration of the area and
replacement of damaged or destroyed trees.
The Code Enforcement Officer filing the notice of violation may file with
the court, in which case the court shall have the notice served either
personally or by mail, postage prepaid, on the person named in the notice
of violation at his or her address, or in accordance with Section "C"
below.
C,
The notice shall be served upon the owner, tenant or other person
responsible for the condition by personal service, registered mail, or
certified mail with return receipt requested, addressed to the last known
address of such person. If, after a reasonable search and reasonable
efforts are made to obtain service, the whereabouts of the person or
persons is unknown or service cannot be accomplished and the Director
or duly authorized representative of the Director, makes an affidavit to
that effect, the service of the notice upon such person or persons may be
made by mailing a copy of the notice to each person named on the notice
of violation by first class mail to the last known address if known or if
unknown, to the address of the property involved in the proceedings.
A copy of the notice shall be posted at a conspicuous place on the
property, unless posting the notice is not physically possible.
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G,
1.26.070
Nothing in this section shall be deemed to limit or preclude any action or
proceeding pursuant to Sections 1.26.050 or 1.26.060.
The Director or duly authorized representative of the Director, may mail,
or cause to be delivered to all residential and/or non-residential units in
the structure or post at a conspicuous place on the property, a notice
which informs each recipient or resident about the notice of violation, stop
work order or emergency order and the applicable requirements and
procedures.
A notice or an order may be amended at any time in order to correct
clerical errors or cit additional authority for a stated violation.
Review bv the Director.
Any person affected by a notice of violation issued under
Bainbridge Island Municipal Code Section 1.26.050 or 1.26.060
may obtain a review of the notice by requesting such review within
15 days after service of the notice. When the last day of the
period so computed is a Saturday, Sunday or federal or City
holiday, the period shall run until 4:00 P.M. on the next business
day. The request shall be in writing, and upon receipt of the
request, the Director or duly authorized representative of the
Director, shall notify any persons served the notice of violation
and the complainant, if any, of the date, time and place set for the
review, which shall be not less than 10 nor more than 20 days
after the request is received, unless otherwise agreed by all
persons served with the notice of violation. Before the date set for
the review, any person affected by the notice of violation may
submit any written material to the Director or duly authorized
representative of the Director, for consideration at the review.
During administrative review, the order shall be in full force and
effect until the order is corrected or the decision is overturned.
The review will consist of an informal review meeting held at the
department of planning and community development. A
representative of the Director who is familiar with the case and the
applicable ordinances will attend. The Director or representative
of the Director will explain the reasons for the issuance of the
notice and will listen to any additional information presented by
the persons attending. At or after the review, the Director or duly
authorized representative of the Director, may:
1. Sustain the notice of violation;
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2. Withdraw the notice of violation;
1.26.075
A,
B,
3. Continue the review to a date certain for receipt of
additional information; or
Modify the notice of violation, which may include an
extension of the compliance date.
The Director or duly authorized representative of the Director,
shall issue an order containing the decision within ten days of the
date of the completion of the review and shall cause the same to
be mailed by regular first class mail to the person or persons
named in the notice of violation, mailed to the complainant, if
possible, and filed with the Bainbridge Island Municipal Court and
Kitsap County Auditor if necessary for recording on the title to the
property.
The decision of the director may be appealed pursuant to Bainbridge Island
Municipal Code Chapter 2.16.
Time to comply.
When calculating reasonable time for compliance, the Director or
duly authorized representative of the Director, shall consider the
following criteria:
1. The type and degree of the violation cited in the notice;
The stated intent, if any, of a responsible party to take
steps to comply;
,
The procedural requirements for obtaining a permit to carry
out corrective action;
The complexity of the corrective action, including seasonal
considerations, construction requirements and the legal
prerogatives of landlords and tenants; and
Any other circumstances beyond the control of the
responsible party.
Unless a request for review before the Director or duly authorized
representative of the Director, is made in accordance with section
1.26.070, the notice of violation shall become the f'mal order of the
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Director or duly authorized representative of the Director. A copy
of the notice may be filed with the Bainbridge Island Municipal
Court. The Director or duly authorized representative of the
Director, may choose not to file a copy of the notice or order if the
notice or order is directed only to a person other than the owner
of the property.
1.26.080 Extension of Compliance Date - Revocation.
The Director or duly authorized representative of the Director, may grant
an extension of time for compliance with any notice or order, whether pending
or final, upon finding that substantial progress toward compliance has been made
and that the public will not be adversely affected by the extension.
An extension of time may be revoked by the Director or duly authorized
representative of the Director, if it is shown that the conditions at the time the
extension was granted have changed, if the Director or duly authorized
representative of the Director, determines that a party is not performing
corrective actions as agreed, or if the extension creates an adverse effect on the
public. The date of revocation shall then be considered as the compliance date.
The procedures for revocation, notification of parties, and appeal of the
revocation shall be established by rule.
1.26.090 Civil Penalty.
In addition to any other sanction or remedial procedure which may
be available, any person violating or failing to comply with
any of the provisions of the applicable titles and chapters of this
code shall be subject to a cumulative penalty in the amount of
$1000.00 per day for each violation from the date set for
compliance until the date of compliance.
B,
The penalty imposed by this section shall be collected by civil action
brought in the name of the City. The Director or duly authorized
representative of the Director, shall notify the City prosecutor in writing
of the name of any person subject to the penalty, and the City prosecutor
shall, with the assistance of the Director or duly authorized representative
of the Director, take appropriate action to collect the penalty.
C. The violator may show as full or partial mitigation of liability:
That the violation giving rise to the action was caused by
the willful act, neglect, or abuse of another; or
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That correction of the violation was commenced promptly
upon receipt of the notice thereof, but that full compliance within
the time specified was prevented by the inability to obtain necessary
materials or labor, inability to gain access to the subject structure,
or other condition or circumstances beyond the control of the
violator.
1.26.100 Criminal Penalties.
A,
Any person violating or failing to comply with the applicable titles
and chapters of this code and having a judgement entered against
the person pursuant to section 1.26.090 within the past five years,
shall be guilty of a gross misdemeanor, and shall be punished by
a fine of not more than $5,000 or by imprisonment for a period not
to exceed one year, or by both such fine and imprisonment. Each
day of noncompliance shall constitute a separate offense.
A criminal penalty, not to exceed 1 year imprisonment and/or
$5,000 per violation, may be imposed:
For violations of sections 16.20.120.D and 18.123.010.D
of this code and section 205(c) of the Uniform Building
Code as amended by section 15.040.30 of this code;
For any other violation of the applicable title and chapters
of this code for which corrective action is not possible; and
For any willful, intentional or bad faith failure or refusal to
comply with the standards or requirements of this code.
1.26.110 Additional Relief.
The City prosecutor, with the assistance of the Director or duly authorized
representative of the Director, may seek legal or equitable relief to enjoin any acts or
practices and abate any condition which constitutes or will constitute a violation of the
applicable titles and chapters of this code when civil or criminal penalties are inadequate
to effect compliance.
Section 2. A new section 15.04.015 is added to the Bainbridge Island Municipal Code
to read as follows:
15.04.015 Definitions.
Building Official: An appointed position, responsible for supervising the enforcement
of all applicable building and municipal codes, permit processes and inspections.
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Section 202(c), (d) , (e) , and (g) of the Uniform Building Code adopted in Section
15.04.020 of this chapter is deemed amended to read as follows:
(c) Right of Entry. The right of entry for the building official
shall be as set forth in Section 1.26.020 of the Bainbridge Island
Municipal Code.
(d) Stop Orders. The building official may order work stopped
in accordance with Chapter 1.26 of the Bainbridge Island
Municipal Code.
(e) Occupancy Violations. The building official may order
discontinuance or vacation of a use, structure, building or
equipment in accordance with Chapter 1.26 of the Bainbridge
Island Municipal Code.
(g) Cooperation of Other Officials and Officers. The building
official may request and shall receive the cooperation of other City
departments and officers in accordance with Section 1.26.020 of
the Bainbridge Island Municipal Code.
Section 3. A new section 15.04.026 is added to the Bainbridge Island Municipal Code
to read as follows:
Section 204 of the Uniform Building Code adopted in Section 15.04.020
of this chapter is repealed.
Section 4. Section 15.04.030 of the Bainbridge Island Municipal Code is amended to
read ad follows:
Section 205 of the Uniform Building Code adopted in Section 15.04.020
of this chapter is deemed amended as follows:
(a) It shall be unlawful for any person, firm or corporation to
erect, construct, enlarge, alter, repair, move, improve, remove,
convert or demolish, equip, use, occupy, or maintain any building
or structure in the City, or cause to permit the same to be done,
contrary to or in violation of any of the provisions of this code.
(b) It is a violation of this code for any person to remove or deface
any sign, notice, complaint or order required by or posted n
accordance with this code.
(c) It is a violation of this code to misrepresent any material fact
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in any application, plans or other information submitted to obtain
any permits or authorizations under this code.
(d) Enforcement of this code and the imposition of penalties for
violations of this code shall be as provided for in chapter 1.26 of
the Bahbridge Island Municipal Code.
Section 5. Section 16.12.975 of the Bainbridge Island Municipal Code is amended to
read as follows:
The City attorney shall bring such injunctive, declaratory, or other
actions as are necessary to insure that no uses are made of the
shorelines of the City in conflict with the provisions of this
chapter, and to otherwise enforce the provisions of this chapter.
Any person who fails to conform to the terms of a permit issued
under this chapter, or undertakes development on the shorelines of
the City without first obtaining any pernfit required under this
chapter, shall also be subject to a civil/criminal penalty not to
exceed $1,000 for each violation. Each permit violation or each
day of continued development without a required permit shall
constitute a separate violation.
The penalty provided for in this section shall be imposed by a
notice in writing, whether by certified mail with return receipt requested
or by personal service, to the person incurring the same from the
department of planning and community development, describing the
violation with reasonable particularity and ordering the act or acts
constituting the violation or violations to cease and desist or, in appropriate
cases, requiring necessary corrective action to be taken within a specific
and reasonable time.
Within 30 days after the notice is received, the person incurring the
penalty may apply in writing to the Director or duly authorized
representative of the Director, of the department of planning and
community development for remission or mitigation of such
penalty or any part thereof. Upon receipt of the application, the
Director or duly authorized representative of the Director, may
remit or mitigate the penalty upon whatever terms the Director or
duly authorized representative of the Director, deems proper. Any
penalty imposed pursuant to this section by the Director or duly
authorized representative of the Director, shall be subject to review
by the hearing examiner pursuant to section 2.16,060.
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Section 6. A new section 16.12.976 is added to the Bainbridge Island Municipal Code
as follows:
In addition to incurring civil liability under section 16.12.975, any person
found to have wilfully engaged in activities on the shorelines of the City in
violation of the provisions of this chapter shall be guilty of a misdemeanor, and
shah be punished by a fine of not less than $25 nor more than $1,000 per day,
or by imprisonment for not more than ninety days, or by both such fine and
imprisonment. The third and all subsequent violations in any five-year period
shall be gross misdemeanors with a penalty of not less than 1 year imprisonment
and/or a $5,000.00 fine.
Section 7. A new section 16.12.977 is added to the Bainbridge Island Municipal Code
as follows:
Any person subject to this chapter who violates any provision of this
chapter or permit issued under this chapter shall be liable for all damage to public
or private property arising from such violation, including the cost of restoring the
affected area to its condition prior to violation The City attorney shall bring suit
for damages under this section on behalf of the City. Private persons shall have
the fight to bring suit for damages under this section on their own behalf and on
behalf of all persons similarly situated. If liability has been established for the
cost of restoring an area affected by a violation, the court shall make provision
to assure that restoration will be accomplished within a reasonable time at the
expense of the violator. In addition to such relief, including money damages, the
court in its discretion may award attorney's fees and costs of the suit to the
prevailing party.
Section 8. Section 16.20.120 of the Bainbridge Island Municipal Code is amended to
read as follows:
It is a violation of this chapter for any person to initiate or maintain or
cause to be initiated or maintained the use of any structure, land or
property within the City without first obtaining permits or authorizations
required for the use by this chapter.
It is a violation of this chapter for any person to use, construct, locate,
demolish or cause to be used, constructed, located or demolished any
structure, land or property within the City in any manner that is not
permitted by the terms of any permit or authorization issued pursuant to
this chapfor.
C,
It is a violation of this chapter for any person to remove or deface any
sign, notice, complaint or order required by or posted in accordance with
this chapter.
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It is a violation of this chapter to misrepresent any
material fact in any application, plans or other information
submitted to obtain permits or authorizations under this
chapter.
It is a violation of this chapter for any person to fail to comply with the
requirements of this chapter.
Enforcement of this chapter and the imposition of
penalties for violations of this chapter shall be as
provided for in chapter 1.26 of this code.
Section 9. Section 17.04.290 of the Bainbridge Island Municipal Code is amended to
read as follows:
Any person, f'mn or corporation violating any provision of
this chapter shall be guilty of a gross misdemeanor and each such
person, firm or corporation shall be deemed guilty of a separate
offense for each and every day or portion thereof during which any
violation of this chapter is committed, continued or permitted.
Upon conviction of any violation of this chapter, such person, firm
or corporation shall be punished by a fine of not more than $5,000
or imprisonment for not more than one year, or by both such f'me
and imprisonment.
Section 10. Section 17.04.300 of the Bainbridge Island Municipal Code is amended to
read as follows:
Whenever any parcel of land is divided into five or more lots,
tracts, or parcels of land and any person, firm or corporation or
any agent of them sells or transfers, or offers or advertises for sale
or transfer, any such lot, tract, or parcel without having a final plat
of such subdivision filed for record, the City attorney may
commence an action to restrain and enjoin further subdivisions or
sales, or transfers, or offers of sale or transfer and compel
compliance with all provisions of this chapter. The costs of such
action shall be taxed against the person, firm, corporation or agent
selling or transferring the property.
Whenever land within a subdivision granted final approval is used
in a manner or for a purpose which violates any provision of this
chapter or any term or condition of plat approval prescribed for the
plat by the City, the City attorney may commence action to restrain
and enjoin such use and compel compliance with the provisions of
this chapter or with such terms and conditions. The costs of such
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action may be taxed against the violator.
Section 11. Section 17.12.320 of the Bainbridge Island Municipal Code is amended to
read as follows:
Any person, finn or corporation violating any provision of this chapter
shall be guilty of a gross misdemeanor and each such person, firm or corporation
shall be deemed guilty of a separate offense for each and every day or portion
thereof during which any violation of this chapter is committed, continued or
permitted. Upon conviction of any violation of this chapter, such person, firm
or corporation shall be punished buy a fine of not more than $5,000 or
imprisonment for not more than one year, or by both such fine and imprisonment.
Section 12. Section 17.12.330 of the Bainbridge Island Municipal Code is amended to
read as follows:
Whenever any parcel of land is divided into four or fewer lots,
tracts, or parcels of land and any person, finn or corporation or
any agent of any of them sells or transfers, or offers or advertises
for sale or transfer, any such lot, tract, or parcel without having
a fmal plat of such short subdivision filed for record, the City
attorney may commence an action to restrain and enjoin further
short subdivisions or sales, or transfers, or offers of sale or transfer
and compel compliance with all provisions of this chapter, The
costs of such action shall be taxed against the person,
firm,corporation or agent selling or transferring the property.
Whenever land within a short subdivision granted final approval is
used in a manner or for a purpose which violates any provision of
this chapter or any term or condition of plat approval prescribed
for the plat by the City, the City attorney may commence an action
to restrain and enjoin such use and compel compliance with the
provisions of this chapter or with such terms and conditions. The
costs of such action may be taxed against the violator.
Section 13. Section 17.16.290 of the Bainbridge Island Municipal Code is amended to
read as follows:
Any person, ~rn~ or corporation violating any provision of this chapter
shall be guilty of a gross misdemeanor and such person, firm or corporation shall
be deemed guilty of a separate offense for each and very day or portion thereof
during which any violation of this chapter is committed, continued or permitted.
Upon conviction of any violation of this chapter, such person, firm or corporation
shall be punished by a fine of not more than $5,000 or imprisonment for not
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more than one year, or by both such fine and imprisonment.
Section 14. Section 17.16.300 of the Bainbridge Island Municipal Code is amended to
read as follows:
Whenever any parcel of land is divided into large lots, tracts, or
parcels of land and any person, firm or corporation or any agent
of any of them sells or transfers, or offers or advertises for sale or
transfer, any such lot, tract, or parcel without having a final plat
of such subdivision filed for record, the City attorney may
commence an action to restrain and enjoin further large lot
subdivisions or sales, or transfers, or offers of sale or transfer and
compel compliance with all provisions of this chapter, The costs
of such action shall be taxed against the person, firm, corporation
or agent selling or transferring the property.
Whenever land within a large lot subdivision granted final approval
is used in a manner or for a purpose which violated any provision
of this chapter or any term or condition of plat approval prescribed
for the plat by the City, the City attorney may commence an action
to restrain and enjoin such use and compel compliance with the
provisions of this chapter or with such terms an conditions. The
costs of such action may be taxed against the violator.
Section 15. Section 18. 123.010 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.123.010 Violations.
It is a violation of this title for any person to initiate or maintain
or cause to be initiated or maintained the use of any structure, land
or property within the City without first obtaining permits or
authorizations required for the use by this title.
It is a violation of this title for any person to use, construct, locate,
demolish or cause to be used, constructed, located or demolished
any structure, land or property within the City in any manner that
is not permitted by the tenns of any permit or authorization issued
pursuant to this title.
It is a violation of this title for any person to remove or deface any
sign, notice, complaint or order required by or posted in
accordance with this title.
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It is a violation of this title to misrepresent any material fact in any
application, plans or other information submitted to obtain any land
use permits or authorizations.
It is a violation of this title for any person to fail to comply with
the requirements of this title.
Section 16. Section 18. 123.020 of the Bainbridge Island Municipal Code is amended to
read as follows:
18.123.020 Penalties and Enforcement
Enforcement of this title and the imposition of penalties for violations of
this title shall be as provided in chapter 1.26 of this code.
Section 17. Sections 18.123.030 and 18.123.040 are repealed.
Section 18. This ordinance shall take effect and be in force five days from and after its
passage, approval and publication as required by law.
PASSED by City Council this 2nd day of March , 1995.
APPROVED by the Mayor this 3rd dayof I~larch
,1995.
Janet West, Mayor
ATtEST/AUTHENTICATE:
Susa . Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
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FILED WITH THE CITY CLERK: January 27, 1995
PASSED BY THE CITY COUNCIL: March 2, 1995
PUBLISHED: March 8, 1995
POSTED: March 8, 1995
EFFECTIVE DATE: March 13, 1995
ORDINANCE NO.: 95-02
ref: c:\tar\luc\enforce3.d~
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