HomeMy WebLinkAbout2007-047 Building Code Inspectors Limited Commission; YMC Addition 11.01.030 ORDINANCE NO. 2007 -47
AN ORDINANCE relating to the Building Code, granting Building 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 Building Code, and adding a new section 11 01 030 to Chapter
11 01 of the City of Yakima Municipal Code.
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 Section 11 01 030 is hereby enacted as a new section to Chapter 11 01 of the
City of Yakima Municipal Code to read as follows.
11.01.030 Limited Commission.
A. Law enforcement officers, Building Code Inspectors,
their manager, and supervisor may enforce the provisions of Title 11
B Building 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, Building Code Inspectors, their manager, and supervisor have the
following enforcement powers when enforcing Title 11
(1) The power to issue citations based on probable
cause to offenders for civil infraction, misdemeanor and
gross misdemeanor violations of Title 11,
(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 11 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 approve• is 2nd da of October, 2007
, Z 4 /
40
David Edler, Mayor
ATTEST
L . j o i _ f _, 414 c�.
City Clerk
Publication Date. 10 -5 -2007
Effective Date 11-4 -2007
( cim )ord /limitedcommissionbuilding /Page 1 of 1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO 23 l�
FOR MEETING OF Oct. 2, 2007
ITEM TITLE An Ordinance relating to the Building Code, granting Building 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 Building Code, and adding a new section 11 01 030 to
Chapter 11 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.
ity Manager
STAFF RECOMMENDATION Approve the prepared ordinance legislation
BOARD RECOMMENDATION City Council Public Safety Sub - Committee
COUNCIL ACTION