A. General. The building and enforcement official is hereby authorized and directed to enforce the provisions of this title. The building and enforcement official may employ, appoint and designate such employees, representatives or officers to act on his behalf in the enforcement of this title under such control and supervision as the building and enforcement official may specify. Any reference herein to the building and enforcement official shall also refer to his duly authorized representatives. The building and enforcement official, or his authorized representatives shall either upon complaint, or upon his own initiative, investigate potential violations of this title. It shall be the duty of all the city/county officers to assist the building and enforcement official or his authorized representatives in the performance of this duty. It shall be the duty of all officers charged with the enforcement of the law to assist in the enforcement of this title and its provisions.

B. Entrance on to Private Property. When necessary to perform any of his duties under this title or to investigate upon reasonable cause or complaint the existence or occurrence of a violation of this title, the building and enforcement official may enter onto property to inspect the same or to perform any duty imposed or authorized by this title. Provided, that if such building or premises be occupied and not a public place he shall first present proper credentials and request entry; and if such building or premises be unoccupied, he shall first make a reasonable effort to locate the owners or other persons having charge or control of the building or premises and request entry. If such entry is refused, the building official or his authorized representative shall have recourse to every remedy provided by law to secure entry. The right of entry authorized for this section extends to any employee, officer, or person that accompanies the building and enforcement official or his authorized representatives.

All permits and approvals issued under the provisions of this title are hereby conditioned on free access by the building and enforcement official to the property, premises and/or structures involved during any period of construction, improvement, or change, for inspections to assure compliance with this title and any conditions of approval for such permit or approval. The building and enforcement official may enter onto private property, premises and/or structures during any such period of construction, improvement, or change being done pursuant to a permit or approval for such purposes. Provided, that if the property, premises, or structures are occupied he shall first notify the occupant prior to entry.

C. Notice of Noncompliance. If the building and enforcement official determines that any activity, condition, structure, or use exists that does not conform to the provisions of this title he may issue a notice of noncompliance directed to the record owner of the property and/or to such other persons as are causing or contributing to such noncompliance.

A notice of noncompliance shall contain:

1. The name and address of the record owner or other person to whom the notice of noncompliance is directed;

2. The street address when available or a legal description sufficient for identification of the structure, premises, or land upon which the noncompliance is occurring;

3. A statement of the action required to be taken as determined by the building and enforcement official and a date for correction which shall be not less than three weeks from the date of service of the notice of noncompliance unless the building official has determined the noncompliance to be immediately hazardous;

4. A statement that a cumulative civil penalty in the amount of fifty dollars per day shall be assessed against the person or persons to whom the notice of noncompliance is directed for each and every day following the date set for correction on which the noncompliance continues; and,

5. A statement that the building official's determination of noncompliance may be appealed to the hearing examiner upon written notice of appeal together with the payment of a filing fee in accordance with Chapter 15.16, that such appeal shall be filed with the department issuing the notice within fifteen days of service of the notice of noncompliance, and that the per diem civil penalty shall continue to accrue during the pendency of such administrative appeal but is dependent on the outcome of the appeal; and,

6. A statement that the civil penalty constitutes a lien on the property where the violation is occurring and that such lien may be foreclosed and property sold to satisfy said lien and penalty.

The notice of noncompliance shall be served upon the person or persons to whom it is directed either personally in the manner provided for by personal services of summons and complaints or by mailing a copy of the notice of noncompliance by certified mail, postage prepaid, return receipt requested, to such person at his last known address. Proof of such service shall be made at the time of service by a written declaration under penalty of perjury executed by the person making service, declaring the time, date, and manner by which service was made.

A notice of noncompliance issued pursuant to this section constitutes the determination from which an administrative appeal may be taken pursuant to the provisions of Chapter 15.16 of this title. The cumulative civil penalty provided for in Sections 15.25.030 and 15.25.040 shall continue to accrue during the pendency of such appeals but shall be dependent on the outcome of the appeal.

For good cause shown, the building and enforcement official may extend the date set for correction of the notice of noncompliance; provided that such an extension shall not affect or extend the time in which an administrative appeal must be commenced nor shall such extension be for a period of time in excess of one hundred eighty days.

D. Stop Orders. If the building and enforcement official determines that any activity is being established or any improvement is being erected or altered that does not conform to this title, he may issue an order to stop the activity. The building and enforcement official shall prominently post this order on the subject property and shall make reasonable attempts to forward a copy of the order to the owner of the property, the person in charge of the property or occupant thereof, or the person causing the activity to be established or conducted or the improvement to be erected or altered. When any order to stop activity has been posted on the subject property it is unlawful for any person with active or constructive knowledge of the order to conduct the activity or do the work covered by the order until the building and enforcement official has removed the posted copy of the order and issued a written authorization for the activity or work to be continued. Violation of an order to stop activity constitutes a separate offense under the provisions of section 15.24.020.

E. Citations. Whenever the building and enforcement official determines that administrative effort to correct violations of this title would be, or has been, useless or ineffective, he may cause to be initiated criminal proceedings for such violation or violations. In addition to any other means authorized by law for initiation of criminal complaints, the building and enforcement official has the authority to issue and serve a citation when the violation is committed in his presence or to directly file a citation in court if a person refuses to sign a promise to appear or if upon investigation he has reasonable cause to believe that a person or persons has committed a violation of this title. Such citations shall be on forms prescribed or approved by the administrator for the courts of the state of Washington. The building and enforcement official is hereby granted the authority to and shall directly file such citations with the Yakima County district court which filing shall constitute a lawful complaint for initiating criminal charge for violation of the ordinance codified in this title. The court shall issue process for the attendance of the person charged as otherwise allowed or prescribed by law or court rule. It shall be the responsibility of the prosecuting authority of the county/city to prosecute such cases in the name of the county/city. (Ord. 3019 § 68, 1987; Ord. 2947 § 1 (part), 1986).