Chapter 7.70
CIVIL MONETARY PENALTIES
Sections:
7.70.030 Assessment and collection of monetary penalty.
7.70.040 Reduction of monetary penalty.
7.70.050 Continued duty to correct.
7.70.010 Monetary penalty.
A. Unless otherwise provided, a civil monetary penalty of $250.00 per day shall be imposed by the administrator for each separate code violation. The monetary penalties shall begin immediately after the compliance date set by the administrator pursuant to a notice of code violation issued under Chapter 7.30 EMC or an order issued under Chapter 7.40 or 7.50 EMC.
B. In addition to any penalty that may be imposed by the city, any person who committed a code violation shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.
C. Responsibility for violations of the codes enforced under this chapter and the penalties imposed in this section are joint and several, and the city is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the city required to take action against all persons potentially responsible for a violation. (Ord. 23-658 § 5 (Exh. A)).
7.70.020 Repeat violation.
A repeat violation shall be processed and punished according to the following schedule:
|
Number of Repeat Violations |
Penalty Amount |
|---|---|
|
One |
200% of Civil Penalty |
|
Two |
400% of Civil Penalty |
|
Three or More |
Misdemeanor |
(Ord. 23-658 § 5 (Exh. A)).
7.70.030 Assessment and collection of monetary penalty.
A. The monetary penalty constitutes a personal obligation of the person to whom the notice of code violation issued under Chapter 7.30 EMC or an order issued under Chapter 7.40 or 7.50 EMC is directed.
B. Within 30 calendar days of the compliance date, either set by a notice of code violation issued under Chapter 7.30 EMC, order issued under Chapter 7.40 or 7.50 EMC, or decision of the hearing examiner, whichever is later, the administrator shall issue a notice of assessment identifying:
1. The penalties imposed under this title for any remaining uncorrected violations;
2. Any other costs and/or damages assessed against the person(s) responsible, pursuant to this chapter;
3. A statement informing the person responsible of the right to appeal the amount of the assessment.
C. Notices of assessment shall be served in the same manner as service of a notice of code violation.
D. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date the notice of assessment.
E. The administrator shall issue additional notices of assessment in 30-day increments until a violation is corrected. Each subsequent notice of assessment may be appealed in the same manner as described in Chapter 7.80 EMC; provided, however, that any such appeal shall be limited to only those penalties incurred since the issuance of the preceding notice of assessment.
F. The administrator is authorized to reissue notices of assessment to correct clerical errors and to take appropriate action to collect the monetary penalty, including but not limited to court action.
G. The administrator is authorized to take appropriate action to collect the monetary penalty, including but not limited to referral to a collection agency in accordance with Chapter 3.55 EMC and RCW 19.16.500 or court action. If a court action is instituted to collect the monetary penalty and the city is the prevailing party, the person to whom the notice of violation is directed shall be responsible for the attorney’s fees and court costs incurred by the city related to the court action and the court has the authority to award said fees and costs to the city. (Ord. 23-658 § 5 (Exh. A)).
7.70.040 Reduction of monetary penalty.
A. Upon written request to the director within 10 calendar days of issuance of final billing, the director is authorized to reduce monetary penalties assessed for first-time violators as follows:
1. Up to 75 percent if a good faith effort was made to reconcile the violation;
2. Up to 90 percent of the final billing upon abatement of the violation and if the ability to abate was impacted by factors beyond the reasonable control of the violator; or
3. Up to 100 percent of the final billing upon abatement of the violation, if the person responsible for the violation is the current owner/occupant or purchaser/occupant of a household on the property under a valid land sales contract and the gross family income is no more than 80 percent of the Pierce County median income based on the latest information provided by the Washington State Office of Financial Management. Income information shall be verified through the household’s latest tax return.
B. The director’s decision to reduce or not reduce a monetary penalty shall not be appealable. (Ord. 23-658 § 5 (Exh. A)).
7.70.050 Continued duty to correct.
Payment of a monetary penalty does not relieve the person to whom the notice of code violation and/or order was issued of the duty to correct the violation. (Ord. 23-658 § 5 (Exh. A)).