A. Purpose; Application: The purpose of this chapter is to establish an efficient and consistent civil administrative system of enforcing city regulations, violations of the development code, and violations of the public health and safety code (title 5 of this code) that will enable violations to be promptly resolved wherever possible, while providing both appropriate penalties and a full opportunity for alleged violators to have a hearing to contest the violations. The procedures and remedies provided herein shall apply to all violations of the development code, the public health and safety code (title 5 of this code) and city regulations and to any title, chapter, section or provision of the code to which zoning enforcement provisions of this code are made applicable.
B. Liability; Duty: While this chapter does authorize the city of Orting and city officials, officers, employees or agents to take action to enforce city ordinances and regulations, it shall not be construed as placing responsibility for code compliance or as creating any duty on the part of the city or any city official, officer, employee or agent to any particular case, or as creating any duty on the part of the city or any city official, officer, employee or agent to any particular person or class of persons. This chapter shall be enforced for the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the city, its officials, officers, employees or agents, for any injury or damage resulting from any act or omission on the part of the city, its officials, officers, employees or agents.
C. Intent: It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and/or structures or responsible for actions regulated pursuant to this chapter.
D. Authorization: Code enforcement officers are authorized to use the provisions and procedures of this chapter to take action to enforce those regulations and provisions of this code, and uncodified provisions of a city ordinance, over which such enforcement officer has been granted enforcement authority, including issuance of correction notices, voluntary correction agreements, civil regulatory orders, notices of violation and notices of infraction, to enforce compliance therewith.
E. Statement Of Policy: It is the policy of the city of Orting to emphasize code compliance by education and prevention as a first step. This policy is designed to ensure code compliance and timely action that is available to all persons and uniform in its implementation. While warnings through a notice of correction and voluntary compliance are desirable as a first step, enforcement and monetary penalties should be used for remedial purposes as needed to assure and effect code compliance. Abatement, correction, remediation or mitigation should be pursued when appropriate and feasible, but is not a precondition to issuance of a notice of civil violation or notice of infraction or taking action to seek imposition of criminal penalties. Uniform and efficient procedures, with consistent application tailored by regulation, should be used to accomplish this policy.
F. Joint And Several Responsibility And Liability: Responsibility for violations subject to enforcement under this chapter is joint and several, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for compliance.
G. Presumption: Proof that a violation of a regulation, the development code or the health and safety code (title 5 of this code) exists on privately owned (nongovernmental) property shall constitute prima facie evidence that the owner of the property is a person responsible for compliance. However, this shall not relieve or prevent enforcement against any other person who may also be responsible for compliance. Proof that a violation of a regulation occurred on property subject to a project permit shall constitute prima facie evidence that the applicant for the project permit is a person responsible for compliance. However, this shall not relieve or prevent enforcement against any other person who may also be a person responsible for compliance.
H. Prohibited Acts Include Causing And Permitting: Whenever in this code or the noncodified ordinances of the city, or any rule or regulation issued pursuant thereto, any act or omission constitutes a civil violation, such act or omission includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission.
I. Separate Offense: Every act or omission which constitutes a civil violation under this code or the noncodified ordinances of the city, or any rule or regulation issued pursuant thereto, shall constitute a separate civil violation for each and every day during any portion of which the act or omission constituting the violation is committed, continued or permitted.
J. Nonexclusive: The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by this code, state or federal law, including, but not limited to, civil infraction proceedings and penalties, criminal proceedings or sanctions, nuisance and injunction actions, unfit dwelling proceedings, or other civil or equitable actions to abate, discontinue, correct, or discourage unlawful acts in violation of this chapter. The choice of enforcement action to be taken and the severity of any penalty to be imposed shall be guided by the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the person or persons subject to the enforcement action.
K. Conflicts: Except as provided in section 1-13-2, "Definitions", of this chapter, in the event of a conflict between this chapter and any other provision of this code or other city ordinance providing for a civil violation or civil infraction, this chapter shall control to the extent of the conflict. In the event of a conflict between this chapter and any mandatory provision of state or federal law, the provision of the state or federal law shall control to the extent of the conflict. (Ord. 912, 9-14-2011)