Chapter 20.05 HOUSING MAINTENANCE CODE


Section 20.05.310 Enforcement actions.

    1. General.  It is the duty of the manager of inspection services to enforce the provisions of this title.
    2. Specific actions.
        a. Municipal infraction.  The doing of any act prohibited or declared to be unlawful, or an offense or a misdemeanor by this code or any ordinance or code herein adopted by reference, or failure to perform any act required by this code or any ordinance or code herein adopted by reference, is a municipal infraction and is punishable by a civil penalty as provided in section 1.04.100 of the municipal code.
        b. Misdemeanor.  Subsection a. notwithstanding, the doing of any act prohibited or declared to be unlawful, an offense or a misdemeanor by this title or any ordinance or code herein adopted by reference, or failure to perform any act required by this title or any ordinance or code herein adopted by reference, may be charged as a misdemeanor by a peace officer and, upon conviction, shall be punishable as provided in section 1.04.100 of the municipal code.  However, no person shall be charged with a municipal infraction and a misdemeanor for the same offense.
        c. Nuisance abatement. Any building erected, raised, converted, or land used in violation of any of the provisions of this title or the requirements thereof, is declared to be a common nuisance and such common nuisance may be abated in such manner as nuisances are now or may hereafter be abated under existing law.
    3. These penalties or any others shall not be exclusive so as to restrict the right of the duly authorized persons to make or order any cancellation or suspension of any license or permit herein authorized.
    4.  Whenever a notice of violation is issued, the inspection services division may give further notice that if compliance with the code is not obtained within the specified time limits, the rental permit will be revoked.  At the end of such period, the inspector will reinspect the dwelling or dwelling unit, and if it is found that the deficiencies or violations described in the notice have not been corrected, the inspector shall give the landlord written notice that the rental permit is revoked.  If the rental permit is revoked, the landlord must cease operating the dwelling or dwelling unit on the date set out in the written notice.  If the dwelling unit is found to be occupied after the date specified in the written notice, the dwelling unit will be placarded and declared unsafe for occupancy, the water, electricity and gas utilities to the dwelling unit will be discontinued, and the landlord will be issued a municipal infraction citation.  Upon correction of all deficiencies and payment of all fees for inspections and all other services and costs expended by the city in the process of achieving compliance, the resumption of water, electricity and gas utility services will be authorized by the manager. (Ord. 2001-0563)