HomeMy WebLinkAbout2007-049 Fire Code Inspector Limited Commission; YMC Addition 10.01.030 ORDINANCE NO 2007 -49
AN ORDINANCE relating to the Fire Code, granting Fire Code Inspectors, their manager,
and supervisor, upon receiving a limited commission from the Chief of
Police, the power to issue infractions and criminal citations for the
purpose of enforcing the City of Yakima Fire Code, and adding a new
section 10 01 030 to Chapter 10 01 of the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 10 01 030 is hereby enacted as a new section to Chapter 10 01
of the City of Yakima Municipal Code to read as follows
10 01 030 Limited Commission.
A. Law enforcement officers, Fire Code Inspectors, their manager, and
supervisor may enforce the provisions of Title 10
B Fire Code Inspectors, their manager, and supervisor enforcing this
Title shall comply with the same constitutional and statutory
restrictions concerning the execution of police powers imposed on law
enforcement officers who enforce other criminal laws of the state of
Washington.
C Upon receiving a limited commission from the Chief of Police, Fire
Code Inspectors, their manager, and supervisor shall have the
following enforcement powers when enforcing Title 10
(1) The power to issue citations based on probable cause to
offenders for civil infraction, misdemeanor and gross
misdemeanor violations of Title 10;
(2) The power to prepare affidavits in support of search warrants
and to execute search warrants when accompanied by law
enforcement officers to investigate criminal violations of Title 10
and to seize evidence of those violations.
D A limited commission shall only be issued upon completion of a
Yakima Police Department Limited Commission Training course
Section 2. This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL, signed and a• •roved this 2nd day of October, 2007
/
ATTEST Davi • • ler, Mayor
to - !
City Clerk
Publication Date 10 -5 -2007
Effective Date 11 -4 -2007
(cim)ord/ limitedcommissionfire/ Page 1 of 1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO Z 3 C
FOR MEETING OF Oct. 2, 2007
ITEM TITLE An Ordinance relating to the Fire Code, granting Fire Code Inspectors,
their manager, and supervisor, upon receiving a limited commission from the Chief of
Police, the power to issue infractions and criminal citations for the purpose of enforcing
the City of Yakima Fire Code, and adding a new section 10 01 030 to Chapter 10 01 of
the City of Yakima Municipal Code
SUBMITTED BY William Cook, Director of Community & Economic Development
CONTACT PERSON/TELEPHONE Doug Maples, Code Administration and
Planning Manager (509) 575 -6121
Cynthia Martinez, City Prosecutor
SUMMARY EXPLANATION
For the last several months, the City Council Public Safety Subcommittee has been
reviewing and providing direction to city staff on the limited commission authority for
Code Compliance Officers, Code Inspectors and Fire Inspectors The City legal staff,
Cynthia Martinez, has written separate ordinances because each of these positions
receive their authority for their job responsibilities in separate locations of the YMC,
which made it necessary to amend separate sections of the YMC
Granting each of these positions the authority to write a citation provides the final step to
close the loop on addressing violations found in the YMC City staff has had to rely on
either a police officer or city legal staff to write the citation for any violation With this
ordinance amendment, it now grants authority to other assigned permanent city staff
with limited commissions to write the citation
Presently, the three (3) Animal Control Officers of the Code Administration and Planning
Division have had a limited commission to write citations for animal control issues over
last 3 years.
Resolution Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Approve the prepared ordinance legislation
BOARD RECOMMENDATION City Council Public Safety Sub - Committee
COUNCIL ACTION