ORD 2001-02 CODE ENFORCEMENTORDINANCE NO. 2001-02 (Formerly 2000-38)
AN ORDINANCE OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, AMENDING CHAPTER 1.26 AND SECTION 2.16.130 OF
THE BAINBRIDGE ISLAND MUNICIPAL CODE, RELATING TO CODE
ENFORCEMENT, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Bainbridge Island, Washington, deems it to
be in the interest of the City to amend Chapter 1.26 and Section 2.16.130 of the Bainbridge
Island Municipal Code to clarify and strengthen its provisions relating to code enforcement; now,
therefore,
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Section 1.26.020 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.020 Duty to enforce - Inspections - Duty to comply.
A. 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. Whenever used in this chapter the term "director" includes the code
enforcement officer or other official duly authorized by the director.
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.
C. Upon presentation of proper credentials with photo identification,
the d~rector .....~~...~..~"*~'~'~'~. ~v. wv-.~..*~*: ..... v wr .~..~ ~ ...... 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.
D. This chapter and TP.c the applicable titles and chapters of this code
shall be enforced for the benefit of the health, safety and welfare bf the general
public, and not for the benefit of any particular person or class of persons.
E. It is the intent of this chanter and 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.
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F. No provision of or term used in this chapter or 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.
Section 2. Section 1.26.025 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.025 Investigation and notice of violation.
A. The director ..... ; ~,,*~^~ ........ ,~,: ....
............ r ....................... tm, shall
investigate any structure or use which the director er
· ur ............... d~r:ctor, reasonably believes does not comply with the
standards and requirements of the applicable titles and chapters of this code.
.......... r ......... v ......................ion.
B. Whenever the director determines that a violation of the code
occurred there shall be served upon the responsible person either:
1. A Notice of Violation and Corrective Order: or
2. A Notice of Infraction.
C. The director shall issue a Notice of Violation and Corrective
Order. un!czz provided that a Notice of Infraction shall be issued if the person
cited has been served with 'a prior Notice of Violation. the person cited has
committed prior violations of the code. the person is cited for failing to comply
with a Stop Work Order or an Emergency Order. or the violation create~ an
immediate threat to public health, safety or welfare.
D. The director may issue a stop work order or emergency order in
appropriate cases without regard to whether any other enforcement action
been or will be taken.
Section 3. Section 1.26.026 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.026 Notice of infraction - Service.
................. r ............ The director may issue a notice of infraction if the
director ~,,*~-~;-~-~ ........,~,;.,~
............. r ............reasonably believes that a provision of the
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applicable titles and chapters of this code has been violated. A notice of infraction
may be served either by:
A. The authe~zcd ........ *~+;-'~ director serves the notice of
infraction on the person named in the notice of infraction at the time of issuance;
or
B. The ' ' director files the notice of infraction
~vith 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.
Section 4. Section 1.26.031 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.031 Notice, failure to sign, Nonappearance - Failure to satisfy penalty.
A. A person who fails to sign a notice of civil infraction is guilty of a
misdemeanor.
B. 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.
C. A person who willfully fails to pay a ~ fine 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
Section 5. Section 1.26.035 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.035 ~ -- Fine.,.v-~.-.n/~-~*~'~ ~:=a!tle: - Restitution -- Costs --
Attorneys Fees.
A. Upon a finding that a civil infraction has been committed the court
shall enter judgment requiring:
A? 1. payment of a fine of not more than $500.00 for each
2. payment of court costs as defined by role or statute.
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3. paYment to the prevailing party of its reasonable attorney's
fees as allowed by RCW 7. $0.140.
B. Whenever a fine mcncta:3' penalty is imposed by a court under this
chapter 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 attomey of the failure to pay. The court shall also
notify the DPCD denartment of planning and community development of the
failure to pay the penalty, and the DPCD department shall not issue the person
any futura permits for any work until the monetary penalty has been paid.
C. The court may also order a person found to have committed a civil
infraction to make restitution.
Section 6. Section 1.26.037 of the Bainbridge Island Municipal Code is amended as
follows:
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 ~ Sections 1.26.050, 1.26.060,
1.26.090 or 1.26.100.
Section 7. Section 1.26.0560 of the Bainbridge Island Municipal Code is amended as
follows:
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 ar duly autkcri::c~ rcFrcz:ntativc of
~e di::cctcr'z, 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. (Ord. 95-02 § 1, 1995)
Scction 8.
[bllo~ s:
1.26.060
Section 1.26.050 of the Bainbridge Island Municipal Code is amended as
Emergency order.
A_~. 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 cr ~.j
............. ~, ........................ or, ma ssue an emergency order directing
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that the use or activity be immediately discontinued and the condition causing the
threat to the environment, health or safety be corrected. The emergency order
shall be posted 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.
B. 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 cr 4'11 ..... I'~'~'~--~'4 ........ I'~': .... C'l']'~ a;,~,~., is authorized to abate
snch 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.
Section 8. Section 1.26.065 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.065. Notice of violation - Procedures.
A. The notice of violation shall state separately each standard off
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 or 16.22, 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 damageds or
destroyed trees.
B. 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 subsection C of this section.
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
~vhereabouts of the person or persons is unknown or service cannot be
accomplished and the director or ~"~ ..... ,u,,,4.,~,~ ........ '~*;"~ cf ~-~ a:~^~
~.~ ............. ,, ..................... tor,
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.
D. 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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E. Nothing in this section shall be deemed to limit or preclude any
action or~'proceeding pursuant to Section 1.26.050 or 1.26.060.
F. The director cr duly authoriz~,d representative of thc dirzztc, r, may
mail, or cause to be delivered to all residential and/or nonresidential 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.
G. A notice or an order may be amended at any time in order to
correct clerical errors or cite additional authority for a stated violation.
Section 9. Section 1.26.070 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.070 Review by the director.
A. Any person affected by a notice of violation issued under Section
1.26.050 or 1.26.060 may request cbtain a review of the notice by requesting such
review within 4-5 J_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,
clearly and concisely identif_ving the errors of the director, or the basis for any
claimed mitigation, and upon receipt of the request, the director .er dub'
............. v .......................... , shall ~ and
1. determine, in the sole discretion of the director, whether a
review meeting should be held: or
2. respond in writing denying the request for review citing the
reasons for the denial. A director's review may be denied iff
(a'} The review is being requested for an obvious or
flagrant violation for which fines or penalties, but no mitigation, are required
(b) The review is being requested solely to seek a
reduction or elimination of fines and penalties.
The review is being requested to seek a waiver or
reduction of the enforcement fee.
(d) The review is being requested for any matter
relating to burning violations.
If the director determines a review meeting should be held. 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, r "~,...~ ..... v,..~..,.~v~' .... : ...... ~,.w~ b~,' all
........~.v.~-~ ~. · ~ .........~ · ................... Before the date set for the review, any
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person affected by the notice of violation may submit any additional written
material to the director c. a,,, ..... ~.u~..:.~a -~' ............
consideration at the review. During the administrative review, the order shall be in
full force and effect until the order is corrected or the decision is overturned.
B. 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 ~lt~lp-a~i4mdeq~
rc~rz:cntafive cf the director, may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of
additional information; or
4. Modify the notice of violation, which may include an
extension of the compliance date.
C. The director or duly a',:thcrizc, d rcFrc, zc, rZativc cf thc dircctcr, shall
issue an order containing the decision within 10 working 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.
D. The decision of the director may be appealed pursuant to the
procedures set forth in Section Ckaptr, r 2.16.130 of this code.
Section 10. Section 1.26.075 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.075 Time to comply.
A. When calculating reasonable time for compliance, the director ov
,~u^.~ ............. ;.,~ ~: ...... shall consider the following
duly au ........ d ............ ,
criteria:
1.
2.
to comply;
out corrective action;
The type and degree of the violation cited in the notice;
The stated intent, if any, of a responsible party to take steps
The procedural requirements for obtaining a permit to carry
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4. The complexity of the corrective action, including seasonal
considerations, construction requirements and the legal prerogatives of landlords
and tenants; and
5. Any other circumstances beyond the control of the
responsible party.
B. Unless a request for review before the director ~- '~,,~ .....
........ ~. ....c t~c. '~; ...... is made in accordance with Section 1,26.070, the
notice of violation shall become the final order of the director ~
.~.~-.~*~*;"~.~ cf *~..~ ~..~:~'~.. A copy of the notice may be filed with the
Bainbridge Island m~icipal couP. The director ar duly ~,,,~.~
~, may choose not to file a copy of the notice or order if the notice or
order is directed only to a person other th~ the owner of the prope~y.
Section 11. Section 1.26.080 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.080 Extension of compliance date - Revocation.
A. The d~rector ..... J ~-,~,~,~ ........ ,~,: .... c,k~ .~;~.~
.............. v .......................... , 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 wilI not be adversely affected by the extension.
B. An extension of time may be revoked by the director zr
~,,~.4..,~ ........ +.. ....c ~. ,~;.~.^. if it is shown that the conditions at the
time the extension was granted have changed, if the director zr ~u!y
~r-~..-~.-*; ..... ~ ~.c**'~..~ -~..~v.,'~;~*~- 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.
Section 12. Section 1.26.090 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.090 Civil penalty.
A, In addition to any other sanction or remedial procedure which may be
available, any person violating or failing to comply with any of ~he provisions of the
applicable titles and chapters of this code shall be subject to a cumulative penalty in the
amount of $1,000 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--.~'~"~ ...... .............. ~^'~-~'~ ......... ~. ............ *~';-,~ of
tb.'c dir.cctc.:, 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
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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:
1. That the violation giving rise to the action was caused by the willful act,
neglect, or abuse of another; or
2. 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. (Ord. 95-02 § 1, 1995)
Section 13. Section 1.26.100 of the Bainbridge Island Municipal Code is amended as follows:
1.26.100 Criminal penalties.
A. In addition to any civil penalty that may be imposed any person
violating or failing to comply with the applicable titles and chapters of this code
and having a judgment 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 imprisomnent for a period not to
exceed one year, or by both such fine and imprisonment. Each day of
noncompliance shall constitute a separate offense.
B. In addition to any civil penalty that may be imposed, a criminal
penalty, not to exceed one year imprisonment and/or $5,000 per violation, may be
imposed:
1. For violations of Sections 16.20.120D and 18.123.010D of
this code and Section 205(c) of the Uniform Building Code as amended by
Section 15.04.030 of this code;
2. For any other violation of the applicable title and chapters
of this code for which corrective action is not possible; and
any ........ , .............................
to
comply wi~ a ston work order or an emergency ~-~- +~ ~*~-~-~ ~-
Section 14. Section 1.26.010 of the Bainbridge Island Municipal Code is amended as
follows:
1.26.110 Additional relief.
The city prosecutor, with the assistance of the director ^- duly n..,.^.~.~ ......... ~,; .... c +~.~
dircctor, may seek legal or equitable relief to enjoin any acts or practices and abate any condition
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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. (Ord. 95-02 § 1, 1995)
Section 154. Subsection 2.16.130A of the Bainbridge Island Municipal Code is amended
as follows:
A. Applicability. This section is applicable to all hearings conducted in response
to appeals of administrative decisions, departmental rulings and interpretations made in
accordance with administrative review procedures of Section 2.16.095 and ~
decisions made under Section 1.26.070 of this cod~. Appeals of decisions made in accordance
with Chapter 16.04, the city's SEPA rules, shall be made according to the procedures in that
chapter and shall be combined with an appeal hearing as specified in subsection E.
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 the City Council this 28th day of February 2001.
APPROVED by the Mayor this 1st day of March 2001.
SUTTON, Mayor
ATTEST/AUTHENTICATE
SO~'AN P. KASPER~, City Clerk
FILED WITH CITY CLERK:
PASSED BY CITY COUNCIL:
DATE OF PUBLICATION:
EFFECTIVE DATE:
ORDINANCE NO.:
October 5, 2000
February 28, 2001
March 7, 2001
March 12, 2001
2001-02
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