Chapter 1.08
GENERAL PENALTY

Sections:

1.08.010    Designated.

1.08.020    Investigation and notice of violation.

1.08.030    Responding to a notice of violation.

1.08.040    Nuisance.

1.08.050    Applicability.

1.08.010 Designated.

A. Criminal Penalty. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of any ordinance of the city is guilty of a misdemeanor. Except in cases where a different punishment is prescribed by ordinance of the city or state law, any person convicted of a misdemeanor under the ordinances of the city shall be punished by a fine not to exceed $1,000 or by imprisonment not to exceed 90 days, or both. Except in cases where a different punishment is prescribed by ordinance of the city or state law, any person convicted of a gross misdemeanor shall be punished by a fine not to exceed $5,000 or by imprisonment not to exceed one year, or both. Each such person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of the ordinances of the city is committed, continued or permitted by any such person, and he or she is punishable accordingly.

B. Civil Penalty. Any person, firm, or corporation violating any provisions or failing to comply with any of the mandatory requirements of any ordinance of the city may be subject, in addition to other penalties hereunder, to a civil penalty not more than $250.00 per day or portion of a day for each violation, plus payment of the city’s reasonable attorneys’ fees, witness fees, staff time and other costs incurred in enforcing said civil penalty. (Ord. 913 § 1, 2011; Ord. 832 § 1, 2001; Ord. 749 § 1, 1996; Ord. 439, 1981; Ord. 242, 1968)

1.08.020 Investigation and notice of violation.

The city administrator, or his or her designee, shall be authorized to investigate compliance with the city’s regulations and to take reasonable action to bring about compliance with such regulations, including but not limited to the issuance of notices of violation. A notice of violation must contain (A) a separate statement of each standard, code provision or requirement violated; (B) what corrective action, if any, is necessary to comply with the standards, code provision or requirements; (C) a reasonable time for compliance, unless the violation threatens the health and safety of the person(s) named in the notice of violation or any member of the public; (D) a statement indicating that failure to comply with the notice may subject the owner or person causing the violation to further civil and criminal penalties; (E) a statement of the monetary penalty established for the violation; and (F) a statement that the notice represents a determination that a civil violation has been committed by the person named in the notice and that the determination is final unless contested within 15 days as provided in this chapter. (Ord. 913 § 2, 2011)

1.08.030 Responding to a notice of violation.

Any person who receives a notice of violation shall respond within 15 days from the date the notice is served. The date of service is the date the notice of violation is either (A) served on the violator(s) personally, or by leaving a copy of the notice at the house of the violator’s usual abode with some person of suitable age and discretion then resident therein, (B) deposited into the United States mail, postage prepaid, via first class and certified mail, return receipt requested, or (C) is otherwise received, whichever occurs first. When the last day of the period so computed is a Saturday, Sunday, or federal or city holiday, the period shall run until 5:00 p.m. on the next business day. Persons wishing to contest the notice of violation and people who do not wish to contest the notice of violation but wish to explain mitigating circumstances shall file a written request for a hearing within 15 days of the date the notice of violation is served and, upon the city’s receipt of a timely request, a hearing shall be scheduled before the mayor. Failure to timely contest the notice of violation within 15 days of service results in the notice becoming the final and binding order of the city. At or after the appeal hearing, the mayor may (A) sustain the notice of violation; (B) withdraw the notice of violation; (C) continue the review to a date certain for receipt of additional information; or (D) modify the notice of violation, which may include an extension of the compliance date. The mayor shall issue a written decision within 10 days of the completion of the review and shall cause the same to be mailed by regular first class mail to the person(s) names on the notice of violation and, if possible, the complainant. The determination by the mayor shall be final, binding, and conclusive unless a judicial appeal is appropriately filed with the King County superior court. (Ord. 913 § 3, 2011)

1.08.040 Nuisance.

In addition to the penalties provided in CHMC 1.08.010, any condition caused or permitted to exist in violation of any of the provisions of this code is declared a public nuisance, and all remedies given by law for the prevention and abatement of nuisances shall apply regardless of any other remedy. (Ord. 913 § 4, 2011)

1.08.050 Applicability.

The procedures for notification and enforcement set forth in this chapter are intended to apply only where procedures for enforcement of civil violations have not been specifically provided elsewhere in the municipal code. The use of procedures set forth herein shall not require or preclude use of any other procedures allowed by the municipal code or state law. (Ord. 913 § 5, 2011)