New Vader ordinance promises enforcement of nuisance laws

The Vader City Council has approved a new nuisance enforcement ordinance they say should enable city officials to effectively compel violators to take corrective actions while clearly defining methods for imposing penalties.

Effective enforcement policies have been a significant goal for Mayor Ken Smith’s administration during the last few years, and he told the council during their meeting Thursday this new ordinance, crafted by City Attorney Carol Morris, should alleviate concerns that the city is powerless to enforce its own rules.

“This is what will give us some teeth,” Smith said, stating Morris’ ordinance is expected to make up for the deficiencies in ordinances passed last year, citing her experience with land use laws and her role as an advisor to such entities as the Association of Washington Cities.

The new ordinance, Ors. 2014-09, outlines procedures for all violations of code and zoning regulations, rather than attempting to define enforcement protocols for each kind of violation. Smith said this will allow additions and amendments to such regulations without having to draft a new enforcement method each time, as changes will simply reference Ors. 2014-09.

“What this thing does is give us strength of enforcement for the ordinances that we have passed,” said Council Member Kevin Flynn, stating Ors. 2014-09 would give the city “some power to say, ‘You have to obey the rules.’”

Within the ordinance, a procedure is set in place whereby violators of any city or state zoning, subdivision, building and construction laws may be investigated by the Office of the City Clerk, who would be given all authority to enforce the regulations within the ordinance.

Potential violators would first be given a Notice of Correction with a recommend solution, as well as an expected timeline for compliance, which can be as little as 24 hours for in-person notification or three days from the date of a postmark if notified by mail. It was noted this timeline will be dependent upon the type and degree of the violation, the complexity of the corrective action, as well as the potential violator’s stated intent to comply.

If the timeline is not met, accused violators would then be given Notice of Violation, which may include Stop Work Orders or Emergency Orders to prevent threats to public safety, as well as a list of potential criminal and/or civil penalties for continued violation, noting every day which the violation is allowed to continue is considered a separate offence.

For the first offence of a specific violation within the last five years, the ordinance establishes a civil penalty of $500, the collection of which would be the responsibility of the Office of the City Attorney. If an offender has violated the same regulation more than once within the last five years, these repeat offences will be considered misdemeanors punishable by up to 364 days in jail and/or up to $5,000 in fines. If criminal penalties fail to compel compliance with regulations, the city would then be allowed to pursue measures such as abatement of the offender’s property in order to seek relief.

According to the ordinance, there is no appeal process established for violators who may be subject to criminal penalties outside processes already established by the courts. Violators subject to civil penalties may appeal their Notice of Violation within 15 days to the City Council, which may result in the notice being either upheld, dismissed, or for a modification or further investigation to be ordered. An appeal of any such ruling would then be administrated by Lewis County Superior Court.

Separately, those who have been subject to a Stop Work Order or an Emergency Order may appeal within seven days to the Office of the Mayor, though the hearing will be only for the purpose of determining if proper procedure was followed in issuing the orders as well as whether or not the violation occurred.

Any appeals defined in the ordinance may be put before a mediator if both parties agree to do so, but only if issues such as who will mediate, when and where mediation will take place, and who will pay for the proceedings are agreed upon by both parties beforehand.

The rules set forth in Ords. 2014-09 are expected to be in effect starting May 5, and a full copy of the ordinance is available to the public for review at City Hall.

Officials have said there are a number of potential violators they would like to begin pursuing investigations against, including residents allowing refuse to build up on their property, some building owners with derelict or unsound structures, and certain industrial and commercial uses of properties not properly zoned for such activities.

Smith has said the enforcement mechanism, once the City Clerk has investigated an offence and sent proper notification, will be the Lewis County Sheriff’s Office, as they are currently responsible for enforcing all of Vader’s laws.