Chapter 7.20
VOLUNTARY CORRECTION
Sections:
7.20.030 Execution of voluntary correction agreement.
7.20.040 Content of voluntary correction agreement.
7.20.050 Compliance inspection.
7.20.060 Right to appeal waived.
7.20.070 Abatement by the city.
7.20.090 Extension – Modification.
7.20.010 Applicability.
While it is the city’s desire to obtain voluntary correction pursuant to this chapter, compliance is not a prerequisite for pursuing any of the other remedies for correction in this title, or any remedies available in law or equity. This chapter may apply whenever the administrator determines that a code violation has occurred or is occurring. (Ord. 23-658 § 5 (Exh. A)).
7.20.020 General.
The administrator may pursue a reasonable attempt to secure voluntary correction of violations subject to EMC 7.30.010(B). Attempts to secure voluntary compliance may include but are not limited to personal correspondence, providing educational materials, such as door hangers, mailers, and brochures, notification letters, or warning letters. (Ord. 23-658 § 5 (Exh. A)).
7.20.030 Execution of voluntary correction agreement.
A. At the director’s discretion, the director is authorized to execute a voluntary correction agreement between the person responsible for the violation and the city.
B. A voluntary correction agreement may be entered into at any time after issuance of a warning, civil infraction, notice of code violation, or an order and before an appeal is decided pursuant to Chapter 7.80 EMC.
C. When a voluntary correction agreement is entered into, a violation is deemed committed for purposes of Chapter 7.70 EMC.
D. Execution of a voluntary correction agreement in no way limits the city’s ability to suspend, revoke, or limit a permit or other approval as otherwise specified in the code or city ordinances. (Ord. 23-658 § 5 (Exh. A)).
7.20.040 Content of voluntary correction agreement.
A voluntary correction agreement is a contract between the city and person(s) responsible for the violation under which such person(s) agrees to abate the violation within a specified period of time and according to specified conditions. A voluntary correction agreement shall include the following:
A. The address and/or location of the code violation;
B. A legal description of the real property or the Pierce County tax parcel number where the violation has occurred or is located, or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation(s) has occurred or is occurring;
C. The name(s) and address(es) of the person(s) responsible;
D. A description of the code violation(s);
E. A statement of each specific authority (e.g. regulation, ordinance, permit condition, or other provision) that was violated;
F. The corrective action required to abate the code violation;
G. A deadline containing a date and time certain by which the corrective action must be completed;
H. A statement that all required permits to perform the corrective action must be obtained from the proper issuing agency;
I. An agreement by the person responsible for the violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction and limited right of entry agreement;
J. A statement advising the responsible person of his/her duty to notify the city of all actions taken to achieve or address compliance with the voluntary compliance agreement and to request a compliance inspection as specified in EMC 7.20.050;
K. An agreement that by entering into a voluntary correction agreement, the person responsible for the violation waives the right to appeal the violation and/or the required corrective action to an administrative or judicial hearing body, and that a violation is deemed committed for purposes of determining repeat violations in accordance with Chapter 7.70 EMC;
L. A statement advising that, if all terms of the voluntary correction agreement are not met within the time specified for compliance, that:
1. A civil penalty of $250.00 per day will be imposed in accordance with Chapter 7.70 EMC, starting the day after the date set for completion of the corrective action;
2. The city may proceed to abate the violation, cause work to be done, and assess the costs and recover the costs and expenses of abatement incurred by the city against the person responsible, as specified in EMC 7.60.050;
3. The city may take any other legal action, including the filing of a lien on the property for the costs of the abatement and any accompanying fines or penalties or sending the costs, fines and penalties to collection, or modification of any pending or existing city approvals;
M. A statement that payment of a monetary penalty does not relieve the person responsible to whom the notice was issued of the duty to correct the violation and/or to pay any and all civil fines or penalties accruing under this title;
N. A statement that the voluntary correction agreement may be recorded against the property. (Ord. 23-658 § 5 (Exh. A)).
7.20.050 Compliance inspection.
A. Upon completion of the corrective action required under the voluntary correction agreement, the person responsible shall give notice to the administrator. The administrator shall confirm receipt of the notification in writing and provide the anticipated date and time of the compliance inspection.
B. After receiving notice from the person responsible that the corrective action is complete, the administrator shall complete a compliance inspection within three business days, determine if the corrective action is complete, and provide the person responsible with written notice of the determination. The administrator’s determination of whether the corrective action is complete or not complete shall not be appealable and may be provided by regular mail, email, or personal service.
C. If the administrator determines that the corrective action is not complete, the person responsible must complete the corrective action by the deadline outlined in the voluntary correction agreement, or, if the deadline has expired, obtain a written extension from the city pursuant to EMC 7.20.090 and then complete the corrective action.
D. If the person responsible fails to complete the corrective action by the applicable deadlines, the city may abate the violation and recover its costs and expenses in accordance with Chapter 7.60 EMC, and the person responsible shall be liable to the city and assessed a civil penalty of $250.00 per day commencing the day following the date set for the compliance of the voluntary corrective agreement, plus all costs and expenses of abatement, in accordance with EMC 7.60.050. (Ord. 23-658 § 5 (Exh. A)).
7.20.060 Right to appeal waived.
In consideration of the city’s agreement to enter into the voluntary correction agreement, the person responsible shall completely surrender and waive the right to appeal the violation and/or the required corrective action to an administrative or judicial hearing body, under this title or otherwise, upon entering into a voluntary correction agreement. The voluntary correction agreement is a final, binding agreement, it is not a settlement agreement, and its contents are not subject to appeal. (Ord. 23-658 § 5 (Exh. A)).
7.20.070 Abatement by the city.
The city may abate a violation in accordance with Chapter 7.60 EMC if the terms of a voluntary correction agreement are not met. (Ord. 23-658 § 5 (Exh. A)).
7.20.080 Collection of costs.
A. If the terms of a voluntary correction agreement are not met, the person responsible for the violation shall be assessed the following, commencing the day following the date set for the completion of the corrective action until the corrective action(s) are complete:
1. A civil penalty of $250.00 per day per violation, in accordance with EMC 7.70.010;
2. All of the city’s costs related to initiating and monitoring the voluntary correction agreement and the abatement as well as impacts to the public; and
3. All costs and expenses of abatement, in accordance with EMC 7.60.050.
B. Any penalties due and unpaid under this chapter, and all costs and expenses, constitute a debt to the city and may be collected by referral to a collection agency in accordance with Chapter 3.55 EMC and RCW 19.16.500 or court proceedings the same as any other debit in like amount which is in addition to all other existing remedies. In any such action, the prevailing party shall be entitled to recover its reasonably incurred costs, expenses, and fees, including attorneys’ fees. (Ord. 23-658 § 5 (Exh. A)).
7.20.090 Extension – Modification.
An extension of time or modification to the required corrective action may be granted pursuant to EMC 7.10.140. (Ord. 23-658 § 5 (Exh. A)).