Ord 99-342
ORDINANCE NO. 99-342
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, CREATING A NEW
CHAPTER 1.14, CIVIL VIOLATIONS OF THE CITY CODE,
RELATING TO ENFORCEMENT OF CERTAIN CITY
CODES AND PROVIDING FOR CIVIL PENALTIES FOR
VIOLATION THEREOF. ,/
WHEREAS, the Federal Way City Council is authorized pursuant to RCW
35A.II.O20 to adopt and enforce ordinances of all kinds relating to and regulating its local and
municipal affairs and appropriate to the good government of the City; and
WHEREAS, the Federal Way City Council is authorized pursuant to RCW
35A.11.020 to proyide that yiolation of such ordinances constitutes a civil violation subject to
monetary penalty; and
WHEREAS, RCW 7.80.010(5) also authorizes the City Council to establish by
ordinance the City's own system of hearing and detennining civil violations; and
WHEREAS, the Federal Way City Code ("FWCC" or "the Code") currently contains
twenty-two different chapters, many of which contain their own enforcement provisions; and
WHEREAS, many of the enforcement provisions differ from one another in the
procedures utilized and the penalties for violations; and
WHEREAS, the differences among the Code's enforcement provisions may cause
confusion or lead to unfaìrness in their application; and
ORD # 99-342, PAGE I
WHEREAS, the City Council desires to establish a unifonn system for identifying
and punishing the majority of violations of the FWCC, or proyiding for correction of said yiolations;
and
WHEREAS, adoption of such a unifonn system of enforcement is in the interest of
the health, safety, and welfare of the general public;
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NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
Section 1. Findings. After full and careful consideration, the City Council of the
City of Federal Way makes the following findings with respect to the establishment of a unifonn
system for identifying, punishing, and/or correcting violations of the Federal Way City Code
("FWCC"):
I. The Federal Way City Council has previously adopted standards for ciyil and criminal
enforcement of various portions of the FWCC; and
2. These sections treat similar actiyities differently; and
3. The Federal Way City Council desires to establish consistency between these sections of -
the FWCC; and
4. Such consistency would benefit and not be detrimental to the public health, safety and
welfare; and
5. The Planning Commission, following notice thereof as required by RCW 35A.63.070,
held public hearings on proposed amendments to the Zoning Code, Chapter 22 of the FWCC as well
ORD # 99-342, PAGE 2
as to other chapters of the FWCC, and has considered the testimony, written comments, and material
from the public received through said hearings.
Section 2. Conclusions. Pursuant to FWCC Section 22-216 and based upon the
Findings set forth in Section 1, the Federal Way City Council makes the following Conclusions of
Law with respect to the decisional criteria for the adoption/of amendments to the Zoning Code:
I. The proposed amendments to Chapter 22 of the FWCC are consistent with the following
goals and policies contained in the Natural Environment, Housing, and Land Use chapters of the
Federal Way Comprehensive Plan:
NEG 14 - Deyelop programs and/or regulations to address noise pollution in all areas of the
City.
HP5 - Maintain a strong code enforcement program to protect residential areas from illegal
land use activities; and
LUPI - Develop residential design perfonnance standards to maintain neighborhood
character and ensure compatibility with surrounding areas.
2. The proposed amendments bear a substantial relationship to the public health, safety and
welfare because they implement policies of the Comprehensiye Plan and implement policies -
protecting the character of the City's neighborhoods.
Section 3. Amendment.
Chapter I of the Federal Way City Code is hereby
amended as follows:
A. The table of contents of Chapter 1 is amended as follows:
ORD # 99-342, PAGE 3
Sec. I-I.
Sec. 1-2.
Sec. 1-3.
Sec. 1-4.
Sec. 1-5.
Sec. 1-6.
Sec. 1-7.
Sec. 1-8.
Sec. 1-9.
Sec. 1-10.
Sec. 1-11.
Sec. 1-12.
Sec. 1-13.
Sec. 1-14.
Sec. 1-15.
Sec. 1-16.
Sec. 1-17.
Chapter I
GENERAL PROVISIONS
Article 1. Code Construction
How Code designated and cited.
Definitions and rules of construction.
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Catchlines of sections.
References to chapters or sections.
History notes.
References and editor's notes.
Code does not affect prior offenses, rights, etc.
Effect of repeals.
Certain ordinances not affected by Code.
Effect of amendments to Code.
Supplementation of Code.
Severability of parts of Code.
Article II. Criminal Enforcement of Code.
General penalty.
Article III. Civil Enforcement of Code.
PUIlJose.
Definitions.
Notice of Violation and Order to Correct.
Voluntary Correction Agreement
ORD # 99-342, PAGE 4
Sec. 1-18. ADDeal to Hearinl!s Examiner.
Sec. 1-19. Collection of Monetarv Penalty.
Sec. 1-20. Additional Enforcement Procedures.
Sec. 1-21. Conflicts.
Sec. 1-22. Meaninl! of Terms. ,/
B. Section 1-13 of the Federal Way City Code is amended as follows:
(a) Unless otherwise provided, an person violating any of the provisions or failing to comply
with any of the mandatory requirements of this Code or any ordinance of the city, or any rule or
regulation adopted by the city council pursuant to thereto, shall be guilty of a misdemeanor. Except
in cases where a different punishment is prescribed by this Code or any ordinance of the city, any
person conyicted of a misdemeanor under this Code or the ordinances of the city shall be punished
by a fine not exceed $1,000.00 or imprisonment for a period of not more than 90 days or by both
such fine and imprisonment.
(b) This section shall not preclude and shall be deemed to be in addition to administrative
and ciyil remedies as may be set forth in this Code or ordinances of the city. includinl! but not
limited to Sections 1-14 - 1-23 below.
(c) Each and eyery day during any portion of which a violation of any of the provisions of
this Code or the ordinances of the city is committed and continues shall be deemed to be a separate
offense.
C.
New sections of the Federal Way City Code are adopted as follows:
Sec. 1-14. Purpose.
The Durpose of this article is to establish an efficient. civil administrative svstem to enforce
the development rel!ulations of the city. to Droyide an opportunity for an aDoeal of determinations
of yiolations and DromDt hearinl!s and decisions on anv such appeals. to establish monetary penalties
for yiolations. and to Drovide for the collection of said Denalties.
It is the exPress and soecific DUfDOse and intent of this ordinance to Drovide for and Dromote
the health. safety and welfare of the I!eneral Dublic and not to create or otherwise establish or
desil!nate anv Darticular class or I!roUD of oersons who will or should be especiallv Drotected or
benefitted bv the terms of this ordinance. '
ORD # 99-342, PAGE 5
It is also the express and SDecific ow:pose and intent of this ordinance that no movision nor
any term used in this ordinance is intended to impose any duty whatsoever uPon the City or any of
its officers or employees.
Nothing contained in this ordinance is intended nor shall be construed to create or fonn the
basis of any liabilitv on the Dart of the Citv. its officers. employees or a!!ents. for any injury or
dama!!e resultin!! from any action or inaction on the Dart of the Citv. its officers. employees or
a!!ents.
Sec. 1-15. Definitions.
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In this chanter. tmless a different meanin!! is plainly required:
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"Act" means doin!! or oerfonnin!! somethin!!.
(!ù "Civil violation" means a yiolation of a provision of a city deyelooment re!!ulation
for which a monetary penalty may be imoosed under this chanter. Each day or portion of a day
durin!! which a yiolation occurs or exists is a separate violation. Traffic infractions pursuant to Title
11 of this Code are specifically excluded from the application of this chanter.
í£} "Develovment"means the erection. alteration. enlargement demolition. maintenance
or use of any structure or the alteration or use of any land above. at or below !!round or water level.
and all acts authorized bv a city development re!!ulation.
@ "Development reflUlation" means and includes the followin!!. as of or after the
effective date of the ordinance codified in this chanter:
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FWCC. Chanter 5. Buildings and Building Re!!ulations:
FWCC. Chanter 8. Fire Preyention and Protection Code:
FWCC. Chanter 10. Nuisances Code:
FWCC. Chanter 11. Parks and Recreation Code:
FWCC Chanter 12. Solid Waste Code:
FWCC. Chanter 13. Streets. Sidewalks and Certain Other Places Code'
FWCC. Chanter 16. Utilities Code'
FWCC. Chanter 20. Subdivision Code
FWCC. Chanter 22. Zonin!! Code:
All standards. re!!ulations and procedures adopted pursuant to the above; and
The terms and conditions of any oennit or approval issued pursuant to the aboye.
~ "Emere:encv" means a situation which in the opinion of the applicable department
director requires immediate action to prevent or eliminate an immediate threat to the health or safety
of persons. mODem. or the environment.
ORD # 99-342, PAGE 6
ill "Enforcement official" means the City Building Official. City Code Enforcement
Officers. and all other citv officials designated by ordinance or by the City Manager for Durooses of
enforcing the proyisions of this or other chapters and codes designated therein.
(g)
thereof.
"Hearinf!s Examiner" means the Federal Way Hearings Examiner and the office
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"Omission" means a failure to act.
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ill "Person" includes any natural person. any corooration or any unincoroorated
association or partnership.
ill "Violation" means an act or omission contrary to a city development regulation
including an act or omission at the same or different locations bv the same person.
Sec. 1-16. Order to Cease Activitv.
(a) Issuance. Whenever the enforcement officer detennines that any actiyity is bein~
conducted or anv development is occurring that does not confonn to the applicable movisions of this
Code. or that ciyil violation otherwise exists. he or she may issue an order to cease actiyity directing
any Derson causing. allowing and/or DarticiDating in the offending conduct to cease such conduct
immediately.
(b) Postinf! and Service of Order. The enforcement official shall serve the order uPon the
Derson to whom it is directed. either by: (i) delivering it Dersonally: or (ii) by mailing a CODY of the
order to cease activity bv certified maiL Dostage meDaid. return receipt reQuested. to such Derson at
his/her last known address and by posting a CODV of the order to cease activity conspicuously on the
affected Drooerty or structure. or as near to the affected DroDerty or structure as feasible. Proof of
service shall be made at the time of service bv a written declaration under oenalty of Deriury
executed bv the person effecting the service. declaring the time and date of service and the manner
by which service was made. Anv failure of the Derson to whom the order to cease activity is directed -
to observe the Dosted order or to actual Iv receive the mailed order shall not invalidate service made
in compliance with this section. nor shall it inyalidate the order to cease activity.
(c) ARpeal of Order to Cease Activitv. An Order to Cease Activitv may be appealed under
the procedures set forth in section 1-19. During any such appeal. the order to cease actiyitv shall
remain in effect.
(d) Effect of Order to Cease Activity. When an order to cease activity has been issued. Dosted
and/or served Dursuant to this section. it is unlawful for anv Derson to whom the order is directed or
any person with actual or constructiye knowledge of the order to conduct the activity or Derfonn the
work covered by the order. even if the order to cease activity has been appealed. until the
enforcement officer has removed the CODV of the order. if Dosted. and issued written authorization
ORD # 99-342, PAGE 7
for the activitv or work to be resumed. Violation of an order to cease activity constitutes a
misdemeanor Dunishable bv a fine of UP to five thousand dollars ($5.000.00). or imDrisonrnent for
up to six (6) months. or both. In addition to such criminal penalties. the City may enforce the order
to cease activitv in accordance with Section 1-21 below and/or enforce it in superior court.
Sec. 1-17. Notice of Violation and Order to Correct.
Í!Ù Issuance. Whenever the enforcement official determines that a civil violation has
occurred or is occurring. helshe mav issue notice of violation and an order to correct ("notice and
order") to the property owner or to anv person causing. allowing and/oroarticipating in the violation.
The notice and order issued Dursuant to this section reoresents a determination that a yiolation of the
Federal Wav Citv Code has been committed. This determination is final and conclusive unless
appealed as provided herein.
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Content. The enforcement official shall include the following in the notice and order:
The name and address of the property owner and/or other person to whom the notice
and order is directed: and
The street address or description sufficient for identification of the building.
structure. premises. or land upon or within which the violation has occurred or is
occurring: and
A description of the violation and a reference to that provision of a city develoDment
regulation which has been yiolated: and
A statement of the action reQuired to be taken to correct the violation as determined
bv the enforcement official and a date or time bv which correction is to be
completed: and
A statement that the person to whom the notice and order is directed must: (i)
complete correction of the yiolation bv the date stated in the notice: or (m aDpeal the
notice and order as proyided in Section 1-19: and
A statement that. if such yiolation is not corrected and the notice and order is not
appealed. a monetarY penalty in an amount per dav for each violation as specified bv
Section 1-17(e) shall accrue against the person to whom the notice and order is
directed for each and everv dav. oroortion ofadav. on which the violation continues
following the date set for correction.
(ç} Service of order. The enforcement official shall serve the notice and order upon the
person to whom it is directed. either bv: (i) delivering it personallv: or (ii) bv mailing a cOPV of the
ORD # 99-342, PAGE 8
order to correct violation bv certified mail. Dosta!!e meDaid. return receiDt reQuested. to such Derson
at hislher last known address and bv Dostin!! a CODY of the notice and order consDicuouslv on the
affected propertv or structure. Proof of service shall be made at the time of service by a written
declaration under nenaltv of neriurv executed bv the nerson effectin!! the service declariri!! the time
and date of service and the manner bv which service was made. Any failure of the oerson to whom
the notice and order is directed to observe the Dosted notice and order or to actually receiye the
mailed notice and order shall not inyalidate service made in comnliance with this section. nor shall
it invalidate the notice and order.
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@ Extension. UDon written reQuest received prior to the correction date or time. the
enforcement official mav extend the date set for correction for !!ood cause. The enforcement official
may consider substantial comDletion of the necessary correction or unforeseeable circumstances
which render comDletion impossible bv the date established as a !!ood cause.
W Monetary Penaltv. The amount of the monetary nenaltv rer day or Dortion thereof
that each violation continues beyond the date set in a notice and order is as follows:
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First violation. one hundred dollars:
Second violation. two hundred dollars:
Third violation. three hundred dollars:
Additional violations in excess of three. five hundred dollars.
ill Continued Dutv to Correct. Payment of a monetary oenaltv DUfsuant to this chanter
does not relieve a Derson of the dutY to correct the violation as ordered bv the enforcement official.
(g} Declaration ofComv/iance. When the violation has been corrected and the Denalty
naid. the enforcement officer shall issue a letter which shall so state. and shall also record the date
UDon which the violation was fully corrected. beyond which no further renaltv shall accrue.
(!ù Effect of Unauuealed Notice and Order. If a notice and order is not annealed. each
day which the violation continues beyond the date set in order to correct shall constitute a -
misdemeanor Dunishable bv a fine ofuD to five thousand dollars ($5.000.00). or imDrisonment for
UD to six (6) months. or both. In addition to such criminal Denalties. the CitY may enforce the notice
and order in accordance with Sections 1-20 and 1-21 below. and/or enforce it in suDerior court.
Sec. 1-18. Voluntary Correction Aereement
(a) General. Prior to the issuanceofanotice and order under Section 1-17. orin lieu thereof.
when the CitY determines that a violation of an ordinance has occurred. the CitY may enter into a
voluntary correction al!reement wherein the Derson( s) resDonsible for the violation or the owner( s)
of mODem on which the violation has occurred or is occurrin!! a!!rees to abate the violation within
a sDecified time oeriod and accordin!! to sDecified conditions. '
ORD # 99-342, PAGE 9
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The name and address of the oerson resDonsible for the violation and/or the
owner of moDertv on which the yiolation has occurred or is occurring:
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The street address or adescriDtion sufficient for identification of the building.
structure. Dremises or land UDon or.Wïthin which the violation has occurred
or is occurring:
A descnDtion of the violation and a reference to the rel!ulation violated:
The necessary corrective action to be taken and a date or time bv which the
correction must be comDleted:
An al!reement bv the Derson resDonsible for the yiolation and/or the owner( s)
of DroDertv on which the violation has occurred or is occurrinl! that the City
mav insDect the Dremises as mav be necessary to detenuine comDliance with
the yoluntary correction al!reement:
An al!reement bv the Derson resDonsible for the violation and/or the owner( s)
of mODertv on which the violation has occurred or is occurrinl! that. if the
tenus of the voluntary correction al!reement are not met. the City mav abate
the yiolation and recoyer its costs and expenses as Droyided in this article:
An al!reement that bv entennl! into the yoluntary correction al!reement the
Derson resDonsible for the violation and/or the owner( s) of prooertv on which
the yiolation has occurred or is occurrinl! waives the nl!ht to a hearinl! before
the examiner under this ordinance rel!ardinl! the matter of the violation.
oenalty and/or required corrective action: and
A statement that failure to comDlv with the tenus of the al!reement shall
constitute a misdemeanorounishable bv a fine notto exceed five (5) thousand
dollars ($5.000.00) and/or imDnsonment for not more than six (6) months.
(£) Modification and Time Extension. An extension of the time limit for correction or
a modification of the reQuired corrective action mav be I!ranted bv the enforcement official if the
person resDonsible for the violation has shown due dilil!ence and/or substantial DrOl!l"eSS in correcting
the violation but unforseen circumstances render correction under the onl!inal conditions
unattainable. All modifications or time extensions shall be in writinl!. shilled bv the oerson(s)
resDonsible for the violation and/or the owner(s) of the DroDertv on which the violation has occurred
or is occurrinl! and an enforcement official.
ORD # 99-342, PAGE 10
@ PenaltY for non-compliance. Violation of the terms of the agreement shall constitute
a misdemeanor punishable by fine not to exceed fiye thousand dollars ($5.000) per day and/or
imprisonment for not more than six (6) months. Further. the City may enter the property. abate the
yiolation and recoyer all costs and expenses of abatement in accordance with the Proyisions of this
chapter.
Sec. 1-19. Appeal to hearinl!s examiner.
úù General. A person to whom an order to <:'ease actiyity or a notice and order is
directed may appeal the order to cease actiyitv or notice and order to the hearinl!s examiner. The
person appealin!! may appeal either the determination that a yiolation exists. the amount of any
monetary penaltY imposed. the correctiye action ordered. or all three.
(!ù How to appeal. A person may appeal an order to cease actiyity or notice and order
by filin!! a written notice of appeal with the City Clerk within fourteen(I4) calendar days from the
date of service of the order to cease actiyity or notice and order. The appeal must be accompanied
by cash or a check. pavable to the CitY of Federal Way. in the amount of $100.00. which is
refundable in the event the appellant preyails on the appeal.
(ç) Effect of avveal. The timely [¡Iin!! of an appeal in compliance with this section shall
stav the requirement for action specified in the notice and order that is the subject of the appeal. The
monetary venaltv for a continuin!! violation does not continue to accrue durin!! the pendency of the
appeal: however. the hearin!!s examiner may impose a daily monetary penalty from the date of
service of the order to cease activitY or notice and order if he finds that the appeal is frivolous or
intended solely to delay compliance. The effect of the filin!! of an appeal of an order to cease
activity shall be as provided in section 1-16(d).
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Notice of and hearim! before the hearinJ!s examiner.
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Date ofhearin!!. Within 10 days of the Clerk's receipt of the appeal. the
hearin!!s examiner shall set a public hearin!! for a date within 30 days of the .
Clerk's receiPt of the appeal.
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Notice ofhearin!!.
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Content. The Clerk shall cause a notice of the appeal hearin!! to be
posted on the Property that is the subject of the order to cease activitY
or notice and order. and mailed to the appellant and Property owners
located within 300 feet of the Property that is the subject of the
violation. The Notice shall contain the followin!!:
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The file number and a brief description of the matter bein!! appealed.
ORD # 99-342, PAGE II
iliiì. A statement of the scope of the appeal includinl! a summary of the
errors alleged and the findings and/or lel!al conclusions disputed in the appeal:
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(iy) The date tenD and Dlace of the Dublic hearinl! on the aDoeal~
(y) A statement of who may DarticiDate in the anneal.
(vi) A statement of how to DarticiDate in the anneal.
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Distribution. The Notice shall be mailed and Dosted at least ten calendar days
before the hearinl! on the appeal.
Participation in the appeal. Anv person may DarticiDate in the Dublic hearinl!
in either or both of the followinl! ways:
(i) Bv submittinl! written comments to the hearinl! examiner. either bv
deliyerinl! these comments to the Clerk Drior to the hearing or bv I!iyinl! these directly to the hearing
examiner at the hearinl!.
(m Bv aDDearinl! in Derson. or throul!h a representative. at the hearinl! and
makinl! oral comments directly to the hearinl!. The hearinl! examiner may reasonably limit the
extent of oral comments to facilitate the orderly and timely conduct of the hearing.
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Conduct ofHearinl!. The hearinl! examiner shall conduct the hearinl! on the
appeal Dursuant to the rules of Drocedure of the hearinl!s examiner. The city
and the appellant may DarticiDate as Darties in the hearinl! and each may call
witnesses. The appellant shall have the burden ofDroofbv a DreDonderance
of the evidence that a violation has not occurred. that the amountofmonetarv
Denalty assessed was not in compliance with section I-l7(e). or that the
corrective action ordered is unnecessarY to cure the violation.
Electronic sound recordinl!. The hearinl! examiner shall make a complete
electronic sound recordinl! of the public hearinl!.
Continuation of the hearinl!. The hearinl! examiner may continue the hearing:
if. for any reason. he or she is unable to hear all of the Dublic comments on
the matter or if the hearinl! examiner detennines that he or she needs more
infonnation on the matter. If. durinl! the hearinl!. the hearinl! examiner
announces the time and Dlace of the next hearinl! on the matter and a notice
thereof is Dosted on the door of the hearinl! room. no further notice of that
hearinl! need be I!iven.
(e) Decision ofhearinl! examiner.
ORD # 99-342, PAGE 12
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Vacation. If the hearing examiner detennines that the aDDeliant has moven
by a Drenonderance of the evidence that no violation substantiallv as stated
in the order to cease activitY or notice and order has occurred. the hearing
examiner shall yacate the order to cease activitY or notice and 'order. and
order the anneal fee refunded.
Affinnance. If the hearing examiner detennines that the aDnellant has not so
proven bv a nreDonderance of the eyidence. the hearing examiner shall affinn
the order to cease activitY or notice arid order. shall affinn the amount of any
monetary penaltY imDosed bv the order to cease activitY or notice and order.
and shall affinn the corrective action ordered.
Modification. If the hearing examiner detennines that the monetary penaltY
was not calculated in compliance with Section 17(e). or that the corrective
action ordered was unnecessary to cure the violation the examiner mav
modify the Denaltv amount and/or the abatement action reQuired depending
on the specifics of the violation as found at the hearing. In so ordering. the
hearing examiner shall consider the following:
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Whether the intent ofthe appeal was to delav compliance. or
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Whether the a¡JDeal was frivolous. or
úill. Whether there was a written contract or agreement with another Dartv
which sDecified the securing bv the other Darty of the aDnlicable Dennit or approval from the citY.
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Whether the applicant exercised reasonable and timelv effort to
comDlv with the aDDlicable deyelonment regulations. or
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Anv other relevant factors.
In modifying a monetary penaltY under this section. the hearing examiner shall
impose. at a minimwn. the monetary nenaltv set forth in Section 1-17( e) aboye. for each separate
section of the code violated. and as detennined bv reference to the applicable nwnber of violations
(first. second. third) at issue. In modifying the corrective action ordered. the hearing examiner shall
reQuire. at a minimwn. anv action necessary to ensure actual compliance within fourteen 04) days
of the date of the examiner's decision.
ill Issuance of Decision. The hearings examiner shall issue a written decision. including
findings of fact. conclusions. and order within 14 dayS of the hearing.
ORD # 99-342, PAGE 13
(g} Judicial Review. Judicial review of a decision by the hearing examiner may be souf?:ht
by any Derson ag:g:rieyed or adversely affected by the decision oursuant to the oroyisions of the Land
Use Petition Act. Chanter 36.70C RCW. ifaoolicable. or other aoolicable authority. if any. if the
oetition or comolaint seeking: reyiew is filed and served on all oarties within 21 days of the date of
the decision. For purooses of this section. "Ag:g:rieved or adversely affected" shall haye meaning set
forth in RCW 36.70C.060(2).
í!ù.. Effect of Decision. If iudicial reyiew is not obtained. the decision of the hearing
examiner shall constitute the final decision of the City. and'the failure to comolv with the decision
of the hearing: examiner shall constitute a misdemeanor ounishable by a fine of not more than five
thousand dollars ($5.000.00) or uo to six (6) months imorisonment. or both. In addition to criminal
ounishment oursuant to this subsection. the City may oursue collection and abatement under
Sections 1-20 and 1-21 below.
Sec. 1-20. Collection ofmonetarv oenaltv.
W The monetary Denaltv constitutes a oersonal oblig:ation of the Berson to whom the
notice and order or order to cease activity is directed. Any monetary oenalty assessed must be oaid
to the city clerk within fourteen (14) calendar days from the date of service of the notice and order
or. if an aoDeal was filed oursuantto Section 1-19 within fourteen (14) calendar davs of the hearing:s
examiner's decision.
Ü1l The City Attorney. on behalf of the Citv. is authorized to collect the monetary Denalty
by use of aoorooriate leg:al remedies. the seeking: a g:ranting: of which shall neither stay nor tenninate
the accrual of additional oer diem monetary oenalties so long: as the yiolation continues.
ill The City may authorize the use of collection agencies to recover monetary
oenalties. in which case the cost of the collection Dfocess shall be assessed in addition to the
monetary oenaltv.
ill The City may incoroorate any outstanding: oenalty into an assessment lien -
when the City incurs costs of abating: the violation oursuant to Section 1-2 I.
Section 1-21. Abatement and Additional Enforcement Procedures.
úù Abatement bv Violator. In the absence of an anneal. any reQuired abatement shall be
executed in the manner and means soecifically set forth in the order to correct and/or the yoluntary
correction ag:reement bv the oerson(s) resoonsible for the yiolation.
Ü1l Abatement bv Citv. The City may oenonn the abatement reQuired uoon
noncomoliance with the tenDS of: (i) an unaoDealed notice and order: (ii) a yoluntarv correction
agreement: or (iii) a final 'order of the hearing: examiner. The costs shall be billed to the oerson(s)
ORD # 99-342, PAGE 14
obligated to Derform the work under Section l-17(b)(6)' the voluntary correction agreement or
hearing examiner decision as aoolicable.
ill The City mav utilize City emDlovees or a Drivate contractor under City
direction to accomDlish the abatement. The City. its emDlovees and agents using lawful means are
exDresslv authorized to enter UDon the DrODectv of the violator for such DUfDoses.
ill The Citv shall bill its costs. including incidental eXDenses. of abating the
violation to the Derson(s) obligated to Derform the workÚnder the notice and order. voluntary
correction agreement or hearing examiner decision. which costs shall become due and payable thirty
days after the date of the bill. The term "incidental exDenses" shall include. but not be limited to
Dersonnel costs. both direct and indirect. including attorney's fees incurred bv the City: costs
incurred in documenting the violation: the actual eXDenses and costs to the City in the DreDaration
of notices. sDecifications and contracts. and in insDecting the work: and the cost of any reQuired
Drinting and mailing.
úù Obstruction with Work Prohibited No Derson shall obstruct. imDede or interfere with
the City. its emDlovees or agents. or any Derson who owns. or holds anv interest or estate in any
proDectv in the Derformance of any necessary act. Dreliminary or incidental to. carrying out the
reQuirements of an order to correct. voluntary correction agreement or order of the hearing examiner
issued Dursuant to this chanter. A violation of this Drovision shall constitute a misdemeanor
Dunishable bv a fine of not more than five thousand dollars ($5.000.00) Der day or UD to six (6)
months imorisonrnent. or both.
@ Revort to Citv Council and Hearinf! on Cost of Abatement. In the event the Derson( s)
resDonsible fails to Dav within the thirty dav Deriod set forth in subsection (b )(2) of this section the
enforcement official shall DreDare a written itemized reDoct to the City Council showing the cost of
abatement. including rehabilitation. demolition. restoration or reDair of such DTODertv. including such
salvage yalue relating thereto Dlus the amount of any outstanding Denalties.
ill A CODY of the reDoct and a notice of the time and date when the reDoct shall -
be heard bv the City Council shall be served on the Derson resDonsible for Davment as DTOvided in
Section l-17(b)(6) at least five days Drior to the hearing before the city council.
ill The City Council shall review the reDoct and such other information on the
matter as it receives and deems relevant at the hearing. The City Council shall confirm or revise the
amounts in the reDoct. authorize collection of that amount or. in the case of a debt owed bv a DTODertv
owner. authorize Dlacement of an assessment lien on the DroDertv as Droyided herein.
útl Assessment Lien. Following the hearing and authorization bv the City Council. the
City Clerk shall certify to the county treasurer the confirmed amount. The county treasurer shall
enter the amount of such assessment UDon the tax rolls against the DTODertv for the current year and
the same shall become a Dart of the general taxes for that vear to be collected at the same time and
ORD # 99-342, PAGE 15
with interest at such rates as Droyided in RCW 84.56.020. as now or hereafter amended. for
delinQuent taxes. and when collected to be deposited to the credit of the I!eneral fund of the City. The
lien shall be of eQual rank with the state. county and municipal taxes.
ill The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceedinl! unless the same is commenced within fifteen calendar
davs after the assessment is placed uPon the assessment roll.
ill Additional Remedies. The proyisions of ills article may be used in lieu of or in
addition to other enforcement oroyisions of this code unless otherwise precluded bv law.
ill In addition to. or in lieu of the provisions of this chanter. the City may. at its
option. turn the matter over to collection or commence a civil action in anv court of competent
jurisdiction to collect for any such charl!es incurred by the City. to obtain compliance pursuant to
this chanter. and/or to collect anv penalties that haye been assessed.
ill The City may. at its ootion.seek injunctive or other ciyil relief in superior
court rel!ardinl! anv code violation.
Sec. 1-22. Conflicts.
In the event of a conflict between this chanter and any other provision of this code or city
ordinance orovidinl! for a civil penalty. this chanter shall control.
Sec. 1-23. Meaninl! of terms.
Wheneyer the tenns "civil infraction" and "civil penaltv" are used in any code. ordinance or
rel!ulation of the city. those tenns shall be deemed to haye the same meaninl! as the tenns "ciyil
violation" and "monetary penaltv". respectively. as used in this chanter.
Section 4. Amendment. The following new sections are added to the Federal Way City
Code, Chapter 13, "Streets, Sidewalks and Certain Other Places":
Sec. 13-181. Civil Enforcement. [sidewalksl
Civil enforcement of the orovisions of this article and the tenns and conditions of anv oennit
or aooroyal issued pursuant to this article shall be I!ovemed by FWCC Chanter I. Article III. Ciyil
Enforcement of Code. Civil enforcement is in addition to. and does not limit any other fonns of
enforcement available to the City includinl!. but not limited to. criminal sanctions as specified herein
or in FWCC Chanter l. Articles II -III. nuisance and injunction actions. or other ciyil or eQuitable
actions to abate. discontinue. correct or discoural!e unlawful acts in violation of this article.
ORD # 99-342, PAGE 16
Sec. 13-253. Civil Enforcement. lril!:ht-of-wav vel!:etationl
Civil enforcement of the Drovisions of this article and the tenDS and conditions ofanv Dennit
or approval issued Dursuant to this article shall be I!ovemed bv FWCC Chapter I. Article III. Civil
Enforcement of Code. Civil enforcement is in addition to. and does not limit anv other fonDS of
enforcement ayailable to the Citv includinl!. but not limited to. criminal sanctions as specified herein
or in FWCC ChaPter 1. Articles II -III. nuisance and injunction actions. or other civil or eQuitable
actions to abate. discontinue. correct or discoural!e unlawful acts in yiolation of this article.
Section 5. Amendment.
Chapter 22 of the Federal Way City Code is hereby
amended as follows:
A. The following new section is added to the Zoning Code, Federal Way City Code
Chapter 22:
Sec. 22-129. Ciyil Enforcement.
The code enforcement officer shall enforce the Drovisions ohhis chapter and the tenDS and
conditions of anv Dennit or aDDroyal issued pursuant to this chapter as set forth in FWCC section
22-11.
B.
The following sections of Chapter 22 of the Federal Way City Code are hereby
amended:
Sec.22-11. Violation of this chapter.
(a) Criminal ,Yiolations. It is unlawful for any person to do or cause any of the following
to be done and for a property owner to pennit any of the following to be done on his or her property
contrary to or in violation of this chapter:
(I)
(2)
(3)
(4)
(5)
Construct, in any way alter, or move any improyement.
Engage in any activity.
Use or occupy any structure or land.
Conduct any use.
Create any c'onditions.
ORD # 99-342, PAGE 17
It is also unlawful for any person to fail to perform any actiyity or obligation required by this
chapter.
Violations identified herein shall constitute misdemeanors subject to criminal Drosecution.
Dunishable as set forth herein. This chanter is also subject to civil enforcement. as set forth herein.
(b) Criminal enforcement penalty.
Upon conviction of an unlawful act under or violatiéÍn of this chapter, the property owner or
other person may be punished by a fine of not more than $5,000.00 or imprisoned for not more than
six months or both for each day or part of a day during which the unlawful act or violation occurs.
The property owner or other person may also be ordered to discontinue the unlawful act or correct
the yiolation. Criminal enforcement is in addition to. and does not limit anv other forms of
enforcement available to the City including:. but not limited to. civil enforcement as specified herein
or FWCC Chanter I. Article III. nuisance and injunction actions. or other ciyil or eQuitable actions
to abate. discontinue correct or discourag:e unlawful acts in yiolation of this chanter.
(c) Civil enforcement penalty.
Civil enforcement of the provisions of this chanter and the terms and conditions of
anv permit or approval issued pursuant to this chanter shall be g:oyerned bv FWCC Chanter I.
Article III. Ciyil Enforcement of Code. Civil enforcement is in addition to. and does not limit anv
other forms of enforcement ayailable to the City including:. but not limited to. criminal sanctions as
specified herein or FWCC Chanter I. Articles II -III. nuisance and injunction actions. or other civil
or eQuitable actions to abate. discontinue. correct or discourag:e unlawful acts in violation of this
chanter.
t.n, pe:r3ôll nho .iôlate:30rf!IÏbtoeompl) nith!ln) ofthepl'6.i3ion30fthi3eh!lf'ter!!fttltl!e:
o.(fler of the propcrt) IIpOIl nhie:ha . iBlatioll oftb.i3 ehfll'ter exi3ts éJr i31éJeateå i3, inat!åition to !In)
e:rimilllll pe:ftfllt), 3ttbjeet to a ID8Ximtlftl ei. iI þenalt) of$5,ÐOÐ.ÐÐ [Br each å~ or portion ofthftt all)
that the .iBlfttiôn eontifttie:3, exe:ept thftt the o.¡ner of the propert) \!pon nhichthe .iolatiôni3löeatea -
or exi3t3, nho i3 ÏI. nB nil) IICti.el) m,ol.eå in the .iolfttiBn, 3"'1111 be 3ttbjee:t 16 the ei.il pcnlllt)
only ifhe or 3he ffli13 tB correct the .iBlfttiollaftcr being ordcred to ao 30 _dcr the pl'6.i3iön3 Ofthi3
ehapter-.
(a) OHra kgallt:lllt:dies. Nothing in thi3 eh!lf'ter limit3 tht: right of the eit) 16 plfl"311e ðther
la.Æu:I criminal, ei. il or eq1:lÌt!lble rcmedie3 to Matt:, aj3eBntintte, eorrect éJr åi3eo!ll'age m.la.nul !lets
ttnacr or in .iölfttiðll ðfthi3 eft!lf'ter.
Sec. 22-1604. Compliance and enforcement.
A. Compliance with other applicable codes. All signs erected or altered under
this article must comply with all applicable federal, state and local regulations
ORD # 99-342, PAGE 18
relating to signs, including without limitation the provisions of the Uniform Sign
Code adopted in section 5-281 and the Uniform Building Code adopted in section
5-66 by the city. If any provision of this code is found to be in conflict with any
provision of any zoning, building, fire, safety or health ordinance or code of the city,
the provision which establishes the higher standard shall prevail.
B. Sign maintenance. All signs must be kept in good repair and in a safe
manner at all times. The property owner must repair dama~ed or deteriorated signs
within 30 days of notification by the city. The area surroUÌ1ding freestanding signs
must be kept free of litter and debris at all times.
C. Administrative fie. All signs removed by the city shall be available for
recovery by the owner of such sign for a period of two weeks, after which they will
be destroyed. Recovery of any sign removed by the city shall be subject to
payment of an administrative fee to partially coyer the city's cost in remoying and
storing the sign as follows:
(i) First violation fee -- $ 5.00 per sign.
(ii) Subsequent violations fee -- $7.00 per sign.
The city shall not be responsible for damages or loss during removal or storage of
any signs. This administratiye fee shall be in addition to any civil penalty imposed
pursuant to this chapter.
D. Ci,il pent/try Civil Enforcement.
Civil enforcement of the provisions of this article and the terms and conditions ofanv permit
or approval issued pursuant to this article shall be governed as set forth below. and bv FWCC
Chapter I. Article III. Civil Enforcement of Code. Civil enforcement is in addition to. and does not
limit anv other forms of enforcement available to the City including. but not limited to. criminal -
sanctions as specified herein or FWCC Chapter I. Articles II -III. nuisance and injunction actions.
or other civil or eQuitable actions to abate. discontinue correct or discourage unlawful acts in
violation of this article.
(1) Orðeõr t6 eõ6l"1eõ~t .iðlatiðn.
(i) I33tl!I¡'C~. Wheõn~. eõr B. eõðð~ ~nf6reem<:ht ðffleõ<:f ð~t~MIine3 that a
.iolatiðn ðfthi3 3ign Cöðe 11.113 ðeetllTeõð ðf i3 ðœl:llTÎng, he/3he 3hill11'1iI3t1c
feõll3eJnabk attempt3 tð 3e~l:II'e .ðltl!ltar) e6rre~tiðn, failing "hieõh he/she mil)
i33t1.:c an order 16 ~ðllEct .iðlatiðn tð th~ I'lðl'CI"t} ð...nci ðf 161m) I'C!'8ön
cawing, allð"illg ðr I'artieil'flting ill th~ ,iôlatiðll.
ORD # 99-342, PAGE 19
(ii) C6ftteftt. The cede enfðreement 6meel shflll inell1de the fðll6 .ling in the.
eldel tß em'l'eet . iðlllti6fl.
(I) TIll: filime II:ftd IId.ðrt;JS 6fthe 1'1'61'~ 6.lIier 6r 6ther l'elSen tð
..hðm Ill(: 6rt1er tð eðfIeet .i6lftti6n is direeted, !lilt!
(2) The street adð!'e33 61' de3eripti6n 311ftieient ful' identifieMt6n 6f
the sign fðr ..hieh the. .iðllltien 11!13 6ee1ll'l'ed 61 iJ 6ee1lfIing, II:ftd
/
(3) A de3eIiptiðn 6fthe .iôlati6n IInd II Icfcrenee tß thllt pI6 .i3iôn 6f
the tit) 'J Jign cede ..meh h!t3 been .i61I1ted, 8fid
(4) A 3tfttemeftt 6f the. lletÏðn reql1ired t6 be taken t6 eörreet the
. i6latiefl!t3 detel'l'l1ined ¡" the eðde enf6ret:meftt emeel' II:ftd II df!tc er
time by ..hieh eðl'ft)eti6n is tß be e6mpleted, !lftd
(5)/'. stfttemeftt thllt II IU6f1ettlrj pellftit) in !1ft 8fi'61:1nt pel dlt) fer eaeh
.i61l1tiön !t3 3I'eeified by Jeetien 22 1684(D)(3) 3hltll be !t33em:d
IIgllifl3t the J'Cf3ðn tß ..hem the 6Ider tð eel'ft)et .i61l1ti6n i3 dil'eeted
fer elleh MId e.e!) day, 6r fJ6rti6n 6f II æ" 6n ..hieh the .iðlllti6I.
e6fttifl11e3 fell6..ing the dllte 3et fur eelleetien.
(iii) gel .iee 6f 6rder. The e6de enfereefl1eftt 6meer 3hall 3el. e the 6rt1er t6
e6rreet .iölatiðn "I'M the l'el3en tß ..hen} it i3 directed, either l'ef3611ftily er
by n'lIiling II eðpy ðf the e)f xr tß eðrreet . iðllltiem by certified fillil, l'ð3t!1ge
prepllid, return receipt reqtIG3ted, tß 3t1Gh per3611 lit bi:rller la3t me.. addre3s
6r by p63ting II eð!'y ðfthe order tß eðrreet .i61l1tien e6n3pie11ð1131y 6n the
flffi;eteà pl6l'erf) er 3ign. Pleefðf3el .iee 31Ht11 be made lit the time ef3el'\iee
by a ./fitten deelllnltiðn tlndel p¡:fI~ 6f peljl1f) ¡:x¡:el1ted b) the per3en
effi:eting the 3el"\ ice, deelllIing the time II:ftd dllte ef 3er. ice IInd the f1'18f\.fter
by ..hieh 3er. ice ..!t3 n,ade.
(i.) Exten3i6n. UpM .il'ÌttenreqI:le3treeei.ed 1'"6r tß the eðneetiðn dllte 61'
time, the e6de enfMeem.eftt emeer mil) ¡:J<tentI the date 3et fur C6ITeetien fðl'
g66d elttl3e. The eðcle enfðreement ðmeer nIft) een3itler 3ttbstantiltl
eempletiðl1 efthenœe33ftI) eerreetiðn 61 11nf6re3eeltble eÌIe11m3tllI1ee3 ..bieh
render e6n1l'ktien irnpôs3ible by the. date e3tðbli3hed !t3 II gððt! elttl3e.
(2)13311!1ftee ðf ei. il eitllti6f1.
(i) Cenelltl. F6116.iÏng the date 61 time by ..hid! the eôrreetiôfl fI1I:I: t be
eômpleted !t3 leq1:lÏred by MI 6rt1cl t6 e6rre¡:t . ieilition, the cedc enforcement
6meer 31Ht11 determine ..hether stieh C6rreetiôfl h!t3 been e6mpleteà.
ORD # 99-342, PAGE 20
(ii)b3Iit111.ee. If the required eerreetion ha3 lIðt beell eðlnflleted by the
eðneetiõll datt: ðl time 113 :! 5eeified ill the erder tð eelleet ,iõlatiðn, the eodt:
enf6œeillent õffie;el m!!) i331:1t: a ei.il eitatiõh tð each person to ..h8m. !II\
oreel te eðn:eet ,i81l1tien ..113 directed, fJl'ð.ided, he..e.er, that the eðàe
enf6reement õffieer ill!!) Î33t1e a ei, il eitatien .. ithðtlt ha. ing i33t1ed an 8rder
toeerreet .ielatien ..her<:lIfIemergene) exi3tsõl ..henaIepellted ,ielation
eeetlrs. The ei, il eitlltiôn i3stled þtlrJtIMt hereto Ielm:seI'lts a determinlltiðn
that a ei. il infiaetien h!I3 been committed. ThiJ determiftfltien is Hnal1:ll11e33
eefttested a3pl'ð,ided her<:in. /
(iii) CeMent. Tilt: eðde enforeement effiee;1 3httil illeltlde; all the follð.. ing in
the eÏ.il e;itfttiõll.
(I )/.11 inf61matiðft require;d te be indtlded in the ðreel t6 eorrect
.i6lfttiðn ptlr3t1!1!1t t6 3ee;tien 22 I 694(D)(I)(ii), anti
(2)/. mtement thftt the pe;l3ðn to ..horn HIe; d,H e;itMien ..113 direeted
mtl3t eemplctt: e6l'n:etien ðftht: . ieilltien and eitl.er I'll) the Menet!!!)
pellfllty in1pð3e:l to tht: e;ity der/{ el appeal the; e;i. il eittttien 113
J'fe.ided ill3eetiðn 22 1 694(D)(4).
(i.) Sel"l iee ef dttttiell. The; eede; enfere;eme;ftt effieer 3hall 3en e; the; ei, il
e;itfttien p1lf3t1Mt te tht: 3er. ie;e reé tlireme;ftt3 f61 an erde;r te e;ellee;t . iðlfttien
113 3et fel'th in 3eetiell22 1691(D)(I)(iii).
(J)Menet!!!) penalty.
(i) Amðtlflt. The lI:Iftðttnt ¡¡[the; Mene;!tIr} penalty per:lll) er pðrtiell 1hereðffeH each
ei.H .ielMiem i3113 fölle..3.
(I) Fir3t .ielatien, $59.99,
(2) Seeend .ieIMien, $199.00,
(J) Third ,ielatien, $209.99,
(1) Additiellal .ielatiellJ ill eXee;J3 efthle;e, $HJ9.90.
(ii) Centinttt:d dtlt) 1e eerreet. Payment ef a fflenelflry penalty ptlrJtlant to thi3
eI'IIlp1er de.':s lIet relie..': ap.':r3ðll efthe à\:lt) 1e eeneet the; .ielatÏ<m.
(iii)De;dlll'!ltiðn ef eðll1l'lianee. '.'.'hell the' .ielfttiõn h!I3 been e;ðrreeted, the e;ðàe
enf6re;e;me;nt effieer 3hall i33tte a ktter ..hid¡ 3hall 3e 3tttt.':, IIftd 3hallabe reeere the
ORD # 99-342, PAGE 21
àllte 1tfJ6n ..hieh the .iôllltiðn nlt3 fully eðrreeteà, beYðnà ..hieh nð further peftalt)
shall aeel'l:lt:;.
(4) Appeal tð heMings exlltniner.
(i) Central. A person to ..horn a ei.il eit!rti6n is àÏiemà mil) !lJ'l'eal the ei.iI
eittltiðn, iftelttdiftg the àeterminflti6n thllt a . iolatiõn exists, or mil) appeal the !IIll0!lflt
ðf!IfIJ mõnet!li) penal!) impðseà t6 the: liearingJ exlltniner.
/
(ii) lIo n tð IIJ'peal. f. peI3õn mil) appeal the ei. il citation b) :!iling a ..'fitten nðtiee
ðf !lJ'l'eal nith the eJHiee ðfthe ei!) elerk .¡¡thin se.en ealendar àll)J [IBm the àate
ðf Jel.iee eJfthe ei.il eittltiðn.
(iii) M611etttr) penalty. The monetary peftal!) föl a eontilltling . iðllltiðn àoes ftðt
aeeltHõ àt\l'Ïng the pemleftey ðfthe !lJ'l'eal, liÔne.el, the liearings ex!tffiinel mil)
impose a àaily mônetflry penalt) from the date ofsel'\iee eJfthe ei.iI vitatiôn iflie
:!inàs thllt the appeal is [ri.eJleJ!ls eJr intended sðldy tð àelll) eomplillflee.
(i.) lIeMingJ exllluiner prðvess. f< pews of iJsl:Ia!!ee of a ei. il eitlltiðn shall be
eondtreteà !Ising Prðevss II, Artiele VII of this eðàe.
( . )Aetion of hvaringJ exllfl1Ïner.
(1) The liearings ex!lll1il'lel shall determine ..I.etlier the eit., lias piO. ed by a
prepeJnàelMlee eJfthe e.iàenee thttt a .iôllltieJn hlt3 eJeetirred!llld JI1all affirm.,
. aeate, stl3J'cnà or nlôdif) the !\ffiollnt of !III) môfl.et!ll) penalt) in.pôseà b)
tire ei.il dtatiôl'l nith ôl ..ithôtlt .mMen vônàitions.
(2) The hearings ex!ll'l'linel shall eonJider the follo..ing in milking hi:i;'h<;1
àeterminlltion.
(a)Whcther the intent of the lIJ'I'eal nlt3 tô àell!) eômpli!U'lve, ðr
(b) '.vhethel the !lJ'l'eal iJ m. Olðl1S, ðI
(e) Whether the !lJ'l'liellflt vxe '()iseà relt3ônable !IIld timely effart tð
eðmpl) nith the sign eoàe, ðr
(à)till) otherlele.llfltmetôrs.
(5) Cõlleetiem 6fme)fte~ penal!).
ORD # 99-342, PAGE 22
(i)The I!'IOIWIft¡) penalt) eon3tittltes a per30nttl. obIigltti6l. of the per30n t6 ..h61\1 the
~:~~ ~~~i6n b direeted. ¡'<n) n,onet!l!) peftftlt) a33t33ed mtlst be paid te the tit)
ekrk ..ld.in 14 eaI.::hdllf day 3 non, d.e date of 3el"\iee oftl.e ei oil eitfttion Of, if an
!I Ipeal ..as filed ptlfSöant t6 3eetiõfl22 1691(D)(4), ..ithin 14 eaIendllf days of the
hearÎng3 exan1Ïner's deeisiðn.
(ii) The tit) attorney, on behalf of the eit), i3 l!Iithori:;:ed to eolleet the monetllI')
penll:lt) by ö3e of !I Ipr6priltte leg!!! r;;medie3, the 3eeking a granting 6f ..hieh 3hall
neither 3tft) n6r tmminate the !teem!!! of additional per diem Id6netary penll:ltie3 30
long a3 the. i61ati6h eðntin1:le3.
E. Additiðlla: (;fiftH et:l7lwt pI ðeedt:., eJ. The pl6 0 i3ion3 ðf thi3 ehapter 11'111) be
1:I3ed in addition 1ð other enft;¡eement pm. i3iðn3 ðr remedie3 !ItItlmli:;:ed by thi3
code 01 other IIpfJliellbie la...
F. Inspection. The administrator is empowered to enter or inspect any building, structure
or premises in the city, upon which, or in connection with which a sign is located, for the purpose
of inspection of the sign, its structural and electrical connections, and to insure compliance with the
proyisions of this code. Such inspections shall be carried out during business hours, unless an
emergency exists.
G. Abatement by the city.
(I) Authority to remove sign. As part of anv abatement action under FWCC Chapter
I. Article III, the city or its agents may enter upon the subject property and cause any sign which
violates the provisions of the sign code to be removed at the expense of the owner, tenant, lessee or
occupant, either jointly or severally. In addition to the abatement authority proyided bv Proceedings
under FWCC Chapter I. Article III. the citv or its agents mav summarilv remove anv sign l'!aced
on a right-of-wav or public propertv in violation of the tel1lls of this article. Recovery of costs for
removal of anv signs as provided herein shall be as provided in FWCC Chapter I. Article III.
(2) Sffltemellt of eð3tJ. !. ,erified 3tatement of the e03t 5f expen30 3hll:ll be sent by
eertified or regi3tered 111m! to the ree61d ð .mer at hi3 last kn6.m addre3s !IIld tð the 1.::33ee, tellflllt ðr
ðcetlpant. The reeõrd o.mer or the le33ee shall be lillbIe,jointly or 3e,el'!llly, wrthe plI)lI1ent of31:1eh
e03ts !IIld expen3es.
(3) Ci, ï: pel/{ä). The pay nlent for 31:1eI. eð3t3 !IfId expense3 3hall be in addi1iðn 16 !1ft)
d. iI pe!1fllt) imposed ptlf31:1ant t6 thi3 ehapter.
(4) lilli. In tire e,ent the reeord 6...nèf fails to JIll) th<: e6:!t:3!1fid expense3, the tit)
11'111) fil.:: alien ttgmnsl the leal pröp<:!'t) in the !IIfIOtlftt of 31:1eh e03t3 and e)ffJense3 !IfId reeord s1:leh
~~:",i~~~ King Cottn!) ReeoNb Oftiee. The oalidit) Bran) 3tteh lien shll:l.1 not be eöntesteil in !1ft}
action 01 pmeeeding 1:111:1<:33 the Sflftle13 eomm<:neea ..¡Ihlft JÐ dll)sllfter the hen 13 filed. !d1) app<:11:1
ORD # 99-342, PAGE 23
[rem II fill.lll judgment ig 3ti(,ft lIeft51i 51 preeeeding mugt be filed .lÍthili J9 flit) 3 aftel thG entry ðf
3t1ehjudgment.
C.
The following sections of Chapter 22 of the Federal Way CitY Code are
hereby repealed:
Section 22-123
/
Section 22-124
Section 22-125
Section 22-126
Section 22-127
Section 6. Amendment. Chapter 5 of the Federal Way City Code is hereby
amended as follows:
Sec. 5-6. Appeals.
Any appeals of any decision rendered pursuant to this Chapter, exceDt decisions oertaininl!:
to enforcement of this chaDter, shall be made to a hearing examiner appointed by the city.
Procedural rules concerning appeals shall be as proyided in process J III of chapter 22, Zoning.
Sec. 5-«;<»~ - 5-35 Reserved.
Sec. 5-41. Appeals.
Appeals made from any ruling under this article, exceDt rulinl!:s or decisions oertaininl!: to
enforcement of this article. shall be pursuant to FWCC Sec. 5~6.
Sec. 5-43+- 5-65. Reserved.
Sec. 5-67. Amendments.
The following amendments to the code adopted in section 5-66(a) are hereby adopted:
ORD # 99-342, PAGE 24
ill
Section 104.2.4 is amended and supplemented to read as follows:
Orders to cease activity. Whenever anv work is beim! done contrary to the
proyisions of this code. or other pertinent laws or ordinances imolemented
through the enforcement of this code. the building official mav order the
work to cease bv issuance of an order to cease activity pursuant to the FWCC
Section 1-16.
ill
Section 104.2.5 is amended and supplementê"d to read as follows:
Occupancv yiolations. Wheneyer anv building or structure or eQuipment
therein regulated bv this code is being used contrary to the provisions of this
code. the building official mav. bv issuance of an order to cease activity
under the FWCC Section 1-16. order such use discontinued and the
structure. or portion thereof. vacated.
fflill Section 106.3.1 is amended and supplemented by the addition thereof of a new
section to be known as subsection 106.3.1(8), to read as follows:
As much infonnation as required to provide an accurate environmental
disclosure.
~ill Section 106.4.1 is amended and supplemented by the addition of a new paragraph to
read as follows:
When the size of the building is increased or the scope for which the pennit
was issued is changed, the building official may amend the building pennit.
When such fees specified in section 107 have been paid and when changes
to the plans and application are approved, the building official shall issue an
"amended pennit," which includes the approyed changes as well as the
original plans and specifications. The issuance of such amended pennit shall -
yoid the original pennit.
t31ill Section 106.4.4 is amended and supplemented by the addition of a new paragraph to
read as follows:
Land surface modification (grading pennits, building pennits for R-3 and U
occupancies) shall expire one year from the date of issue. Building pennits
may be renewed for one-half of the original pennit fee for the first pennit
issued for such work.
(47(Q) Section 107.4 is amended and supplemented to read as follows:
ORD # 99-342, PAGE 25
(d) Expiration of plan review. Applications for building pennits which haye
not been approved by the department of community deyelopment, public
works department, fire prevention bureau, King County health department,
or building division within 180 days following the date of application shall
expire by limitation and become null and void if no pennit has been issued.
Any time spent in the state environmental policy act review process shall not
be included in the allotted 180 days. Plans and other data submitted for
review thereafter may be returned to the applicant or destroyed by the
building official. The building õfficial may extend the 180-day time
limitation following the application for pennit for a period of not more than
180 days upon request of the applicant showing that circumstances beyond
the control of the applicant haye prevented action from being taken. The
review time by other departments may not be extended. No application shall
be extended more than once. In order to renew action on an application after
expiration, the applicant shall pay a new application fee, and the "application
date" shall be the date of payment of the new application fee.
Upon notification of the availability of penn it by the building official, such
pennit must be obtained within 180 days of application date. The building
official may extend the 180-day time limitation following the application for
a pennit by not more than 180 days upon request of the applicant showing
that circumstances beyond the control of the applicant have prevented action
from being taken. No unissued pennit shall be extended more than once. In
order to renew action on an application after expiration, the applicant shall
resubmit plans and pay a new application fee and any remaining plan review
fee. The rules and regulations in effect on the date of such reapplication shall
govern the pennit application.
f57ill Section 108.4 is amended and supplemented by the addition of a new paragraph to
read as follows:
Buildings that haye not received a final approYai shall not be occupied
without written approval of the building official.
f67OO Section 1804.7 ofthe Uniform Building Code is hereby amended and supplemented
to read as follows:
Drainage. Provisions shall be made for the control and drainage of surface
water around buildings. Adequate provisions shall be made to insure that
underfloor spaces remain free of running or standing water. As a minimum,
such drains shall be installed around the perimeter of the building at the
footings. Additional drains may be required in the underfloor space. The
drainpipes shall be of sufficient size to adequately convey water to an
ORD # 99-342, PAGE 26
approyed location, but shall be a minimum size of four inches. Provisions
shall be made to prevent the drainage system from becoming blocked with
soil. The building official may waive the provisions of this section when
soils appear to adequately drain the site and no water will stand or run under
the building.
~ Appendix Chapter 34, Section 3406.2 is deleted in its entirety.
Sec. 5-68. Uniform Building Code Section 105 amended' - Board of Appeal.
Section 105 of the Unifonn Building Code, as adopted by this chapter, is hereby amended
to read as follows:
105.1 General. 1If:llfingJ and df:eiJi(lftJ (If ah,ppeals of ð1'ders;-decisions; or detenninations
made by the Building Official relative to the application and interpretation of this code, excevt
orders. ruliDl!s or decisions pertaininl! to enforcement of this code. shall be made to the Hearing
Examiner pursuant to FWCC Sec. 5-6.
105.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the
interpretation of the administratiye provisions of this code nor shall the Hearing Examiner be
empowered to waive requirements of this code.
105.3 Enforcement. Civil enforcement of the proyisions of this code and the tenDS and
conditions of anv pennit or approval issued pursuant to this code shall be I!ovemed bv FWCC
Chapter I. Article III. Civil Enforcement of Code. Civil enforcement is in addition to. and does not
limit anv other fonDS of enforcement available to the City includinl!. but not limited to. criminal
sanctions as specified herein or in FWCC Chapter I. Articles II -III. nuisance and injunction actions.
or other civil or eQuitable actions to abate. discontinue. correct or discoural!e unlawful acts in
violation of this code.
Sec. 5-91. Appeals.
Appeals made ITom any ruling under this article, except rulinl!s or decisions pertaininl! to
enforcement of this article. shall be pursuant to FWCC section 5-6.
Sec. 5-9~:.l- 5-100. Reserved.
Sec. 5-143. Appeals.
Appeals made ITom any ruling under this article, except rulinl!s or decisions pertaininl! to
enforcement of this article, shall be pursuant to FWCC section 5-6.
ORD # 99-342, PAGE 27
Sec. 5-144§. - 5-165. Reserved.
Sec. 5-167. Appeals.
Appeals made from any ruling under this article, except rulinl!s or decisions Dertaininl! to
enforcement of this article oranv of the codes adoDted hereunder, shall be pursuantto FWCC section
5-6.
Sec. 5-168.
Amendments - Uniform Code for the Ábatement of Dangerous buildings_-
Seetiölt 991 Aeeöultt öfExpl:nsc Filing öfRepört Amended.
(I) See 202 is amended as follows:
Section 202 Abatement of Dangerous Buildings. All buildings or portions thereof
which are determined after inspection by the building official to be dangerous as
defined in this code are hereby declared to be public nuisances and shall be abated
by repair, rehabilitation, demolition or removal in accordance with the procedure
specified in Section 40 I of this code as amended herein and FWCC Chapter l.
Article III. Ciyil Enforcement of Code. In the event of anv conflict between the
applicable proyisions of this code and FWCC Chapter I. Article III. the more
restrictiye Droyisions shall aDDlv.
(2) Section 205 is deleted in its entirety.
(3) Sec 401.2 is amended as follows:
Section 401.2 Notice and Order. The building official shall issue a notice and order
direeted t6 ilit: r<:eðrà ð.mef efthe bttildiltg. pursuant to FWCC Section 1-17. In
addition to the information reQuired bv FWCC Section 1-17, =f!he notice and order
shall contain:
I. The street addre3s and II legttl deseripti6n s11fiieient fer iàentifielltien ef the
premise3 tlpell nhieh the bttildit.g is l6elItt:d.
't-.L A statement that the building official has found the building to be dangerous
with a brief and concise description of the conditions found to render the building
dangerous under the provisions of Section 302 of this code.
J. A stlltcment efthc aetiðI. 1e be tftken It! determirn:d b) the bttilding effieittl.
J.I If the building effieittl hit! determined that the buildiftg II6r sfttletlire mtr:K be
repllÌred, the erdcr shttll relltlire thttt ttll relltlired permits be seemed therefor and the
n ðrk ph) siettll) eemmeneed .lÎthin 3t1eh time EMt 18 exeœd 69 da) s frem the dlItt:
ORD # 99-342, PAGE 28
afthe artieI') IIml e6mpleted .,ithin stIch time 113 the btlildiftg eftieilllshllli àetel'll'lifte
is rellJðI,able tinder tlK. eiretll1.stllflees.
3.2. If the btlilding eftieillll.tl3 detelmim:d thllt the btlildiftg IIðr 3ft ti<:tttr<. ft1t1M be
.!tellted, the endeI shalll<:qu¡I't thllt the bllilà¡ng BY s!rtlettlrt shall be ,!!eated ,titbin a time
eertftin fI'ßm the allte afthe artier 113 detl:l'II'Iineà by tOC bllilding eftieilll ta be Yell3eftltble.
3.3 If the bllilaing affieilll h83 aetermiftl:a thllt the btlild¡ng IIðr :Hmettlrt mwt be
dcmaliJhed, the 6Iàl:I shall rl:qnile Ibllt !I.e btlildiftg be .at:llted .,ithift stleh time lIS
the btlildiftg effieial shllli detem1ifte i3 I'tll3önable eMt ta exceed 69 Mys Ham the
dllte aftbe alder), thllt 1111 required pel'll'lits be seel1fea therefar .,¡thin 69 aftYs fI'ßm
the aMe afthe artier , IIfld thllt the àemalitiaft be eampleteà .,ithin 3t1l:h tim<: 113 the
btlildiftg effieial 3hllll à<:tel'll'line i3 rell3emtble.
4. b Statements advising that if any required repair or demolition work (without
vacation being also required) is not commenced within the time specified, the
building official (i) will order the building vacated and posted to prevent further
occupancy until the work is completed, and (ii) may proceed to cause to be done and
charge the costs thereof against the property or its owner.
5. Stlltements ad,ising (i) thllt ~ persaft ha,ing an) reeertl title ar leglll interest ift
the btlildiftg m) appeal far the netiee IIfld ertler er ~ !tetian af the btlilaing affic:illl
te the ball! a ef appeals, pIa. ided tOC lIpfJeal is made in .mtihg 113 pra. ia<:a in this
eeae and filed .,ith the btlilaing effieilll .,ithin J9 all) 3 .!fem the allte afseni<:<: af
3ul:h natiee and eral:I, and eiii) thllt fftihne ta apl'ell! .,iI! eenstitnte a .,1!Î.eI Bell!I
right ta an adluinistrllti.e hell1'Îftg lII'Ià àelelmil1fttian efthe matt<:!.
(4) Sections 401.4 and 401.5 are deleted in their entirety.
(5) Section 403 is amended as follows:
Section 403 Repair, Vacation and Demolition. The following standards shall be
followed by the building official (and by the ba!ll'à af al'l'eals hearin!!:s examiner if
an appeal is taken) in ordering the repair, vacation or demolition of any dangerous
building or structure:
I. Any building declared a dangerous building under this code shall be made to
comply with one of the following:
1.1 The building shall be repaired in accordance with the current building code or
other current code applicable to the type of substandard conditions requiring r~pair;
or
ORD # 99-342, PAGE 29
1.2 The building shall be demolished at the option of the building owner; or
1.3 If the building does not constitute an immediate danger to the life, limb, property
or safety of the public it may be yacated, secured and maintained against entry.
2. If the building or structure is in such condition as to make it immediately
dangerous to the life, limb, property or safety of the public or its occupants, it shall
be ordered to be vacated.
./
(6) Section 404.1 is amended as follows:
Section 404.1 Posting. Every notice to vacate shall be issued. served and nosted as
an Order to Cease Actiyitv under FWCC Section I - I 6, in atlàitiðn If) being 3el ,ed
~ pro,ided in 8e:etiðn 191.J, and shall be posted at or upon each exit of the building
and shall be in 3lib3larrti. el) t:h¡: fellð.. ing ff)rm: include the following wording:
DO NOT ENTER
UNSAFE TO OCCUpy
It is a misdemeanor to occupy this building, or to remove or deface this notice.
Building Official
City of Federal Wav
(7) Chapters 5 and 6 are deleted in their entirety.
(8) Sections 701.1 and 701.2 are deleted in their entirety.
(9) Chapters 8 and 9 are deleted in their entirety.
Sec. 5-162 - 5-215. Reserved.
Sec. 5-218. Enforcement.
The building official is charged with the duty of enforcing this article and determining
whether or not the provisions and requirements of this article have been complied with. Civil
enforcement of the nrovisions of this article and the tenns and conditions of anv nennit or
annroval issued nursuant to this article shall be governed bv FWCC Chanter I. Article 111. Civil
Enforcement of Code. Civil enforcement is in addition to. and does not limit anv other fonns of
enforcement available to the City including. but not limited to. criminal sanctions as snecified
herein or in FWCC Chanter 1. Articles 11 -111. nuisance and injunction actions. or other civil or
eQuitable actions to abate. discontinue. correct or discourage unlawful acts in violation of this
article.
ORD # 99-342, PAGE 30
Sec. 5-226. Appeal~ pt'6eeSS.
An) IIp ')eah of 81'1J deei3ion3 rendered ')\If:!llftftt tß tbÜ lIrtiek 3httI1 be made to Ii heMing
eXflmineI IIpfJôinted by the eity. Proeedl1rel rule3 eoneeming lippeah 3hft11 be IIJ pro. ided in
prðee33 I of eftttpter 22, Zoning. Appeals made ITom anv ruling under this article. except rulings
or decisions pertaining to enforcement of this article. shall be pursuant to FWCC section 5-6.
./
Sec. 5-322. Amendments.
The following amendments to the codes adopted in section 5-320 are hereby adopted:
Section 204 of the Unifonn Administrative Code as adopted by this chapter, is
hereby amended to read as follows:
(I)
Section 204. Appeals.
204.1 General. I IeMin:g3 and deei3ion3 of aAppeals of erders;-decisions; or
detenninations made by the Building Official relative to the application and interpretation of this
code, except orders. rulings or decisions pertaining to enforcement ohhis code. shall be made to
the Hearing Examiner pursuant to FWCC Sec. 5-6.
204.2 Limits of Authority. The Hearing Examiner shall have no authority relative to the
interpretation of the administrative provisions of this code nor shall the Hearing Examiner be
empowered to waive requirements of this code.
204.3 Enforcement. Civil enforcement of the provisions of this code and the tenns and
conditions of anv pennit or approval issued pursuant to this code shall be governed bv FWCC
Chapter 1. Article III. Ciyil Enforcement of Code. Civil enforcement is in addition to. and does
not limit anv other fonns of enforcement available to the Citv including. but not limited to.
criminal sanctions as specified herein or in FWCC Chapter 1. Articles II -III. nuisance and
injunction actions. or other civil or equitable actions to abate. discontinue. correct or discourage
unlawful acts in violation of this code.
(2) Section 301.1.3 of the Unifonn Administrative Code Provisions for the NEC is
amended to read as follows:
(b)
Exempt work. An electrical pennit shall not be required for the following:
1.
Portable motors or other portable appliances energized by means of
a cord or cable having an attaclunent plug end to be connected to
ORD # 99-342, PAGE 31
12.
an approved receptacle when that cord or cable is pennitted by this
code.
2.
Repair or replacement of fixed motors, transfonners or fixed
approyed appliances of the same type and rating in the same
locations.
3.
Temporary decorative lightin~.
Repair or replacement of current-carrying parts of any switch,
contractor or control device.
4.
5.
Reinstallation of attachment plug receptacles, but not the outlet
therefor.
6.
Repair and replacement of any over current device of the required
capacity in the same location.
7.
Repair or replacement of electrodes or transfonners of the same
size and capacity for signs or gas tube systems.
8.
Taping joints.
9.
Remoyal of electrical wiring.
10.
Temporary wiring for experimental purposes in suitable
experimental laboratories.
11.
The wiring for temporary theater, motion picture or television
stage sets.
A pennit shall not be required for the installation, alteration or
repair of electrical wiring, apparatus or equipment or the
generation, transmission, distribution or metering of electrical
energy or in the operation of signals or the transmission of
intelligence by a public or private utility in the exercise of its
functions as a serving utility.
Exemption from the pennit requirements of this code shall not be deemed to grant
authorization for any work to be done in violation of the proyisions of this code or
any other laws or ordinances of the jurisdiction.
ORD # 99-342, PAGE 32
B.
The following new sections are added to Chapter 5 of the Federal Way City Code,
as follows:
Sec. 5-7. Enforcement. [general)
Notwithstandinl! any proyision to the contrary. civil enforcement of the proyisions of this
article and the terms and conditions of anv permit or approval issued pursuant to this article shall
be I!overned bv FWCC Chapter I. Article III. Civil Enforce-ment of Code. Civil enforcement is
in addition to. and does not limit anv other forms of enforcement available to the Citv includinl!.
but not limited to. criminal sanctions as specified herein or in FWCC Chapter I. Articles II -III.
nuisance and injunction actions. or other civil or equitable actions to abate. discontinue. correct
or discoural!e unlawful acts in violation of this article.
Sec. 5-43. Enforcement. [administration)
Notwithstanding anv provision to the contrary. civil enforcement of the provisions of this
article and the terms and conditions of anv permit or approyal issued pursuant to this article shall
be goyerned bv FWCC Chapter I. Article III. Ciyil Enforcement of Code. Civil enforcement is
in addition to. and does not limit anv other forms of enforcement available to the City including.
but not limited to. criminal sanctions as specified herein or in FWCC Chapter I. Articles II -III.
nuisance and injunction actions. or other ciyil actions.
Sec. 5-92. Enforcement. [plumbing code)
Notwithstandinl! anv provision to the contrary. civil enforcement of the provisions of this
article and the terms and conditions of anv permit or approval issued pursuant to this article shall
be I!overned bv FWCC Chapter I. Article III. Civil Enforcement of Code. Civil enforcement is
in addition to. and does not limit anv other forms of enforcement available to the City includinl!.
but not limited to. criminal sanctions as specified herein or in FWCC Chapter I. Articles II -III.
nuisance and injunction actions. or other civil oreauitable actions to abate. discontinue. correct
or discoural!e unlawful acts in violation of this article.
Section 7. Amendment. Chapter 10 of the Federal Way City Code shall be
amended as follows:
Sec. 10-29. PertaIty Enforcement.
¡'ill) peI3ð!'l .. ftô . iôlllte3 the: prô . i3iôfl3 ôf tfti3 artiele: 3ftall be: 3ttbjeet tô !I e:i. il fine net lô
e:Keee:à $25Ð.OÐ fðr II :I1r3t Ô£fc!'l3e:. Ciyil enforcement of the provisions of this chapter shall be
ORD # 99-342, PAGE 33
governed bv FWCC Chapter I. Article III. Civil Enforcement of Code. Civil enforcement is in
addition to. and does not limit any other fonns of enforcement available to the CitY including.
but not limited to. criminal sanctions as SDecified herein or FWCC Chapter 1. Articles II -III.
nuisance and injunction actions. or other civil or eQuitable actions to abate. discontinue. 'COrrect
or discourage unlawful acts in violation of this chapter. For.second and subsequent offenses
violations of the Droyisions of this chapter. the person shall also be guilty ofa misdemeanor and
upon conyiction shall be punished as provided in section I-B.
./
Section 8. Amendment. Chapter II of the Federal Way City Code shall be
amended as follows:
Sec. 11-53. ResDonsibility PI'681:C1IftöD for violation.
Anyone concerned in the violation of this article, whether directly committing the act or
omitting to do the thing constituting the offense, or who aids or abets the same, shall be a
principal under the tenns of this article, and may be Drosecuted and haye the code enforced
against him or her shall be prðeeelkd IIgIlÍ!\3t IInd l'1'6seetlocd as such.
Sec. 11-54. Enforcement Penal~ rot . iölatiðD.
(a) Ciyil enforcement of the Drovisions of this article shall be goyerned bv Federal Wav
City Code Chapter I. Article III. Civil Enforcement of Code. Civil enforcement is in addition to.
and does not limit any other fonns of enforcement available to the CitY including. but not limited
to. criminal sanctions as sDecified herein or in FWCC Chapter 1. Articles II -III. nuisance and
injunction actions. or other ciyil or eQuitable actions to abate. discontinue. correct or discourage
unlawful acts in violation of this article.
ill Conviction of a violation of or failure to comply with the provisions of this article
shall also constitute a misdemeanor and shall be punished as provided in section 1-13, except for
violations of provisions that constitute gross misdemeanors, conviction of which shall be
punished by a fine not to exceed $5,000.00 or imprisonment in jail not exceeding one year, or by
both such fine and imprisonment.
Section 9. Amendment. Chapter 12 of the Federal Way City Code shall be
amended as follows:
Sec. 12-21. Administration and Enforcement.
ORD # 99-342, PAGE 34
~ The director, or the director's representative, is hereby authorized and directed to
administer the collection and disposal of all garbage, recyclables and yard waste in the city. and
to enforce the provisions of this chapter.
b Civil enforcement of the rovisions of this article as a ainst all ersons other than
authorized franchisees. shall be governed bv Federal Wav City Code Chapter 1. Article III. Ciyil
Enforcement of Code. Ciyil enforcement is in addition to. and does not limit anv other forms of
enforcement available to the City including. but not limited to. criminal sanctions as sDecified
herein or in Federal Wav Citv Code section 1-13. nuisanct" and injunction actions. or other ciyil
or e uitable actions to abate discontinue correct or discoura e unlawful acts in violation of this
article. Enforcement of the provisions of this article and chapter against authorized franchisees
shall be as provided bv the applicable ftanchise agreement and as otherwise Droyided by law.
including but not limited to criminal sanctions as specified herein or in Federal Wav cÚv Code
section 1-13. nuisance and injunction actions. or other civil or eQuitable actions to abate
discontinue. correct or discourage unlawful acts in yiolation of this article.
Section 10. Amendment. Chapter 16 of the Federal Way City Code shall be
amended as follows:
Sec. 16-37. Enforcement officer.
The public works department director or designee shall be responsible for the
in.e3tigation of .iolatiöllJI enforcement of the provisions of this division.
Sec. 16-38. Criminal Enforcement pemtJty.
Any person conyicted ofyiolating any provision of this division shall be punished by a
fine of not more than $5,000.00 or imprisonment for not more than six months, or both, by such
fine and imprisonment for each day or part of a day during which the unlawful act or violation
occurs. The property owner or other person may also be ordered to discontinue the unlawful act
or correct the yiolation. Criminal enforcement is in addition to. and does not limit anv other
forms of enforcement available to the City including but not limited to. civil enforcement as
specified herein or FWCC Chapter 1. Article III. nuisance and injunction actions. or other civil or
equitable actions to abate. discontinue. correct or discourage unlawful acts in violation of this
division.
Sec. 16-39. Civil Enforcement pemtJty.
An) per30n ..no iÏðlate3 or flli13 to comply .lith fill) pre .i3ion oftlii3 e!i.i3Ìon ane! the
o'"ner of the I'ropel't) 111'011. ..meh a . iolatioll. of thi3 e!i. i3ion exi3t3 or i3 loeated i3, ih additioll. to
ORD # 99-342, PAGE 35
~ ~~~n~ ~:I!IIit), 3öbjeet t8 B.l1UIXÏIð:tIID. d, il ¡¡chait) ðf $5,099.99 f8r e!lt:h IIII'} ör ptJrti61! of
~ftt dB.) M.M B. ~iölltti81! ~8~lItIe3, exee~ thM.the ö.l/!e~ eftfte.pl'6~ert) tll'en ..hi~~ ~ ;~~iön
:.~~e~~~I~~ ~~1,3t~, ..hô l311l1!ð. nil'} aetl,e.ly m,~I,e~ II! the 'lðl~len, 3hl111 be 3~v ~~.~ :'~ -
el.JI f'\.-'"fUtlt) enl) lfhe 61 8ht: fll113 tö eölleet the .Jöllttl81! lifter beu1g örllerell tð II s I e he
prð.i3iöl!3 öfthi3 di.i3iô/!.
Civil enforcement of the Dfovisions of this division shall be Iwvemed bv Federal Way
Citv Code Chanter I. Article III. Ciyil Enforcement of Code. Civil enforcement is in addition to.
and does not limit anv other fonns of enforcement availablê to the City including. but not limited
to. criminal sanctions as snecified herein and in FWCC Chanter I. Articles II -III. nuisance and
iniunction actions. or other civil or equitable actions to abate. discontinue. correct or discourage
unlawful acts in violation of this division.
Sec. 16-40. Otllel legaf 1 emedics Reserved.
Nöthing il! this w.i3iön limits the right öfthe tit) tö I'tII'Sl:Ie etœr IIl..wl eIÎmil!al, ti.il 61
eql:litllble remtàÌé;s lö Mltte, di3eðntilltle, eðlIeet ör di3tôtllB.gt MIIl.nul aelJ in .iôllttiöl! öfthis
tlivtsttm-.
Section 11. Amendments. Chapter 20 of the Federal Way City Code shall be
amended as follows:
Sec. 20-5. Violations, enforcement and penalties.
(a) Any person or any agent thereof who diyides land into lots, tracts, or parcels ofland
and sells or transfers, or offers or advertises for sale or transfer, any such lot, tract or parcel
without having a final plat, short plat, boundary line adjustment, or binding site plan filed for
record, or who otherwise violates or fails to comply with any of the provisions of this chapter, or
any amendment thereto, shall be guilty of a gross misdemeanor punishable by a fine of not more
than $5,000.00 for each offense. Each such sale, offer for sale, lease or transfer of each separate
lot, tract or parcel of land shall be deemed a separate and distinct offense; provided, however, an
offer or agreement to sell, lease, or otherwise transfer a lot, tract or parcel of land following
preliminary plat approval shall not be deemed in violation of this chapter ifperfonnance of the
offer or agreement is expressly conditioned on the recording of the final plat containing the lot,
tract or parcel. All payments on account of an offer or agreement conditioned as provided in this
section shall be deposited in an escrow or other regulated trust account and no disbursement to
the seller shall be pennitted until the final plat is recorded.
(b) Whenever land within a subdiyision granted final approval is used in a manner or for
a purpose which violates any provision of this chapter, any provision of the local subdivision
regulations, or any tenn or condition of plat approval prescribed for the plat by the local
government, then the prosecuting attorney, or the attorney general if the prosecuting attorney
ORD # 99-342, PAGE 36
shall fail to act, may commence an action to restrain and enjoin such use and compel compliance
with the provisions of this chapter or the local regulations, or with such terms or conditions. The
costs of such action may be taxed against the violator.
(c) Any person who violates any court order or injunction issued pursuant to this chapter
shall be subject to a fine of not more than $5,000.00 or imprisonment for not more than 90 days
or both.
(d) No building permit, septic tank permit, or othëf" deyelopment permit, shall be issued
for any lot, tract, or parcel ofland divided in violation of this chapter or local regulations adopted
pursuant thereto unless the authority authorized to issue such permit finds that the public interest
will not be adversely affected thereby. The prohibition contained in this section shall not apply to
an innocent purchaser for value without actual notice. All purchasers' or transferees' property
shaH comply with provisions of this chapter and each purchaser or transferee may recover his or
her damages from any person, firm, corporation, or agent selling or transferring land in yiolation
of this chapter or local regulations adopted pursuant thereto, including any amount reasonably
spent as a result of inability to obtain any development permit and spent to conform to the
requirements of this chapter as well as cost of investigation, suit and reasonable attorneys' fees
occasioned thereby. Such purchaser or transferee may as an alternative to conforming his
property to these requirements, rescind the sale, or transfer and recover costs of investigation,
suit and reasonable attorneys' fees occasioned thereby.
(e) In the alternative or. to the extent aHowed bv law. in addition to the remedies
prescribed in this section. the city, through its authorized agents, may commence an action to
enforce this chapter. anv local subdivision regulation or anv term or condition of plat approval
prescribed bv the City Council. according to Federal Wav City Code Chapter I. Article III. Civil
Enforcement of Code. Civil enforcement is in addition to. and does not limit anv other forms of
enforcement available to the Citv including. but not limited to. criminal sanctions as specified in
this section and in FWCC Chapter I. Articles II -III. nuisance and injunction actions. or other
civil or equitable actions to abate. discontinue. correct or discourage unlawful acts in violation of
this chapter. anv local subdiyision regulation or anv term or condition of plat approval prescribed
by the City Council. The City may also. commence an action to restrain and enjoin violations of
this chapter or of any term or condition of plat approval prescribed by the city, and/or to compel
compliance with the provisions of this chapter, or with such terms or conditions. In the event
such action is commenced. 'f!he costs of such action may be taxed against the violator.
Section 12. Severability. The provisions of this ordinance are declared separate
and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion
of this ordinance or the invalidity of the application thereof to any person or circumstance, shaH
ORD # 99-342, PAGE 37
not affect the validity of the remainder of the ordinance, or the Yalidity of its application to any
other persons or circumstances.
Section 13. Ratification. Any act consistent with the authority and prior to the
effective date of this ordinance is hereby ratified and affinned.
Section 14. Effective Date. This ordinancé shall be effectiye thirty (30) days
after passage and publication as provided by law.
PASSED by the City Council of the City of Federal Way this 4th day of May,
1999.
CITY OF FEDERAL WAY
.¿ Q1/~
MA ýOR, RON GINTZ
~
E GREEN, CMC
APPROVED AS TO FORM:
~TÇ~L~ ~ :
FILED WITH THE CITY CLERK: 4/19199
PASSED BY THE CITY COUNCIL: 5/4/99
PUBLISHED: 5/8/99
EFFECTIVE DATE: 6/7/99
ORDINANCE NO. 99-342
K,\cd\ordina\ci~io13
ORD # 99-342, PAGE 38