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Title 1
GENERAL PROVISIONSChapters:
1.01 Code Adoption
1.04 General Provisions
1.08 Places for Public Posting
1.12 Initiative and Referendum Procedures
1.16 Enforcement Provisions
1.18 Civil Violations
1.20 Electronic Home Detention Program
Chapter 1.01
CODE ADOPTIONSections:
1.01.010 Adoption.
1.01.020 Title – Citation – Reference.
1.01.030 Codification authority.
1.01.040 Ordinances passed prior to adoption of the code.
1.01.050 Reference applies to all amendments.
1.01.060 Title, chapter and section headings.
1.01.070 Reference to specific ordinances.
1.01.080 Effect of code on past actions and obligations.
1.01.090 Constitutionality.
1.01.100 Effective date.
1.01.010 Adoption.
There is hereby adopted the “Bellevue City Code,” which has been given Clerk’s Receiving No. 21017. (Ord. 4710 § 1, 1994; Ord. 2198 § 1, 1975.)
1.01.020 Title – Citation – Reference.
This code shall be known as the “Bellevue City Code (BCC)” and it is sufficient to refer to said code as the “Bellevue City Code” in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It is sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the Bellevue City Code. Further reference may be had to the titles, chapters, sections and subsections of the Bellevue City Code and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. (Ord. 2198 § 2, 1975.)
1.01.030 Codification authority.
This code consists of all the regulatory and penal ordinances and certain of the administrative ordinances of the city of Bellevue, Washington, codified pursuant to the provisions of RCW 35A.21.130 and 35.21.500 through 35.21.570. (Ord. 2198 § 3, 1975.)
1.01.040 Ordinances passed prior to adoption of the code.
The last ordinance included in the initial code is Ordinance 2142, passed October 7, 1974. The following ordinances, passed subsequent to Ordinance 2142, but prior to adoption of this code, are adopted and made a part of this code:
Ordinance 2147, relating to senior citizens relief on utility occupation tax
Ordinance 2155, amending the procedure for notice of street vacation hearings
Ordinance 2158, amending the procedure for considering plats
Ordinance 2160, relating to city licensing official
Ordinance 2165, relating to charges for copying certain public records
Ordinance 2175, amending the animal control ordinance
Ordinance 2176, relating to taxicab licensing
Ordinance 2179, relating to open burning
Ordinance 2183, adopting environmental procedures. (Ord. 2198 § 4, 1975.)
1.01.050 Reference applies to all amendments.
Whenever a reference is made to this code as the “Bellevue City Code” or to any portion thereof, or to any ordinance of the city of Bellevue, Washington, the reference shall apply to all amendments, corrections and additions heretofore, now or hereafter made. (Ord. 2198 § 5, 1975.)
1.01.060 Title, chapter and section headings.
Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter or section hereof. (Ord. 2198 § 6, 1975.)
1.01.070 Reference to specific ordinances.
The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. (Ord. 2198 § 7, 1975.)
1.01.080 Effect of code on past actions and obligations.
Neither the adoption of this code nor the repeal or amendment hereby of any ordinance or part or portion of any ordinance of the city shall in any manner affect the prosecution for violations of ordinances, which violations were committed prior to the effective date of the ordinance codified in this chapter, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof, required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. (Ord. 2198 § 8, 1975.)
1.01.090 Constitutionality.
If any section, subsection, sentence, clause or phrase of this code is for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. (Ord. 2198 § 9, 1975.)
1.01.100 Effective date.
The ordinance codified in this chapter shall take effect and be in force five days after its passage, approval and legal publication. (Ord. 2198 § 10, 1975.)
Chapter 1.04
GENERAL PROVISIONSSections:
1.04.010 Definitions.
1.04.020 Grammatical interpretation.
1.04.030 Prohibited acts include causing and permitting.
1.04.040 Construction.
1.04.050 Repeal shall not revive any ordinances.
1.04.010 Definitions.
The following words and phrases, whenever used in the ordinances of the city of Bellevue, Washington, shall be construed as defined in this section unless from the context a different meaning is intended or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases:
A. “City” means the city of Bellevue, Washington, or the area within the territorial limits of the city of Bellevue, Washington, and such territory outside of the city over which the city has jurisdiction or control by virtue of any constitutional or statutory provision.
B. “Computation of time” means the determination of the time within which an act is to be done. It is computed by excluding the day of the act, event, or default from which the designated period of time begins to run and including the last day of the period so computed; and if the last day is a Saturday, Sunday or a legal holiday, that day shall be excluded, in which event the period runs until the end of the next day which is neither a Saturday, a Sunday nor a legal holiday.
C. “Council” means the city council of the city of Bellevue, Washington. “All its members,” or “all councilmembers” means the total number of councilmembers provided by the general laws of the state of Washington.
D. “County” means the county of King.
E. “Law” denotes applicable federal law, the constitution and statutes of the state of Washington, the ordinances of the city of Bellevue, and when appropriate, any and all rules and regulations which may be promulgated thereunder.
F. “May” is permissive.
G. “Month” means a calendar month.
H. Must and Shall. Each is mandatory.
I. “Oath” is construed to include an affirmation or declaration in all cases in which, by law, an affirmation may be substituted for an oath, and in such cases the words “swear” and “sworn” are equivalent to the words “affirm” and “affirmed.”
J. “Or” may be read “and” and “and” may be read “or” if the sense requires it.
K. “Ordinance” means a law of the city; provided, that a temporary or special law, administrative action, order or directive may be in the form of a resolution.
L. “Owner,” applied to a building or land, includes any part owner, joint owner, tenant in common, joint tenant or tenant by the entirety, of the whole or part of such building or land.
M. “Person” means natural person, joint venture, joint stock company, partnership, association, club, company, corporation, business, trust, organization or the manager, lessee, agent, servant, officer or employee of any of them.
N. “Personal property” includes money, goods, chattels, choses in action, causes of action, things in action and evidences of debt.
O. “Preceding” and “following” mean next before and next after, respectively.
P. “Property” includes real and personal property.
Q. “Real property” includes lands, tenements and hereditaments.
R. “Sidewalk” means that portion of a street between the curb line and the adjacent property line intended for the use of pedestrians.
S. “State” means the state of Washington.
T. “Street” includes all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs or other public ways in this city which have been or may hereafter be dedicated and open to public use, or such other public property so designated in any law of this state.
U. “Tenant” and “occupant,” applied to a building or land, includes any person who occupies the whole or a part of such building or land, whether alone or with others.
V. Title of Office. Use of the title of any officer, employee, department, board or commission means that officer, employee, department, board or commission of the city.
W. “Written” includes printed, typewritten, mimeographed or multigraphed.
X. “Year” means a calendar year. (Ord. 2936 § 1, 1981; Ord. 2079 § 1, 1974.)
1.04.020 Grammatical interpretation.
The following grammatical rules shall apply in the ordinances of the city:
A. Gender. Designation in the form of any gender includes the masculine, feminine and neuter genders.
B. Singular and Plural. The singular number includes the plural and the plural includes the singular.
C. Tenses. Words used in the present tense include the past and the future tenses and vice versa, unless manifestly inapplicable. (Ord. 2079 § 2, 1974.)
1.04.030 Prohibited acts include causing and permitting.
Whenever in the ordinances of the city any act or omission is made unlawful, it includes causing, allowing, permitting, aiding, abetting, suffering or concealing the fact of such act or omission. (Ord. 2079 § 2, 1974.)
1.04.040 Construction.
The following rules of construction shall apply:
A. The provisions of the ordinances of the city, and all proceedings under them, are to be construed with a view to effect their objects and to promote justice.
B. All words and phrases shall be construed and understood according to the common and approved usage of the language; but technical words and phrases and such others as may have acquired a peculiar and appropriate meaning in the law shall be construed and understood according to such peculiar and appropriate meaning.
C. When an act is required by an ordinance, the same being such that it may be done as well by an agent as by the principal, such requirement shall be construed as to include all such acts performed by an authorized agent.
D. Use of Words and Phrases. Words and phrases not specifically defined shall be construed according to the context and approved usage of the language. (Ord. 2079 § 2, 1974.)
1.04.050 Repeal shall not revive any ordinances.
The repeal of an ordinance shall not repeal the repealing clause of such ordinance or revive any ordinance which has been repealed thereby. (Ord. 2079 § 2, 1974.)
Chapter 1.08
PLACES FOR PUBLIC POSTINGSections:
1.08.010 Designated.
1.08.020 Publication of ordinances.
1.08.010 Designated.
The three public places for posting of all necessary proclamations or documents required by law to be posted shall be the following:
A. Bellevue City Hall, 11511 Main Street.
B. Bellevue Public Library, 11501 Main Street.
C. Lake Hills Library, 15228 Lake Hills Boulevard. (Ord. 3691 § 1, 1986; Ord. 2081 § 1, 1974; 1961 code § 2.16.010.)
1.08.020 Publication of ordinances.
All ordinances passed by the city council shall be published, verbatim, once in the official newspaper of the city as designated by resolution in accordance with RCW 35A.21.230; provided, however, that in lieu of such verbatim publication a summary of the ordinance may be published in such official newspaper. Such summary must be approved by the city council and shall include:
A. The name of the city;
B. The number of the ordinance;
C. A descriptive title of the ordinance;
D. A section-by-section summary of the ordinance;
E. Any other information which the city council finds is necessary to provide a complete summary;
F. A statement that the full text of the ordinance will be mailed without charge to any person upon request.
If the ordinance to be summarized contains provisions regarding taxation or penalties or contains legal descriptions of real property, then the sections containing this matter shall be published in full and shall not be summarized. When a legal description of real property is involved, a notice shall also include the street address or addresses of the property described, if any. In the case of descriptions covering more than one street address, the street addresses of the four corners of the area described shall meet this requirement.
Publication shall be under the direction of the city clerk. All ordinances shall be available for public inspection in the office of the city clerk in accordance with RCW 35A.13.200 and 35A.12.150. (Ord. 3794 § 1, 1987; Ord. 3486 § 1, 1985; Ord. 3388 § 1, 1984; Ord. 2841 § 1, 1980.)
Chapter 1.12
INITIATIVE AND REFERENDUM PROCEDURESSections:
1.12.010 Statement of intent.
1.12.020 General ordinance defined.
1.12.030 Effective date of general ordinances.
1.12.040 Ordinances not subject to initiative and referendum.
1.12.050 Initiative petitions.
1.12.060 Initiative – Procedure by the city clerk – City attorney.
1.12.070 Initiative statement.
1.12.080 Time for filing initiative petitions.
1.12.090 Initiative petition – Requirements.
1.12.100 Form of petitions for ordinances referred to people.
1.12.110 Initiative petition – Checking by clerk.
1.12.120 Initiative petition – Council action.
1.12.130 Initiative petition – Appeal to court.
1.12.140 Initiative – Conduct of election.
1.12.150 Initiative – Notice of election.
1.12.160 Initiative – Ballots.
1.12.170 Ballot title.
1.12.180 Initiative – Effective date – Record.
1.12.190 Initiative – Repeal or amendment.
1.12.200 Initiative – Repeal or amendment – Method.
1.12.210 Initiative – Repeal or amendment – Record.
1.12.220 Referendum petitions.
1.12.230 Referendum statement.
1.12.240 Referendum – Filing suspends ordinance.
1.12.250 Initiative provisions applied to referendum process.
1.12.260 Referendum – Effective date – Record.
1.12.270 Restriction on or abandonment of powers.
1.12.280 Ordinance restricting or abandoning powers – After election.
1.12.010 Statement of intent.
The council adopts the powers of initiative and referendum for the qualified electors of the city. (Ord. 2230 § 1, 1975.)
1.12.020 General ordinance defined.
For the purposes of this chapter and this chapter only, a general ordinance is defined as an ordinance of general application throughout the city. (Ord. 2230 § 2, 1975.)
1.12.030 Effective date of general ordinances.
General ordinances of the city shall not go into effect before 30 days from the time of final passage and are subject to referendum during that period. This clause shall not apply to ordinances exempted by BCC 1.12.040. (Ord. 2230 § 3, 1975.)
1.12.040 Ordinances not subject to initiative and referendum.
A. Ordinances of the city which shall not be subject to the powers of initiative and referendum and which shall become effective five days following their passage and legal publication are as follows:
1. Ordinances initiated by petition;
2. Ordinances providing for local improvement districts;
3. Ordinances appropriating money;
4. Ordinances providing for or approving collective bargaining;
5. Ordinances providing for the compensation of or working conditions of city employees;
6. Ordinances authorizing or repealing the levy of taxes;
7. Ordinances which are not defined as general ordinances; and
8. Any ordinance exempted now or hereafter by state law from initiative and referendum processes.
B. Ordinances of the city which shall not be subject to the powers of initiative and referendum and which shall become effective immediately upon their passage are as follows:
1. Emergency Ordinances. An ordinance passed by a majority plus one of the whole membership of the council, designated therein as a public emergency ordinance necessary for the protection of public health, public safety, public property or the public peace. (Ord. 5712 § 1, 2007; Ord. 2230 § 4, 1975.)
1.12.050 Initiative petitions.
Ordinances may be initiated by petition of electors of the city. If any individual, or committee of individuals, desires to petition the council to enact a proposed measure that individual or committee shall file in the office of the city clerk five printed or typewritten copies of the measure proposed, accompanied by the name and post office address of the proposer. (Ord. 2230 § 5, 1975.)
1.12.060 Initiative – Procedure by the city clerk – City attorney.
Upon filing of the proposed initiative measure, the city clerk shall assign a number to each such initiative petition and forthwith transmit one copy of the measure proposed, bearing such number, to the city council, the city manager and to the city attorney. Within 10 days after the receipt of an initiative measure the city attorney shall formulate therefor and transmit to the city clerk, the city council, the city manager and the individual or committee proposing such measure an initiative statement in the form of a question containing the essential features of the measure. (Ord. 2230 § 6, 1975.)
1.12.070 Initiative statement.
An initiative statement shall be phrased in language so that a “yes” vote will clearly be a vote in favor of the action or condition that would result from the approval of the measure, and a “no” vote will clearly be a vote in opposition to such action or condition. The statement may be distinct from the petitioner’s title of the measure, and shall express and give a true and impartial statement of the purpose of the measure. It shall not be intentionally an argument, nor likely to create prejudice, either for or against the measure. (Ord. 2230 § 7, 1975.)
1.12.080 Time for filing initiative petitions.
Initiative petitions containing the required signatures of registered voters of the city as provided in RCW 35A.11.100 must be filed with the city clerk within 90 days from the date of issuance of the initiative statement by the city attorney. If petitioner fails to file such petition within the prescribed time limit, it shall have no validity and the petition will not be considered by the council as an initiative petition. (Ord. 2230 § 8, 1975.)
1.12.090 Initiative petition – Requirements.
Every signer to a petition submitting a proposed ordinance to the city council shall add to his/her signature the signer’s printed name and his/her place of residence giving street and number. The signatures need not all be appended to one paper, but one of the signers on each paper must attach thereto an affidavit stating the number of signatures thereon, that each signature thereon is a genuine signature of the person whose name it purports to be, and that the statements made therein are true as he believes. (Ord. 2230 § 9, 1975.)
1.12.100 Form of petitions for ordinances referred to people.
The form and sufficiency of the petition shall be as follows:
A. A petition may include any page or group of pages containing the statement prepared by the city attorney along with the initiative number and shall contain the following essential elements when applicable:
1. The text or prayer of the petition shall be a concise statement of the action or relief sought by petitioners;
2. A copy of the ordinance to be referred to the electorate;
3. Numbered lines for signatures with space provided beside each signature for the printed name of the signer, the address of the signer, and the date of signing;
4. The warning statement prescribed in subsection (B) of this section.
B. Petitions shall be printed or typed on single sheets of white paper of good quality and each sheet of petition paper having a space thereon for signatures shall contain the text or prayer of the petition and the following warning:
WARNING
Any person who signs this petition with any other than their true name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name of the signer, the date of the signing, and the address of the signer as follows:
Petitioner’s Petitioner’s Residence
Signature Printed Name Address Date
1.__________________________________________
2.__________________________________________
3.__________________________________________
4.__________________________________________
C. “Signer” means any person who signs his own name to the petition.
D. To be sufficient a petition must contain valid signatures of qualified electors in number equal to not less than 15 percent of the names of persons listed as registered voters within the city on the day of the last preceding city general election.
Within three working days after the filing of a petition, the city clerk shall proceed to make a determination of sufficiency with reasonable promptness and shall file a certificate stating the date upon which such determination was begun, which date shall be referred to as the terminal date. Additional pages of one or more signatures may be added to the petition by filing the same with the city clerk prior to such terminal date. No signatures shall be accepted or withdrawn after such terminal date.
Any signer of a filed petition may withdraw his or her signature by a written request for withdrawal filed with the receiving officer prior to such terminal date. Such written request shall so sufficiently describe the petition as to make identification of the person and the petition certain. The name of any person seeking to withdraw shall be signed exactly the same as contained on the petition and, after the filing of such request for withdrawal, prior to the terminal date, the signature of any person seeking such withdrawal shall be deemed withdrawn.
E. Petitions containing the required number of signatures shall be accepted as prima facie valid until their invalidity has been proved.
F. A variation on petitions between the signatures on the petition and that on the voter’s permanent registration caused by the substitution of initials instead of the first or middle names, or both, shall not invalidate the signature on the petition if the surname and handwriting are the same.
G. Signatures, including the original, of any person who has signed a petition two or more times shall be stricken.
H. Signatures followed by a date of signing which is more than 90 days prior to the date of filing of the petition shall be stricken. (Ord. 2230 § 10, 1975.)
1.12.110 Initiative petition – Checking by clerk.
Within 10 days from the filing of a petition submitting a proposed ordinance the city clerk shall ascertain and append to the petition a certificate stating whether or not it is signed by a sufficient number of registered voters, using the registration records and returns of the preceding municipal election for sources of information, and the council shall allow the clerk extra help for that purpose, if necessary. If the signatures are found by the clerk to be insufficient the petition may be amended in that respect within 10 days from the date of the certificate. Within 10 days after submission of the amended petition the clerk shall make an examination thereof and append a certificate thereto in the same manner as before. If the second certificate shall also show the number of signatures to be insufficient, the petition shall be returned to the person filing it. (Ord. 2230 § 11, 1975.)
1.12.120 Initiative petition – Council action.
If the petition accompanying the proposed ordinance is signed by the registered voters in the city equal in number to 15 percent of names of persons listed as registered voters within the city on the day of the last preceding city general election, and if it contains a request that, unless passed by the city council, the ordinance be submitted to a vote of the people, the council shall either:
A. Pass the proposed ordinance without alteration within 20 days after the city clerk’s certificate that the number of signatures on the petition are sufficient; or
B. Within 20 days after the clerk’s certificate of sufficiency is attached to the petition, cause to be called a special election to be held not less than 30 nor more than 60 days thereafter, for submission of the proposed ordinance without alteration to a vote of the people unless a general election will occur within 90 days, in which event submission must be made thereat. (Ord. 2230 § 12, 1975.)
1.12.130 Initiative petition – Appeal to court.
If the clerk finds the petition insufficient or if the council refuses either to pass an initiative ordinance or order an election thereon, any taxpayer within the city may commence an action in the superior court against the city for the purpose of requiring an election to be held in the city for the purpose of voting upon the proposed ordinance if the court finds the petition to be sufficient. (Ord. 2230 § 13, 1975.)
1.12.140 Initiative – Conduct of election.
Publication of notice, the election, the canvass of the returns, and declaration of the results shall be conducted in all respects as are other city elections. Any number of proposed ordinances may be voted on at the same election, but there shall not be more than one special election for that purpose during any one six-month period. (Ord. 2230 § 14, 1975.)
1.12.150 Initiative – Notice of election.
The city clerk shall cause any ordinance or proposition required to be submitted to the voters at an election to be published in each of the weekly newspapers published within the city. This publication shall be in addition to the notice required in Chapter 29.27 RCW. (Ord. 2230 § 15, 1975.)
1.12.160 Initiative – Ballots.
The ballots used for voting upon a proposed ordinance shall be similar to those used at a general municipal election and shall contain the words “for the ordinance” (stating the nature of the proposed ordinance) and “against the ordinance” (stating the nature of the proposed ordinance). (Ord. 2230 § 16, 1975.)
1.12.170 Ballot title.
When any initiative petition is found to be sufficient by the clerk and the proposal or question is to be submitted to the voters the question or proposal shall be advertised as provided for nominees for office for code cities, and in such cases there shall also be printed on the ballot a concise statement not exceeding 100 words containing the essential features thereof expressed in such a manner as to clearly identify the proposition to be voted upon, which statement shall be prepared by the city attorney. In addition to such a statement, the city attorney preparing the statement shall also prepare a caption, not to exceed 10 words in length, to permit the voters readily to identify the proposition and distinguish it from other propositions on the ballot. This caption shall be placed on the ballot immediately before the statement, and shall be printed in heavy black type in such a manner as to be readable at a glance. The caption and statement together shall constitute the ballot title. (Ord. 2230 § 17, 1975.)
1.12.180 Initiative – Effective date – Record.
If a majority of the number of votes cast thereon favor the proposed ordinance, it shall become effective immediately and shall be made a part of the record of ordinances of the city. (Ord. 2230 § 18, 1975.)
1.12.190 Initiative – Repeal or amendment.
Upon the adoption of an ordinance initiated by petition, the city clerk shall write on the margin of the record thereof “ordinance by petition No. ___,” or “ordinance by vote of the people,” and it cannot be repealed or amended except by a vote of the people. (Ord. 2230 § 19, 1975.)
1.12.200 Initiative – Repeal or amendment – Method.
The council may by means of an ordinance submit a proposition for the repeal or amendment of an ordinance, initiated by petition, by submitting it to a vote of the people at any general election and if a majority of the votes cast upon the proposition favor it, the ordinance shall be repealed or amended accordingly.
A proposition of repeal or amendment must be published before the election thereof as in an ordinance initiated by petition when submitted to election. (Ord. 2230 § 20, 1975.)
1.12.210 Initiative – Repeal or amendment – Record.
Upon the adoption of a proposition to repeal or amend an ordinance initiated by petition, the city clerk shall write upon the margin of the record of the ordinance “repealed (or amended) by ordinance No.____,” or “repealed (or amended) by vote of the people.” (Ord. 2230 § 21, 1975.)
1.12.220 Referendum petitions.
A petition may be filed with the city clerk within 30 days from the passage of a general ordinance by the council, petitioning the council to reconsider an ordinance which is subject to referendum, or to submit same to a vote of the people. (Ord. 2230 § 22, 1975.)
1.12.230 Referendum statement.
A referendum statement on a petition shall be phrased in the following language:
Should Bellevue City Ordinance No. ___ relating to ____, enacted by the Bellevue City Council on _____ be repealed in its entirety? Your signature on this petition indicates your vote in favor of repeal of the attached ordinance in its entirety.
A copy of the ordinance subject to such referendum petition shall be attached to each referendum petition for the information of the parties requested to sign such petition. (Ord. 2230 § 23, 1975.)
1.12.240 Referendum – Filing suspends ordinance.
Upon the filing of a referendum petition, which must contain valid signatures of 15 percent of the total number of names of persons listed as registered voters within the city on the date of the last preceding city general election, within 30 days of the passage of an ordinance petitioning therein that such ordinance be submitted to the electorate, the council shall reconsider an ordinance subject to referendum and upon reconsideration shall defeat it in its entirety or shall submit it to a vote of the people. The operation of an ordinance so protested against shall be suspended until the referendum petition is finally found insufficient or until the ordinance protested against has received a majority of the votes cast thereon at the election. (Ord. 2230 § 24, 1975.)
1.12.250 Initiative provisions applied to referendum process.
All provisions applicable to the form of the petition and sufficiency of signatures required for an initiative petition as set forth in BCC 1.12.090, 1.12.100 and 1.12.110, and to the submission to the vote of the people as set forth in BCC 1.12.140, 1.12.150, 1.12.160 and 1.12.170, shall apply to a referendum petition and to the ordinance sought to be defeated thereby. (Ord. 2230 § 25, 1975.)
1.12.260 Referendum – Effective date – Record.
If a majority of the number of votes cast thereon oppose the ordinance subject to the referendum, such ordinance shall be deemed repealed immediately. (Ord. 2230 § 26, 1975.)
1.12.270 Restriction on or abandonment of powers.
A. The exercise of such initiative and referendum powers may be restricted or abandoned upon passage of a resolution by the council or by the filing of a sufficient petition with the city clerk signed by qualified electors in number equal to not less than 10 percent of the votes cast at the last general municipal election. The sufficiency of the petition for restriction or abandonment shall be determined by the city clerk and certified as to sufficiency.
B. The proposal for restriction of the initiative and/or referendum powers and/or the proposal for abandonment of such powers shall be voted upon at the next general municipal election if one is to be held within 180 days from the date of filing of the petition, or at a special election to be called for that purpose not less than 90 days nor more than 180 days after the passage of the resolution or the certification of sufficiency of the petition. The ballot title and statement of proposition shall be prepared by the city attorney as provided in BCC 1.12.170. (Ord. 2230 § 27, 1975.)
1.12.280 Ordinance restricting or abandoning powers – After election.
If a majority of votes cast at the election favor restriction or abandonment, such powers of initiative or referendum shall be deemed so restricted or abandoned. (Ord. 2230 § 28, 1975.)
Chapter 1.16
ENFORCEMENT PROVISIONSSections:
1.16.010 Enforcement terms defined.
1.16.020 Violation of ordinance a misdemeanor.
1.16.010 Enforcement terms defined.
The following words, whenever used in the ordinances in the city, shall be construed as defined in this section unless from the context a different meaning is specifically defined:
A. “Civil violation” means any offense as defined in BCC 1.18.020(D).
B. “Crime” means a misdemeanor or gross misdemeanor.
C. “Gross misdemeanor” means any crime punishable by a fine not exceeding $5,000, or imprisonment not exceeding one year, or both, unless otherwise specifically defined.
D. “Misdemeanor” means any crime punishable by fine not exceeding $1,000, or imprisonment not to exceed 90 days, or both, unless otherwise specifically defined.
E. “Offense” means any act or omission which violates any ordinance for which a penalty may be prescribed or remedy may be granted.
F. “Public officer” has its ordinary meaning and includes all assistants, deputies, clerks and employees of any public officer and all persons exercising any of the lawful powers or functions of a public officer.
G. “Traffic infraction” means an offense under the provisions of BCC Title 11, for which a monetary penalty may be imposed pursuant to Chapter 46.63 RCW et seq. (Ord. 4440 § 1, 1992; Ord. 3517 § 1, 1985; Ord. 2922 § 5, 1980; Ord. 2079 § 3, 1974.)
1.16.020 Violation of ordinance a misdemeanor.
The violation of any ordinance is a misdemeanor unless otherwise provided by ordinance. Each violation may be prosecuted by the authorities of the city in the name of the people of the state of Washington or the city of Bellevue, or may be redressed by civil action at the option of the authorities of the city, or both. (Ord. 4440 § 2, 1992; Ord. 2079 § 3, 1974.)
Chapter 1.18
CIVIL VIOLATIONSSections:
1.18.010 Purpose.
1.18.020 Definitions.
1.18.030 Voluntary correction.
1.18.040 Notice of civil violation.
1.18.045 Monetary penalty – Trees and vegetation on city or private property – Illegal clearing, cutting, damaging or removal – BCC 3.43.335 and LUC 20.20.900.
1.18.050 Hearing before the hearing examiner.
1.18.060 Abatement by the city.
1.18.065 Entry to buildings and premises – Warrants.
1.18.070 Additional enforcement procedures.
1.18.080 Conflicts.
1.18.090 Meaning of terms.
1.18.100 Severability.
1.18.010 Purpose.
The purpose of this chapter is to establish an efficient system to enforce the development regulations of the city, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish monetary penalties for violations. (Ord. 4212 § 2, 1991.)
1.18.020 Definitions.
As used in this chapter, unless a different meaning is plainly required:
A. “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner and to such an extent as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.
B. “Act” means doing or performing something.
C. “Applicable department director” means the director of the department or any designated alternate empowered by ordinance or by the city manager to enforce a city ordinance or regulation.
D. “Civil violation” means a violation for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation. Traffic infractions pursuant to BCC Title 11 and civil noise infractions pursuant to Chapter 9.18 BCC are specifically excluded from the application of this chapter.
E. “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city regulation.
F. “Emergency” means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.
G. “Hearing examiner” means the Bellevue hearing examiner and the office thereof established pursuant to Chapter 3.68 BCC.
H. “Omission” means a failure to act.
I. “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.
J. “Person responsible for the violation” means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a civil violation or causes or permits a civil violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a civil violation occurs. For violations of the sign code, this definition includes, but is not limited to, sign installers/posters, sign owners, and all other persons who cause or participate in the placement of a sign in a manner that constitutes a civil violation.
K. “Regulation” means and includes the following, as now or hereafter amended:
1. Chapters 9.09 BCC (Junk Cars), 9.10 BCC (Nuisances), 9.11 BCC (Anti-Litter Code), 9.18 BCC (Noise Control), 9.19 BCC (Group Home for Children Community Involvement Process), 9.20 BCC (Fair Housing Practices), 14.30 BCC (Right-of-Way Use Code);
2. BCC Title 20 (Land Use Code); BCC Title 22 (Development Code); BCC Title 23 (Construction Codes) and BCC Title 24 (Utilities Codes);
3. City of Bellevue, Department of Public Works Department Standards, as adopted by Resolution No. 5084, as now or hereafter amended;
4. All standards, regulations and procedures adopted pursuant to the above; and
5. The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city.
L. “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance previously has been sought within two years or a notice of civil violation has been issued within two years.
M. “Violation” means an act or omission contrary to a city development regulation including an act or omission at the same or different location by the same person and including a condition resulting from such act or omission. (Ord. 5151 §§ 6, 7, 1999; Ord. 5002 § 2, 1997; Ord. 4996 §§ 1, 2, 1997; Ord. 4212 § 2, 1991.)
1.18.030 Voluntary correction.
A. Applicability. This section applies whenever the applicable department director determines that a violation of a regulation has occurred or is occurring.
B. General. The applicable department director shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation where possible, explaining the violation and requesting correction.
C. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the applicable department director.
1. Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
a. The name and address of the person responsible for the violation; and
b. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
c. A description of the violation and a reference to the provision(s) of the city ordinance or regulation which has been violated; and
d. The necessary corrective action to be taken, and a date or time by which correction must be completed; and
e. An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses and a monetary penalty pursuant to this chapter from the person responsible for the violation if terms of the voluntary correction agreement are not met; and
f. An agreement that by entering into the voluntary correction agreement the person responsible for the violation waives the right to an administrative appeal of the violation and/or the required corrective action.
2. Right to a Hearing Waived. The person responsible for the violation waives the right to an administrative appeal of the violation and the required corrective action upon entering into a voluntary correction agreement.
3. Extension – Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original conditions unattainable.
4. Abatement by the City. The city may abate the violation in accordance with BCC 1.18.060 if the terms of the voluntary correction agreement are not met.
5. Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with BCC 1.18.040(E), plus all costs and expenses of abatement, as set forth in BCC 1.18.060(D). (Ord. 4212 § 2, 1991.)
1.18.040 Notice of civil violation.
A. Issuance.
1. When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, pursuant to BCC 1.18.030, the applicable department director may issue a notice of civil violation to the person responsible for the violation.
2. The applicable department director may issue a notice of civil violation without having attempted to secure voluntary correction as provided in BCC 1.18.030 under the following circumstances:
a. When an emergency exists;
b. When a repeat violation occurs;
c. When the violation creates a situation or condition which cannot be corrected;
d. When the violation is of the sign code (Chapter 22B.10 BCC);
e. When the violation constitutes a noise disturbance as set forth in BCC 9.18.040(A)(4) or (5); or
f. When the person knows or reasonably should have known that the action is in violation of a city regulation.
B. Content. The notice of civil violation shall include the following:
1. The name and address of the person responsible for that violation; and
2. The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the provision(s) of the city regulation which has been violated; and
4. The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition in accordance with BCC 1.18.060 and the hearing examiner’s order; and
5. The date, time and location of an appeal hearing before the hearing examiner which will be at least 10 days from the date the notice of civil violation is issued; and
6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 48 hours prior to the hearing; except, that this statement need not be included where the violation constitutes a repeat violation, the violation creates a situation or condition which cannot be corrected, the violation is of the sign code (Chapter 22B.10 BCC), or the violation constitutes a noise disturbance as set forth in BCC 9.18.040(A)(4) or (5); and
7. In the case of a violation of the sign code, either a statement indicating that the hearing will be canceled if the monetary penalty recommended by the applicable department director is paid in full to the city at least 72 hours prior to the scheduled hearing, or, in the applicable department director’s discretion, a statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least 72 hours prior to the hearing; and
8. In the case of a violation constituting a noise disturbance as set forth in BCC 9.18.040(A)(4) or (5), a statement indicating that the hearing will be canceled if the monetary penalty recommended by the applicable department director is paid in full to the city at least 72 hours prior to the scheduled hearing; and
9. A statement that the costs and expenses of abatement incurred by the city pursuant to BCC 1.18.060(D) and a monetary penalty in an amount per day for each violation as specified in subsection (E) of this section may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the hearing examiner.
C. Service of Notice. The applicable department director shall serve the notice of civil violation upon the person to whom it is directed, either personally or by mailing a copy of the notice of civil violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within King County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. Extension. No extension of the time specified in the notice of civil violation for correction of the violation may be granted, except by order of the hearing examiner.
E. Monetary Penalty.
1. Except for violations of the sign code (Chapter 22B.10 BCC) or violations constituting a noise disturbance as set forth in BCC 9.18.040(A)(4) and (5), the monetary penalty for each violation per day or portion thereof shall be as follows, with adjustments as allowed pursuant to subsection (E)(4) of this section for repeat violations:
a. First day of each violation, $100.00;
b. Second day of each violation, $200.00;
c. Third day of each violation, $300.00;
d. Fourth day of each violation, $400.00;
e. Each additional day of each violation beyond four days, $500.00 per day.
2. For violations of the sign code (Chapter 22B.10 BCC), the monetary penalty for each violation is $100.00 per sign per day or portion thereof, with adjustments as allowed pursuant to subsection (E)(4) of this section for repeat violations.
3. For violations constituting a noise disturbance as set forth in BCC 9.18.040(A)(4) and (5), the monetary penalty for each violation is $250.00, with adjustments as allowed pursuant to subsection (E)(4) of this section for repeat violations.
4. Effect of Repeat Violations.
a. Violations Other than Sign Code (Chapter 22B.10 BCC) Violations or Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (5). Except in the case of violations of the sign code (Chapter 22B.10 BCC) or violations constituting a noise disturbance as set forth in BCC 9.18.040(A)(4) or (5), the hearing examiner may double the monetary penalty schedule if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations, the hearing examiner shall consider the factors set forth in BCC 1.18.050(D)(3)(b).
b. Sign Code Violations (Chapter 22B.10 BCC). The hearing examiner shall successively double the per sign monetary penalty assessed for each repeat violation.
c. Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (5). The hearing examiner shall successively double the monetary penalty assessed for each repeat violation. Upon the hearing examiner’s finding that a second consecutive repeat violation has occurred, the hearing examiner shall prohibit the issuance of sound amplification permits allowing the operation of amplified sound equipment at the same location or on the same property as the repeat violations occurred for a period of two years from the date of the second consecutive repeat violation.
F. Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.
G. Collection of Monetary Penalty.
1. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed must be paid to the city at the permit center within 10 calendar days from the date of mailing of the hearing examiner’s decision or a notice from the city that penalties are due.
2. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary penalty. (Ord. 5720 § 1, 2007; Ord. 5357 § 15, 2002; Ord. 5151 § 8, 1999; Ord. 4743 § 1, 1995; Ord. 4212 § 2, 1991.)
1.18.045 Monetary penalty – Trees and vegetation on city or private property – Illegal clearing, cutting, damaging or removal – BCC 3.43.335 and LUC 20.20.900.
A. Trees and Vegetation on City Property. BCC 1.18.040(E) shall have no application to a violation of BCC 3.43.335. Instead, the monetary penalty shall be the greater of:
1. Five hundred dollars for each tree cleared, cut, damaged or removed, or for each act of clearing, cutting, damaging or removing vegetation; or
2. Triple the value of each tree cleared, cut, damaged or removed, or of the vegetation cleared, cut, damaged or removed, the value to be the replacement value as determined under the methods described in the Guide for Establishing Value of Trees and Other Plants, published by the International Society of Arboriculture, now or as hereafter amended.
B. Significant Trees on Private Property.
1. BCC 1.18.040(E) shall have no application to a violation of LUC 20.20.900.D. and E. Instead, the monetary penalty shall be the greater of:
a. Two hundred dollars for each significant tree cleared, cut, damaged or removed; or
b. The value of each significant tree cleared, cut, damaged or removed, the value to be the replacement value as determined under the methods described in the Guide for Establishing Value of Trees and Other Plants, published by the International Society of Arboriculture, now or as hereafter amended.
2. Each significant tree removed in violation of the requirements of LUC 20.20.900.D. and E. is a separate violation, subject to separate penalties. (Ord. 5664 § 1, 2006; Ord. 4247 § 1, 1991.)
1.18.050 Hearing before the hearing examiner.
A. Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the hearing examiner not less than 10 calendar days after the notice of civil violation is issued.
B. Prior Correction of Violation or Payment of Monetary Penalty. Except in the case of a repeat violation, a violation which creates a situation or condition which cannot be corrected, or a violation of the sign code (Chapter 22B.10 BCC), the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed required corrective action at least 48 hours prior to the scheduled hearing. In the case of a violation of the sign code, the hearing will be canceled if, in compliance with the statement required pursuant to BCC 1.18.040(B)(7), either the monetary penalty recommended by the applicable department director is paid in full to the city at least 72 hours prior to the scheduled hearing, or the required corrective action is completed and approved by the applicable department director at least 72 hours prior to the scheduled hearing.
C. Procedure. The hearing examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the hearing examiner. The applicable department director and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action, if applicable, is reasonable. The determination of the applicable department director as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action.
D. Decision of the Hearing Examiner.
1. The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.
2. The hearing examiner shall issue an order to the person responsible for the violation which contains the following information:
a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;
b. The required corrective action, or in the case of a violation of the sign code, notification that the illegal signs shall be destroyed by the city;
c. The date and time by which the correction must be completed;
d. The monetary penalties assessed based on the criteria in BCC 1.18.050(D)(3);
e. The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.
3. Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be in accordance with the monetary penalty schedule in BCC 1.18.040(E).
a. Violations Other than Sign Code (Chapter 22B.10 BCC) Violations or Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (5).
i. The hearing examiner shall have the following options in assessing monetary penalties:
(a) Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or
(b) Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the hearing examiner and thereafter; or
(c) Assess no monetary penalties.
ii. In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:
(a) Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation;
(b) Whether the person failed to appear at the hearing;
(c) Whether the violation was a repeat violation;
(d) Whether the person showed due diligence and/or substantial progress in correcting the violation;
(e) Whether a genuine code interpretation issue exists; and
(f) Any other relevant factors.
b. Sign Code (Chapter 22B.10 BCC) Violations. The hearing examiner shall assess a monetary penalty for each sign cited within a single 24-hour period extending from 12:01 a.m. to 12:00 midnight on a single day.
c. Violations Constituting a Noise Disturbance as Set Forth in BCC 9.18.040(A)(4) and (5). The hearing examiner shall assess a monetary penalty for each violation as defined in BCC 9.18.050(C).
d. Effect of Repeat Violations. The hearing examiner shall assess a monetary penalty for each repeat violation as set forth in BCC 1.18.040(E)(4).
4. Notice of Decision. The hearing examiner shall mail a copy of the decision to the appellant and to the applicable department director within 10 working days of the hearing.
E. Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the examiner will enter an order finding that the violation appeared and assessing the appropriate monetary penalty. The city will carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.
F. Appeal to Superior Court. An appeal of the decision of the hearing examiner must be filed with superior court within 20 calendar days from the date the hearing examiner’s decision was mailed to the person to whom the notice of civil violation was directed, or is thereafter barred. (Ord. 5720 § 2, 2007; Ord. 5357 § 16, 2002; Ord. 5151 § 9, 1999; Ord. 4743 § 1, 1995; Ord. 4212 § 2, 1991.)
1.18.060 Abatement by the city.
A. The city may abate a condition which was caused by or continues to be a civil violation when:
1. The terms of voluntary correction agreement pursuant to BCC 1.18.030 have not been met; or
2. A notice of civil violation has been issued pursuant to BCC 1.18.040 and a hearing has been held pursuant to BCC 1.18.050 and the required correction has not been completed by the date specified in the hearing examiner’s order; or
3. The condition is subject to summary abatement as provided for in BCC 1.18.060(B).
B. Summary Abatement. Whenever any violation of a regulation causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
C. Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
D. Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city at the permit center within 10 calendar days. The term “incidental expenses” includes but shall not be limited to personnel costs, both direct and indirect, including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.
E. Interference. No person shall obstruct, impede, or interfere with the city or its agents, or with any person who owns, or holds any interest or estate in any property, in performing any tasks necessary to correct the violation. (Ord. 4212 § 2, 1991.)
1.18.065 Entry to buildings and premises – Warrants.
Whenever necessary to make an inspection to determine whether a civil violation has occurred or is occurring, or to enforce any provision of the Bellevue City Code, or regulation issued thereunder, violation of which is a civil violation under this chapter, the applicable department director or his designee may enter any building or premises at any reasonable time, provided if such building or premises is occupied he shall first present credentials and demand entry; and if such building or premises is not occupied, he shall first make a reasonable effort to locate the owner or other person having charge of the building or premises and demand entry. If such entry is refused, or the owner or other person having charge of the building or premises cannot be located, the applicable department director or his designee shall have recourse to every remedy provided by law to secure entry, including recourse to the district or superior court for issuance of a warrant authorizing such entry and inspection. (Ord. 4534 § 1, 1993.)
1.18.070 Additional enforcement procedures.
The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Bellevue City Code except as precluded by law. (Ord. 4212 § 2, 1991.)
1.18.080 Conflicts.
In the event of a conflict between this chapter and any other provision of the Bellevue City Code or city ordinance providing for a civil penalty, this chapter shall control. Provisions of the Penal Code, BCC Title 10 and Title 10A1, do not apply to this chapter. (Ord. 4212 § 2, 1991.)
1.18.090 Meaning of terms.
For the purposes of this code, whenever “civil infraction” and “civil penalty” are used in any code, ordinance or regulation of the city, these terms shall be deemed to have the same meaning as the terms civil violation and monetary penalty, respectively, as used herein. (Ord. 4212 § 2, 1991.)
1.18.100 Severability.
If any one of more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 4212 § 2, 1991.)
Chapter 1.20
ELECTRONIC HOME DETENTION PROGRAMSections:
1.20.010 Findings.
1.20.020 Created.
1.20.030 Eligibility.
1.20.040 Program replaces jail term.
1.20.010 Findings.
The city council finds as follows:
A. An electronic home detention plan will provide a cost-effective means for the city to provide for the housing of persons committed to jail for certain misdemeanor or gross misdemeanor violations of city ordinances; and
B. The city is in need of such a program for the housing of certain defendants sentenced to jail for such violations or incarcerated awaiting trial or sentencing for such violations; and
C. It is in the best interest of the city to repeal Ordinance 4952 and to enact a new ordinance which will implement a new electronic home detention program that includes standards for eligibility and authorizes a pre-trial release component to the electronic home detention program; and
D. Any such program should include minimum eligibility standards as established by the Bellevue probation department in accordance with and in compliance with federal, state and local laws. (Ord. 5634 § 1, 2005.)
1.20.020 Created.
A new electronic home detention program is hereby created in the city of Bellevue. The city manager or designee is authorized and directed to establish a new electronic home detention program, and to take such steps as may be necessary or appropriate to implement the program. The program shall be operated in accordance with the minimum standards as set forth in the standards established by the Bellevue probation department in accordance with, and in compliance with federal, state and local laws, and with such other standards, procedures, rules and regulations as may be promulgated from time to time by the city manager or designee. (Ord. 5634 § 3, 2005.)
1.20.030 Eligibility.
Defendants who are committed to jail for sentencing or who are awaiting trial or sentencing for misdemeanor and gross misdemeanor violations of law, and who are not precluded by court order from serving such commitment in the city’s electronic home detention program and who meet the minimum standards established by the Bellevue probation department and the additional standards, procedures, rules and regulations for the program promulgated under the authority of BCC 1.20.020, may serve their incarceration in an electronic home detention program. Subject to any limitations on the maximum number of offenders who can be served by the program at any time, the chief of police or the city of Bellevue is hereby authorized to place all defendants who are found to be eligible for the city’s electronic home detention program and whose commitments are not precluded by court order into the program. (Ord. 5634 § 4, 2005.)
1.20.040 Program replaces jail term.
Defendants who have successfully participated in and completed the city’s electronic home detention program shall be considered to have completed their term of commitment in jail, subject to any other conditions that may be placed upon their commitment by the court. (Ord. 5634 § 5, 2005.)
Footnotes:
1. Code reviser's note: BCC Title 10A was repealed by Ord. 5622.
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