HomeMy WebLinkAbout2007-048 Code Compliance Officer Limited Commission; YMC Addition 51.25.090 ORDINANCE NO. 2007-48
AN ORDINANCE relating to the Yakima Urban Area Zoning Code, granting Code
Compliance Officers, 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 Yakima Urban Area Zoning Code and the nuisance provision
of Title 6, and adding a new section 15.25 090 to Chapter 15 25 of
the City of Yakima Municipal Code
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 15.25 090 is hereby enacted as a new section to Chapter
15.25 of the City of Yakima Municipal Code to read as follows
15.25 090 Limited Commission
A. Law enforcement officers, Code Compliance
Officers, their manager, and supervisor may enforce the
provisions of Title 15 and Chapter 6 56 of Title 6
B Code Compliance Officers, their manager, and
supervisor enforcing the codes enumerated in YMC
15.25 090(A) 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, Code Compliance Officers, their manager,
and supervisor shall have the following enforcement powers
when enforcing Title 15 and Chapter 6 56 of Title 6
(1) The power to issue citations based on
probable cause to offenders for civil
infractions, misdemeanor and gross
misdemeanor violations of Title 15 and
Chapter 6 56 of Title 6,
(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 15 and Chapter 6 56 of Title
6, 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
(cim)ord /limitedcommissioncodes /Page 1 of 2
PASSED BY THE CITY COUNCIL, signed and approved this 2nd day of
October, 2007
A. /
David Edler, Mayor
ATTEST
City Clerk
Publication Date 10 -5 -2007
Effective Date 11 -4 -2007
(cim)ord /limitedcommissioncodes /Page 2 of 2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO 23 6
FOR MEETING OF Oct. 2, 2007
ITEM TITLE An Ordinance relating to the Yakima Urban Area Zoning Code, granting
Code Compliance Officers, 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 Urban Area Zoning Code and the
nuisance provision of Title 6, and adding a new section 15.25 090 to Chapter 15.25 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. �—
Manager
STAFF RECOMMENDATION Approve the prepared ordinance legislation
BOARD RECOMMENDATION City Council Public Safety Sub - Committee
COUNCIL ACTION