Chapter 15.13
VIOLATION – PENALTY

Sections:

15.13.010    Violation – Penalty.

15.13.010 Violation – Penalty.

A. Criminal Penalties. Any person, firm or corporation violating any of the provisions of this title shall, upon conviction, be guilty of a misdemeanor, and each such person, firm or corporation shall be guilty of a separate offense for each and every day or a portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted. Upon conviction of such violation, such person, firm or corporation shall be punishable by a fine of not more than $300.00, or by imprisonment for not more than 90 days, or by both such fine and imprisonment for each separate offense.

B. Civil Infraction. Any person, firm or corporation who violates any provisions of this title shall be subject, in addition to other penalties hereunder, to a civil penalty of not more than $250.00 per day or portion of a day for each violation of this title, plus payment of the city’s reasonable attorneys’ fees, witness fees, staff time and other costs incurred in enforcing said civil penalty. Notices of violation shall be issued by the building official. 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 (1) 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, (2) deposited into the United States mail, postage prepaid, via first class and certified mail, return receipt requested, or (3) is otherwise received, whichever occurs first. 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 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 as follows:

1. A notice of violation issued for failure to obtain a building permit without a prior approved variance shall be scheduled before the board of adjustment.

2. All other violations shall be scheduled before the mayor.

The determination by the mayor or board of adjustment, as the case may be, shall be final, binding and conclusive unless a judicial appeal is filed with the King County superior court within 21 days of the date of issuance of the written determination by the mayor or board of adjustment. Failure to timely appeal the notice of violation results in the notice becoming the final binding order of the city.

C. In those instances where a civil penalty has been imposed for failure to obtain a permit required under this title, such permit shall not be issued until such time as the civil penalty has been paid and all other requirements have been met. As a condition of the final determination of the amount of the civil penalty to be imposed, the building official, mayor or board of adjustment, as the case may be, may require abatement of any nonpermitted construction.

D. Abatement. The building official may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes a violation of CHMC Title 15 when civil or criminal penalties are inadequate to effect compliance. (Ord. 784 § 1, 1998; Ord. 781 § 1, 1998; Ord. 762 § 2, 1997; Ord. 662 § 2, 1992; Ord. 516, 1985)