CODE ENFORCEMENT – ADMINISTRATIVE CITATIONS/NUISANCE BATEMENT/COST RECOVERY Proposed Ordinance Amending RMC Chapter 1.16
CODE
SECTION TOPIC
HOW EXISTING
LANGUAGE
AMENDED
RATIONALE FOR AMENDING
EXISTING LANGUAGE COMMENTS
1.16.010 Enforcement of
Violations Replaced Entirely
This Chapter was first enacted in
1965 and amended, in part, in
1973, 1979, 1995 and minimally
in 2008.
Newly proposed language is
consistent with modern
practice/current law. New
language is more comprehensive
and tailored to more efficiently
meet City’s enforcement goals.
Expressly provides for the recovery of
attorneys’ fees inin any action,
administrative proceeding, or special
proceeding to abate a public
nuisance; and defines public
nuisance.
Provides for criminal prosecution by
misdemeanor or infraction any
violation of the Code.
1.16.020
Misdemeanors
and Infractions;
Continuing
Violations
Replaced Entirely Same as above
Policy decision as to whether to
include
Subsection (b):Notwithstanding any
other provision of this Code, when a
person under the age of eighteen
(18) years is charged with a violation
of this Code, a peace officer may
issue a notice to appear in superior
court to that minor and the charge
shall be deemed an infraction.
CODE ENFORCEMENT – ADMINISTRATIVE CITATIONS/NUISANCE BATEMENT/COST RECOVERY Proposed Ordinance Amending RMC Chapter 1.16
CODE
SECTION TOPIC
HOW EXISTING
LANGUAGE
AMENDED
RATIONALE FOR AMENDING
EXISTING LANGUAGE COMMENTS
1.16.030 Punishment Replaced Entirely Same as above
1.16.040 Authorization to
Cite Replaced Entirely Same as above
1.16.050 Arrest of Violators Replaced Entirely Same as above
1.16.060 Violation of
Notice to Appear Newly Added Section Same as above
1.16.070 Warrant for Arrest
for FTA Newly Added Section Same as above
1.16.080 Aiding and
Abetting Newly Added Section Same as above
1.16.090 Responsibility Newly Added Section Same as above
1.16.100 Public Nuisance Newly Added Section
The code did not have a clear and
a comprehensive and concise
definition of public nuisance.
This provision is consistent with the
changes the City Attorney propose in
a future ordinance amending he
zoning code that will come before the
Council after Planning Commission
review.
1.16.110 Attorney’s Fes Newly Added Section
This section is necessary for the
city to recover attorneys fees in
any action or proceeding to abate
a nuisance – like, for example,
when the City prevails in a an
action to obtain a civil injunction,.