15.07.140 Enforcement.
A. Administration and Enforcement. The Washington State Building Code Act provides for the administration and enforcement of this title by the city within its corporate limits.
B. Enforcement Agency. The department of community development is designated as the agency responsible for enforcement of building codes, and the official in charge thereof shall be known as the building official, and Section 103 of Chapter 1 of the International Building Code is amended consistent therewith.
C. The building official is authorized to promulgate such rules, policies and/or procedures as deemed necessary to carry out the intent of this title and provide for the efficient operation of the permit process as it may be administered by the building official and staff. In so doing, the building official may, from time to time, and notwithstanding other provisions of this title:
1. Record with the county recorder’s office notices of building permit and/or land use compliance related activity regarding a specific site, which, after reasonable efforts in working with a property owner, is not brought into conformance with the provisions of this title, or notices and orders as called for under the Dangerous Buildings Code; and/or
2. Call upon the Auburn police chief to assist in the enforcement of this title. The chief or designee is authorized to issue criminal citations for violations of this title when criminal sanctions are appropriate under the Auburn City Code.
D. Venue. Unless specifically directed or assigned otherwise, violations of or failures to comply with any of the codes referenced by this chapter shall be prosecutable in the court of limited jurisdiction authorized to hear cases of the city.
E. Penalties.
1. It is a violation of city code for any person or entity to fail to comply with any provision of the technical codes adopted by reference in this chapter. Unless a different city penalty is specifically provided, a violation of or failure to comply with any of the codes adopted by this chapter shall constitute offenses of the same description, class and category of offense as are indicated in the adopted technical code. If a technical code does not specify an offense, or subjects a violator of the code to “penalties prescribed by law,” a violation of any provision of a technical code shall constitute either (a) a misdemeanor, or (b) a civil infraction and/or civil penalty punishable in accordance with Chapter 1.25 ACC.
2. The penalty for any such offense identified or identifiable as a misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to 90 days and a fine of up to $1,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as a gross misdemeanor for which no penalty is specifically provided shall be punishable by imprisonment in the appropriate city or county jail for a period of up to one year and a fine of up to $5,000, or by both such fine and imprisonment. The penalty for any such offense identified or identifiable as an infraction or civil penalty for which no penalty is specifically provided shall be punishable in accordance with Chapter 1.25 ACC.
3. In determining the appropriate penalty, the building official shall consider the seriousness of the offense, whether it poses a risk to public safety, the violator’s effort to achieve compliance, and the opportunities for alternative enforcement.
F. Nonexclusive Remedy. The penalty provisions hereof are in addition to other enforcement and remedy provisions of the codes adopted by the chapters of this title. (Ord. 6902 § 8, 2023.)