ORD 09-597
ORDINANCE NO. 09-597
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
W ASIDNGTON, RELATING TO CIVIL CODE ENFORCEMENT, ADDING
SECTIONS, AMENDING SECTIONS, AND REPEALING SECTIONS IN
CHAPTERS 1, 5, 8, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, AND 22 OF THE
FEDERAL WAY CITY CODE.
WHEREAS, the City of Federal Way is in the process of re-codifying and reorganizing the Federal
Way City Code (FWCC) into the Federal Way Revised Code (FWRC) and through this process has found
redundant sections and language as well as unclear sections, inaccurate sections, and other sections that
could be revised for better readability and workability; and civil code enforcement regulations can be
simplified and consolidated;
WHEREAS, certain Code provisions need to be modified to coordinate with state and county law
requirements in areas of civil code enforcement;
WHEREAS, none of the changes to the FWCC contained in this ordinance are intended to change
numbering or formatting changes that occur pursuant to the reorganization of the Code and;
WHEREAS, the City Council of the City of Federal Way finds it in the best interest of the City to
update its code, and amending these sections bears a substantial relation to public health, safety, or
welfare of the people of Federal Way; is consistent with the applicable provisions of the comprehensive
plan; and is in the best interest of the residents of the city;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY,
WASHINGTON, DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 1, Article I, Section 1-1 of the Federal Way City Code shall be amended to read
as follows:
1-1 How Code designated and cited.
The ordinances embraced in the following chapters and sections shall constitute and be designated the
Federal Way Gity Revised Code, and may be so cited. The Code as it existed prior to 2008 was known as
the Federal Way City Code and a reference to either. or a section of either, shall be deemed a reference to
the other or the corresponding section of the other.
Ordinance No 09-597
Page 1 of36
SECTION 2. Chapter 1, Article I, Section 1-2 of the Federal Way City Code shall be amended to read
as follows:
1-2 Definitions and. Fules of eOBstruetion.
In the constructian. af this Code, and af all ordinafloes, the f0llov/mg rules shall be ooserved, l:IDless
such construction would be inconsistent with the maflif-est iflteflt of the city oal:lfloil:
The definitions in this section apply throughout the Code unless the context clearly requires
otherwise or they are more specifically defined in a title. chapter. subchapter. or section. Terms not
defined shall be given their usual meaning.
Abate means to repair, replace. remove. destroy. or otherwise remedy a condition which
constitutes a violation of this chapter by such means and in such a manner and to such an extent as the
applicable department director. enforcement officer. or other authorized official determines is necessary
in the interest of the general health, safety. and welfare of the community.
Act means doing or performing something.
Applicant means a person who. whether personally or through an agent. seeks. requests. submits.
or applies for any permit. approvaL license, franchise. development proposaL or capacity reserve
certificate (CRC); and also a person who is the owner of a property in the City of Federal Way who is
engaged. whether personally or through an agent. in development. Applicant includes both the principal
and any agent.
Boards, eommittees, caHlfH:issians, officers, employees, departments, etc~ 'Nhenever referenee is
made to a baard, committee, eammission, offieer, employee or department, etc., it shall tneafl the same as
ifit were followed by the vlords "afthe city ofFeGeral Way, Wasmngtan."
City. The Y/ord "oity" shall mean means the City of Federal Way, Washington, and shall extend
to and include its several officers, agents~ and employees.
City council, council. The terms "city cauncil" and "council" shall mean or council means the
city council of the City of Federal Way, Washington acting in its official capacity.
Civil violation means a violation for which a monetary penalty may be imposed. except traffic
infractions
Code. The 'Nord "Cade" shall mean means the Federal Way Gity Revised Code (FWRC) , and
includes any valid ordinances adopted by the City even though they have not been codified.
Computation of time. In computing any period af time prescribed or allawed by this Code, the
day of the aot, event or default from which the designated period of time begin.s to fl:lfl shall nat be
included. The last day of the period so computed shall be included l:lflless it is a Saturday, Sl:lflday or legal
holiday in which event the period shall run l:lfltil the end of the next day whioh is neither a Sana-day,
Sunday or legal holiday. When the period of time prescribed or allowed is less than seven days,
intermediate Saturdays, Sundays and legal holidays shall be exeluded in the computation.
Costs means, but is not limited to. contract expense and city employee labor expense incurred in
abating a nuisance; a rental fee for city equipment used in abatement costs of storage. disposaL or
destruction; legal expenses and attorneys' fees associated with civil iudicial enforcement of abatement
orders or in seeking abatement orders; and any other costs incurred by the city excluding. however. fees
and expenses associated with appeals authorized by this chapter or by state law.
County. Whenever the word "oounty" is used it shall mean and refer to means King County,
Washington.
Curb means a cement, concrete. or asphaltic concrete raised structure designed to delineate the
edge of the street and to separate the vehicular portion from that provided for pedestrians.
Delegation of authority. Whenever a proyision appears reqiliring the head af a department af
some other city officer or employee to do some aot Of perform some ooty, it shall be construed to
authorize the ~ head of the department or ather offieer or employee ta designate, delegate~ aHd
authorize subordinates to perform the required act or perform the duty unless the terms of the provision or
Ordinance No 09-597
Page 2 of36
seetion specify otherwise and except f{)r signing checks, execution of eontrasts~ ami other duties regarding
finance.
Development means any human activity consisting of any construction. expansion. reduction.
demolition. or exterior alteration of a building or structure; any use. or change in use. of a building or
structure; any human caused change to land whether at. above. or below ground or water level; and any
use. or change in use. of land whether at. above. or below ground or water level. Development includes.
but is not limited to. any activity that requires a permit or approval under zoning ordinances. subdivision
ordinances. building code ordinances. critical areas ordinances. all portions of a shoreline master
program. surface water ordinances. planned unit development ordinances. binding site plan ordinances.
and development agreements; including but not limited to any activity that requires a building permit.
grading ~ermit. shoreline substantial development permit. conditional use permit. special use permit.
zoning variance or reclassification. subdivision. short subdivision. urban planned development. binding
site plan. site development. or right-of-way use permit. Development also includes. but is not limited to.
filling. grading. paving. dredging. excavation. mining. drilling. bulkheading. driving of piling. placing of
obstructions to any right of public use. and the storage of equipment or materials.
Development regulation means controls placed on development or land uses. but does not include
decisions to approve a proiect permit application even though they may be expressed in a resolution or
ordinance.
Emergency means a situation which in the opinion of the applicable department director or
decision maker requires immediate action to prevent or eliminate an immediate threat to the health.
welfare. or safety of persons. property. or the environment.
Enforcement official or enforcement officer means any official designated by ordinance or by the
city manager to enforce the provisions of the Code or a section or sections of the Code and includes the
city building official. city code enforcement officers. and law enforcement officers.
Gender. A 'Nerd importing either the masculine er feminiFl:e gender shall extefl:d and be applied to
both the masculine and femiRine genders, afld to firms, partRersfl.i.ps aRd cOIflerations.
Highway. The term "high'.vay" shall include includes any street, alley, a';enue or pOOlie plase ar
square, bridge, viaduct, tunnel, underpass, overpass~ or causeway. or public place in the city dedicated or
devoted to public use.
"Keeper and proprietor". The words "keeper" and "proprietor" shall mean and iflelude persens,
firms, assoeiations, corporations, eloos and eopartRerships, whether aetiflg by themselves er thre\:lgh a
servant, agent~ ar employee.
Knowledge means being aware of a fact or circumstance or having information which would lead
a reasonable person in the same situation to believe a fact or circumstance exists. A person acts
knowingly or with knowledge when that ~erson either is aware of one or more facts. circumstances. or
results described by an ordinance defining an offense; or the person has information which would lead a
reasonable person in the same situation to believe that facts. circumstances. or results exist which are
described by an ordinance defining an offense.
Month. The ward "month" shall mean means a calendar month.
Number. }.. word importing the singular may extend and be applied to the plural, and viee versa.
Oath. The word "oath" shall ine1ude includes an affirmation in all eases in which where, by law,
an affirmation may be substituted for an oath, and in such cases the words "swear" and "sworn" shall be
equivalent to the words "affirm" and "affirmed."
Occupant means any person occupying or having possession of property or any portion thereof.
Omission means a failure to act.
Owner. The ';Iord "mvner" as applied to a building or land shall include includes any part owner,
joint owner, tenant in common, tenant in partnership, joint tenant~ or tenant by the entirety, of the whole
or of a part of such building or land.
Person. The ':lord "person" shall extend and be applied te associations, clubs, sesieties, fams,
partnerships and bodies politic and corporate as well as te individuals.
Ordinance No 09-597
Page 3 of 36
Person means one or more individuals. firms. partnerships. corporations. sole proprietorships.
trusts. incorporated or unincorporated associations. clubs. societies. marital communities. ioint ventures.
governmental entities. agencies. or other entities or grOUpS of persons. however organized.
Personal property. The term "personal property" includes every species of property except real
property .
Property. The word "property" shall include includes real, personat and mixed property.
Proprietor includes any person whether acting by themselves or through a servant. agent. or
employee.
Publio plaoe. The term "flublie plaoe" shall mean any plaoe subject to the primary eantrol of any
publio agenoy, including but not limited to any park, street, publio 'Nay, eemetery, sohoolyard or open
spaee adjaeent thereto and any lake or stream.
Public place means any place that is in common use by. or expressly or impliedly open to. the
public. whether owned or operated by public or private interests. and includes but is not limited to any
street. right-of-way. parking area. sidewalk. plaza. playground. school ground. park. cemetery. lake.
stream. public conveyance. or business establishment open to the public.
RCW means the Revised Code of Washington.
Real property. The term "real property" shaH inelude includes lands, tenements~ and
hereditaments.
Right-of-way means land owned. dedicated or conveyed to the public or a unit of government.
used primarily for the movement of vehicles or pedestrians and providing for access to adiacent parcels.
with the secondary purpose of providing space for utility lines and appurtenances and other devices and
facilities benefiting the public. Right-of-way includes. but is not limited to. any street. easement.
sidewalk. or portion thereof under the iurisdiction of the city.
Sidewalk. The word "side'Nalk" shall mean means any hard-surfaced walkways within a right-of-
way between the portion of the road designed or ordinarily used for vehicular travel an-y portion of a street
between the eurbHne and the adjacent property line, intended for the use of, or ordinarily used by,
pedestrians or bicycles, including driveways.
Signature or subscription. The word "signature" ar "subsoription" means the act of writing or
affixing in any way a person's name or mark. whether personally or by direction or adoption. or result of
such act. includes a mark v/hen the person oannot ',vrite.
State. The term "state" shall mean means the State of Washington.
Street. The 'Nord "street" shall embrace means any streets, avenues, boulevards, roads, alleys,
lanes, viaducts~ and all other public ways in the city.
Tenant, or occupant. The words "tenant" and "ooeupaRt" as applied to a building or land shall
inelude includes any person holding a written or oral lease of, or who occupies the whole or part of such
building or land, either alone or with others.
Tense. Words used in the past or present tense include the future as well as the flast and present.
Violation means an act or omission contrary to a provision or regulation of the Code. including
but not limited to any development regulations; all standards. regulations. or procedures adopted pursuant
to the Code; and the terms and conditions of any permit or approval issued pursuant to the Code; and
includes any act or omission at the same or different locations by the same person.
Written and or in writing. The words '\vritten" and "in y,r.riting" shall inelude includes any
representation of words, letters~ or figures, whether by printing or otherwise.
SECTION 3. Chapter 1, Article I, Section 1-3 of the Federal Way City Code shall be amended to read
as follows:
1-3 Cateklines of seetions. Rules of Construction
The oatehlines of the seyeral seotions of this Code printed in boldface type are iH.-tcnded as mere
oatoh'Nords to indioate the ooH.-tents of the sections and shall not be deemed or taken to be titles of suoh
Ordinance No 09-597 Page 4 of36
sections, nor as any part of the sections; nor, unless EH(pressly so pra','ided, shall they be sa deemed when
any of such seetions, ineluding the catehlines, are amended or reenacted.
In the construction of the Code the following rules shall be followed. unless such construction would
be inconsistent with the manifest intent of the city council. including as evidenced through a more
specific provision in the code. or where the context clearly indicates a different construction.
(1) Boards, committees. commissions, officers. hearing examiners. employees, departments, etc.
Whenever reference is made to a board. committee. commission. officer. hearing examiners employee or
department. etc.. it means the same as if it were followed by the words "of the city of Federal Way.
Washington."
(2) Captions. Captions. catchlines. and headings used in the Code are not any part of the law.
unless expressly so provided.
(3) Citations. Citations to Titles. chapters, sections. or subsections shall be presumed to be those
of the FWRC unless the context indicates the citation is intended to refer to the FWCC. RCW. or other
document.
(4) Computation of time. In computing any period of time prescribed or allowed by this Code. the
day of the act. event or default from which the designated period of time begins to run shall not be
included. The last day of the period so computed shall be included unless it is a Saturday. Sunday, or
legal holiday in which event the period shall run until the end of the next day which is neither a Saturday.
Sunday. or legal holiday. When the period of time prescribed or allowed is less than seven days.
intermediate Saturdays, Sundays. and legal holidays shall be excluded in the computation.
(5) Delegation. Whenever a provision appears requiring the head of a department or some other
city officer or employee to do some act or perform some duty, it shall be construed to authorize the person
to designate. delegate. and authorize subordinates to perform the required act or perform the duty unless
the terms of the provision or section specify otherwise and except for signing checks. execution of
contracts, and other duties regarding finance.
(6) Gender. A word using or implying either the masculine or feminine gender extends and
applies to both the masculine and feminine genders. and to all persons.
(7) Liberal construction. The provisions of this code shall be liberallv construed and shall not be
limited by any rule of strict construction.
(8) May. The word 'may' is discretionary.
(9) Number. A word importing the singular may extend and be applied to the plural and vice
versa.
(0) Prohibitions and permitting. Words prohibiting anything being done. except in accordance
with a license or permit or authority from a board or officer. shall be construed as giving such board or
officer power to license or permit or authorize such thing to be done.
(1) Reference to. or adoption of. a statute, code. or ordinance includes and incorporates the
statute. code. or ordinance as it exists or is enacted at the time of the reference or adoption, as well any
future changes. amendments, re-codifications. additions, or deletions in that statute. code, or ordinance
that may thereafter occur unless a contrary intent is clearly expressed. and such statute. code, or ordinance
shall be given the same force and effect as if set forth in full. Whenever the word state shall appear in any
statute adopted by reference in this chapter. the word city shall be substituted; provided. however. the
term city shall not be substituted for the term state in those circumstances that set forth administrative or
licensing duties of the state and its subdivisions. Whenever a state statute specifically adopted in this
chapter refers to another state statute not specifically adopted in this chapter. the statute referred to shall
be given the force and effect necessary to enforce the statute specifically adopted in this chapter. Statutes
and codes adopted by reference by this Code shall be harmonized with other provisions of this Code to
the extent practicable but if they are in direct conflict with other provisions ofthis Code that are explicitly
articulated, the articulated provisions control.
(2) Registered mail. Whenever the use of "registered" mail is authorized by this code. "certified"
mail. with return receipt requested. may be used.
(3) Shall. The word 'shall' is mandatory.
Ordinance No 09-597
Page 5 of36
(14) Tense. Words used in the past or present tense include the future as well as the past and
present.
SECTION 4. Chapter 1, Article III, Section 1-15 of the Federal Way City Code is hereby repealed as
follows:
1 IS Definitions.
In this chapter, unless a different meaning is plaiFlly required:
(a) f~ot means doing or performing something.
(b) Civil yiolation means a violation of a provision of a city de'/elopment regl:lla-tion for whioh a
monetary penalty :may be imposed under this ehapter. BaeR day or portion of a day d1:lriFlg whieh a
violatioFl oeeurs or ~mjsts is a separate violation. Traffie infraetions pursuaFlt to Chapter 11 FWCC are
specifically exeluded from the applieation of this chapter.
(c) Development means the ereotion, alteration, enlargemeflt, demolition, maintenanoe or l:lse of
any struoture or the alteration or l:lse of any land above, at or beloy! ground or ':later level, and all aets
authorized by a oity development regulation.
(d) Development regulation means and inoll:ldes the following, as of or after the eff-eotiye date of
the ordinanoe eodified in tlHs ehapter:
(1) Chapter ~ F\VCC, Buildings and Bl:lildiFlg Regulations;
(2) Chapt-er ~ FWCC, Fire Prevention and Proteetion Code;
(3) Chapter.lQ FV/CC, }-klisanoes Code;
(1) Chapter 11 FWCC, Parks and Recreation Code;
(5) Chapter 12. FWCC, Solid \Vaste Code;
(6) Chapter II FWCC, Streets, Sidewalks and Certain Other Plaoes Code;
(7) Chapter li FWCC, Utilities Code;
(8) Chapter 2Q F'NCC, Subdivision Code;
(9) Chapter II FV/CC, Zoning Code;
(10) ,^..11 standards, regulations and prooedures adopted pursuant to the above; and
(11) The terms and eonditions of any permit or approval issued pursuaffi to the above.
(e) "Emcrgcney'" means a situatiofl Y/hieh in the opinion of the applicable department mreetor
requires immediate aetion to preyeR-t or eliminate an immediate thi-eat to the health or safety of persons,
property, or the envirofH'flent.
(f) "Enforcement ojJicisf' means the eity building offieial, city oode enforeement offioers, and all
other city officials designated by ordinance or by the oity manager for l'HHposes of enforcing the
provisions of this or other ehapters and codes designated therein.
(g) Hearing examiner means the Federal Way hearing examiner and the offiee thereof.
(h) Omission means a failure to act.
(i) Person ifleludes an-y natural person, any oorporation or any l:lflifleorporated assoeiation or
partnership.
(j) Violation means an aot or omission contrary to a oity developmeR-t regulation inoll:ldi+1g an aot
or omission at the same or different looations by the same person. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 5. Chapter 1, Article III, Section 1-14, of the Federal Way City Code shall be amended to
read as follows:
1-14 Purpose.
The purpose of this article is to establish an efficient, civil administrative system to enforce the
development regulations of the city, to provide an opportunity for an appeal of determinations of
Ordinance No 09-597
Page 6 of 36
violations and prompt hearings and decisions on any such appeals, to establish monetary penalties for
violations, and to provide for the collection of said penalties.
It is the express and specific purpose and intent of this article to provide for and promote the health,
safety and welfare of the general public and not to create or otherwise establish or designate any
particular class or group of persons who will or should be especially protected or benefitted by the terms
of this article.
It is also the express and specific purpose and intent of this article that no provision nor any term used
in this article is intended to impose any duty whatsoever upon the city or any of its officers or employees.
Nothing contained in this article is intended nor shall be construed to create or form the basis of any
liability on the part of the city, its officers, employees or agents, for any injury or damage resulting from
any action or inaction on the part of the city, its officers, employees or agents. (Ord. No. 99-342, ~ 3, 5-4-
99)
SECTION 6. A new section is added to Chapter 1, Article III, of the Federal Way City Code to read
as follows:
1-14.5 Applicability
Civil enforcement of the provisions of this Code or the terms and conditions of any permit or
approval issued pursuant to this Code shall be governed by this chapter unless other more specific
provisions apply. This chapter may be used to address or enforce the code against any violation. Each day
or portion of a day during which a violation occurs or exists is a separate violation. Aiding or abetting a
violation of another is also a violation. Notwithstanding any provision to the contrary. any civil
enforcement of the provisions of this Code or the terms and conditions of any permit or approval issued
pursuant to this Code is in addition to. and does not preclude or limit any other forms of enforcement
available to the City including. but not limited to. criminal proceedings or sanctions. nuisance and
iniunction actions. or other civil or equitable actions to abate. discontinue. correct. or discourage unlawful
acts in violation of this article. Code enforcement officers are authorized to enforce the Code using the
provisions and procedures of this chapter.
SECTION 7. Chapter 1, Article III, Section 1-16 of the Federal Way City Code is hereby amended to
read as follows:
1-16 Order to cease activity.
(a1) Issuance. Whenever the enforcement officer determines that any aetivity is being eond\:leted or
any de'/elopment is oeeurring that does not eonform to the applieable provisions of this Code, or that ei'.il
~ violation otherwise exists, he or she may issue an order to cease activity directing any person causing,
allowing~ an6for participating in the offending conduct to cease such activity or conduct immediately.
(92.) PostiHg and serviee Service of order. The enforcement official shall serve the order upon the
person to whom it is directed, either by: (1) Delivering delivering it personally; or ~ JIT mailing a
copy of the order to cease aetivity i1 by registered or certified mail, postage prepaid, return reeeipt
requested, to such person at hisIheF his or her last known address and by posting a copy of the order to
cease activity conspicuously on the affected property or structure, or as near to the affected property or
structure as feasible.
If service is not accomplished by personal service and if an address for mailed service cannot be
ascertained. service shall be accomplished by posting a copy of the order conspicuously on the affected
property or structure. If service is by personal service, service shall be deemed complete immediately. If
service is made by maiL service shall be deemed complete upon the third day following the day upon
which the order is placed in the maiL unless the third day falls on a Saturday. Sunday. or legal holiday. in
which event service shall be deemed complete on the first day other than a Saturday. Sunday. or leeal
Ordinance No 09-597
Page 7 of 36
holiday following the third day. If service is made by posting. service shall be deemed complete on the
third day following the dav the order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of service and the manner by
wffiefl of service Y/as made. Any failure of the person to whom the order to cease activity is directed to
observe the posted order or to actually receive the mailed order shall not invalidate service made in
compliance with this section, nor shall it invalidate the order to cease activity.
(eJ) Appeal of order to cease activity. An order to cease activity may be appealed under the
procedures set forth in FWCC 1-19. During any such appeal, the order to cease activity shall remain in
effect.
(61) Effect of order to cease activity. When an order to cease activity has been issued, posted and/or
served pursuant to this section, it is unlawful for any person to whom the order is directed or any person
with actual or constructive knowledge of the order to conduct the activity or perform the work covered by
the order, even if the order to cease activity has been appealed, until the enforcement officer has removed
the copy of the order, if posted, and issued written authorization for the activity or work to be resumed.
Violation of an order to cease activity constitutes a misdemeanor punishable by a fiRe of up to $1,000, or
imprisonment f-or up te R:iRety (90) days, or both. In addition. a monetary penalty shall accrue for each
day or portion thereof that a violation of an order to cease activity occurs. in the same amounts as under
FWCC 1-17( e ). In addition to such criminal or monetary penalties, the city may enforce the order to cease
activity in accordance with FWCC 1-21 below, andfef enforce it in superior court. (Ord. No. 99-342, S 3,
5-4-99)
SECTION 8. Chapter 1, Article III, Section 1-17 of the Federal Way City Code is hereby amended to
read as follows:
1-17 Notice of violation and order to correct.
(a) Issuance. Whenever the enforcement official determines that a eWil violation has occurred or is
occurring, hefshe he or she may issue ~ notice of violation and an order to correct ("notice and order") to
the property o',vner or to any person causing, allowing aadfor participating in the violation. including the
property owner. The notice and order issued pursuant to this section represents a determination that a
violation of this Code has been committed. This determination is final and conclusive unless appealed as
provided herein.
(b) Content. The enforcement official shall include the following in the notice and order:
(1) The name and address of the property owner and/or other person to whom the notice and
order is directed;
(2) 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;
(3) A description of the violation and a reference to that provision of a city development
regulation which has been violated;
(4) A statement of the action required to be taken to correct the violation as determined by the
enforcement official and a date or time. not less than three days after service of the notice and order. by
which correction is to be completed;
(5) A statement that the person to whom the notice and order is directed must:
a. Complete correction of the violation by the date stated in the notice; ef
b. Appeal the notice and order as provided in FWCC 1-19; or
c. Enter and comply with a voluntary correction agreement with the City: and
(6) A statement that, if StlGh the violation is not corrected and the notice and order is not appealed,
a voluntary correction agreement is not entered or complied with. or a hearing examiner so orders or the
person does not comply with a hearing examiner's order. a monetary penalty in an amount per day for
each violation as specified by FWCC l-l7(e) shall accrue against the person to whom the notice and
Ordinance No 09-597
Page 8 0136
order is directed for each and every day, or portion of a day, on which the violation continues following
the date set for correction. and that the violation may be abated by the city under FWCC 1-21 with costs
assessed against the person.
(c) Service of notice and order. The enforcement official shall serve the notice and order upon the
person to whom it is directed, either by-:-fltI)!!elivering it personally; or~ By mailing a copy of i! the
order to eorreot '.'iolation by registered or certified mail, postage prepaid, return reeeipt requested, to such
person at fli.sIhef: his or her last known address and by posting a copy of the notice and order
conspicuously on the affected property or structure.
If service is not accomplished by personal service and if an address for mailed service cannot be
ascertained. service shall be accomplished by posting a copy of the notice and order conspicuously on the
affected property or structure. If service is by personal service. service shall be deemed complete
immediately. If service is made by mail, service shall be deemed complete upon the third day following
the day upon which the notice and order is placed in the mail, unless the third day falls on a Saturday.
Sunday. or legal holiday. in which event service shall be deemed complete on the first day other than a
Saturday. Sunday. or legal holiday following the third day. If service is made by posting. service shall be
deemed complete on the third day following the day the notice and order is posted.
Proof of service shall be made at the time of service by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of servioe and the manner by
whieh of service '.Yas made. Any failure of the person to whom the notice and order is directed to observe
the posted notice and order or to actually receive the mailed notice and order shall not invalidate service
made in compliance with this section, nor shall it invalidate the notice and order.
(d) Extension. Upon written request received prior to the correction date or time, the enforcement
official may extend the date set for correction for good cause or in order to accommodate a violation
correction agreement. The enforcement official may consider substantial completion of the necessary
correction or unforeseeable circumstances which render completion impossible by the date established as
a good cause.
(e) Monetary penalty. The amount of the A monetary penalty shall accrue for each pel' day or portion
thereof that each violation continues beyond the date set in a notice and order. The maximum penalty and
the default amount shall be $100.00 for the first violation. $200.00 for a second violation of the same
nature or a continuing violation. $300.00 for a third violation of the same nature or a continuing violation.
and $500 for each additional violation of the same nature or a continuing violation in excess of three not
including fees. costs. and assessments. is as follows:
(1) First '/iolatioH, $100.00;
(2) Seeond violatioH, $200.00;
(3) Third violatieH, $300.00;
(1) L^..dditional violations in exoess efthree, $500.00.
(f) Continued duty to correct. Payment of a monetary penalty pursuant to this chapter does not relieve
a person of the duty to correct the violation as ordered by the enforcement official.
(g) Declaration of compliance. When the violation has been corrected and the penalty paid, the
enforcement officer shall issue a letter which shall so state, and shall also record the date upon which the
violation was fully corrected, beyond which no further penalty shall accrue.
(h) Effect of unappealed notice and order. If a notice and order is not appealed, each day which the
violation continues beyond the date set in order to correct shall constitute a misdemeanor punishable by a
fine of up to $1,000, or imprisonment for up to ninety (90) days, er both. In additioH to suoh eriminal
penalties, the oity may enforce the Hetice and order in accordaHce with FWCC 1 20 and 1 21, anEl/or
enf-oree it in superior court. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 9. Chapter 1, Article III, Section 1-18 of the Federal Way City Code is hereby amended to
read as follows:
Ordinance No 09-597
Page 9 of 36
1-18 Voluntary correction agreement.
(a) General. Prior to the issmmce of a notice and order under FWCC 1 17, or in lieu thereof, when
When the city determines that a violation of an ordinance has occurred, the city may enter into a
voluntary correction agreement any person causing. allowing. or participating in the violation. including
the property owner. wherein the person(s) responsible fer the yiolation or the OY,'Rer(s) of preperty on
'.Yhieh the ';iolation has oceurred or is C1ecurring agrees to abate the yiolation within a specified time
period and according tCl specified conditions. A voluntary correction agreement may be instead of. in lieu
of. or in coniunction with a notice and order under FWCC 1-17.
(b) Contents. A voluntary correction agreement shall be in writing, signed by the personW
responsible for the violation and/or the C1':mer(s) of prClperty on ':/hich the yiolatiCln has occmTed or is
occurring and an enforcement official, and shall contain substantially the following information:
(1) The name and address of the person responsible for the violation and/or the C1v/ner ofprClperty
on Y/hieh the violation has occurred or is eecurring;
(2) The street address or a description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring;
(3) A description of the violation and a reference to the regulation violated;
(4) The necessary corrective action to be taken, and a date or time by which the correction must
be completed;
(5) An agreement by the person responsible for the violation and/or the eV>'Rer(s) of prClperty ef1
),/hich the violation has oee\:llTed or is occurriRg that the city may inspect the premises as may be
necessary to determine compliance with the voluntary correction agreement;
(6) An agreement by the person responsible for the violation and/or the o':mer(s) of property on
'.vhich the '/iolation has oeeurred or is occurring that, if the terms of the voluntary correction agreement
are not met, the city may enter the property. abate the violation~ and recover its costs and expenses as
provided in this article;
(7) An agreement that by entering into the voluntary correction agreement, the person responsible
for the violation and/ef the o':mer(s) of property on whieh the yielation has occurrecl or is eeeurring
waives the right to a hearing before the examiner under this article regarding the matter of the violation,
any penalty~ andfef required corrective action; and
(8) A statement that failure to comply with the terms of the agreement shall constitute a
misdemeanor punishaBle BY a fine not to eJ(eeed $1,000 and/or imprisonment for Bet more than ninety
(90) clays.
(c) Modification and time extension. An extension of the time limit for correction or a modification of
the required corrective action may be granted by the enforcement official if the person responsible for the
violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen
circumstances render correction under the original conditions unattainable. All modifications or time
extensions shall be in writing, signed by the personW responsible for the violation and/or the oymer(s) ef
the property on which the violation has occurred or is oecwring and an enforcement official.
(d) Penalty for noncompliance. Violation of the terms of the a voluntary correction agreement shall
constitute lli a misdemeanor punishable by fine not to CJlCeed $1,000 and/or imprison moot for not more
than ninety (90) days. Further, the city may enter the property, abate the violation~ and recover all costs
and expenses of abatement in accordance with the provisions of this chapter. (Ord. No. 99-342, g 3, 5-4-
99)
SECTION 10. Chapter 1, Article III, Section 1-19 of the Federal Way City Code is hereby amended
to read as follows:
1-19 Appeal to hearing examiner.
(aD General. A person to whom an order te cease aetiyity er a notiee and erder is direeted may
appeal the order to cease acti'lity or notice and order to the hearing examiner. The persen appealing may
Ordinance No 09-597
PagelOof36
appeal either the determination that a violation exists, the amount of any fBooctary penalty impascd, the
eorrectiye action ordered, or all three. (b) HO'ov to appeal. A person may appeal an order to cease activity
or notice and order to the hearing examiner by filing a written notice of appeal with the city clerk within
14 calendar days from the date of service of the order to cease activity or notice and order. specifying
what issue is being appealed. The person aplJealing may appeal either the determination that a violation
exists. the amount of any monetary penalty imposed. the corrective action ordered. or any combination
thereof. The city may also request a hearing before the hearing examiner to assess costs. modify previous
orders. or to enter other orders as needed. The appeal must be accompanied by cash or a check, payable to
the city ofPederal Way, in the amount of $100.00, which is refundable in the event the appellant prevails
on the appeal. The filing fee is waived in cases where the city requests the hearing.
(eZ) Effect of appeal. The timely filing of an appeal in compliance with this section shall stay the
requirement for action specified in the notice and order that is the subject of the appeal. The monetary
penalty for a continuing violation does not continue to accrue during the pendency of the appeal;
however, the hearing examiner may impose a daily monetary penalty from the date of service of the order
to cease activity or notice and order if he the hearing examiner finds that the appeal is frivolous or
intended solely to delay compliance. An appeal does not lift or stay an order to cease activity. The eff-eet
of the filing of an appeal of an order to eease activity shall be as provided in FWCC 1 16( d).
(dJ.) Hearing. Notiee of and hearing before the hearing examiner.
(l-.~) Date of hearing. Within 10 days of the clerk's receipt of the appeal, the hearing examiner
shall set a public hearing for a date within 30 days of the clerk's receipt of the appeal.
(~Q) Notice of hearing. a. Content. The clerk shall eause a notiee of the appeal hearing to be
posted on the property that is the subjeet of the order to eease aetiyity or netiee and order, and mailed to
the appellant and property owners located within 300 feet of the property that is the subjeet ef the
',iolation. The notice shall contain the following:
@. The file number and a brief description of the matter being appealed.
(ill~ A statement of the scope of the appeal, including a summary of the errors alleged and
the findings and/or legal conclusions disputed in the appeal.
(iii)~ The date, term and place ofthe public hearing on the appeal.
(iv)4,. A statement of who may participate in the appeal.
~ A statement of how to participate in the appeal.
(~-.Q) Distribution. The clerk shall cause a notice of the appeal hearing to be posted on the property
that is the subiect of the order to cease activity or notice and order. and mailed to the appellant and. in
cases involving any ordinance regulating the improvement. development. modification. maintenance. or
use of real property. to all property owners located within 300 feet of the property that is the subiect of the
violation. The notice shall be mailed and posted at least 10 calendar days before the hearing on the appeal.
(4Q) Participation in the appeal. The city and the appellant may participate as parties in the
hearing and each may call witnesses. Any person may participate in the public hearing in either or both of
the following ways:
.{i)&.- By submitting written comments to the hearing examiner, either by delivering these
comments to the clerk prior to the hearing or by giving these directly to the hearing examiner at the
hearing.
(illlr. By appearing in person, or through a representative, at the hearing and making oral
comments directly to the hearing. The hearing examiner may reasonably limit the extent of oral comments
to facilitate the orderly and timely conduct of the hearing.
($-~) Conduct of hearing. The hearing examiner shall conduct the hearing on the appeal pursuant
to the rules of procedure of the hearing examiner. The eity and the appellant may participate as parties in
the hearing and each may eall ''vitnesses. The appellant shall have the burden of proof by a preponderance
of the evidence that a violation has not occurred, that the amount of monetary penalty assessed was not in
compliance with the Code FWCC 1 17(e), or that the corrective action ordered is unnecessary to cure the
violation. (6) Electronic sound recording. The hearing examiner shall make a complete electronic sound
recording of the public hearing.
Ordinance No 09-597
Page 11 of36
(+1) Continuation of the hearing. The hearing examiner may continue the hearing if, fur aHY
reason, he or she is unable to hear all of the public comments on the matter or if the hearing examiner
determines that he or she needs more information on the matter. If, during the hearing, the hearing
examiner announces the time and place of the next hearing on the matter and a notioe thereof is posted an
the door of the hearing room, no further notice of that hearing need be given.
(e4) Decision of hearing examiner.
(t..;!) Vacation. If the hearing examiner determines that the appellant has proven by a
preponderance of the evidence that no violation substantially as stated in the order to cease activity or
notice and order has occurred, the hearing examiner shall vacate the order to cease activity or notice and
order and order the appeal fee refunded.
(~Q) Affirmance. If the hearing examiner determines that the appellant has not so proven by a
preponderance of the evidence, the hearing examiner shall affirm the order to cease activity or notice and
order, shall affirm the lli'IlO\:lflt of any monetary penalty imposed by the order to oease aetivity or natiee
and order, and shall affirm the eorreetive action ordered.
(~) Modification. If the hearing examiner determines that the monetary penalty '.vas flat
ealoulated in oomplianee with FWCC 1 17(e), or that the corrective action ordered was unnecessary to
cure the violation~ the examiner may modifY the penalty ama1:mt and/or the abatemeHt corrective action
required depending on the determinations of the examiner. speeifios of the violati0B as found at the
hearing. The hearing examiner may also modify the assessment of penalties and costs if good cause is
found. In so ordering, the hearing examiner shall consider the following:
.ffia-, Whether the intent of the appeal was to delay compliance;
.Qi),lr. Whether the appeal was frivolous;
(iii)e-:- Whether there was a written contract or agreement with another party which specified
the securing by the other party of the applicable permit or approval from the city;
(iv)d: Whether the applicant exercised reasonable~ ami timely. good faith effort to comply
with the applicable development regulations; or
{y}~ Any other relevant factors.
In. modifying a monetary penalty under this seotion, the hearing examiner shall impose, at a
rmmmum, the monetary penalty set f-orth in F\VCC 1 17(e), f-aT eaeh separate seotiaR af the Code
violated, and as detemHfled by referenoe to the applieable number af violatioFl.s (first, seeand, third) at
~ The monetary penalty shall not be modified without assuring the violation is corrected. unless the
penalty is legally erroneous. In modifying the corrective action ordered, the hearing examiner shall
require, at a minimum, any action necessary to ensure actual compliance within 14 days of the date of the
examiner's decision.
(f~) Issuance of decision. The hearing examiner shall issue an oral decision at the time of the hearing
unless good cause exists to delay the decision. The hearing examiner shall issue a written decision,
including findings of fact, conclusions, and order within 14 days of the hearing. The appellant is required
to comply with any decision of the hearing examiner whether oral or written upon issuance.
(gQ) Judicial review. Judicial review of a decision by the hearing examiner relating to any ordinance
regulating the improvement. development. modification. maintenance. or use of real property may be
sought by any person aggrieved or adversely affected by the decision, pursuant to the provisions of the
Land Use Petition Act, Chapter 36.70C RCW, if applicable, or other applicable authority, if any, if the
petition or complaint seeking review is filed and served on all parties within 21 days of the date of the
decision. For purposes of this section, "aggrieved or adversely affected" shall have the meaning set forth
in RCW 36.70C.060(2). Judicial review of all other decisions may only occur subiect to the procedures of
RCW 7.16.
(hl) Effect of decision. If judicial review is not obtained, the decision of the hearing examiner shall
constitute the final decision of the city, and the failure to comply with the decision of the hearing
examiner shall constitute a misdemeanor punishable by a fine of not more than $1,000 or up ta Binety
(90) days imprisonment, or both. In additioFl. to eriminal punishment pursl:umt to this sooseetiaFl., the eity
may pursue oolleotion and abatement under FWCC 1 20 aHd 1 21. (Ord. No. 99-342, 9 3,5-4-99)
Ordinance No 09-597
Page 12 of 36
SECTION 11. Chapter 1, Article III, Section 1-20, of the Federal Way City Code shall be amended to
read as follows:
1-20 Collection of monetary penalty.
(a) The monetary Any monetary penalty imposed under this Code constitutes a personal obligation of
the person in violation. to '.'.'hom the notice and order or order to cease aetivity is directed. Any monetary
penalty assessed must be paid to the city clerk within 14 calendar days from the date of service of the
notice and order or, if an appeal was filed pursuant to FWCC 1-19, within 14 calendar days of the hearing
examiner's decision.
(b) The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of
appropriate legal remedies, the seeking a granting of which shall neither stay nor terminate the accrual of
additional per diem monetary penalties so long as the violation continues.
(1) The city may authorize the use of collection agencies to recover monetary penalties, in which
case the cost of the collection process shall be assessed in addition to the monetary penalty.
(2) The city may incorporate any outstanding penalty into an assessment lien when the city incurs
costs of abating the violation pursuant to FWCC 1-21. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 12. Chapter 1, Article III, Section 1-21, of the Federal Way City Code shall be amended to
read as follows:
1-21 Abatement and additional enforcement procedures.
(a) .^~batement by '.'iolator.lR the absence of an appeal, any ~ reql:lired abatement sball be exeel:lted
in the maml.er and means speeificaUy set forth iB. the Flotice and order to eorrect aFldlor the voluntary
correction agreement by the person(s) responsible for the violation.
W ill Abatement by city. The city may perform the abatement required upon noncompliance with
the terms of: (1).\n an unappealed notice and order~-,-~ ~ voluntary correction agreement~~ or ~ ~
final order of the hearing examiner. The costs shall be billed to the person(s) obligated to perform the
',york l:Hider FWCC L1l(b)(6), the yoluntary correctioFl agreement~ or hearing examiner deeisi0B., as
applieable. (1) The city may utilize city employees or a private contractor under city direction to
accomplish the abatement. The city, its employees and agents using lawful means are expressly
authorized to enter upon the property of the violator for such purposes.
(2) Recovery of costs. The city shall bill its costs, including incidental expenses, of abating the
violation to the personfsj obligated to perform the work under the notice and order, voluntary correction
agreement or the hearing examiner's decision, which costs shall become due and payable 30 days after
the date of the bill. The term "incidental expenses" shall include, but not be limited to, personnel costs,
both direct and indirect, including attorney's fees incurred by the city; costs incurred in documenting the
violation; the actual expenses and costs to the city in the preparation of notices, specifications and
contracts, and in inspecting the work; and the cost of any required printing and mailing. The city manager
or designee. or the hearing examiner. may in his or her discretion waive in whole or part the assessment
of any costs of abatement upon a showing that abatement has occurred or is no longer necessary. or that
the costs would cause a significant financial hardship for the responsible party. The city may authorize the
use of collection agencies to recover costs. The city attorney is authorized to collect the costs by use of
appropriate legal remedies.
(eJ) Obstruction with work prohibited. No person shall obstruct, impede or interfere with the city, its
employees or agents, or any person who owns, or holds any interest or estate in any property in the
performance of any necessary act, preliminary or incidental to, carrying out the requirements of aft ~
notice and order to correct, voluntary correction agreement~ or order of the hearing examiner issued
Ordinance No 09-597
Page 13 of 36
pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine
of not more than $5,000 per day or up to six months imprisonment, or both.
(61) Report to city council and hearing on cost of abatement. In the event Where costs are assessed
under this section and the personfsj responsible fails to pay within the 30-day period set forth in
subsection (b )(2) of this seetion, the enforcement official shall prepare a written itemized report to the city
council showing the cost of abatement, including rehabilitation, demolition, restoration or repair of such
property, including such salvage value relating thereto plus the amount of any outstanding penalties.
(+~) A copy of the report and a notice of the time and date when the report shall be heard by the
city council shall be served on the person responsible for payment as provided in FWCC 1 17(b)(6) at
least five days prior to the hearing before the city council.
(~Q) The city council shall review the report 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
report, authorize collection of that amount or, in the case of a debt owed by a property owner, authorize
placement of an assessment lien on the property as provided herein.
(e~) Assessment lien. Following the hearing and authorization by 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 upon the tax rolls against the property for the current year and the same shall become a part of
the general taxes for that year to be collected at the same time and with interest at such rates as provided
in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be
deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county
and municipal taxes. fl1 The validity of any assessment made under the provisions of this chapter shall
not be contested in any action or proceeding unless the same is commenced within 15 calendar days after
the assessment is placed upon the assessment roll.
(f.Q) Additional remedies. Unless otherwise precluded by law the +he provisions of this article may be
used in lieu of or in addition to other enforcement provisions. including but not limited to. others
provisions in this Code. the use of collection agencies. or other civil actions including iniunctions. ef-this
Code, unless otherwise preel1:u:led by law.
(1) In addition to, or in lieu of the proyisions of this chapter, the eity may, at its option, turn the
matter over to collection er eommenee a civil action in any eourt of eempetent jurisdiction to colleet fer
any such charges incurred by the city, to obtain compliance purS1:laHt te this ehapter, and/or te eolleet afl-Y
penalties that have been assessed.
(2) The eity may, at its option, seelc injunctive or other civil relief in superior cow1: regarding any
Code '/iolation. (Ord. No. 99-342, S 3, 5-4-99)
SECTION 13. Chapter 1, Article III, Section 1-22, of the Federal Way City Code shall be amended to
read as follows:
1-22 Conflicts.
In the event of a conflict between this chapter and any other provision of this Code or city ordinance
providing for a civil penalty, this chapter the more specific provision shall control. (Ord. No. 99-342, ~ 3,
5-4-99)
SECTION 14. Chapter 1, Article III, Section 1-23, of the Federal Way City Code shall be amended to
read as follows:
Ordinance No 09-597
Page 14 of 36
1-23 Meaning of terms.
Whenever the term "civil penalty" is used in any code, ordinance or regulation of the city, this term
shall be deemed to have the same meaning as the term "monetary penalty," respectively, as used in this
chapter.
SECTION 15. Chapter 1, Article III, Section 1-24, of the Federal Way City Code shall be amended to
read as follows:
1-24 Infractions authorized and statutes adopted.
(a) Enforcement officers and officials are authorized to issue civil infractions to enforce the
provisions of the Federal Way City Code designated as infractiens or as flooalties except those provisions
that are either specifically designated as crimes, specifically indicated as not being eWil infractions, or
designated as traffic infractions.
(b) Unless otherwise provided, enforcement officers or officials shall follow the provisions of Chapter
7.80 RCW in issuing civil infractions. If no penalty is Unless otherwise provided, the maximum penalty
and the default amount shall be $100.00 for the first violation. $200.00 for a second violation of the same
nature or a continuing violation. and $300.00 for a third or subsequent violation of the same nature or a
continuing violation $250.00, not including fees, costs, and assessments.
(c) Unless otherwise provided, civil infractions under this section shall be governed by Chapter 7.80
RCW, except that. to the extent allowed by law. the rules of evidence shall not apply in any hearing held
regarding civil infractions.
(d) The following state statutes, ineluding all future amendments, revisions, additiens, or deletieFls,
are adopted by reference to the extent that they are not inconsistent with explicit provisions of the Federal
Way City Code: Chapter 7.80 RCW et seq. (Ord. No. 07-550, S 1,3-20-07)
SECTION 16. Chapter 1, Article III, Section 1-25, of the Federal Way City Code is hereby repealed
as follows:
1 25 Civil violations designated as eivil infractions.
(a) If, after investigation or after the complaint ef residents er ethers, the eBforcement offieer has
probable eause to believe that a ci'IiI 'Iiolation has occurred or is occurriBg, as defined by FWCC 1 15,
he/she may issue a ci','il infraction pursuant to FWCC 1 21 to the property e'VIler or to aflY flerson
causing, allowing and/or participating in the violation.
(b) A ci'/il infraction issued pursuant to F\VCC 1 21 represents a determination that a civil violation
has been committed. This determination is final and conclusi','e unless cont-ested as provided in Chaflter
7.80 RCW.
(c) Each ciyil infraction shall carry with it a monetary penalty ef $100.00 for the fIrst vielation,
$200.00 for a seoond violation of the same nature or a continuing 'Iiolation, afld $300.00 fer a third or
subsequent violation of the same nature or a continuing violation.
(d) Nothing in this section shall preclude criminal prosecutien pursuant te FWCC 1 13.
SECTION 17. Chapter 5, Article I, Section 5-7, of the Federal Way City Code shall be amended to
read as follows:
5-7 Enforcement (general).
All violations of this chapter or the codes adopted under this chapter are herby determined found to be
detrimental to the public health, safety, and welfare~ and are hereby declared public nuisances. The
building official has the authority to adopt rules and regulations to carry out the provisions of this chapter
Ordinance No 09-597
Page 15 of36
rTitle 1 and has the authority to administer and enforce this chapter rTitle 1 and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any
such rule or regulation. In addition to any other penalty. a violation of any provision of this chapter is a
civil infraction under FWCC 1-24. Notwithstanding any pro','ision to the oontrary, oi'lil enforoement of
the prO'/isions of this artiole aRd the terms and conditions of any permit or approval issued pursuant to
this artiele shall be gO'/eraed by Chapter 1 F'NCC: t.rticle III, Civil Enforoement of Code. Civil
enforoement is in addition to, and does not limit any other forms of enforoement available ta the oity
inoluding, but not limited to, eriminal sanotions as specified herein or in Chapter 1 FWCC, .'\rtioles II, III,
nuisanee and injunetion aetio-11s, or other civil or equitable aotions to abate, discontinue, eorreet or
discourage unlawful aots in violation of this artiole. (Ord. No. 99-342, S 6, 5-4-99)
SECTION 18. Chapter 5, Article II, Section 5-42, of the Federal Way City Code is hereby repealed as
follows:
S 42 Enforeement (administration).
Notv,ithstanEling any provision ta the contrary, eivil enforcement of the provisions of this artiele aRd
the terms and eonditions of aR-Y perIl'l:it or approval issued fH:lfsl:1aflt to this artiele sRaH be gc:r;.emed by
Chapter 1 FWCC, Article III, Civil Enforcement af Code. Ci'lil enforoement is in addition to, and does
not limit any other forms af enforeement available to the city inoluding, but not limited to, oriminal
sanotions as speeified herein or in Chapter 1 FWCC, Artieles II, III, RuisaRee aRd iRjl::lfletiaR aetiaRs, or
other civil aotions. (Ord. Na. 99 312, ~ 6, 5 1 99; Ord. No. 01 165, ~ 1, 10 5 01)
Editor's note Ordinanee No. 01 165, ~ 1, adopted Ootober 5, 2001, deleted ~ 5 12 and renumbered ~
5 13 as a ne'"" ~ 5 12. Formerly, such section pertained to permits and deri'/ed from Ord. No. 90 33, ~ 33,
2 13 90; Ord.l'h 92 113, ~ 15, e 16 92; Ord. Na. 95 231, ~ 1,66 95.
SECTION 19. Chapter 5, Article V, Section 5-92, of the Federal Way City Code is hereby repealed as
follows:
5 92 Enforcement (plumbing eode).
Notwithstanding any provisien to the contrary, eivil enforcement of the provisiafls of this artiele and
the terms and conditions of any penmt or appro'lal issued pursuant ta this artiele shall be ga'/emed by
Chapter 1 FWCC, ,'\It-ide III, Civil Enforeement of Code. Civil enforcement is in addition to, and does
not limit any other forms of enforcement available to the city inoluding, but not limited to, criminal
sanctions as specified herein or in Chapter 1 FWCC, .'\r1:ieles II, III, nuisanee and injunotion aEitions, or
other oi'lil or equitable actions to abate, discontinue, correct or discourage unlawf1:l1 aets in violation of
this article. (Ord. No. 99 312, ~ 6,5 1 99)
SECTION 20. Chapter 5, Article VIII, Section 5-218, of the Federal Way City Code is hereby
repealed as follows:
S 218 Enforcement.
The building official is charged with the duty of enforcing this artiole and determining whether or not
the provisions and requirements of this article have been oomplied y/ith. Civil enforeement of the
provisions of this article and the terms and conditions of any permit or approval issued pocsl:1aflt ta this
article shall be governed by Chapter 1 FWCC, fJiicle III, Civil Enf-orcement of Code. Ci'lil enforcement
is in addition to, and does not limit any other forms of enf-oroement a'lailable to the city including, but not
limited to, criminal sanctions as speoified herein or in Chapter 1 FWCC, .'\r1:ieles II, III, nuisanoe and
Ordinance No 09-597
Page 16 of36
injunotion aotions, or other ciyil or equitable aotions to abate, disoontinue, oorreot or disoow-age l:lBlawful
acts in violation of this artide.
SECTION 21. Chapter 8, Article IV, Section 8-124, of the Federal Way City Code is hereby repealed
as follows:
8 12<1 Civil enforeement.
Nohvithstanding any provision in this article or in any oode adopted hereunder to the oontrary, oiyil
enforcement of the pro'/isions of this artiele and the terms and oonditions of any permit or apflreval issued
pursuant to this artiole shall be governed by Chapter 1 FWCC, Article III, Civil Enforoement of Code.
Civil enforoement is in addition to, and does not limit any other forms of enforcement available to the city
including, but not limited to, criminal sanotions as speoified herein, nuisanoe and iHjUFlctiofl actioFls, or
other oivil aotions. (Ord. No. 90 54, ~ 19,1 17 90; Ord. No. 92 117, ~ 13,6 23 92; Ord. No. 99 310, ~ 7,
5 1 99)
SECTION 22. Chapter 10, Article II, Section 10-29, of the Federal Way City Code is hereby repealed
as follows:
10 29 Enforeement.
Ci'/il enforoement of the provisieFls of this chapter shall be goyerned by Chapter 1 FWCC, "^utiele III,
Civil Enforoement of Cede. Civil enforoement is in addition to, and does not limit lH'i-y ether forms ef
enforoement available te the city including, but not limited to, criminal sanctions as specified herein or
Chapter 1 FWCC, "^.rticles II, III, nuisance and injunotion actions, er ether civil or equitable actions to
abate, disoontinue, correct or discourage unlav",'ful acts in violation of this ohapter. For sece1'ld and
subsequent violations of the provisions of this ohapter, the person shall also be guilty of a misdemeaner
and upon oonviotioFl shall be punished as provided in FWCC 1 13. (Ord. No. 90 37, ~ 1 (D), 2 20 90; Ord.
No. 99 312, ~ 7, 5 1 99)
SECTION 23. Chapter 11, Article III, Section 11-53, of the Federal Way City Code is hereby
repealed as follows:
11 53 Responsibility for violation.
"^.nyone oonoerned in the violation of this article, whether directly committing the aot or omitting to
do the thing oonstituting the offense, er Y/ho aids or abets the same, shall be a flrincipal under the terms of
this article, and may be proseouted and have the Code enforced against him or her as such. (Ord. No. 91
&2, ~ 1(1)(C), 1 8 91; Ord. No. 99 312, ~ 8,5 1 99)
SECTION 24. Chapter 11, Article III, Section 11-54, of the Federal Way City Code shall be amended
to read as follows:
11-54 Administration. enforcement. and traffic reeulations. Enforcement.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this article rchapter1 and has the authority to administer and enforce this article rchapter1 and any such
rules and regulations. It is unlawful to violate or fail to complv with any provision of this article r chapterl
or any such rule or regulation. Traffic regulations under Chapter 15 FWCC. Traffic and Vehicles that
apply to public roadways shall apply throughout any park and may be enforced by law enforcement
officers or others designated by law.
Ordinance No 09-597
Page 17 of 36
(a) }..11 traffio violations eommitted within any park, inoluding those involviHg motorized foot
soooters and similar deyiees, shall be subjeot to the penalties and provisions presoribed in Chapter 15
F\VCC, Traffio and 'l emeles.
(b) Civil enforoement of the provisions of this artiole shall be governed by Chapt-er 1 FWCC, Miele
III, Ciyil Enforeement of C0de. Ciyil enforeement is in addition to, and does n0t limit, afl.-y other forms 0f
cnforeement available to the eity ineluding, but not limited to, oriminal sanetioos as speeified herein or in
Chapter 1 F'NCC, L\rticles II, III, nuisanee and injunction aetions, or other oivil or equitable aetions to
abate, diseontinue, eorrect or disoourage unla'lIful acts in yiolation of this article.
(0) Convietion of a violation of or fail\:1fe to comply with the pr0'lisions af this artiele shall also
oonstitute a misdemeanor and shall be punished as provided iR FWCC 1 13, except fer violatiafls af
pro'/isions that eonstitute gross misdemeanors, eon'/iction of which shall be punished by a fine not to
exceed $5,000 or imprisonment in jail not ~l.ceeding one year, or by both sueh fine and imprisenment.
(Ord. No. 91-82, S 1(1)(D), 1-8-91; Ord. No. 99-342, S 8,5-4-99; Ord. No. 04-464, S 4, 9-21-04)
SECTION 25. Chapter 11, Article III, Section 11-55, of the Federal Way City Code shall be amended
to read as follows:
11-55 Expulsion from parks.
(a) In addition to another penalty imposed pursuant to this article, the director or designee may order
the expulsion of any person from any park for a period of one to seven days if he er she ebserves such
person is observed:
(1) Using abusive or disruptive language or engaging in conduct that disrupts a park facility or
program.
(2) Directing ethnic or offensive remarks at another person based on such person's actual or
perceived race or ethnic group, nationality, religion, disability, sex or sexual orientation.
(3) Using tobacco products in an unauthorized area or facility.
(4) Causing injury or risk of injury to another person or persons.
(5) Causing damage or risk of damage to city property.
(6) Violating any provision of this article.
(b) The director or designee may order the expulsion of any person from any park for a period of
seven days to one year if such person:
(1) Has been expelled from the park two or more times in any 30-day period.
(2) Causes injury to another person.
(3) Sells, possesses or uses alcohol or illegal drugs.
(4) Possesses or uses any weapon.
(5) Commits more than one violation of this article in any 12-consecutive-month period.
(c) Any order of expulsion under this section shall be in writing and shall be sent by certified mail to
the person expelled at his or her last known address or delivered in person.
(d) The director or designee may forward the written notice of expulsion along with the certified mail
receipt to the department of public safety.
(1) The written notice of expulsion shall be a notice of trespass.
(2) Any person on city park property, in violation of the written notice of expulsion, is in
violation of this chapter and any knowing violation constitutes '.vill be guilty of trespass.
(3) The notice of trespass and expulsion will expire on the date indicated in the written notice of
expulsion.
(e) L^.ny person wh0 enters a park during a peri0d during '.vhieh he or she has beeR expelled under
subsection (a) or (b) of this section is guilty ofyiolating this article and ,vill be subject to the enforcement
in F'.VCC lUj. (Ord. No. 91-82, S 1(1)(E), 1-8-91; Ord. No. 01-396, S 2, 7-3-01; Ord. No. 01-404, S 1,
10-2-01)
Ordinance No 09-597
Page 18 of36
SECTION 26. Chapter 12, Article II, Section 12-21, of the Federal Way City Code shall be amended
to read as follows:
12-21 Administration and enforcement.
W The administrator public works director. or designee. has the authority to adopt rules and
regulations to carry out the provisions of this chapter rTitle 1. as well as the collection and disposal of all
solid waste in the city and a voluntary garbage collection program with recycling rates imbedded to
encourage participation by residential generators of solid waste; and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle 1 or any such rule or regulation. is hereby authori~ed and directed
to administer the collection and disposal of all solid 'lIaste iR the €lity, and to enforce the provisions of this
chapter. The director is authorized to prepare any implementing regulations Fle€lessary fef the
de'lelopment and implementation of a voluntary garbage €lolleetion program '.'lith re€lY€lling rates
imbedded to encourage participatioR by residential generators of solid 'o'laste.
(b) Civil enforcement of the provisiofls of this artiele, as agaiRst all persons other than authorized
serviee flroviders, shall be governed by Chapter 1 FWCC, :\rtiele III, Civil Enf-oreemeB.t ef Cede. Civil
enfor€lem.ent is in addition to, and does not lim.it any other forms of enforeemCflt a'lailable te the eity
induding, but not limited to, eriminal sanctions as spe€lified herem or in F\VCC 1 13, nuisanee and
injunetien aetions, or ether eivil or eqHitable aetions to abate, diseontinne, eorreet or diseol:lfage l:lRla\vfl:ll
aets in 'Holation of this artiele. Enforeement of the provisions of this artiele and ehapter against aH-therized
service providers shall be as previaed by the applieable serviee agreement and as othery:ise flreviaed by
law, induding but not limited to criminal sanctions as speeified herein or in FWCC 1 13, nuisanee and
injunctiofl actions, or ether ciyil or equitable actiens to abate, discontinue, correet or diseol:lfage l:lRlw::fl:ll
a€lts in violation of this arti€lle. (Ord. No. 91-124, ~ 3(F), 12-17-91; Ord. No. 93-167, ~ 3(F), 3-16-93;
Ord. No. 99-342, ~ 9, 5-4-99; Ord. No. 02-411, S 7, 1-2-02)
SECTION 27. Chapter 12, Article II, Section 12-36, of the Federal Way City Code shall be amended
to read as follows:
12-36 Public nuisance.
Every person shall have the duty to ensure that solid waste or source-separated material does not
accumulate on or around his or her property in a manner that causes such solid waste or source-separated
material to become a public nuisance both as to the amount of such solid waste or source-separated
material, or the odor emanating from such solid waste or source-separated material. Each container used
for the accumulation of solid waste or source-separated material shall be kept clean inside and out, and
the area around the containers shall be kept in a neat and sanitary condition. The service provider shall
provide written notification to the administrator and the customer concerning any violations of this
provision. .^.ny violation of this pro'nsion by a person shall subject the person to penalties deseribed in
F'NCC J1..1l. (Ord. No. 02-411, S 22, 1-2-02)
SECTION 28. Chapter 13, Article II, Section 27, of the Federal Way City Code shall be amended to
read as follows:
13-27 Enforcement.
The director of public works. or designee. has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article [chapter)
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
Ordinance No 09-597
Page 19 of36
article r chapter 1 or any such rule or regulation. is authorized to enf-oree the previsions of this artiele, afld
any rules and regulations promulgated hereunder. (Ord. No. 90-50, S 8, 4-3-90)
SECTION 29. A new section is added to Chapter 13, Article V, of the Federal Way City Code
(FWRC 4.30.050) to read as follows:
13-121.5 [4.30.050J Authority and Enforcement.
The City Clerk or designee has the authority to adopt rules and regulations to carry out the provisions
of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1 and any such
rules and regulations. It is unlawful to violate or fail to comply with any provision of this article rchapter1
or any such rule or regulation.
SECTION 30. A new section is added to Chapter 13, Article VI, of the Federal Way City Code
(FWRC 4.40.005) to read as follows:
13-170 r4.40.0051 Authority and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
article r chapter 1 or any such rule or regulation.
SECTION 31. Chapter 13, Article VI, Section 13-181, of the Federal Way City Code is hereby
repealed as follows:
13-181 Civil enforcement (sidewalks).
Civil enforcement of the provisions of this article and the terms and conditions of any permit or
approval issued pursuant to this article shall be governed by Chapter 1 FWCC, Article III, Civil
Enforcement of Code. Civil enforcement is in addition to, and does not limit any other forms of
enforcement available to the city including, but not limited to, criminal sanctions as specified herein or in
Chapter 1 FWCC, 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. (Ord. No. 99-342, S 4,
5-4-99)
SECTION 32. A new section is added to Chapter 13, Article VII, of the Federal Way City Code
(FWRC 4.35.005) to read as follows:
13-220 r4.35.0051 Authority and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of this
article r chapter 1 or any such rule or regulation.
SECTION 33. Chapter 13, Article VII, Section 13-253, of the Federal Way City Code is hereby
repealed as follows:
13 253 Civil enfareement (right af way vegetatian).
Ordinance No 09-597
Page 20 of 36
Civil enforcement of the provisions of this artiole and the terms and eonditions of any permit or
approval issued pursuant to this artiole shall be goyemed by Chapter 1 FWCC, L\rtiele III, Civil
Enf-oroement of Code. Ciyil enforeemcnt is in addition to, and does not limit any other f-orms of
enforoement available to the eit)' including, but not lifnited to, oriminal sanotions as speoified herein or in
Chapter 1 F\VCC, L\rtioles II, III, nuisanoe and injunetion aotions, or oth.er ei'/il or equitable aetions to
abate, diseontiRue, oorreet or discourage unlawful aots in violation of this article. (Ord. No. 99 312, ~ 1,
5 1 99)
SECTION 34. Chapter 14, Article II, Section 14-70, of the Federal Way City Code shall be amended
to read as follows:
14-70 Violation - Penalty.
It is unlawful for any person, firm, or corporation to violate or fail to comply with any of the
provisions of this chapter. E'/er)' person oonvioted of a violation of an-y provisioo of this ehapter shall be
punished by a fine in a sum not to exoeed $500.00. Eaoh aay of '/iolation shall be eonsiderea a separate
offense. (Ord. No. 99-335, S 6, 2-16-99)
SECTION 35. Chapter 14, Article IV, Section 14-132, of the Federal Way City Code shall be
amended to read as follows:
14-132 Administration.
The director or designee has the authority to adopt rules and regulations to carry out the provisions of
this chapter [Title] and has the authority to administer and enforce this chapter [Title] and any such rules
and regulations. It is unlawful to violate or fail to comply with any provision of this chapter [Title] or any
such rule or regulation. The direetor shall have the pO'.ver, and it shall be his or her 00ty, from time to
time, to adopt, publish and enforce rules and regulations not ineonsistcnt with this ehapter or with th.e law
for the purpose of carrying out the provisions thereof, aRa it is unlav:ful to violate or fail te eomply with
any such rule or regulation. (Ord. No. 02-432, 9 1, 11-19-02)
SECTION 36. Chapter 14, Article V, Section 14-187, of the Federal Way City Code shall be
amended to read as follows:
14-187 Designated official to make rules.
The designated official or designee has the authority to adopt rules and regulations to carry out the
provisions of this article and has the authority to administer and enforce this article and any such rules and
regulations. It is unlawful to violate or fail to comlJly with any provision of this article or any such rule or
regulation. shall have the pO'.ver, and it shall be his or her duty, from time to time, to adopt, publish and
enforce rules and regulations not inconsistent with this ehapter er \-yith the law for the purpose ef earrying
out the proyisions of this article thereof, ana it is unlawful to violate or fail to comply '.vith an-y such rule
or regulation. (Ord. No. 95-257,9 1, 12-19-95; Ord. No. 96-262, 9 1,2-20-96)
SECTION 37. Chapter 15, Article I, Section 15-5, of the Federal Way City Code shall be amended to
read as follows:
15-5 Mandatory minimum penalties.
Unless another penalty is expressly provided by law, any person found to have committed an act
designated a traffic infraction under the provisions of this chapter shall be punished by a penalty of not
Ordinance No 09-597
Page 21 of 36
more than $250.00; provided, however, where any law, rule, or statute provides for any maximum
penalty, the actual penalty imposed for a traffic infraction committed within the area designated as the
Federal Way neighborhood traffic safety zone shall not be less than 80 percent of the maximum, not
including statutory assessments. See also FWCC 15-113; RCW 46.63.110. (Ord. No. 93-163, 9 2, 1-19-
93; Ord. No. 94-207, S 1, 1-4-94)
SECTION 38. A new section is added to Chapter 15, Article I, of the Federal Way City Code to read
as follows:
15-15 Violations as traffic infractions
Failure to perform any act required or the performance of any act prohibited by this title or an
equivalent administrative regulation relating to traffic including parking. standing. stopping. and
pedestrian offenses. is designated as a traffic infraction unless otherwise provided. except violations of
Chapter 8.10 Commute Trip Reduction (CTR); violations of Chapter 8.15 Impoundment of Vehicles
Driven by SuspendedlRevoked Drivers; and violations of Chapter 8.25 Bicycles. which are as provided
therein.
SECTION 39. Chapter 15, Article IV, Section 15-81, of the Federal Way City Code is hereby
repealed as follows:
15 81 Penalty for violations.
Unless another penalty is expressly provided by law, any person founa to aave eollllllitted an aet
'l/hieh violates the provisions of this artiele, shall be guilty of a traffic infraetion ana shall be punished by
a }3eflalty of not more than $250.00. (Ora. No. 90 16, ~ 5,3 20 90; Ord. No. 91 97, ~ 1,5 21 91)
SECTION 40. Chapter 15, Article V, Section 15-151, of the Federal Way City Code is hereby
repealed as follows:
15 151 Penaky for violation.
Unless otherwise pro'lided, any person violating any of the provisions of this di'lisiofl shall be guilty
ofa traffie infraction, punishable by a tnaxillRlm fine of $250.00. (Ord. No. 90 69, ~ 2, 7 1890)
SECTION 41. Chapter 15, Article V, Section 15-167, of the Federal Way City Code is hereby
repealed as follows:
15 167 Penaky for violation.
Violation of this division is a traffie infraction, and shall be punished by a penalty of $250.00. (Ord.
No. 90 35, ~ 6,2 20 90)
SECTION 42. Chapter 15, Article VII, Section 15-204, of the Federal Way City Code shall be
amended to read as follows:
15-204 Responsible agency.
The city's public works department director or designee has the authority to adopt rules and
regulations to carry out the provisions of this article and any CTR plan adopted pursuant to it. and has the
authority to administer and enforce this article and any such CTR plan. rules. or regulations. It is unlawful
Ordinance No 09-597
Page 22 of 36
to violate or fail to comply with any provision of this article or any such rule or regulation. shall be
responsible for implementing this artiele, the CTR plan, and the eity's CTR program for its O\Vfl
employees. The p1:1blie works director shall ha'.'e the ffi:lthority is al:1thorized to issue such rules and
administrative procedures as are neeessary to implement this artiele. (Ord. No. 93-164, ~ 1(18.30.040), 1-
19-93)
SECTION 43. Chapter 15, Article IX, Section 15-246, of the Federal Way City Code shall be
amended to read as follows:
15-246 Additional PenaIty!es; Scooter safety school.
(a) Any person '/iolating any provision of this artiole shall be guilty of a traffie infraetion and shall be
punished by the imposition of a monetary penalty not to exceed $250.00, e1cell:1sive of statutory
assessments; provided, that conduct that eonstitl:1tes a erim4nal traffie off.t~nse may be eharged as sueR afld
is subjeet to the maximum penalties allowed for sueh offenses.
(b) Seooter saf-ety sehool.
(1) In addition to the other means of enforcement provided in this article, a scooter safety school is
hereby authorized to be administered jeffitly by the police department and the department of parks,
reereation and eultural serviees as a diversion program available to those who violate the provisions of
this chapter for the first time.
(2) The purpose of the scooter safety school is to offer those who have violated the provisions of this
chapter for the first time instruction, education, and information regarding the proper, lawful, and safe
operation of scooters and similar device!,>, including but not limited to the state motorized foot scooter
regulations in RCW Title 46, the rules of the road, and the limitations of persons, vehicles, and bicycles
on roads, streets, and highways under varying conditions and circumstances.
(3) The police department aFla department of parks, recreation and cultural serviees shall charge a fee
to scooter school participants for the purpose of reimbursing some or all of the cost of administering the
scooter school. The amount of the fee shall be as established or amended by the city council by resolution.
Participants in the scooter school shall remit said fee to the management services department in
accordance with the procedures established by the police department. (Ord. No. 04-464, S 7, 9-21-04)
SECTION 44. Chapter 16, Article II, Section 16-37, of the Federal Way City Code shall be amended
to read as follows:
16-37 Enforcement officer.
The public works department director or designee has the authority to adopt rules and regulations to
carry out the provisions of this article and has the authority to administer and enforce this article and any
such rules and regulations. It is unlawful to violate or fail to comply with any provision of this article or
any such rule or regulation. or designee shall be respoFlsible for the enforeement of the pro'lisioFls of this
di'/ision. (Ord. No. 91-90, ~ 9, 3-19-91; Ord. No. 99-342, ~ 10,5-4-99)
SECTION 45. Chapter 16, Article II, Section 16-39, of the Federal Way City Code is hereby repealed
as follows:
1639 Civil enforeement.
Ciyil enf{)rcement of the pro'/isions of this division shall be governed by Chapter 1 FWCC, .^..rtiele
III, Civil Enforcement of Code. Ci','il enforeement is in addition to, and does not limit any other forms of
enf{)fcement available to the city including, but not limited to, eriminal sanctions as speeified herein and
in Chapter 1 F'NCC, f.rticles II, III, nuisance and injunction aetioFls, or other eivil or equitable actiONS to
Ordinance No 09-597
Page 23 of 36
abate, discontinue, correet or discourage unlawful acts in violation of this diyision. (Ord. No. 91 90, ~ 8,
3 19 91; Ord. No. 99 342, ~ 10,5 1 99)
SECTION 46. Chapter 16, Article III, Section 16-77, of the Federal Way City Code shall be amended
to read as follows:
16-77 Created.
W There is hereby created and established the surface water management utility of the city under
which the provisions of this afliele subtitle shall be carried out. The public works department director or
designee has the authority to adopt rules and regulations to carry out the provisions of this article
r subtitle 1 and has the authority to administer and enforce this article r subtitle 1 and any such rules and
regulations. It is unlawful to violate or fail to comply with any provision of this article r subtitle 1 or any
such rule or regulation. (b) The utility herein created shall be administered by the publie works mreeter.
(Ord. No. 90-32, S 2, 2-13-90)
SECTION 47. Chapter 17, Article II, Section 17-28, of the Federal Way City Code is hereby repealed
as follows:
17 28 Ci~;i1 penalty.
ill addition to, or as an alternati'/e to, any other penalty provided in this Miele or by 18:'''', an-y person
who violates any pro',ision of any business license ordinanee shall be subjeet to a ei';il penalty in an
amount not to e~(eeed $250.00 per yiolation to be direetly assessed by the direetor. The direet-or, in a
reasonable manner, may YaT)' the amount of the penalty assessed to eonsider the appropriateness of the
penalty to the size of the business of the violator; the gravity of the '/iolation; the number of past and
present '/iolations committed and the good faith of the yiolator in attempting to achie'/e compliance after
notifieation of the ',iolatioR. All ehil penalties assessed will be enforeed and eolleeted in aeeordaRee with
the proeeaure speeified under this artiele. (Ord. No. 90-27, ~ 1(6.64.420),2-13-90)
SECTION 48. Chapter 17, Article II, Section 17-29, of the Federal Way City Code is hereby repealed
as follows:
17 29 Additional enf-oreement.
Notwithstanding the existenee or use of any other remedy, the direetor may seek legal or equitable
relief to enj oin any aets or praetices whieh eonstitute or will eonstitute a violation of any business lieoo.se
ordinance or other regulations adopted in this article. (Ord. No. 90-27, S 1(6.64.430),2-13-90)
SECTION 49. Chapter 18, Article II, Section 18-46, of the Federal Way City Code shall be amended
to read as follows:
18-46 Designation of responsible official.
(aD For those proposals for which the city is a lead agency, the responsible official shall be the
director of the department of community development. The responsible official shall make the threshold
determination, supervise scoping and preparation of any required environmental impact statement, and
perform any other functions assigned to the lead agency or responsible official by the State
Environmental Policy Act rules.
(132.) The responsible official shall be responsible for the city's compliance with Chapter 197 -11 WAC
whenever the city is a consulted agency, and is authorized to develop operating procedures that will
Ordinance No 09-597
Page 24 of 36
ensure that responses to consultation requests are prepared in a timely fashion and include data from all
appropriate departments of the city.
(3) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this article rTitle 1 and has the authority to administer and
enforce this article rTitle] and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this article rTitle1 or any such rule or regulation. (Ord. No. 90-40, S 1(20.40.10,
20.40.20),2-27-90; Ord. No. 04-468, ~ 3, 11-16-04)
SECTION 50. Chapter 18, Article III, Section 18-161, of the Federal Way City Code shall be
amended to read as follows:
18-161 Purpose and authority.
The city adopts these regulations under the authority of the Shoreline Management Act of 1971,
Chapter 90.58 RCW, as amended, and the Shoreline Management Guidelines, Chapter 173-14 WAC. The
director of the department of community development has the authority to adopt rules and regulations to
carry out the provisions of this article [Title] and has the authority to administer and enforce this article
rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply with any provision of
this article rTitle1 or any such rule or regulation. (Ord. No. 90-38, S 1(24.10),2-27-90; Ord. No. 98-323, S
3, 12-1-98; Ord. No. 99-355, S 3, 11-16-99)
SECTION 51. Chapter 19, Article IV, Section 19-153, of the Federal Way City Code shall be
amended to read as follows:
19-153 Authority.
The director of public works has the authority to adopt rules and regulations to carry out the
provisions of this article r chapter 1 and has the authority to administer and enforce this article r chapter 1
and any such rules and regulations including making determinations regarding concurrency and issuing
capacity reserve certificates (CRCs) according to the procedures in this article. It is unlawful to violate or
fail to comply with any provision of this article rchapter1 or any such rule or regulation. shall be
responsible for implementing aRd enforcing this article and adoptiRg 13recedl:lfes to implemeRt this article,
including making determinations regarding concurrency and issuing capacity reserve certificates (CR-Cs)
aceording to the proeedures in this article.
The director's determination of concurrency and the issuance or nonissuance of a CRC shall be
integrated, insofar as possible, with any applicable decision making processes on permits, applications,
and proposals submitted to the city for review and decision. For each development activity subject to
concurrency evaluation and the requirement for a CRC, the director shall determine how the review can
be best integrated with the decision making process. (Ord. No. 06-525, S 1 (Exh. A), 6-6-06)
SECTION 52. Chapter 20, Article I, Section 20-5, of the Federal Way City Code shall be amended to
read as follows:
20-5 Violations, enforcement and penalties.
(a 1) Any person or any agent thereof who divides land into lots, tracts, or parcels of land and sells~ ef
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 tRafl $5,000 for each offeRse. Each 500ft violation
Ordinance No 09-597
Page 25 of36
involving a sale, offer for sale, lease or transfer of eaeh separate lot, tract or parcel of land shall be
deemed ~ a separate and distinct offense; provided, howe'/er, an offer or agreement to sell, lease, or
otherwise transfer a lot, tract or parcel of land following preliminary plat approval shallllet be deemed in
is not a violation of this chapter if performance 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 permitted until the final plat is recorded.
(b2) Whenever land within a subdivision granted final approval is used in a manner or for a purpose
which violates any provision of this chapter, any provision of the loeal subdivision regl:1lations, or any
term or condition of plat approval prescribed for the plat by the lo€lal gO'/emment, then the prosecuting
attorney, or the attorney general if the proseeuting attorney shall f&il to act, the City may commence an
action to restrain and enjoin such use and compel compliance with the provision provisions of this €lhapter
or the lo€lal regl:llatiofls, or with sueh terms or conditions. The costs of such action may be taxed against
the violator.
(eJ) Any person who violates any court order or injunction issued pursuant to this chapter is guilty of
a misdemeanor. shall be subject to a fine of not more than $5,000 ar imprisonmeflt far not mare than 90
days or both.
(d1) No building permit, septic tank permit, or other development permit, shall be issued for any lot,
tract, or parcel of land divided in violation of this chapter ar loeal regulations adopted pursuant therete
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 shall 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 violation of this chapter ar lo€lal 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.
(e5) The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter rTitle) and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle 1 or any such rule or regulation. In the altem&tive or, to the extent
allo'.Yed by la\v, in addition to the remedies prescribed in this section, the city, through its authorized
agents, may pursue any other enforcement authorized by law. eommence an aetion to enforce this ehapter,
any lo€lal subdivision regulation or any term or condition of plat approval preseribed by the €lity €lOl:1fleil,
according to Ch&pter 1 FV1CC, .\rtiele III, Civil Enforcement of Code. Civil enforcement is iR addition
to, and does not limit lH'i-y ether forms of enforcement a'failable to the city iReluding, but not limited to,
criminal sanctions as specified in this section &nd in Chapter 1 FWCC, Aftieles II, III, nuisance and
Injunction .^..otions, or other civil or equitable actions to abate, diseentinue, cerre€lt or diseourage uRlawful
aets in violation ef this €lhapter, any local subdivision regulation or any term or eondition of plat approval
prescribed by the oity eouneil. The city may also commenee an aetion to restrain and enj oin viol&tions of
this chapter or of any term or condition of plat &ppro'fal preseribed by the eity, and/or to compel
eompliance with the provisions of this ehapter, or with such terms er conditions. In the event such aetion
is eommcnced, the costs of sueh action may be taxed against the violator. (Ord. No. 90-41, S 1(16.460.10,
16.460.20),2-27-90; Ord. No. 97-291, S 3,4-1-97; Ord. No. 99-342, S 11,5-4-99)
SECTION 53. Chapter 21, Article I, Section 21-4, of the Federal Way City Code shall be amended to
read as follows:
Ordinance No 09-597
Page 26 of 36
21..4 Administration and Enforcement.
The director of public works or designee has the authority to adopt rules and regulations to carry out
the provisions of this chapter rTitle1. may approve. conditionally approve or deny an application for
regulated activities. and has the authority to administer and enforce this chapter rTitle 1 and any such rules
and regulations. It is unlawful to violate or fail to comply with any provision of this chapter rTitle 1 or any
such rule or regulation. or his Of her designee shall administer this chapter, and shall ha'/e the a1:lthority to
de';elop and adopt administrati','e proeedui"l3s to administel" and enforce this chapter. (Ord. No. 99-352, ~
3, 11-16-99)
SECTION 54. Chapter 21, Article II, Section 21.14, of the Federal WayCity Code is hereby repealed
as follows:
21 14 Review and approval authority.
The directar, or his ar hel" designee(s), may approve, conditionally approve or deny an applieatian fer
regulated acti'/ities \:UHler this article. (Ord. No. 99 352, ~ 3, 11 16 99)
SECTION 55. Chapter 21, Article II, Section 21-15, of the Federal Way City Code is hereby repealed
as follows:
21 IS Enf-oreement.
The direetor shall enf-orce this article, and the terms and conditions of any application, permit aT
approval for regulated aetivities granted under this article, using Cha13ter 1 FV1CC, Article III, Civil
Enforcement of Code. Ciy-i} enf-orcement is in addition to, and aaes not limit, any other farms af
enforcement a'lailable ta tHe aity including, but not limited to, crimiRal sanctions as specified Herein af in
Chapter 1 FWCC, ,^.rticles II and III, ffilisanae and injunctian actions, or other ciyil ar equitable actions to
abate, discontinue, correct or discoocage unlawful aats in violation of this chapter. (Ord. No. 99 352, ~ 3,
11 1699)
SECTION 56. Chapter 21, Article II, Section 21-16, of the Federal Way City Code shall be amended
to read as follows:
21-16 Inspection.
(1) Activities. All activities regulated by this aFtiele chapter rTitlel, except those exempted under
FWCC 21-7, shall be inspected by the director or his or her designee(s). The director or designeetsj shall
inspect projects at various stages of the work requiring approval to determine that adequate control is
being exercised. Stages of work requiring inspection include, but are not limited to, preconstruction;
installation of BMPs; land disturbing activities; installation of utilities, landscaping, retaining walls and
completion of project. When required by the director, a special inspection and/or testing shall be
performed. Any applicant who has obtained the approval of the director under this article shall permit the
director or designeetsj access to the property, when requested, to permit the inspections required by this
section.
(2) Stormwater facilities. The director shall develop and implement a regular inspection program.
including a master inspection and maintenance schedule. for all public and private stormwater facilities in
Federal Way. Inspections shall be no less frequently than annual. Inspections may be scheduled more
frequently if determined by the director to be necessary for any reason. If. during the course of the
ins?ection program. additional existing stormwater facilities are discovered, they shall be added to the
master inspection and maintenance schedule.
Ordinance No 09-597
Page 27 of 36
(3) Water quality. The director or designee may inspect BMPs. examine surface and groundwater. or
sample surface or groundwater as often as is necessary to determine compliance with this chapter rTitle l.
(Ord. No. 99-352, S 3, 11-16-99)
SECTION 57. Chapter 21, Article III, Section 21-30, of the Federal Way City Code is hereby
repealed as follows:
21 30 Inspeetian pragram.
(a) Program. The direetor shall develop and implement a pragram and proeedures fer the regular
inspeetion of all public and private storm water facilities in Federal Way. As part of that program, or
whenever there is probable cause to believe that a yiolation of this ehapter or article has been or is being
cam:m:itted, the direetar (or his or her designated inspeetar) is authorized to inspeet all public and private
portions of the storm water drainage systems 'l,ithin Federal '.Va:y during regular warking hours and at
other reasonable times to determine eompliance with the prov-isiens oftms ehapter.
(b) Sehedule. }1S part of the iBspeetiafl pragram., the direetor shall establish a master inspeetiaR and
maintenanee sehedule. InspectioRs shall be annual, at a minimum. Critieal storm water faeilities may
require a more frequent iBspeetian sehedllie. If, dl::loog an inspeetion, a faeility is found not ta be in
comphanee with the standards deseribed iFl the Federal '."lay Stormy later System Operatian and
Maintenance Manual, all subsequent inspection and maintenaflee iFltervals shall be seheduled more
frequently if determiFled by the direetor to be neeessary in order to aSSl:lfe fl:ltui"e compliaflee. If, during
the eourse of the inspeetion program, additi0Flal ell.istiBg storm water facilities are diseoyered, they shall
be added to the master inspection and maintenance sehedule. (Ord. No. 99 352, ~ 3, 11 16 99)
SECTION 58. Chapter 21, Article III, Section 21-31, of the Federal Way City Code shall be amended
to read as follows:
~ 21-16.5 Entry into private facilities or on private property ta stormwater faeilities.
As part of an inspection ?rogram. or whenever there is probable cause to believe a violation of this
chapter [title 1 exists or has occurred. the director or designee is authorized to inspect. during regular
working hours and at other reasonable times. any public or private property regarding conditions relating
to possible pollution of surface or groundwaters. as well as all public and private portions of the
stormwater drainage systems within Federal Way. to determine compliance with this chapter (title1. Prior
to making any inspections of private facilities or on private property. the inspector shall present
identification credentials, state the reason for the inspection and request entry. Whenever an onsite
inspection of private property is made. the findings shall be recorded. A copy of the inspection findings
shall be furnished to the owner or the person in charge of the property after the conclusion of the
investigation and completion of the inspection findings.
(1) If the property or any building or structure on the property is unoccupied, the inspector shall first
make a reasonable effort to locate the owner or other person(s) having charge or control of the property or
portions of the property and request entry.
(2) If after reasonable effort, the inspector is unable to locate the owner or other person(s) having
charge or control of the property, and has reason to believe the condition of the stormwater drainage
system creates a risk of imminent harm to persons or property, the inspector may enter.
(3) If entry is not consented to by the owner or person(s) in control of the property or portion of the
property, and no conditions are reasonably believed to exist which create a risk of imminent harm, the
inspector shall obtain a search warrant prior to entry. To the extent authorized by the laws of the state of
Washington, the Federal Way municipal court is hereby authorized to issue a warrant permitting the
inspection of privately owned stormwater facilities, upon a showing of probable cause to believe that a
provision of this chapter has been or is being violated.
Ordinance No 09-597
Page 28 of 36
(4) The inspector may also inspect the stormwater drainage system without obtaining a search warrant
provided for in subsection (3) of this section, provided the inspection can be conducted while remaining
on public property or other property on which permission to enter is obtained.
(5) In the event any person, whose property has previously been provided with utility fee credits for
on site water quantity/quality control, refuses to allow the director to inspect said facility or commits a
violation of this chapter, the director shall cancel the water quality/quantity credits for said property
accordingly. Whenever the director shall make such an adjustment, a notice and order of adjustment shall
be mailed to the owner of said property by certified and regular mail. The notice shall be deemed received
when signed for by the owner, or, if the owner fails or refuses to sign for the notice within the time
provided by the postal service, within three days of mailing. The owner may request the director to
reconsider the notice and order by filing a request for such reconsideration within 10 days of receipt of the
notice. The director's decision on any such reconsideration shall be final and not subject to further appeal.
(6) In the event any person, whose property has previously been provided with a reduced intensity of
development classification as the result of the existence of a detention facility on said property, refuses to
allow the director to inspect said detention facility or commits a violation of this chapter, the director may
adjust the intensity of development classification for said property and the billing rate for said property.
Whenever the director shall make such an adjustment, a notice and order of adjustment shall be mailed to
the owner of said property by certified and regular mail. The notice shall be deemed received when signed
for by the owner, or, if the owner fails or refuses to sign for the notice within the time provided by the
postal service, within three days of mailing. The owner may request the director to reconsider the notice
and order by filing a request for such reconsideration within 10 days of receipt of the notice. The
director's decision on any such reconsideration shall be final and not subject to further appeal. (Ord. No.
99-352, S 3, 11-16-99)
SECTION 59. Chapter 21, Article III, Section 21-32, of the Federal Way City Code shall be amended
to read as follows.
~22-16.6 Inspection and maintenance records.
(a1) Records for new facilities. Records of new public or private stormwater facilities shall include
the following:
(+~) As-built plans and locations.
(;!.h) Findings of fact for any exemption granted by the city of Federal Way.
(~) Operations and maintenance requirements and records of inspections, maintenance actions
and frequencies.
(44) Engineering reports, if prepared prior to or during construction of the facility.
(92) Records for existing facilities. Upon the request of the director, all owners of existing storm
drainage systems shall provide the director with all inspection, maintenance and repair records for their
facilities, as well as any existing record drawings or diagrams of their storm drainage systems. (Ord. No.
99-352, S 3, 11-16-99)
SECTION 60. Chapter 21, Article III, Section 21-33, of the Federal Way City Code shall be amended
to read as follows.
~ 21-16.7 Reporting.
The director shall report annually to the Federal Way city council about the status of the inspections.
The annual report may include, but need not be limited to, the portions of the components found in and
out of compliance, the need to upgrade components, enforcement actions taken, compliance with the
inspection schedule, the resources needed to comply with the schedule, and comparisons with previous
years. (Ord. No. 99-352, S 3, 11-16-99)
Ordinance No 09-597
Page 29 of 36
SECTION 61. Chapter 21, Article III, Section 21-34, of the Federal Way City Code is hereby
repealed as follows:
21 34 Enforeement.
The director shall enforce this article using Chapter 1 FWCC, ,^..rtiele III, Ci'lil Enforcement of Cede.
Civil enforoement is in addition to, and does not limit, any other forms of enforeement ayailable to the
city ineluding, but not limited to, criminal sanctions 0r other remedies as specified herein or in Chapter 1
FVlCC, Artioles II and III, nuisanoe and injunction aetions, or other ei'lil or eqHitable actions te abate,
disoontinue, correot or discourage unlawful aots in violation. oftms ohapter. (Ord. No. 99 352, ~ 3, 11 16
~
SECTION 62. Chapter 21, Article N, Section 21-41, of the Federal Way City Code shall be amended
to read as follows:
21-41 Enforcement.
(a1) Violations. Notwithstanding the requirements of FWCC 21-36 through 21-39, if a person has
properly designed, constructed, implemented, and is maintaining BMPs according to the BMP manual, is
carrying out AKART as required or approved by the director, and/or has modified existing practices as
specified by the director, and contaminants continue to enter surface and stormwater or groundwater; or
the person can demonstrate that there are no additional contaminants being discharged from the site above
the background conditions of the water entering the site, then that person shall not be in violation of water
quality provisions of this article. Said person however, remains liable for any prohibited discharges
through illicit connections, dumping, spills, improper maintenance of BMPs, or other discharges in
violation of this article that allow contaminants to enter surface and stormwater or groundwater.
(92) Additional guidance. The director, in consultation with other departments of Federal Way
government, may develop and implement additional guidance information which describes the goals,
objectives, policies, and procedures for a water quality investigation and enforcement program. These
procedures will describe how the city will investigate and respond to reports or instances of
noncompliance with this chapter and shall identify by title the official(s) responsible for implementing the
enforcement procedures.
(e) Inspeotions. The direetor may observe BMPs or examine and/or sample surfaee and storm-water or
groundYlater as often as may be neoessary to determine oomplianee with this ehapter. The director or his
or her designee is further authorized, as set forth in FWCC 2lJQ and 2..Lll, t-o enter in or apon any
publie or private property for the purpose of inspeeting and investigating eonditions relating to the
pollution of or the possible pollution of surfaoe and/0r groundwaters. Whenever an onsite inspectioB ef a
property is made, the findings shall be recorded. /\. eopy of the iBspeetion [mdings shall be furnished te
the owner or the person in eharge of the property after the conclusion of the investigation and eompletion
of the iBspeetion findings.
(dJ) Sampling and analysis. Whenever the director determines that any person has violated or is
violating the provisions of this article, the director may require the person responsible for the violation to
sample and analyze any discharge, surface and stormwater, groundwater, and/or sediment, in accordance
with sampling and analytical procedures or requirements determined by the director. A copy of the
analysis shall be provided to the Federal Way surface water management division.
(e) Enforeement. If the direetor determines that a 'violation has beeR eommitted, the direetor shall
enforee this artiele using Chapter 1 FWCC, f~rticle III, Civil Enforcemeflt of Code. Civil enforeement is
in addition. tEl, and does not limit, any other forms of enfElreement available to the city ineludiBg, but not
limited to, eriminal sanetions or ether remedies as specified herein or in Chaflter 1 FWCC, f.rtieles II and
Ordinance No 09-597
Page 30 of 36
III, Nuisanee and Injunetion aetions, or other eivil or equitable aetions to abate, diseontinue, eerrect or
diseourage unla'Nful aets in violation of this chapter.
ff) ill Summary abatement. In addition to the remedies speeified by Chapter 1 FWCC, l^.rticle III,
Ci'lil Enf-orcement of Code, whene'ler Whenever any violation of this article causes or creates a
condition, the eontinued existenee ef which constitutes an immediate and emergent threat to the public
health, safety or welfare or to the environment, the director may summarily and without prior notice abate
the condition. Notice of such abatement, including the reason for it, shall be given to the person
responsible for the violation as soon as reasonably possible after the abatement. The costs of such
summary abatement shall be recoverable via procedures for recovery of abatement costs as set forth in
Chapter 1 FWCC, Article III, Civil Enforcement of Code. (Ord. 'No. 99-352, S 3, 11-16-99)
SECTION 63. Chapter 21, Article V, Section 21-104, of the Federal Way City Code shall be
amended to read as follows:
21-104 General provisions.
(a) Application of article. This article shall apply to all areas of special flood hazards within the
jurisdiction of Federal Way. The areas of special flood hazard identified by the Federal Insurance
Administration in a scientific and engineering report entitled "The Flood Insurance Study for Federal
Way" dated May 16, 1995, and any revisions thereto, with an accompanying flood insurance rate map
(FIRM), and any revisions thereto, are hereby adopted by reference and declared to be a part of this
article. The flood insurance study and the FIRM are on file at Federal Way City Hall. The best available
information for flood hazard area identification as outlined in FWCC 21-106 shall be the basis for
regulation until a new FIRM is issued that incorporates data utilized under FWCC 21-106.
(b) Penalties for noncompliance. No structure or land shall hereafter be constructed, located,
extended, converted, or altered without full compliance with the terms of this article and other applicable
regulations. Violations of the provisions ef this artiele by failure to eomply with any of its reqtlirements
(ineludi-ng violations of eonditions and safeguards established in eonneetion with eonditions) shall be
enforced by the direotor pursuant to Chapter 1 FWCC, Article III, Ci'lil Enforcement of Cede. Civil
enf-orcement is in addition to, and does not limit, any other ferms of enf-oreement a'lailable to the eity
ineluding, but not limited to, eriminal sanetions or other remedies as speeified herein or in Chapter 1
F'NCC, ,^.rticles II and III, nuisanee and iRjunetion actions, or other ci'/il or equitable actiofls to abate,
diseontinue, eorrect or discourage unlawful acts in violation of this ehapter.
(c) Summary abatement In addition to the remedies specified by Chapter 1 FWCC, Micle III, Civil
Enforeement of Code, wheneyer Whenever any violation of this article causes or creates a condition,-the
continued existence of which constitutes an immediate and emergent threat to the public health, safety or
welfare or to the environment, the director may summarily and without prior notice abate the condition.
Notice of such abatement, including the reason for it, shall be given to the person responsible for the
violation as soon as reasonably possible after abatement. The costs of such summary abatement shall be
recoverable via procedures for recovery of abatement costs as set forth in Chapter 1 FWCC, Article Ill,
Civil Enforcement of Code.
(d) Abrogation and greater restrictions. This article is not intended to repeal, abrogate, or impair any
existing easements, covenants, or deed restrictions. However, where this article and another ordinance,
easement, covenant, or deed restriction conflict or overlap, whichever imposes the more stringent
restrictions shall prevail.
( e) Interpretation. In the interpretation and application of this article, all provisions shall be:
(1) Considered as minimum requirements;
(2) Liberally construed in favor of the governing body; and
(3) Deemed neither to limit nor repeal any other powers granted under state statutes.
(f) Warning and disclaimer of liability. The degree of flood protection required by this article is
considered reasonable for regulatory purposes and is based on scientific and engineering considerations.
Ordinance No 09-597
Page 31 of36
Larger floods can and will occur on rare occasions. Flood heights may be increased by manmade or
natural causes. This article does not imply that land outside the areas of special flood hazards or uses
permitted within such areas will be free from flooding or flood damages. This article shall not create
liability on the part of Federal Way, any officer or employee thereof, or the Federal Insurance
Administration, for any flood damages that result from reliance on this article or any administrative
decision lawfully made hereunder. (Ord. No. 06-536, S 2(Exh. A), 11-7-06)
SECTION 64. Chapter 22, Article I, Section 22-11, of the Federal Way City Code shall be amended
to read as follows:
22-11 Violation of this chapter.
fat Violations. It is unlawful for any person to do or cause any of the following to be done and for a
property owner to permit any of the following to be done on his or her property contrary to or in violation
of this chapter:
(1) Construct, in any way alter, or move any improvement.
(2) Engage in any activity.
(3) Use or occupy any structure or land.
(4) Conduct any use.
(5) Create any conditions.
It is also unlawful for any person to fail to perform any activity or obligation required by this chapter.
Violations identified herein shall constimte misdemeanors subjeet to crimiFlal proseoutiaFl, pl:H'lishable
as set forth herein. This chapter is also subjeet to civil enforcemoo.t, as set forth herein.
(b) Criminal enf-orcement. Upon conyictioR af an unla',yful act uBder or violation of this ehapter, the
property O\vner or other person may be pURished by a fine of not mare than $1,QOO or impris0fl:ed for not
more than ninety (90) days or both for eaeh day ar part of a day during '.Yhicn the unlawful aot or
'o'iolation occurs. The property o''vner or ether person may alsa be ordered to disoontinue the URlawfal act
or correct the violation. Criminal enforoement is in addition ta, and does nat limit an-y ather forms of
enforcement available ta the eity iRelurnng, but not limited to, civil enfereement as specified herem or
Chapter 1 FWCC, }.rticle 1lI, nuisance and iRjURction actions, or ather civil aT eq\:litable aetial'ls to abate,
discontinue, correct or discornage unla'lffl:ll aets in violation of this ehapter.
(c) Civil enforcement. Civil enforcement of the provisions of this chapter and the terms and
conditions of any permit or appro'lal issued prnsuant to this ehapter shall be gO'lemed by Chapter 1
FV1CC, "\[ticle III, Civil Enforcement of Code. Civil enforcement is iR addition to, and does nat limit any
other f{)fffis of enforoement a'railable to the oity including, but not limited to, criminal sanctiofls as
specified herein or Chapter 1 F'NCC, "^.rticles II, 1lI, nuisance and injunetion actions, or other civil or
equitable actions to abat-e, discontinue, oorrect or discourage unla'Nful aots in violation of this ehapt-er.
(Ord. No. 90-43, S 2(175.45), 2-27-90; Ord. No. 99-342, S 5,5-4-99)
SECTION 65. Chapter 22, Article II, Section 22-101, of the Federal Way City Code is hereby
repealed as follows:
22 101 Ceneral responsibility.
The department of comrn.unity development is responsible for the general administration af this
chapter. The city manager shall appoint a direetor of that department and other staff members as is
appropriate for the admiRistratiaR of this ohapter. (Ord. No. 90 43, ~ 2(170.50), 2 27 90)
SECTION 66. Chapter 22, Article II, Section 22-102, of the Federal Way City Code shall be amended
to read as follows:
Ordinance No 09-597
Page 32 of 36
22-102 Authority.
The director of the department of community development has the authority to adopt rules and
regulations to carry out the provisions of this chapter rTitle 1 and has the authority to administer and
enforce this chapter rTitle 1 and any such rules and regulations. It is unlawful to violate or fail to comply
with any provision of this chapter rTitle] or any such rule or regulation. The city manager shall appoint a
director of that department and other staff members such as a planning official as is appropriate. and may
grant them In addition to the authority granted to the department of cotnmUflity development, the direetor
of eOIIlfflUflity development~ and the planning offieial by this ehapter, they shall1:J.ave whatever additional
authority and duties as needed are granted to them by the eity manager, consistent with state and city law.
COrd. No. 90-43, ~ 2(170.55), 2-27-90)
SECTION 67. Chapter 22, Article II, Section 22-103, of the Federal Way City Code shall be amended
to read as follows:
22-103 Forms and operating procedures.
The director of community development may issue application forms, operating procedures, and
similar material~ to facilitate the orderly conduct of the department of community development and
responsibilities. which shall be used, followed. and enforced. The department of eommunity development
shall use, follow aRd enf-orce these materials as if they were part of this chapter. (Ord. No. 90-43, S
2(170.60),2-27-90)
SECTION 68. Chapter 22, Article IT, Section 22-121, ofthe Federal Way City Code shall be amended
to read as follows:
22-121 Code enforcement officer - ~ Authority to in~;estigate.
The code enforcement officer appointed pursuant to FWCC 22-104 shall may, either upon a
complaint or on the officer's own initiative, investigate and pursue enforcement of potential violations of
this chapter. COrd. No. 90-43, S 2(175.25(1)), 2-27-90)
SECTION 69. Chapter 22, Article II, Section 22-122, of the Federal Way City Code shall be amended
to read as follows:
22-122 Code enforcement officer- Entrance on private property.
If the code enforoemcn1: offieer enters upon Prior to entering private property to investigate potential
violations of this chapter, the ~ code enforcement officer, insofar as practicable possible before entering
upon private property, shall present his or her credentials to the owner or person in possession or charge
of the property and request entry. If entry is refused, the code enforcement officer may use every lawful
means and remedy to obtain entry. COrd. No. 90-43, S 2 (175.25 (2)),2-27-90)
SECTION 70. Chapter 22, Article II, Section 22-128, of the Federal Way City Code is hereby
repealed as follows:
22 128 Zoning eitatioB.
(a) The code enforeement offieer may seek issuanoe of a zoniFlg eitation in either of the follo';;-iRg
eireumstanees:
(1) There is a violation ofa posted order tEl sease aetiyity.
Ordinance No 09-597
Page 33 of 36
(2) If, after the time specified in the notice of violation, the activity, eonditions, structure, ar l::lse
oited in the notice of violation still does not conform to this chapter.
(b) The citation 'Jlill be issued to the owner of the property, the occl::lpant or person in charge of the
property and any other person causing or allowing the activity, cOBdition, structure or l::lse to exist or
occur. The issuance of a citation initiates criminal prosecution af the 'liolation. (Ord. No. 90 13, ~
2(175.40),2 27 90)
SECTION 71. Chapter 22, Article II, Section 22-129, of the Federal Way City Code is hereby
repealed as follows:
22 129 Civil enforeement.
The code enf-oreement officer shall enforee the provisioBs of this chapter and the terms and conditiafls
of any permit or approval issl::led pursuant to this chapter as set f-erth in f"\NCC 2LU. (Ord. No. 99 312, ~
5,5 1 99)
SECTION 72. A new section is added to Chapter 22, Article XI, of the Federal Way City Code
(FWRC 19.190.070) to read as follows:
22-577 [19.190.0701 Application of Zonine reeulations.
Except as otherwise provided in this title:
1. No building or part thereof or other structure shall be erected. altered. added to. or enlarged. nor
shall any land. building, structure. or premises be used. designated. or intended to be used for any purpose
or in any manner other than is included among the uses listed in this title as permitted in the district in
which such building, land. or premises are located.
2. No building or part thereof or structure shall be erected. reconstructed. or structurally altered to
exceed in height the limit designated in this title for the district in which such building is located.
3. No building or part thereof or structure shall be erected, nor shall any existing building be altered.
enlarged. or rebuilt or moved into any district. nor shall any open space be encroached upon or reduced in
any manner. except in conformity to the yard, building site area. and building location regulations
designated in this title for the district in which such building or open space is located.
4. No yard or other open space provided about any building for the purpose of complying with
provisions of this title shall be considered as providing a yard or open space for any other building, and
no yard or other open space on one (1) building lot shall be considered as providing a yard or open space
for a building on any other building lot.
SECTION 73. Chapter 22, Article XVIII, Section 22-1604, of the Federal Way City Code shall be
amended to read as follows:
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 relating to signs, including without
limitation the provisions of the International Building Code and the National Electric Code as adopted in
FWCC 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 damaged or deteriorated signs within 30 days of notification by the city. The
area surrounding freestanding signs must be kept free of litter and debris at all times.
Ordinance No 09-597
Page 34 of 36
(c) }~dministrative fee. Abatement. In addition to the abatement authority provided by proceedings
under Chapter 1 FWCC. Article III. the city or its agents may summarily remove any sign placed on a
right-of-way or public property in violation of the terms of this article. 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 cover the city's cost in removing and storing the sign as follows:
(1) First violation fee: $5.00 per sign.
(2) 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
administrative fee shall be in addition to any civil penalty imposed pursuant to this chapter.
(d) Civil enforeemcnt. Ci'/il enforeement of the pro'/isions of this artiele and the terms and eOl'l:ditions
of any permit or approval issued pursuant to this artiele shall be gO'lemed as set f-orth below, and by
Chapter 1 F'NCC, :\rtiele III, Ci'.il Enforeement of Cade. Civil eflfoceement is in additioo. to, and daes
not limit any other forms of enf-oreemelli available to the eity ineluding, but Flat limited to, eriminal
sanetions as speeified herein or Chapter 1 FWCC, :\rticles II and III, Fluisanee aFld injunetiofl aetions, or
other eivil or equitable aetions to abat-e, diseaFltinue, eorrect ar diseourage unlawful aets in vfalation of
this artiele.
(e) Reserved.
ft) 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 ensure compliance with the provisions of this Code.
Such inspections shall be carried out during business hours, unless an emergency exists.
(g) L\batemcnt by the eity.
(1) L\uthority to remave sign. f~s part of any abatement aetioo. under Chapter 1 FV/CC, f.rtiele
III, the eity or its ageH:ts may enter upon the subjeet property and eause any sign whieh violates the
pro'.isioFlS af the sign eode to be remo'led at the expense af the owner, tonalli, lessee oc oeeupalli, either
jointly or severally. In addition to the abatement authority previded by proeeedings under Chapter 1
FWCC, Miele III, the eity or its agents may summarily remo';e any sign plaeed on a right of way ar
publie property in violation of the terms of this artiele. Reeovery af eosts f-er removal af any signs as
pro','ided herein shall be as pro'.ided in Chapter 1 FWCC, L^.rtiele III. (Ord. No. 95-235, 9 4, 6-6-95; Ord.
No. 99-342, S 5, 5-4-99; Ord. No. 05-486,93,4-19-05; Ord. No. 06-523,9 3(Exh. A), 4-18-06)
SECTION 74. Severability. Should any section, subsection, paragraph, sentence, clause, or phrase of
this chapter, or its application to any person or situation, be declared unconstitutional or invalid for any
reason, such decision shall not affect the validity of the remaining portions of this chapter or its
application to any other person or situation. The City Council of the City of Federal Way hereby declares
that it would have adopted this chapter and each section, subsection, sentence, clauses, phrase, or portion
thereof, irrespective of the fact that anyone or more sections, subsections, sentences, clauses, phrases, or
portions be declared invalid or unconstitutional.
SECTION 75. Concurrent Legislation. Currently pending ordinances or resolutions may amend the
same sections as does this one; changes made in this ordinance are intended to be in addition to any
changes made by any other ordinance or resolution, this ordinance is not intended to repeal, reenact, or
Ordinance No 09-597
Page 35 of 36
modifY portions of the section that are enacted, repealed, or modified by any other ordinance or
resolution.
SECTION 76. Corrections. The City Clerk and the codifiers of this ordinance are authorized to make
necessary corrections to this ordinance including, but no limited to, the correction of scrivener/clerical
errors, references, ordinance numbering, section/subsection numbers and any references thereto.
SECTION 77. Ratification. Any act consistent with the authority and prior to the effective date of this
ordinance is hereby ratified and affirmed.
SECTION 78. Effective Date. This ordinance shall take effect and be in force thirty (30) days from
and after its passage and publication, as provided by law.
PASSED by the City Council of the City of Federal Way this 6th day of January, 2009.
CITY OF FEDERAL WAY
ATTEST:
f~~QJillrk
CITY CLERK, C 0 MCNEIL , CMC
APPROVED AS TO FORM:
--fo;;J), ~
CITY ATIORNEY, PATRICIA A. RICHARDSON
FILED WITH CITY CLERK:
PASSED BY CITY COUNCIL:
PUBLISHED ON:
EFFECTNE DATE:
ORDINANCE NO.: 09-597
11-20-2008
01-06-2009
01-10-2009
02-09-2009
Ordinance No 09-597
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