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A. It is the general policy of the city to attempt to work cooperatively with responsible parties to achieve voluntary compliance. When enforcement action is deemed necessary, it is the general policy of the city to utilize progressive, incremental enforcement measures under which the selected remedies, penalties and actions are appropriately employed in escalating order of severity as set forth in subsection (B) of this section. However, except as otherwise expressly provided in this chapter, nothing in this subsection (A) shall be construed as limiting the exclusive discretion of the department director in selecting the appropriate enforcement action for each situation.

B. Enforcement actions may, but are not required to, be taken according to the following order of precedence, as applicable:

1. Voluntary compliance.

2. Civil infraction.

3. Notice and order of code violation according to MMC 1.04.050.

4. Citation for a criminal violation whenever the violator fails to meet the deadline of the notice and order of code violation, the violation poses an immediate or serious threat to the public health and safety, the department director determines that the violation is sufficiently egregious to warrant a criminal citation, or other situations designated by the code.

C. In addition to or as an alternative to any of the enforcement actions listed above, civil penalties may be imposed against a responsible party.

D. Where a code section designates a violation as a civil infraction, a civil infraction may be issued without regard to the order of precedence in subsection (A) of this section.

E. Where a code section designates a violation as a misdemeanor or gross misdemeanor, the city may issue a criminal citation without regard to the order of precedence in subsection (A) of this section.

F. Where a code section provides for issuance of a stop work order or the right of the city to stop work or activity, the city may issue such stop work order or stop work or activity without regard to the order of precedence in subsection (A) of this section.

G. A department director may take any enforcement action without regard to precedence, or any available legal recourse provided by law, to eliminate, address, end or otherwise respond to an emergency. (Ord. 017/2020 § 1 (Exh. A))