HomeMy WebLinkAbout5667 ORDINANCE NO. 5 6 6 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AMENDING SECTIONS 1.25.010 AND 1.25.020 OF THE
AUBURN CITY CODE, RELATING TO CODE ENFORCEMENT AND
ENFORCEMENT OF CIVIL PENALTIES
WHEREAS, the provisions of the Auburn City Code (ACC) provide for various
penalty provisions in connection with violation of Ordinances and Codes of the City,
some of which are civil in nature and others criminal; and
WHEREAS, the enforcement responsibility for such violations is also provided for
in the ACC, including provisions empowering the Code Enforcement Official to enforce
violations of specified codes; and
WHEREAS, there are some areas of potential violation of the ACC that are not
specified for such enforcement; and
WHEREAS, it would provide clarity for and enhance efficiency of enforcement
action if the enforcement provisions specified authority to cover those areas not
currently addressed in the provisions of the ACC.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 1.25.010 of the City of Auburn Code is amended to read
as follows:
1.25.010 Purpose.
It is the purpose of this chapter to provide civil penalties for non-fire code
violations of ACC Titles 5,8, 10, 12, 13, 15, 16, 17 and 18, 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 which do not involve imminent danger
to the public health, safety and welfare of persons or propertyj and such other code
provisions as are specified. Criminal penalties provided in this code for non-fire violation
of ACC Titles 8, 10, 12, 13, 15, 16, 17 and 18, and all standards, regulations and
procedures adopted pursuant to those titles and the terms and conditions of any permit
Ordinance No. 5667
May 30, 2002
Page 1
or approval issued pursuant to those titles whether contained in Chapter 1.24 ACC or in
the individual titles are superseded to the extent provided herein. It is the intent of this
chapter to permit a timely and efficient means of enforcement, to establish definitions,
monetary penalties for violations and a hearing process before the hearing examiner.
(Ord. 5246 § 1 (Exh. B), 1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Section 2. That Section 1.25.020 of the City of Auburn Code is amended to read
as follows:
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 ACC
Titles 5, 8, 12, 13, 15, 16, 17 and 18, and Chapter 10.02 ACC 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, and
such of the code provisions specifying civil penalties not within the specific or exclusive
enforcement responsibility of another official.
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 ACC 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
ACC Titles 5, 8, 12, 13, 15, 16, 17 and/or 18, and Chapter 10.02 ACC, 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, and such
other code provisions as are specified. (Ord. 5372 § 1, 2000; Ord. 5246 § I (Exh. B),
1999; Ord. 5212 § 1 (Exh. B), 1999; Ord. 4460 § 1, 1991.)
Ordinance No. 5667
May 30, 2002
Page 2
Section 3. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directions of this ordinance.
Section 4. If any portion of this Ordinance or its application to any person or
circumstances is held invalid, the remainder of the Ordinance or the application of the
prevision to other persons or circumstances shall not be affected.
Section 5. 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: June 3, 2002
PASSED: a'u~e 3, 2002
APPROVED: ,~u~e 3, 2002
MAYOR
ATTEST:
~ani~lle Daskam
City Clerk
APPROVED AS TO FORM:
Damel B Heid
City Attorney
PUBLICATION: ~,-
Ordinance No. 5667
May 30, 2002
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