§ 14.20.030. Enforcement of orders and decisions.  


Latest version.
  • A.

    The municipality may institute appropriate legal action, in law or equity, in any court of competent jurisdiction to enforce any order or decision of the administrative hearings officer, including but not limited to an action to obtain judgment for any civil penalty imposed by a decision of the administrative hearings officer and any assessment of costs imposed pursuant to section 14.50.030.

    B.

    Enforcement of this Code and response to violations through the administrative hearing process shall be cumulative with any other remedies provided under this Code. Failure to pursue administrative enforcement does not waive any other authorized enforcement method. Pursuit of administrative enforcement does not preclude other legal remedies, including injunctive proceedings where available, in any court of competent jurisdiction.

    C.

    The municipality may also serve and file with the court a motion requesting entry of judgment by the court. That motion shall be accompanied by a supporting affidavit based on personal knowledge which establishes defendants' failure to comply with an order or decision under section 14.30.110, that such order has not been stayed, and that defendants have been notified of their right to respond to the motion. No later than 20 days after service of the motion, defendants shall file with the court an answering affidavit. If the answering affidavit states that the order or decision under section 14.30.110 has been obeyed or otherwise offers a defense to the action, the court shall set a hearing to hear and decide the matter. If defendants fail to file an answering affidavit in conformity with this subsection, the court without hearing shall enter judgment against defendants for the relief sought. The judgment shall include the amount of civil fines and costs payable under the court's order.

(AO No. 93-167(S-1), § 1, 4-13-94)