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Home My WebLink About5372 ORDINANCE NO. 5 3 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AMENDING CHAPTER 1.25 ENTITLED "CIVIL PENALTIES FOR VIOLATIONS." WHEREAS, Auburn City Council adopted Ordinance No. 5246 on June 21, 1999, amending Auburn City Code Chapter 1.25 entitled "Civil Penalties for Violations" for the purpose of providing civil penalties for violation of Auburn City Code 10.02 entitled "Commute Trip Reduction (CTR) Plan;" and WHEREAS, Auburn City Code Chapter 1.25 refers to the Auburn City Code Titles affected by Auburn City Code Chapter 1.25; and WHEREAS, Exhibit 'A' as adopted by reference amending Auburn City Code 1.25 as authorized by Ordinance No. 5246 inadvertently failed to reference Auburn City Code 10.02 in Auburn City Code 1.25, Section 1.25.020(H) and Auburn City Code 1.25, Section 1.25.080 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. PURPOSE: The purpose of this ordinance is as follows: To amend Chapter 1.25 "Civil Penalties for Violations" of the Auburn City Code as set forth in Exhibit "A" attached hereto and incorporated herein by this reference. Ordinance No. 5372 05/16/00 Page 1 Section 2. CONSTITUTIONALITY OR INVALIDITY: If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsection, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phrase, or sentence, be declared invalid or unconstitutional. Section 3. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 4. This ordinance shall take effect and be in force five (5) days from and after its passage, approval, and publication, as provided by law. INTRODUCED: a~y 3-7, 2000 PASSED: ~Tu_l.y 17, 2000 APPROVED: ~Tu_l.y 3.7, 2000 CHARLES A. BOOTH MAYOR Ordinance No. 5372 05/16/00 Page 2 ATTEST: D~a~askam~ City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney PUBLISHED: Ordinance No. 5372 05/16/00 Page 3 Chapter 1.25 CIVIL PENALTIES FOR VIOLATIONS 1.25.020 Definitions. Except where specifically defined in this section, all words used in this chapter shall carry their customary meanings. The word "shall" is always mandatory, and the word "may" denotes a use of discretion in making a decision. A. "Act" means doing or performing something. B. "Code enforcement official" means the building and land use codes enforcement manager or his/her designee empowered to enforce a violation of Titles 8, 4-0, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles of this code. C. "Emergency" means a situation or civil violation which in the opinion of the code enforcement official requires immediate action to prevent or eliminate an imminent threat to the public health, safety or welfare of persons or property. D. "Hearing examiner" means the office of the hearing examiner created pursuant to Title 18 of this code and provided for herein as the officer presiding over violation and stop work hearings. E. "Omission" means a failure to act. F. "Person" includes any natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid. G. "Stop Work Order." Whenever any work is being done which constitutes a "violation" under subsection H of this section, the code enforcement official may order the work stopped by notice in writing served on any persons engaged in the doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the code enforcement official to proceed with the work. H. "Violation" means an act or omission contrary to requirements contained in Titles 8, 12, 13, 15, 16, 17 and/or 18, and Chapter 10.02, and/or all standards, regulations and procedures adopted pursuant to those titles and the terms and/or conditions of any permit or approval issued pursuant to those titles. (Ord. 4460 § 1, 1991.) 1.25.080 Enforcement authority. The code enforcement official shall have authority to enforce this chapter, including but not limited to non-tire code violations of Titles 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 and all standards, regulations and procedures adopted pursuant to those titles and the terms and conditions of any permit or approval issued pursuant to those titles. The code enforcement official is authorized to issue violation notices and stop work orders, levy fines, and/or institute or cause to be instituted legal actions. Recourse to any single remedy shall not preclude recourse to any of the other remedies. Each violation as defined in ACC 1.25.020(H) and as provided in ACC 1.25.060 and 1.25.070, or order issued pursuant to this chapter, shall be a separate offense, and, in the case of a continuing violation, each day's continuance shall be deemed to be a separate and distinct offense. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator. Enforcement actions shall include, but not be limited to, civil penalties, stop work orders and abatement or injunctive action. The code enforcement official may bring appropriate actions before the hearing examiner as provided in this chapter but is not precluded by this chapter from bringing actions at law or equity, including but not limited to actions for injunctive relief and/or abatement, to ensure the public health, safety and welfare. (Ord. 4460 § 1, 1991 .)