17C.10.050 Violations and Penalties.
A. Unlawful Acts. It shall be unlawful for any person, firm, or corporation to erect, construct, enlarge, alter, extend, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building, structure, or equipment, or cause same to be done, in conflict with or in violation of any of the provisions of the codes named in PCC 17C.10.010. It shall also be unlawful for any person, firm, or corporation to fail to comply with a written order issued by the Building Official or Fire Marshal.
B. Notice of Violation. The Building Official and Fire Marshal are authorized to serve a notice of violation or order on the person responsible for the erection, construction, enlargement, alteration, extension, repair, movement, improvement, removal, conversion, demolition, use, maintenance, or occupancy of a building, structure, or equipment in violation of the provisions of any of the codes named in PCC 17C.10.010, or in violation of a detail statement or a plan approved there under, or in violation of a permit or certificate issued under the provisions of the Pierce County Code. Such order shall direct the discontinuance of the illegal action or condition and the abatement of the violation.
C. Public Nuisance. Buildings, structures, or equipment that have been erected, constructed, enlarged, altered, extended, repaired, moved, improved, removed, converted, demolished, used, occupied, or maintained in conflict with or in violation of any of the provisions of this code are hereby declared to be public nuisances. The Building Official and Fire Marshal are authorized to serve a notice or order upon any person who owns, maintains, or occupies any property where any building, structure or equipment has been erected, constructed, enlarged, altered, extended, repaired, moved, improved, removed, converted, demolished, used, occupied, or maintained in conflict with or in violation of any of the provisions of this Code. Such order shall direct that the building, structure and/or equipment to be permitted or abated shall state the date by which such action must be completed.
D. Penalties.
1. Misdemeanor. It shall be a misdemeanor for any person, firm or corporation to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish, equip, use, occupy or maintain any building or structure or equipment or cause or permit the same to be done in violation of the codes named in PCC 17C.10.010. It shall also be a misdemeanor for any person, firm or corporation to fail to comply with a lawfully issued written order of the Building Official or Fire Marshal. A misdemeanor under this Code shall be punishable by a fine of not more than $1,000.00, or by imprisonment for not more than 90 days, or both. The imposition of a penalty for any violation shall not excuse the violation or allow it to continue.
Each person, firm or corporation found guilty of a misdemeanor shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this Code is committed, continued or permitted by such person, firm or corporation and shall be punishable as provided in this Section.
2. Civil Infraction. Failure to comply with any permit or decision issued pursuant to the Construction and Infrastructure Regulations in Title 17C PCC constitutes a Class 1 civil infraction as defined in Chapter 1.16 PCC.
It shall be a separate offense for any person not authorized by the Building Official or Fire Marshal to remove, mutilate, destroy, or conceal any notice issued or posted by the Building Official or Fire Marshal, or his or her representative, pursuant to the provisions of this Code.
3. Title Notification. In addition to any other sanction or remedial procedure which may be available in any of the codes named in PCC 17C.10.010, the Building Official may record a Certificate of Noncompliance on the parcel upon which the violation is located. Once the violation has been remedied, the Building Official shall record a Certificate of Compliance. The property owner shall pay the cost of recording the Certificates of Noncompliance and Compliance prior to recording of the Certificate of Compliance.
Prior to recording a Certificate of Noncompliance, the Building Official shall provide written notice of intent to record to the property owner. Notice shall be delivered either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested to the address of the owner as shown on the Assessor's tax record.
The property owner may appeal the notice of intent to record a Certificate of Noncompliance to the Building Official. The appeal must be filed within 14 days of the date of written notice of intent to record.
4. Civil Penalty. The provisions of this subsection are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law. Any person who fails to obtain a necessary permit prior to conducting activities governed by the provisions of this Title and/or any person who fails to comply with a written order issued by the Building Official or Fire Marshal may be assessed a civil penalty as follows:
a. The Building Official or Fire Marshal may assess the violator a civil penalty not to exceed $1,000.00 for each violation. Each violation or each day of continued unlawful activity shall constitute a separate violation.
b. Any person who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.
c. The Building Official or Fire Marshal shall impose the penalty provided for in this Section by sending written notice, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty. Such written notice shall describe the violation with reasonable particularity and shall order appropriate corrective action(s) to be taken within a specified time period.
d. Within 14 days after the notice of penalty is received, the person incurring the penalty may apply in writing to the Building Official or Fire Marshal for remission or mitigation of such penalty. Upon receipt of the application, the Building Official or Fire Marshal may remit or mitigate the penalty upon whatever terms are deemed proper to bring about compliance with the applicable regulations.
e. Any decision(s) regarding remission or mitigation of penalties imposed pursuant to this subsection may be appealed to the Pierce County Hearing Examiner under Chapter 1.22 PCC, as an appeal of an administrative official's decision.
f. If the penalty is not appealed, the violator will have up to 30 days after receipt of notice for payment of the penalty, unless a written request is made to the Building Official or Fire Marshal, who may then grant a longer time period for payment.
g. All civil penalties recovered pursuant to this subsection shall be deposited into a fund of the division taking the enforcement action. Any monies collected shall be deposited into an account to be used for the purpose of abatement.