HomeMy WebLinkAboutOrdinance No. 0848Ordinance No. 848
AN ORDINANCE OF THE CITY OF MEDINA, WASHINGTON,
RELATING TO ENFORCEMENT PROCEDURES IN CHAPTER 1.15 (CODE
ENFORCEMENT) OF THE MEDINA MUNICIPAL CODE (MMC), TITLE 17 MMC (ZONING),
CHAPTER 8.04 MMC (NUISANCES), CHAPTER 8.06 MMC (NOISE CONTROL), CHAPTER
12.28 MMC (TREE CODE), CHAPTER 12.32 MMC (STRUCTURES IN UNIMPROVED
PORTIONS OF PUBLIC RIGHTS -OF -WAY), CHAPTER 14.12 MMC (SITE PLAN REVIEW),
CHAPTER 15.20 MMC (MITIGATION PLANS FOR MAJOR CONSTRUCTION ACTIVITIES),
CHAPTER 18.08 MMC (SHORELINE MANAGEMENT MASTER PROGRAM), AND CHAPTER
18.12 MMC (CRITICAL AREAS); AND TO THE DUTIES OF THE
HEARING EXAMINER IN CHAPTER 2.78 MMC
WHEREAS, the City of Medina is classified as a non -charter code City under title 35A
RCW; and
WHEREAS, RCW 35A.11.020 grants code cities the authority to adopt and enforce
ordinances of all kinds relating to and regulating local or municipal affairs and appropriate to the
good of the City that are not in conflict with state law; and
WHEREAS, RCW 35A.11.020 provides that any violation of such ordinances constitutes
a misdemeanor or gross misdemeanor, or as an alternative can be designated as a civil
violation subject to monetary penalties provided that no act which is a state crime may be made
a civil violation; and
WHEREAS, pursuant to RCW 90.58.200 and RCW 90.58.210, local governments may
adopt enforcement procedures as are necessary and appropriate to carry out the provisions of
the Shoreline Management Act (chapter 90.58 RCW); and
WHEREAS, the Medina Municipal Code has designated as alternative violations civil
offenses subject to monetary penalties of regulations pertaining to zoning, public nuisances,
noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
mitigation plans for major construction, and critical areas; and
WHEREAS, chapter 1.15 MMC, adopted April 14, 2003, by Ordinance No. 744
established procedures for enforcement of violations pertaining to zoning, public nuisances,
noise, tree code, structures in unimproved portions of public rights -of -way, building codes,
mitigation plans for major construction, and critical areas; and
WHEREAS, MMC 8.04.110 established public nuisances as a civil infraction with
separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC 8.06.010 and MMC 8.06.050(B) established noise violations as a civil
infraction with separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC 12.28.280 established violations of the tree code as a civil infraction
with separate monetary penalties from chapter 1.15 MMC; and
WHEREAS, MMC 12.32.080 established violations of structures within the right-of-way
as a civil infraction with separate monetary penalties from chapter 1.15 MMC; and
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WHEREAS, MMC 14.12.080 established enforcement procedures for a violation of the
conditions of a site plan review approval as a civil or criminal offense with separate monetary or
criminal penalties from chapter 1.15 MMC; and
WHEREAS, MMC 15.20.090 established enforcement procedures for a violation of
mitigation plans for major construction activities as a civil or criminal offense with separate
monetary or criminal penalties from chapter 1.15 MMC; and
WHEREAS, MMC 17.04.060, MMC 17.80.130, MMC 17.90.180, and MMC 17.92.010
established violations of the zoning code as civil and criminal offenses with separate monetary
or criminal penalties from chapter 1.15 MMC; and
WHEREAS, 18.12.230 MMC established enforcement procedures, monetary penalties
and restoration requirements for violations of the critical areas ordinance separate from chapter
1.15 MMC; and
WHEREAS, the City has not adopted local enforcement procedures for its shoreline
master program and relies on WAC 173-27-240 through 173-27-310 for enforcement of its
shoreline master program and the Shoreline Management Act; and
WHEREAS, the City has undertaken a review of its enforcement regulations to identify
practices with the potential to improve the efficiency, effectiveness and economy of code
enforcement; and
WHEREAS, the goals of code enforcement are to achieve compliance with City
regulations by utilizing progressive enforcement measures and matching enforcement
measures to violation characteristics; and
WHEREAS, the comprehensive plan provides the following goal related to enforcement
regulations:
• LU-G1: To maintain Medina's high -quality residential setting and character;
WHEREAS, pursuant to RCW 36.70A.106, a notice of intent to adopt was transmitted to
the Washington State Department of Commerce on November 20, 2009; and
WHEREAS, the adoption of an ordinance pertaining to enforcement relates solely to
governmental procedures and contains no substantive standards respecting use or modification
of the environment and is therefore exempt from the requirements of the State Environmental
Policy Act pursuant to WAC 197-11-800(19); and
WHEREAS, after proper public notice was provided, the planning commission held a
public hearing on November 16, 2009, and no public testimony was received; and
WHEREAS, the planning commission forwarded a recommendation to the city council;
and
WHEREAS the city council provided notice and held a public hearing on February 8,
2010, to receive public testimony for and against the proposed code amendment, and to
consider the planning commission's recommendation; and
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WHEREAS, the City Council adopts the following conclusions of the planning
commission in support of its decision:
A. Revisions to the code enforcement provisions are necessary to improve the overall
effectiveness of the code enforcement program by establishing a citation procedure
and by consolidating enforcement procedures and penalties, and clarifying
enforcement regulations into a coherent code enforcement program.
B. The inclusion of enforcement provisions for the Medina Shoreline Management
Master Program will enhance the City's ability of meeting its mandate to take all
actions necessary to make sure no shoreline uses or activities conflict with the
Shoreline Management Act or the Medina Shoreline Management Master Program.
C. The proposed revisions set forth in this ordinance are in the best interest of the City
and protect the public health, safety and welfare.
D. The enforcement procedures and revisions adopted by this ordinance are consistent
with and further the goal of LU-G1 of the Medina comprehensive plan by improving
the protection of residents from the effects of violations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON, DO
ORDAIN AS FOLLOWS
Section 1. Section 2.78.070 of the Medina Municipal Code is hereby amended to read
as follows:
2.78.070 Hearing examiner — Duties.
The hearing examiner shall review and act on the following:
A. Appeals of administrative decisions/determinations, including but not limited to SEPA
determinations, lot line adjustments, short subdivisions, administrative interpretations,
temporary noise variances, code enforcement and any other decisions affecting a
landowner's ability to develop property within the City:
B. Conditional use permits;
C. High bank density development permits;
D. Planned land use development permits;
E. Shoreline conditional use permits;
F. Shoreline variances;
G. Special use permits, except where reviewed administratively per MMC 14.08.020(B);
H. Substantial development permits;
I. Tree removal and pruning pursuant to Chapter 12.28 MMC;
J. Variances, except where reviewed administratively per MMC 14.08.020(A);
K. Historical use permits;
L. Technical and Economic noise, variances pursuant to Chapter 8.06 MMC; and
M. Other matters as provided in the Medina Municipal Code and other ordinances.
Section 2. Chapter 1.15 of the Medina Municipal Code is hereby repealed in its entirety.
Section 3. A new chapter 1.15 of the Medina Municipal Code is hereby adopted to read
as follows:
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Chapter 1.15
CODE ENFORCEMENT
1.15.010
Purpose.
1.15.020
Definitions.
1.15.030
Applicability.
1.15.040
Remedies not exclusive.
1.15.050
Types of enforcement action.
1.15.060
Initiation — investigation.
1.15.070
First Contact —Warning Notice.
1.15.080
Stop Work Order
1.15.090
Correction agreement.
1.15.100
Citation.
1.15.110
Contents of a citation.
1.15.120
Response to a citation.
1.15.130
Mitigation of fines.
1.15.140
Contesting citation hearing.
1.15.200
Notice of Violation.
1.15.210
Effective date and content of a notice of violation.
1.15.220
Appeal of a notice of violation.
1.15.230
Appeal hearing for a notice of violation.
1.15.300
Failure to appear at a hearing.
1.15.310
Final order for enforcement.
1.15.320
Method of service.
1.15.330
Monetary penalties.
1.15.340
Collection of monetary penalties.
1.15.350
Emergency order
1.15.400
Criminal violations.
1.15.500
Abatement by the City.
1.15.510
Entry to buildings and premises — warrants.
1.15.520
Lien authorized.
1.15.530
Suspension of permit.
1.15.540
Revocation of permit.
1.15.600
Duty not creating liability.
1.15.010 Purpose.
The purpose of this chapter is to provide the authority and procedures to be used in enforcing
the provisions set forth in this chapter.
1.15.020 Definitions.
A. Words in this chapter used in the singular shall include the plural, and the plural shall
include the singular, unless the context clearly indicates the contrary.
B. The following definitions shall apply to this chapter:
1. "Citation" means an order that represents a decision by a code enforcement officer
that a violation has been committed.
2. "City" means City of Medina.
3. "Code enforcement officer" means the City employee designated by the City
manager to enforce the provisions set forth in this chapter. The City employee shall
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have knowledge of the principles, practices, methods and techniques of code
violation investigation and enforcement.
4. "Days" means calendar days.
5. "Fine" means a monetary sum imposed as punishment for an offense.
6. "Incidental expenses" means personnel costs, both direct and indirect, attorneys'
fees, costs incurred in documenting the violation, hauling, storage and disposal
expenses, restoration costs, and actual expenses and costs of the City in preparing
notices, specifications and contracts, and in accomplishing and/or contracting and
inspecting the work and the costs of any required printing and mailing, and other
expenses prescribed by law.
7. "Notice of Violation" means a notification that denotes an activity and/or condition is
in violation of the law.
8. "Person responsible for the violation" means any person who commits any act or
omission which is a violation or causes or permits a violation of the City code to
occur or remain upon property in the City, and includes but is not limited to owners,
lessees, tenants, contractors, subcontractors or other persons entitled to control, use
and/or occupy property where a violation occurs.
9. "Repeat violations" means:
a. The same or similar violation, as determined by the code enforcement officer,
occurring on the same property within a consecutive 24-month time period.
b. The same person committing the same violation or similar violation, as
determined by the code enforcement officer, on a different property within the city
limits of Medina within a consecutive 24-month time period.
10. "Violation" means an act or omission contrary to City code including a condition
resulting from such act or omission.
1.15.030 Applicability.
This chapter applies to any violations of:
A. Title 17 MMC Zoning;
B. Chapter 8.04 MMC, Nuisances;
C. Chapter 8.06 MMC, Noise;
D. Chapter 12.28 MMC, Tree Code;
E. Chapter 12.32 MMC, Structures in Unimproved Portions of Public Rights -of -Way;
F. Chapter 14.12, Site Plan Review;
G. Chapter 15.04, Building Codes;
H. Chapter 15.20 MMC, Mitigation Plans for Major Construction Activities;
I. Chapter 18.04 MMC, Shoreline Management Master Program; and
J. Chapter 18.12 MMC, Environmentally Sensitive Areas.
1.15.040 Remedies not exclusive.
The procedures set forth in this chapter are not exclusive and shall not in any manner limit or
restrict the City from remedying violations or abating violations in any manner authorized by law.
1.15.050 Types of enforcement action.
A. The following is a list of enforcement actions for achieving code compliance:
1. Warning notice issued pursuant to MMC 1.15.070;
2. Citation issued pursuant to MMC 1.15.100;
3. Notice of Violation issued pursuant to MMC 1.15.200;
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4. Misdemeanor pursuant to MMC 1.15.400.
B. Botha citation and a notice of violation shall not be issued for the same violation. However,
a citation and a notice of violation can be issued for the same activity or condition if there
are multiple violations and each citation or notice of violation issued is consistent with the
provisions of this chapter.
1.15.060 Initiation — investigation.
The code enforcement officer may initiate an investigation of a violation in response to receipt of
a complaint, field observations, or other reliable information. Any records associated with a
complaint may be subject to the State Public Disclosure Law.
1.15.070 First contact — warning notice.
A. When a code enforcement officer confirms the existence of a violation, the code
enforcement officer may provide a warning to secure correction of the violation by contacting
the person responsible for the violation, explaining the violation, and requesting corrective
action within a reasonable time period.
B. When written notice is provided, it shall be in the form of a warning notice and contain the
following information:
1. The tax parcel number or street address where the violation occurred or is located;
2. A statement describing the violation and referencing the code section violated;
3. A date by which the violation must be corrected;
4. A statement of potential consequences for failure to complete the corrective action;
and
5. Other information, as determined necessary by the code enforcement officer.
C. A stop work order or an emergency order may serve as first contact in lieu of a warning
notice.
1.15.080 Stop work order.
A. Whenever a code enforcement officer finds any work being performed in a manner in
violation of the provisions set forth in MMC 1.15.030, or in a dangerous or unsafe manner,
the code enforcement officer is authorized to issue a stop work order.
B. A stop work order shall be in writing on a form determined by the code enforcement officer
and shall state the reason for the order and the conditions under which the work cited will be
permitted to resume.
C. A stop work order shall be given to the owner of the property involved, and/or to the owner's
agent, and/or to the person doing the work.
D. Upon issuance of a stop work order, the work cited shall immediately cease.
1.15.090 Correction agreement.
A. A correction agreement is a voluntary compliance agreement where the person responsible
for the violation agrees to correct a violation within a specified time period and in
accordance with specified conditions.
B. The City and the person responsible for the violation may enter into a correction agreement
at any time.
C. A correction agreement shall contain the following:
1. The name and address of the person responsible for the violation;
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2. The street address or other description that is sufficient to identify the location of the
violation;
3. A statement of each code section or requirement violated, and a concise description
of the violation;
4. The date the violation was observed;
5. A list of required corrective actions to remedy the violation, and a date and time by
which the corrective actions must be completed;
6. A statement by the person responsible for the violation that:
a. They committed the violation;
b. They agree to waive the right to appeal the determination of a violation and
the specified corrective action;
c. The City may recover its costs and expenses, and monetary penalties from
the person responsible for the violation if the terms of the correction
agreement are not satisfied;
7. A statement by the property owner that the code enforcement officer may inspect the
location of the violation as necessary to determine compliance with the correction
agreement; and
8. Signature of the person to whom the correction agreement is directed and/or
property owner, as applicable.
D. If the code enforcement officer is not satisfied that the terms of the correction agreement are
met, the person responsible for the violation shall be assessed monetary penalties
consistent with MMC 1.15.330. Monetary penalties shall be assessed retroactively to the
date the person responsible for the violation was first notified to take corrective actions.
E. The code enforcement officer may grant a time extension for correcting a violation, or may
modify the conditions for corrective action, if:
1. The person responsible for the violation has shown due diligence or substantial
progress towards correcting the violation; and
2. Unforeseen circumstances delayed correction under the original conditions; and
3. The person responsible for the violation requests in writing and establishes a clear
need for a time extension or modification of the original conditions.
1.15.100 Citation.
A. The following violations listed in MMC 1.15.030 shall be subject to the citation and/or
criminal provisions set forth in this chapter:
1. Exceeding noise standards established in MMC 8.06.010 that are administered
under the authority of the administrator or hearing examiner.
2. Failure to comply with the terms and conditions of a code of conduct, or construction
mitigation plan issued pursuant to chapter 15.20 MMC.
3. Failure to comply with erosion control measures and erosion best management
practices prescribed in chapter 13.06 MMC.
4. Failure to comply with a stop work order issued pursuant to MMC 1.15.300.
5. Failure to obtain to a tree removal permit as prescribed in MMC 12.28.030.
B. A citation.shall be issued in writing and carry a fine pursuant to MMC 1.15.330(A). Payment
of the fine shall not relieve the person responsible for a violation from the obligation to
correct, abate or stop the violation.
C. Each day a violation continues to exist shall constitute a separate violation upon which a
new citation may be issued and another fine assessed. Nothing in this chapter shall be
construed to restrict the City's ability to issue a new citation or pursue other enforcement
actions prescribed by this chapter as long as the violation continues to exist.
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1.15.110 Contents of a citation.
A. A citation shall contain the following:
1. The name and address of the person being cited;
2. The street address or other description that is sufficient to identify the location of the
violation;
3. A statement of each code section or requirement violated;
4. The date of the violation;
5. A statement of the fine being imposed pursuant to MMC 1.15.330(A);
6. A statement that the person named in the citation must respond within 14 days after
the citation was served;
7. A statement of the options to respond and the procedures to exercise these options;
8. A statement that the citation represents a final decision, unless contested as
provided for in this chapter;
9. A certified statement by the code enforcement officer, authorized by RCW
9A.72.085, setting forth facts supporting the citation; and
10. Other pertinent information, as determined by the City.
B. The code enforcement officer may amend the citation at any time to correct clerical errors or
to cite additional authority for a stated violation.
C. The code enforcement officer may withdraw a citation at any time if it was issued in error.
D. The citation shall be served upon persons responsible for a violation by one of the methods
prescribed in MMC 1.15.310.
1.15.120 Response to a citation.
A. A person named in a citation must respond to the citation by one of the following methods:
1. Pay the fine, in which case the record shall show the person named has committed
the violation; or
2. Request a mitigation of the fine, in which case the person named agrees they
committed the violation, but want to present mitigating circumstances in determining
the fine; or
3. Request a contested hearing and appeal the issuance of the citation and fine.
B. When requesting a mitigation of the fine, or a contested hearing, the person named in the
citation shall make the request in writing and include an address and contact information
where notices should be sent.
C. A response to a citation must be received no later than 14 days after the date the citation
was served. The response shall be delivered by mail or by hand to the address listed on the
citation. If mailed, the date post marked shall be considered the date of the response.
D. Failure to respond to the citation within the specified time period shall result in a final order
being entered that the person named in the citation committed the violation stated and that
the fine specified shall be assessed.
E. Payment of a fine shall not relieve the person named in the citation of the responsibility to
cure, abate or stop the violation.
F. A request for a contested hearing shall not stay further enforcement action, or relieve the
person responsible for the violation from correcting the violation.
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1.15.130 Mitigation of fines.
A. If a person named in a citation responds with a request for a mitigation of the fine, the
person shall include a written explanation of the circumstances why the fine should be
reduced.
B. By requesting a mitigation of the fine, the person named in the citation agrees to waive the
right to appeal the citation and final determination of the fine.
C. The City manager or designee, after considering the written explanation of the
circumstances, may reduce the fine by not more than 50 percent provided that the person
named in the citation has:
1. Corrected the violation within the 14 days set forth in MMC 1.15.120(C).
2. Contacted the code enforcement officer to verify that the violation has been
corrected.
D. The person named in the citation has the burden of proof to demonstrate the violation has
been corrected.
E. The City manager or designee's decision to mitigate a fine shall be based on an evaluation
of individual circumstances including, but not limited to:
1. Severity of the violation;
2. Repeat violations;
3. The public interest being protected; and
4. The responsiveness to correct, abate, or stop the violation.
F. The decision to mitigate the fine shall be made in writing. A copy of the decision shall be
sent to the person named in the citation and any other party who requests in writing a copy
of the decision.
1.15.140 Contested citation hearing.
A. If a person named in a citation responds with a request for a contested hearing, they shall
specify the reason why the cited violation did not occur, or why the person named in the
citation is not responsible for the violation.
B. The hearing examiner shall hold a hearing within 60 days after the City's receipt of the
response.
C. Notice of the time, place and date of the hearing shall be sent by first class mail at least 10
days prior to the date of the hearing to the address provided in the response.
D. A contested hearing shall be conducted as an open record hearing in accordance with the
rules set forth in MMC 2.78.060 and supplemented by this chapter.
E. Each party to the hearing shall be allowed to:
1. Call, examine and cross-examine witnesses on any matter relevant to the issues of
the hearing, subject to reasonable limitation by the hearing examiner;
2. Offer evidence;
3. Rebut evidence; and
4. Represent themselves or by anyone of their choice who is lawfully permitted to do
so.
F. The City may request dismissal of a request for a contested hearing, and the hearing
examiner is authorized to grant such dismissal if the response to the citation is untimely,
incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional
authority.
G. The certified statement or declaration, authorized by RCW 9A.72.085, submitted by the
code enforcement officer shall be prima facie evidence that the stated violation occurred and
that the person named is responsible. The certified statement or declaration of the code
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enforcement officer authorized under RCW 9A.72.085 and any other evidence
accompanying the report shall be admissible without further evidentiary foundation.
H. The person named in the citation may rebut the City evidence and establish that the cited
violation did not occur or that the person named is not responsible for the violation.
I. The hearing examiner shall consider the evidence and testimony presented at the hearing
and based on this information shall reverse or affirm the citation and/or fine in whole or in
part. The hearing examiner's decision shall be issued within 15 days following the close of
the hearing.
J. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
review must be commenced in King County Superior Court within 21 days in accordance
with RCW 36.70C.040.
K. A copy of the decision shall be sent to the person named in the citation and any party
requesting in writing a copy of the decision.
1.15.200 Notice of Violation.
A. All violations of the Medina Municipal Code set forth in MMC 1.15.030, except as otherwise
provided in MMC 1.15.100, shall be subject to the notice of violation and/or criminal
provisions set forth in this chapter.
B. Whenever a warning notice issued pursuant to MMC 1.15.070, or other efforts, fails to gain
correction of a violation, the code enforcement officer may initiate notice of violation
procedures.
C. The issuance of a notice of violation shall be in writing and may carry monetary penalties
pursuant to MMC 1.15.330(B). Payment of a monetary penalty shall not relieve the person
responsible for the violation from the obligation to correct, abate or stop the violation.
D. The notice of violation represents a determination that the person named in the notice is
responsible for the violation and must correct the violation by the date stated in the notice.
A correction agreement as set forth in MMC 1.15.090 may be incorporated into the notice of
violation at the discretion of the code enforcement officer.
E. Failure to respond to the notice of violation within the time period specified shall result in the
person named in the notice of violation being found to have committed the violation stated in
the notice and are responsible for paying any monetary penalties assessed in the notice.
The code enforcement officer shall note in writing the failure to respond and this shall
constitute a final order pursuant to MMC 1.15.310.
F. The code enforcement officer may at any time add to, rescind in part, or otherwise modify a
notice of violation by issuing a supplemental notice of violation. The supplemental notice of
violation shall be governed by the same procedures applicable to all notice of violations set
forth in this chapter.
G. The code enforcement officer may withdraw a notice of violation if it was issued in error.
H. The notice of violation shall be served by one of the methods prescribed in MMC 1.15.320.
I. Each day a violation continues to exist shall constitute a separate violation. Nothing in this
chapter shall be construed to restrict the City's ability to issue a new notice of violation or
pursue other enforcement actions prescribed by this chapter as long as the violation
continues to exist.
1.15.210 Effective date and content of a notice of violation.
A. A notice of violation shall be effective on the date it is served.
B. A notice of violation shall contain the following:
1. The name and address of the person being cited;
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2. The street address or other description that is sufficient to identify the location of the
violation;
3. A statement of each code section or requirement that was violated;
4. The date the violation was observed and a time and date for compliance;
5. A list of suggested corrective actions to remedy the violation;
6. A statement that the notice of violation shall become a final decision, unless
appealed pursuant to MMC 1.15.220;
7. A statement of the appeal procedures consistent with MMC 1.15.220
8. A statement that failure to file a timely and complete appeal shall constitute a waiver
of the right to appeal the notice of violation;
9. The signature of the code enforcement officer issuing the notice of violation; and
10.Other pertinent information, as determined by the code enforcement officer.
1.15.220 Appeal of a notice of violation.
A. Upon service of a notice of violation, the person named in the notice of violation shall have
14 days to request an appeal hearing before the hearing examiner.
B. The request for an appeal hearing must be in writing and must be accompanied by the
appropriate fee.
C. The content of the appeal must include the following information:
1. A brief statement of the grounds for the appeal;
2. Facts or evidence upon which the appeal is based;
3. A complete copy of the notice of violation; and
4. The mailing address and contact information where notices can be sent.
D. The appeal shall be filed at the address indicated on the notice of violation.
E. If an appeal is filed, during the pendency of the appeal hearing, all activities associated with
the alleged violation cited on the notice of violation shall cease. Any penalty accruing shall
be stayed pending the outcome of the appeal hearing.
1.15.230 Appeal hearing for a notice of violation.
A. The hearing examiner shall hold the appeal hearing within 90 days after the City's receipt of
the request for an appeal hearing.
B. Notice of the time, place and date of the hearing will be sent by first class mail at least 10
days prior to the date of the hearing to the address provided in the appeal.
C. The appeal hearing shall be conducted as an open record hearing in accordance with the
rules for hearings set forth in MMC 2.78.060 and supplemented by this chapter.
D. Each party to the hearing shall be allowed to:
1. Call, examine and cross-examine witnesses on any matter relevant to the issue of
the hearing, subject to reasonable limitations by the hearing examiner.
2. Introduce evidence.
3. Rebut evidence.
4. Represent themselves or anyone of their choice who is lawfully permitted to do so.
E. The City may request dismissal of a request for an appeal hearing, and the hearing
examiner is authorized to grant such dismissal, if the filing of the appeal is untimely,
incomplete, frivolous, or the reasons stated are beyond the hearing examiner's jurisdictional
authority.
F. The City has the burden of proof by a preponderance of the evidence that the person named
in the notice of violation committed the violation.
G. Following review of the submitted evidence, the hearing examiner shall make written
findings and conclusions:
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1. Affirming or modifying the notice of violation if the hearing examiner finds that a
violation occurred and the person named in the notice of violation is responsible for
the violation; or
2. Reversing the notice of violation if the hearing examiner finds that either no violation
occurred, or the person named in the notice of violation did not commit the violation.
H. The hearing examiner's decision is a final order pursuant to MMC 1.15.310. Any judicial
review must be commenced in King County Superior Court within 21 days in accordance
with RCW 36.70C.040.
I. A copy of the hearing examiner's decision shall be provided to all parties involved in the
appeal hearing and any party requesting in writing a copy of the decision.
J. Optional hearing examiner prehearing briefing process:
1. A prehearing briefing process may be conducted:
a. By agreement of the parties to the appeal; or
b. At the hearing examiner's own initiative.
2. The purpose of a prehearing briefing is to facilitate a full and fair hearing on the
merits in cases that may involve complex or confusing factual issues or legal
arguments.
1.15.300 Failure to appear at a contested or appeal hearing.
A. Failure to appear at a hearing to contest a citation or appeal of a notice of violation shall
result in a final order entered finding the person named to have committed the violation and
the penalties assessed. In addition, the hearing examiner may include in the order an
administrative fee for the cost of scheduling the hearing.
B. For good cause shown and upon terms the hearing examiner finds just, the hearing
examiner may set aside an order entered for failure to appear.
1.15.310 Final order for enforcement.
A. A final order constitutes a final determination that a violation has occurred, the person
named is responsible for the violation, and administrative options to contest the decision are
exhausted.
B. If after any order duly issued by the code enforcement officer or hearing examiner becomes
final, and the person, firm or corporation to whom the order is directed does not obey the
order, including refusal to pay monetary penalties assessed under the order, the City may:
1. Cause such person, firm, or corporation to be prosecuted under the provisions of this
chapter;
2. Institute appropriate action to collect monetary penalties in accordance with the
provisions of this chapter;
3. Abate the violation in accordance with provisions of this chapter and state law;
4. Pursue other reasonable remedies as allowed by law.
1.15.320 Method of service.
A. Warning notices, citations and notice of violations shall be served upon the responsible
person to whom it is directed by one or more of the following methods:
1. Personal service, or by leaving a copy at the person's usual abode with a person
over the age of 18 who resides there;
2. Mailing a copy of the notice to such person at his/her last known address; and/or
3. Posting a copy of the notice in a conspicuous place on the affected property or
structure.
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B. Proof of service shall be made by a written declaration under penalty of perjury by the
person serving the notice, declaring the date and time of service and the manner by which
service was made.
C. Service by mail shall be effective on the date of postmark.
D. Failure of any person to actually receive the warning notice, citation, or notice of violation
shall not invalidate any code enforcement action.
1.15.330 Monetary penalties.
A. Monetary penalties for a citation shall be in accordance with Table MMC 1.15.330:
Table MMC 1.15.330
Second
Third &
Code Provision
First Violation
Violation
Subsequent
Violations
Exceeding Noise Standards
$100
$200
$500
Failure to comply with code
of conduct or construction
$100
$400
$750
mitigation plan
Failure to comply with
erosion control measures
$100
$200
$500
and best management
practices
Failure to comply with a
$300
$750
$1,500
stop work order
Failure to obtain a tree
$100
$400
$750
removal permit
B. Monetary penalties for a notice of violation shall be as follows:
1. First day of each violation, $100;
2. Second day of each violation, $200;
3. Third day of each violation, $300;
4. Fourth day of each violation, $400;
5. Each additional day of violation beyond four days, $500 per day.
1.15.340 Collection of monetary penalties
A. When an order becomes final, the City at its option may:
1. Collect the monetary penalties through its own efforts;
2. Assign to a collection agency the collection of any monetary penalties or cost of
abatement that have been assessed under the provisions of this chapter; and/ or
3. Commence a civil action in any court of competent jurisdiction to collect the
monetary penalties and abatement costs assessed under the provisions of this
chapter.
B. The monetary penalties and abatement costs are deemed public debt and the City may
retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently
existing or as subsequently may be amended.
C. The City may convert the hearing examiner's order or final order into a judgment.
1.15.350 Emergency Order.
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A. The code enforcement officer may issue an emergency order whenever the City becomes
aware of a condition or activity that creates an immediate and emergent threat to the public
health, safety or welfare or to the environment.
B. The emergency order shall state the reason for the order and the conditions that must be
remedied.
C. Upon issuance of an emergency order, the cited activity shall cease and any unsafe or
dangerous condition shall be immediately remedied, including by immediate abatement by
the City if the code enforcement officer finds it necessary.
D. The person named in the emergency order may appeal the order within 14 days from the
date of issuance of the order in accordance with the same procedures for appealing a notice
of violation set forth in MMC 1.15.220.
E. An appeal of an emergency order shall not stay the requirement to immediately take action
to remedy any dangerous or unsafe conditions.
1.15.400 Criminal violations.
A In addition to, or as an alternative to the civil violation actions prescribed by this chapter, the
code enforcement officer may refer a violation to the City prosecuting attorney who shall
have the ability to file the violation as a criminal misdemeanor in a court of competent
jurisdiction.
B Any person who willfully or knowingly violates any city code or regulation by way of repeat
violations, or by any act of commission or omission procures, aids or abets such violation, is
guilty of a criminal misdemeanor and upon conviction shall be punishable by a fine not to
exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each day during
which a violation continues to exist shall be considered an additional violation.
1.15.500 Abatement by the City.
A. The City may abate a condition which was caused by, or continues to be, a code violation
when:
1. The terms of a correction agreement prescribed by this chapter have not been met;
or
2. A citation was issued pursuant to this chapter, the period for filing a contested
hearing has expired, and the required correction has not been completed; or
3. A notice of violation was issued pursuant to this chapter, the period for filing an
appeal has expired, and the required correction has not been completed; or
4. The condition is subject to an emergency order and summary abatement as
prescribed by this chapter, or other specific provisions of City or state law.
B. Whenever a violation of a regulation causes a condition, of which the continued existence
constitutes an immediate and emergent threat to the public health, safety or welfare or to the
environment, the City may summarily, and without prior notice, abate the condition.
1. Notice of the summary abatement shall be given after the abatement to the person
responsible for the violation as soon as reasonably possible. The notice . shall
include the reason for the summary abatement.
2. No right of action shall lie against the City or its agents, officers, or employees for
actions reasonably taken to prevent or cure any such immediate threats.
C. Using any lawful means, the City or its agents may enter upon the subject property for
summary abatement, and may remove or correct the condition which is subject to the
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abatement. The City may seek such judicial process as it deems necessary to effect the
removal or correction of such condition.
D. Any person, who knowingly obstructs, impedes or interferes with the City or its agents, or
with the person responsible for the violation, in the performance of duties imposed by this
chapter, shall be guilty of a misdemeanor punishable pursuant to MMC 1.15.400.
E. The costs of the abatement, including incidental expenses, of correcting the violation shall
be billed to the person responsible for the violation and shall become due and payable to the
City within 30 days. All such costs and expenses shall constitute a lien against the affected
property.
F. Restoration costs may include, but are not limited to:
1. Replacement of all improperly removed trees and vegetation with approved species
such that the biological and habitat values will be replaced to the greatest extent
possible.
2. The cost of studies by qualified experts to determine the conditions which were likely
to exist prior to alteration and the most effective means of restoration shall be
included.
3. Costs of restoration shall also include installation of interim and emergency erosion
control measures until such time as the restored site complies with City
requirements.
1.15.510 Entry to buildings and premises — warrants.
A. Whenever it is necessary to make an inspection to determine if a violation has occurred or is
occurring, or to enforce any provision of the Medina Municipal code, or enforce any
corrective actions issued under this chapter, the code enforcement officer may enter any
building or premises at any reasonable time, provided:
1. If the subject building or premises is occupied, the code enforcement officer shall first
present credentials and request entry; or
2. If the subject building or premises is not occupied, the code enforcement officer shall
first make a reasonable effort to locate the owner or other person having charge of
the building or premises and request entry.
3. If such entry is refused or the owner or other person having charge of the building or
premises cannot be located, the code enforcement officer shall have recourse to
every remedy provided by law to secure entry, including recourse to a court of
competent jurisdiction for issuance of a warrant authorizing such entry and
inspection.
4. If the code enforcement officer believes that the conditions create an immediate and
irreparable health or life safety hazard, the code enforcement officer may make
entry.
B. It is unlawful for any owner, occupant or any other person having charge, care or control of
any building, structure, property or portion thereof, after proper demand has been given, to
fail or neglect to permit the code enforcement officer prompt entry.
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1.15.520 Lien authorized.
A. The City shall have a lien for any monetary penalty imposed, the cost of any abatement
work done pursuant to this chapter, together with any costs including personnel costs, both
direct and indirect, and attorney and expert witness fees against the real property on which
the monetary penalty was imposed or any abatement work performed.
B. The lien shall be subordinate to all previously existing special assessment liens imposed on
the same property and shall be superior to all other liens, except for state and county taxes,
with which it shall be on parity.
C. The code enforcement officer shall cause a claim for lien to be filed for record within 90 days
from the date that the monetary penalty is due or the date the work is completed or the vio-
lations abated, whichever is later.
1. The claim of lien shall contain sufficient information regarding the notice of violation,
as determined by the applicable code enforcement officer, description of the property
to be charged with the lien and the owner of record, and the total amount of the lien.
2. Any such claim of lien shall be verified by the code enforcement officer, and may be
amended from time to time to reflect changed conditions.
3. No such liens shall bind the affected property for a period longer than five years,
without foreclosure or extension agreed to by the property owner.
4. The code enforcement officer may record supplemental or modified liens as
necessary.
5. The City may foreclose any lien as if it were a mechanics lien.
1.15.530 Suspension of permits.
A. The City manager or designee may temporarily suspend any permit issued by the City under
any ordinance for failure of the holder or the holder's contractor or agent to comply with the
requirements of an issued permit, an issued notice of violation or citation, or a stop work
order or emergency order.
B. Such permit suspension shall be carried out by the notice of violation provisions of this
chapter, and the suspension shall be effective upon service of the notice of violation on the
holder or holder's contractors or agents. The holder or holder's contractors or agents may
appeal such suspension as provided by this chapter for a notice of violation.
C. Notwithstanding any other provision of this chapter, whenever the City manager or designee
finds that a violation of any City ordinance, or rules and regulations adopted hereunder, has
created, or is creating, an unsanitary, dangerous or other condition which is deemed to
constitute an immediate and irreparable hazard, suspension and termination of operations
under the permit may be required immediately without service of a written notice of violation.
1.15.540 Revocation of permit.
A. The City manager or designee may permanently revoke any permit issued by the City under
any ordinance for any of the following reasons:
1. Failure of the holder or holder's contractors or agents to comply with the requirements of
any issued permit; or
2. Failure of the holder or holder's contractors or agents to comply with any notice of
violation issued pursuant to this chapter; or
3. Interference with the code enforcement officer in the performance of official duties; or
4. Discovery that a permit was issued on the basis of incorrect information supplied to the
City.
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B. Such permit revocation shall be carried out through the notice of violation provisions of this
chapter and the revocation shall be effective upon service of the notice of violation upon the
holder or holder's contractors or agents.
C. A revocation may be appealed as provided for by this chapter for a notice of violation.
D. A permit may be suspended pending its revocation or a hearing relative thereto.
1.15.600 Duty not creating liability.
No provision or term used in this chapter 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 4. Section 8.04.010 of the Medina Municipal Code is hereby amended to read
as follows:
The words and phrases used in this chapter, unless the context otherwise indicates, shall have
the following meanings:
A. "Abate" means to repair, replace, remove, destroy or otherwise remedy the condition in
question by such means and in such a manner and to such an extent as the enforcement
officer, in his judgment, determines is necessary in the interest of the general health, safety
and welfare of the community.
B. "Building materials" means and includes lumber, plumbing materials, wallboard, sheet metal,
plaster, brick, cement, asphalt, concrete, concrete block, roofing material, cans of paint,
construction debris, and similar materials.
C. "Enforcement officer" means the ((
)) City employee designated by the City manager to enforce the provisions set forth in
this chapter.
D. "Premises" means any building, lot parcel, real estate or land or portion of land whether
improved or unimproved, including adjacent sidewalks, parking strips and right-of-way.
E. "Owner" means any person having an ownership interest in the property where the nuisance
occurs listed in the records of the King County Assessor.
F. "Person" means any natural person, Joint venture, partnership, association, corporation, trust
or any other legal person and the managers, officers, employees or agents of such legal
person.
G. "Person in control" of the property where the nuisance occurs means any person in actual or
constructive possession of the property including, but not limited to, an owner, occupant,
agent, or property manager of the property.
G. "Responsible person"' means any person ((
)) in control of 6, eXGept the ,.WReF)) the property where the
nuisance occurs.
Section 5. Section 8.04.050 of the Medina Municipal Code is hereby amended to read
as follows:
8.04.050 Abatement — Notice.
A. An enforcement officer having knowledge of any public nuisance, shall cause any owner or
other responsible person to be notified of the existence of a public nuisance on any
premises and shall direct the owner or other responsible person to abate the condition within
10 days after notice or other reasonable period.
B. If the enforcement officer determines that an emergency exists, the nuisance may be
ordered to be abated within 24 hours.
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C. If the enforcement officer is unable to deliver personal notice to the owner or other
responsible person, notice requirements shall be satisfied by posting a copy of the order on
the premises and mailing a copy to the owner or responsible person at the address of the
premises or at any other address known to the enforcement officer.
D. The notice shall be in substantially the following form:
NOTICE TO ABATE UNSAFE OR
UNLAWFUL CONDITION
As (( )) the person in
control of the property ((b61iIdiRg, 19t I at (Street Address) , you are
hereby notified that the undersigned pursuant to the Medina Municipal Code has
determined that there exists upon or adjoining said ((PFemi6es)) rp operty the following
condition contrary to the provisions of subsection of Section 8.04.020((-)): Fill in
e condition causing the nuisance)
You are hereby notified to abate said condition to the satisfaction of the undersigned
within 10 days of the date of this notice. If you do not abate such condition within 10
days,. the City may abate the condition at your expense.
Abatement is to be accomplished in the following manner:
Appeal: You may appeal this determination to abate unsafe or unlawful conditions to the
Medina hearing examiner pursuant to MMC 8.04.070.
Dated: (Name of Enforcement Officer)
By:
Section 6. Section 8.04.070 of the Medina Municipal Code is hereby amended to read
as follows:
8.04.070 Abatement by city — Appeal.
A. Any owner or responsible person may appeal an order determining a nuisance by filing a
written appeal with the City stating the basis for the appeal. ((, pFete6ting that Re nuisaRGe
.
omeFgene.. eviete , it may enter the R uisanee abater! Within 24 hey F ))
B. Appeals shall be governed by the provisions set forth in MMC 1.15.220 and MMC 1.15.230
for a notice of violation.
C. If the enforcement officer determines an emergency exists; appeals shall be governed by
the provisions set forth in MMC 1.15.030 for an emergency order.
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Section 7. Section 8.04.100 of the Medina Municipal Code is hereby amended to read
as follows:
8.04.100 Abatement by city — Lien.
A. The ((Gity Clerk)) enforcement officer shall forward to the owner and responsible person, by
registered or certified mail, a notice setting forth the total costs of abatement.
B. If the abatement costs are not paid within 30 days from the date of the notice, the cost of
abatement shall constitute a lien on the property from which the nuisance was removed.
C. Such lien may be enforced in the same manner as a mortgage and shall bear interest at the
legal rate of interest from the date of notice of the lien.
Section 8. Section 8.04.110 of the Medina Municipal Code is hereby amended to read
as follows:
8.04.110 Violation — Penalty.
Any person violating or failing to comply with any provision of this chapter shall be subject to the
provisions and penalties set forth in chapter 1.15 MMC. ((
shall be punis,"-d)) The abatement of nuisance is not a penalty for violating this
chapter, but an additional remedy. The imposition of a penalty does not relieve a person of the
duty to abate the nuisance.
Section 9. Section 8.06.010 of the Medina Municipal Code is hereby amended to read
as follows:
8.06.010 Portions of King County Code adopted by reference.
A. Noise Control Provisions Adopted. The provisions of King County Code Chapters 12.86
through 12.100 governing excessive noise and noise control are hereby adopted by
reference. All future amendments, alterations and additions to said Chapters 12.86 through
12.100 of the King County Code are also adopted by reference. At least one copy of
Chapters 12.86 through 12.100 of the King County Code is on file with the city clerk.
B. Amendments. The following amendments are adopted:
1. Section 12.87.030 is amended to state that "administrator" means the city manager or his
designated representative.
2. Section 12.87.070(B) is amended to read as follows:
"Residential district" includes areas designated in the Medina Municipal Code as R-16,
R-20, R-30 and SR-30.
3. Section 12.87.070(C) is amended to read as follows:
"Commercial district" includes zones designated in the Medina Municipal Code as NA.
4. Section 12.96.010(D) is amended to read as follows:
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No variance shall be granted pursuant to this section until the administrator or Hearing
Examiner has considered the relative interests of the applicant, other owners or
possessors of property likely to be affected by the noise, and the general public. A
technical or economic variance may be granted only after a public hearing on due notice.
The administrator or Hearing Examiner may grant a variance, if he finds that:
1. The noise occurring or proposed to occur does not endanger public health or safety;
and
2. The applicant demonstrates the criteria required for temporary, technical or
economic variance under Section 12.96.020.
5. Section 12.96.020(B) is amended to read as follows:
Technical variance. A technical variance may be granted by the Hearing Examiner on
the grounds that there is no practical means known or available for the adequate
prevention, abatement or control of the noise involved. Any technical variance shall be
subject to the holder's taking of any alternative measures that the Hearing Examiner
may prescribe. The duration of each technical variance shall be until such practical
means for prevention, abatement or control become known or available. The holder of a
technical variance as required by the hearing Examiner, shall make reports to the
administrator detailing actions taken to develop a means of noise control or to reduce
the noise involved and must relate these actions to pertinent current technology.
6. Section 12.96.020(C) is amended to read as follows:
Economic variance. An economic variance may be granted by the Hearing Examiner on
the ground that compliance with the particular requirement or requirements from which
the variance is sought will require the taking of measures that, because of their extent or
cost, must be spread over a period of time. The duration of an economic variance shall
be for a period not to exceed such reasonable time as is required in the view of the
hearing Examiner for the taking of the necessary measures. An economic variance shall
contain a timetable for the taking of action in an expeditious manner and shall be
conditioned on adherence to the timetable.
7. Section 12.99.010 is amended to read as follows:
Enforcement. Violation of the provisions of Chapter 12.86 through 12.100 shall be
subject to the enforcement provisions and penalties set forth in chapter 1.15 MMC
((
)). In addition to ((seeking))
impositions of the fines provided herein for any violation, such violations may be
enjoined or abated as a nuisance under the provisions of Medina Municipal Code
Chapter 8.04.
8. Section 12.99.020 is amended to read as follows:
Appeals. Any person aggrieved by a final order of the administrator, may appeal to the
Medina Hearing Examiner pursuant to MMC 2.78.070 of the Medina Municipal Code.
Appeal of a final order ((by)) of the Hearing Examiner shall be pursuant to MMC
2.78.100.
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Section 10. Section 12.28.280 of the Medina Municipal Code is hereby amended to
read as follows:
12.28.280 Violation - Penalty.
Violation of any provision of this chapter shall be subject to the enforcement provisions and
penalties set forth in chapter 1.15 MMC ((
))
Section 11. Section 12.32.080 of the Medina Municipal Code is hereby amended to
read as follows:
12.32.080 Violation - Penalty.
Violation of any provision of this chapter shall be subiect to the enforcement provisions and
penalties set forth in chapter 1.15 MMC ((
))
Section 12. Section 14.12.080 of the Medina Municipal Code is hereby amended to
read as follows:
Violation of any provision of this chapter shall be subject to the enforcement provisions and
penalties set forth in chapter 1.15 MMC.
. ,
WMrA Alm.
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._
....
21 of 25
'-
Section 13. Section 15.20.090 of the Medina Municipal Code is hereby amended to
read as follows:
15.20.090 Violations and penalties.
Violation of any provision of this chapter shall be subject to the enforcement provisions and
penalties set forth in chapter 1.15 MMC.
„_
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ININ
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22 of 25
Section 14. Section 17.04.060 of the Medina Municipal Code is hereby amended to
read as follows:
17.04.060 Violation — Penalty.
Any violation of title 17 MMC shall be subject to the enforcement provisions and penalties set
forth in chapter 1.15 MMC ((
))•
Section 15. Section 17.80.130 of the Medina Municipal Code is hereby deleted.
Section 16. Section 17.90.180 of the Medina Municipal Code is hereby deleted.
Section 17. Section 17.92.010 of the Medina Municipal Code is hereby deleted.
.... . .
..
AILZA
Section 18. Section 18.12.230 of the Medina Municipal Code is hereby amended to
read as follows:
18.12.230 Unauthorized alterations, enforcement and penalties.
The provisions set forth in this section shall apply to all violations of this chapter. Penalty and
enforcement provided herein shall not be deemed exclusive, and the city may pursue any
appropriate remedy or relief.
A. Enforcement and Penalties. (( ,
23 of 25
))
Violation of any provision of this chapter shall be subject to the enforcement provisions and
penalties set forth in chapter 1.15 MMC.
B. Damages. Any person, firm, corporation or association or agent thereof who violates any of
the provisions of this chapter shall be liable for all damages to public or private property
arising from such violation, including the cost of restoring the affected area to an equivalent
or improved condition prior to the violation.
C. Restoration. All development work shall remain stopped until a restoration plan is prepared
and approved by the city of Medina, unless, in the opinion of the city manager or designee,
stopping work will result in a greater critical area impact or hazard. In such an instance, the
city manager or designee may require additional, temporary work to reduce the critical area
impact or hazard until a restoration plan can be approved. The restoration plan shall be
prepared in accordance with MMC 18.12.180. Restoration shall include, but not be limited
to, removal of any unauthorized fill and replacement of unauthorized cleared vegetation with
native species similar to those which were removed or other approved species such that the
hydrological, biological and habitat functions and values are restored. Studies by a qualified
expert shall be conducted to determine the conditions which were likely to exist prior to the
illegal alteration. Restoration shall also include installation and maintenance of interim and
emergency erosion control measures until such time as the restored site complies with city
requirements.
D. Stop Work Orders. When a critical area or its buffer has been altered in violation of this title,
all ongoing development work shall stop and the critical area shall be restored at the
owner's or other responsible party's expense. The city shall stop work on any existing
permits and halt the issuance of any or all future permits or approvals for any activity which
violates the provisions of this chapter until the violation is resolved and all penalties are paid
in full.
Section 19. A new section 18.04.030 of the Medina Municipal Code is hereby adopted
to read as follows:
18.04.030 Violations and penalties.
Violation of any provision of this chapter shall be subject to the enforcement provisions and
penalties in chapter 1.15 MMC and Washington Administrative Code 173-27-240 through 173-
27-310.
Section 20. Severability. If any section, sentence, clause, or phrase of this ordinance
should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity
or unconstitutionality shall not affect the validity of any other section, sentence, clause, or phrase
of this ordinance.
Section 21. Effective Date. This ordinance shall take effect five (5) days after its
publication or the publication of a summary of its intent and contents.
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PASSED BY THE CITY COUNCIL ON THIS 8 DAY OF MARCH, 2010 AND SIGNED IN
AUTHENTICATION OF ITS PASSAGE ON THE 8 DAY OF MARCH, 2010.
r;
Approved as to form:
Steve Victor�,-CityAttorney
Passed: 03/08/2010
Published: 03/15/2010
Eff Date: 03/20/2010
Bret Jbid n, Mayor
Attu
Rjchel Baker, City Clerk
25 of 25
STATE OF WASHINGTON
DEPARTMENT OF C'OMAURC"E
128 - 10 Avenue SW • PCB Box 42525 v 01yinrV Wa!ghhtyron 98504-2525 , (360) 725-4W
March 17, 2010
Robert Grumbach
Director of Development Services
City of Medina
501 Evergreen Point Road
Medina, Washington 98039
Dear Mr. Grumbach:
Thank you for sending the Washington State Department of Commerce (Commerce) the following materials as
required under RCW 36.70A.106. Please keep this letter as documentation that you have met this procedural
requirement.
City of Medina - Adopted revised code enforcement procedures to add citation authority for certain
violations and to consolidate and clarify enforcement procedures and penalties. These materials were
received on March 16, 2010 and processed with the Material ID # 15506.
We have forwarded a copy of this notice to other state agencies.
If this submitted material is an adopted amendment, then please keep this letter as documentation that you
have met the procedural requirement under RCW 36.70A.106.
If you have submitted this material as a draft amendment, then final adoption may occur no earlier than sixty
days following the date of receipt by Commerce. Please remember to submit the final adopted amendment
to Commerce within ten days of adoption.
If you have any questions, please call me at 360.725.3063.
Sincerely,
Sam Wentz
GIS Coordinator
Growth Management Services