As used in this chapter, chapter 4 of this title, and the "development code" (as defined herein) the following words, terms, and phrases shall have the meanings ascribed to them in this section, unless a different meaning is given in another provision of this code or is otherwise plainly required:
ABATE OR CORRECT OR REMEDY (Or Any Derivation Thereof): To act to stop an activity, and/or to repair, replace, remove, restore, rehabilitate or otherwise remedy a condition, where such activity or condition constitutes a violation; provided that, the actions taken must not endanger the general health, safety, and welfare of the community and must resolve the violation by bringing the activity or condition into compliance with the regulations, provision of this code or uncodified provision of a city ordinance, which was alleged to have been violated.
ACT: Doing or performing something.
CHAPTER: Title 1, chapter 13, "Code Enforcement", of this code unless a different meaning is plainly required or specified.
CITY: City of Orting, Washington.
CIVIL INFRACTION: The meaning given that term pursuant to chapter 4 of this title.
CIVIL REGULATORY ORDER: An order issued by a code enforcement officer or other city official under authority of a regulation, the development code or the health and safety code (title 5 of this code), directing a person or persons responsible for compliance to take or to cease certain action identified in the order. Civil regulatory orders include, by way of example only and not limitation, an order to take corrective action, an order to abate, a stop work order, a stop use order, and an order to vacate, repair or demolish a noncompliant structure.
CORPORATION: Any firm, business, association, partnership, limited liability company, corporation or other legal entity, public or private, however organized.
CORRECTION NOTICE: A written statement, issued by a code enforcement officer, notifying the person or persons responsible for compliance that a violation has occurred or may occur, informing such person or persons of the legal and factual basis for the determination that a violation has occurred or may occur, and informing such person or persons that the violations must be abated or mitigated or that certain action must be taken to prevent a violation from occurring. A correction notice is intended to be a warning and is not the equivalent of a civil regulatory order.
COSTS OF ABATEMENT OR COSTS OF REMEDIATION OR COSTS OF MITIGATION: The costs of any abatement, remediation or mitigation action taken by the city to abate, remediate or mitigate the violation using lawful means in the event that the person responsible for compliance fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorney fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforcement.
COSTS OR COSTS OF ENFORCEMENT: Costs incurred related to enforcement under this chapter, including, but not limited to, costs of service of notice, costs of the hearing, administrative costs established by resolution for enforcement of garbage and refuse and nuisance vegetation violations, as well as other administrative costs.
DATE OF ISSUE: The date of service as determined in accordance with section 1-13-3 of this chapter.
DAY OR DAYS: As used in this chapter, shall mean calendar days unless expressly stated otherwise in a given section or subsection. Any portion of a twenty four (24) hour day shall constitute a full calendar day.
DEVELOPMENT: The erection, alteration, enlargement, demolition, maintenance, or use of any structure or the alteration or use of land above, at, or below ground or water level, and all acts authorized by a city permit, approval, provision of the development code, or other regulation.
DEVELOPMENT CODE: Means and includes any of the following titles of this code and city of Orting ordinances, as now enacted or hereafter enacted, amended, reenacted or recodified:
A. Title 8, chapters 1, "Streets, Sidewalks And Public Ways", 2, "Sidewalk Construction", 3, "Curb And Street Construction", 4, "Parking Strips", and 5, "Excavations", of this code;
B. Title 9, chapter 5, "Stormwater Regulations", of this code;
C. Title 10, "Building And Construction", of this code;
D. Title 11, "Critical Areas And Shoreline Management", of this code;
E. Title 12, "Subdivision Regulations", of this code;
F. Title 13, "Development Regulations", of this code;
G. Title 14, "Flood Control", of this code;
H. Title 15, "Development Code Administration", of this code; and
I. Title 11, chapter 6, "Shoreline Master Program", of this code.
EMERGENCY: A situation that requires immediate action to prevent or eliminate an imminent threat to the health or safety of persons or property.
ENFORCEMENT OFFICER OR CODE ENFORCEMENT OFFICER: A person authorized to enforce the provisions of this code in which a civil violation or civil infraction is established. For purposes of this chapter, Revised Code Of Washington 7.80, and the infraction rules for courts of limited jurisdiction, the following public officials are designated as enforcement officers as set forth below:
A. Law Enforcement Officers: Unless otherwise provided in this code, the Orting chief of police, and all duly appointed city of Orting police officers, shall be and are designated as enforcement officers with authority to enforce all regulations and all provisions of this code, or any noncodified ordinances of the city, a violation of which constitutes a civil violation, civil infraction, misdemeanor or gross misdemeanor.
B. City Administrator: Unless otherwise provided in this code, the city administrator shall be and is designated as an enforcement officer with authority to enforce all regulations and all provisions of the development codes, titles 3, "Revenue And Finances", and 4, "Business And License Regulations", of this code, a violation of which constitutes a civil violation or civil infraction. The city administrator is further authorized to designate any city employee or contractor as an enforcement officer with authority to enforce those regulations and/or provisions of a regulation, the development code, or the health and safety code (title 5 of this code) which are specifically set forth in such designation and a violation of which constitutes a civil violation or civil infraction.
C. Code Enforcement Officer: Unless otherwise provided in this code, any person or persons designated herein or by the city administrator as a code enforcement officer shall be and is designated and specially commissioned as an enforcement officer with authority to enforce all regulations, title 6, chapter 3, "Animal Control", title 5, "Public Health And Safety", of this code and all provisions of the development code; but shall have no arrest authority. Any code enforcement officer who has successfully completed a course of basic training prescribed or approved for specially commissioned peace officers pursuant to Revised Code Of Washington 10.93.090 and any such other requirements established by the chief of police, may be specially commissioned by the chief of police with authority to arrest a person without a warrant for committing a misdemeanor or gross misdemeanor in violation of title 6, chapter 3, "Animal Control", title 5, "Public Health And Safety" of this code, the development code, or Revised Code Of Washington 9A.76.020 (obstruction of a police officer); provided that, such offense is committed in the presence of the code enforcement officer.
The authority conferred upon code enforcement officers herein shall not vest any such code enforcement officer with any police civil service or police pension rights.
D. Fire Chief: Unless otherwise provided in this code, the fire chief of fire district number 18 or its successor, and all duly appointed officers of said fire district or its successor, are designated as enforcement officers with authority to enforce all provisions of the city of Orting fire code and the applicable provisions of the international fire code.
HEARING EXAMINER: The Orting hearing examiner, and the office thereof established pursuant to chapter 12 of this title to hear appeals of civil violations.
MITIGATE: To take measures, subject to city approval, to minimize the harmful effects of the violation where abatement is either impossible or unreasonably burdensome.
NOTICE OF INFRACTION OR NOTICE OF CIVIL INFRACTION: A written statement, issued pursuant to chapter 7.80 Revised Code Of Washington and the infraction rules for courts of limited jurisdiction (IRLJ), for a violation of this code, or any uncodified ordinance of the city, that constitutes a civil infraction.
NOTICE OF VIOLATION OR NOTICE OF CIVIL VIOLATION: A written statement, issued by a code enforcement officer, which contains the information required under subsection 1-13-6B of this chapter, and which notifies a person that he or she is responsible for one or more civil violations of this code.
OMISSION: A failure to act.
ORTING MUNICIPAL CODE OR CODE: The codified ordinances of the city of Orting as may now or hereinafter be amended.
PERSON: Any individual or corporation. Because "person" shall include both human and nonhuman entities, any of the following pronouns may be used to describe a person: he, she, or it.
PERSON RESPONSIBLE FOR THE VIOLATION: Any of the following: a person who has titled ownership or legal control of the building, premises, structure or land that is subject to the regulation, provision of this code or uncodified provision of a city ordinance, alleged to have been violated; an occupant or other person in control of the building, premises, structure or land that is subject to the regulation, provision of this code, or uncodified provision of a city ordinance, alleged to have been violated; a developer, builder, business operator, or owner who is developing, building, or operating a business on the building, premises, structure or land that is subject to the regulation, provision of this code or uncodified provision of a city ordinance, alleged to have been violated; any person who created, caused, or has allowed the violation to occur; or any person causing, allowing, or knowingly participating in the violation.
PROJECT PERMIT OR PROJECT PERMIT APPLICATION: Any land use or environmental permit or license required from the city for a project action including, but not limited to, building permits, street cut permits, clearing and grading permits, street excavation permits, sign permits, subdivisions, short plats, binding site plans, planned unit developments, development permits, conditional uses, shoreline substantial development permits, site plan review, permits or approvals required by critical area ordinances or flood control ordinances, site specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this definition.
REGULATION: Means and includes any of the following, as now enacted or hereafter amended:
A. All standards, regulations, rules, requirements and procedures adopted by the city pursuant to the applicable provisions set forth in this code or state law; and
B. Any title, chapter, section, subsection or other provision of this code making reference to or prescribing penalties under this chapter; and
C. The terms and conditions of any project permit or approval issued or granted by the city pursuant to or under authority of the development code; and
D. The terms and conditions of any concomitant or development agreement with the city which has been issued, granted or authorized by the city, pursuant to provisions of this code or a noncodified ordinance of the city and which makes reference to enforcement under this chapter.
REMEDIATE: To restore to a condition that complies with the development code or, for sites that have been degraded upon prior ownerships, to restore to a condition that does not pose a probable threat to the environment or to the public health, safety or welfare.
REPEAT VIOLATION: As evidenced by the prior issuance of a correction notice, civil regulatory order, a notice of violation or a notice of civil infraction, that a violation has occurred on the same property, premises or structure within a two (2) year period, or a person responsible for a violation has committed a violation elsewhere within the city of Orting within a two (2) year period. To constitute a repeat violation, the violation need not be the same type of violation as the prior violation.
VIOLATION: An act or omission contrary to a provision of a regulation, the development code, a provision of the public health and safety code (title 5 of this code), or a provision of any title, chapter, section or subsection, a violation of which is made subject to enforcement under the provisions of this chapter. A violation continues to exist until abated.
WILFUL OR WILFULLY: To act with the objective or purpose to accomplish a result which constitutes a violation or offense. (Ord. 912, 9-14-2011)