Chapter 7.30
CODE VIOLATIONS
Sections:
7.30.010 Issuance of notice of code violation.
7.30.020 Content of notice of code violation.
7.30.030 Service of notice of code violation.
7.30.040 Compliance inspection.
7.30.050 Extension – Modification.
7.30.010 Issuance of notice of code violation.
A. When the administrator determines that a violation has occurred or is occurring and is unable to secure voluntary correction pursuant to Chapter 7.20 EMC, the administrator may issue a notice of code violation to any and all person(s) responsible for the violation.
B. The administrator may issue a notice of code violation without having attempted to secure voluntary correction. (Ord. 23-658 § 5 (Exh. A)).
7.30.020 Content of notice of code violation.
The notice of code violation shall include the following information:
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), including the date(s) the violation was confirmed. The administrator may choose to attach dated photos to support the description;
E. A statement of each specific authority (e.g., regulation, ordinance, resolution, 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. A statement that civil penalties shall accrue in accordance with Chapter 7.70 EMC, as applicable;
J. A statement that if the corrective action is not completed by the deadline and the notice of code violation is not appealed, the violations(s) shall be deemed committed without further action by the city, and the person responsible may be subject to cumulative penalties as specified in Chapter 7.70 EMC commencing on the final date set for compliance until compliance with the notice of violation is achieved;
K. A statement advising that failure to complete the required corrective action may result in further enforcement action, including modification of any pending or existing city approvals;
L. A statement that the notice may be appealed to the hearing examiner as specified in EMC 7.30.060, with an explanation of the appeal process and the specific information required to file an appeal;
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 advising the responsible person of his/her duty to notify the city of all actions taken to achieve or address compliance with the notice of code violation and to request a compliance inspection as specified in EMC 7.30.040; and
O. A statement advising that, if any of the corrective action is not commenced or completed within the time specified for compliance and the notice of code violation has not been appealed, the city may proceed to abate the violation, cause work to be done, and assess the costs and expenses of abatement incurred by the city as specified in EMC 7.60.050 against the person responsible, and/or take any other legal action provided by law, including but not limited to the filing of a lien on the property for the costs of the abatement and any accompanying fines or penalties, filing a nuisance abatement action in court, or sending the costs, fines, and penalties to collection. (Ord. 23-658 § 5 (Exh. A)).
7.30.030 Service of notice of code violation.
A. The administrator shall serve the notice of code violation upon the person(s) to whom it is directed, either personally or by mailing by regular mail to such person at their last known address.
B. If the person to whom it is directed cannot, after due diligence, be personally served within Pierce County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of code violation conspicuously on the affected property or structure.
C. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring:
1. The time and date of service;
2. The manner by which the service was made; and
3. If service was by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail; or
4. If service was done by mail, that service shall be deemed complete upon the third business day after depositing the notice into the mail. (Ord. 23-658 § 5 (Exh. A)).
7.30.040 Compliance inspection.
A. The city may conduct compliance inspections prior to the compliance date to monitor progress toward compliance.
B. Upon completion of the corrective action required under the notice of code violation, 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.
C. 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 shall be provided by regular mail, email, or personal service.
D. 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 notice of code violation.
E. If the person responsible fails to complete the corrective action or if no response is received by the applicable deadline, the city may abate the violation and recover its costs and expenses in accordance with Chapter 7.60 EMC or take other legal action provided by law, 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 notice of code violation, plus all costs and expenses of abatement, in accordance with EMC 7.60.050. (Ord. 23-658 § 5 (Exh. A)).
7.30.050 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)).
7.30.060 Appeals.
A. A notice of code violation may be appealed to the hearing examiner under the procedures set forth in Chapter 7.80 EMC. During any such appeal, the notice of code violation shall remain in effect.
B. If no appeal is filed, or if a timely appeal is filed and not stayed or reversed, the notice of code violation shall become final. (Ord. 23-658 § 5 (Exh. A)).