22.02.020 Enforcement provisions.
Click here to view prior versions of this section.
The city adopted the code pursuant to its police powers to protect the public's health, safety, and welfare. It shall be unlawful to violate the code. Whenever the city official determines that a violation has occurred or is occurring, the city official, in response to the seriousness and severity of the violation, may utilize one or a combination of the enforcement mechanisms in this section. The following enforcement mechanisms may be used instead of, or in addition to, the summary abatement procedures provided in VMC 22.02.080 and any other remedies available under law:
A. Correction notice. The city official may issue a correction notice to the person responsible for a violation. The correction notice shall conform to the requirements in VMC 22.02.030. The correction notice shall not impose civil or criminal penalties, and the correction notice is not subject to appeal.
B. Notice of civil violation and order. The city official may issue a notice of civil violation and order to the person responsible for a violation. The notice of civil violation and order may require corrective action or actions and impose monetary penalties according to VMC 22.02.070(D).
1. Required corrective action may include an order to vacate a building, structure or premises when vacation is necessary in the interest of health, safety and welfare.
2. The city may abate a violation in accordance with applicable law, if required corrective action is not commenced or stopped within the time specified in the notice of civil violation and order.
3. Non-compliance with the corrective action noted in the notice of civil violation and order constitutes a second or subsequent violation and may result in the issuance of an additional notice of civil violation and order.
4. It shall be a separate offense for each and every day or portion thereof during which any violation is committed.
C. Order to revoke permit. The city official may issue an order to revoke a permit. An order to revoke a permit may be appropriate if the permittee is not complying with the terms of the permit or approved plans; or if the permit is issued in error; or if a permit is issued based upon incorrect information; or if the work is, in the city official’s judgment, adversely effecting or about to adversely effect adjacent property or rights-of-way, a drainageway, watercourse, critical area or stormwater facility, or city water system; or if the issuance of the permit is a hazard to the public health, safety, or welfare; or if a permit is contrary to law.
D. Summary abatement. Whenever any violation of the VMC poses an imminent threat to the health, safety, or welfare of persons or property, or to the environment, the city official may immediately order that the violation be abated in conformance with the requirements contained in VMC 22.02.080.
E. Criminal prosecution. The city official may refer a violation to the city prosecutor for criminal prosecution.
1. As specified in this subsection, a violation of the code may be classified as a misdemeanor or gross misdemeanor:
VMC CHAPTER | CRIMINAL CLASSIFICATION |
VMC Chapter 5.62, Commercial recycling | Gross misdemeanor |
VMC Chapter 5.76, Taxi Code | Misdemeanor |
VMC Chapter 6.12, Garbage disposal | Gross misdemeanor |
VMC Chapter 8.20, Nuisances | Misdemeanor |
VMC Chapter 8.52, False Alarms | Misdemeanor |
VMC Chapter 11.20, Newsracks | Misdemeanor |
VMC Chapter 11.30, Street frontage maintenance | Misdemeanor |
VMC Chapter 11.40, Traffic control code | Misdemeanor |
VMC Chapter 11.50, Utilities in the right of way | Misdemeanor |
VMC Chapter 11.60, Street use permits | Misdemeanor |
VMC Chapter 11.80, Street standards | Misdemeanor |
VMC Chapter 11.90, Construction in the right of way | Misdemeanor |
VMC Chapter 12.04, Street Trees | Misdemeanor |
VMC Chapter 14.04, Water and Sewer Use - Regulations and Charges | Misdemeanor |
VMC Chapter 14.08, Connection to Public Sewers | Misdemeanor |
VMC Chapter 14.09, Stormwater Management - Regulations and Charges | Misdemeanor |
VMC Chapter 14.16, Water and Sewer Service Connections | Misdemeanor |
VMC Chapter 14.24, Erosion control | Misdemeanor |
VMC Chapter 14.25, Stormwater control | Misdemeanor |
VMC Chapter 14.26, Water resources protection | Misdemeanor. Gross misdemeanor: when a repeat violation occurs; or when the person acted with malicious intent, reckless indifference to the law, or knew or reasonably should have known that the condition, act, failure to act or omission that prompted enforcement is in violation of the code. |
VMC Chapter 16.04, Firecode | Misdemeanor |
VMC Chapter 16.20, Fireworks | Misdemeanor |
VMC Chapter 16.30, Consumer fireworks | Misdemeanor, for possession of one pound or less of illegal consumer fireworks, exclusive of external packaging; Gross misdemeanor for possession of more than one pound of illegal consumer fireworks, exclusive of external packaging; Misdemeanor for use of illegal consumer fireworks; Misdemeanor for unlawful use or possession of legal consumer fireworks. |
All Chapters in Title 17 of the VMC, but not including VMC Chapter 17.39 | Misdemeanor |
VMC Title 20, except that title 22 shall not apply to VMC Chapter 20.770, Tree Conservation | Misdemeanor |
Violation of a stop work order issued pursuant to VMC Title 22 | Misdemeanor |
2. It shall be a separate offense for each and every day or portion thereof during which any violation is committed.
3. The city official shall refer a violation to the city attorney's office for criminal prosecution only after the city official first attempts to achieve compliance through the issuance of a correction notice or notice of civil violation and order or order to revoke permit. Provided that, the city official may refer a violation to the city attorney's office for criminal prosecution, without attempting to achieve compliance though civil enforcement options, under the following circumstances:
a. When a repeat violation occurs; or
b. When the person acted with malicious intent, reckless indifference to the law or knew or reasonably should have known that the condition, act, failure to act or omission that prompted enforcement is in violation of the code; or
c. When in the opinion of the city official and city attorney a notice of civil violation and order or order to revoke permit will not be effective or timely.
4. The procedures contained in VMC 22.02.020(E) shall not apply to members of the Vancouver Police Department who possess law enforcement authority to issue criminal citations.
F. Judicial relief. Nothing in this title shall prevent the city from filing a complaint or petition in a court of competent jurisdiction to seek any relief authorized by law before first seeking compliance through civil enforcement options when civil, administrative enforcement options or criminal prosecution would not prove timely or effective. (Ord. M-4047 §12, 2013; Ord. M-4037 §36, 2012; Ord. M-4026 §17, 2012; Ord. M-4022 §61, 2012; Ord. M-3929 §10, 2009; Ord. M-3920 §6, 2009; Ord. M-3857 §3, 2007; Ord. M-3766 §3, 2006; Ord. M-3767 §4, 2006; Ord. M-3692 §17, 2005; Ord. M-3672 §6, 2004; Ord. M-3663 §29, 2004; Ord. M-3660 §15, 2004; Ord. M-3642, 2004; Ord. M-3643, 2004; Ord. M-3638 §32, 2003)