Chapter 8.45
NUISANCES

Sections:

8.45.010    Purpose.

8.45.015    Declaration of nuisance.

8.45.020    Definitions.

8.45.030    Voluntary correction.

8.45.035    Administrative notice and order.

8.45.040    Filing of nuisance abatement action in district court.

8.45.050    Hearing before the district court.

8.45.060    Abatement by the city.

8.45.070    Additional enforcement procedures.

8.45.080    Conflicts.

8.45.010 Purpose.

The purpose of this chapter is to establish an efficient system to enforce the development, land use, and public health regulations of the city, to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations, and to establish penalties for violations, including abatement of any affected properties. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.015 Declaration of nuisance.

All violations of city of Burien ordinances are found and declared to be detrimental to the public health, safety, and welfare and further found and declared to be nuisances. Nuisances create public harm. Prevention and correction of nuisances are necessary to prevent public harm. For purposes of this chapter, “public nuisances” and “private nuisances” shall have the same meaning. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.020 Definitions.

As used in this chapter, unless a different meaning is plainly required:

(1) “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil violation by such means, in such a manner, and to such an extent

as the applicable department director determines is necessary in the interest of the general health, safety and welfare of the community.

(2) “Act” means doing or performing something.

(3) “Administrative notice of violation” means the notice of violation issued pursuant to BMC 8.45.035.

(4) “Applicable department director” means the city manager or his designee, including any department director or other designee, empowered by ordinance or by the city manager to enforce a city ordinance or regulation.

(5) “Civil violation” means a violation for which a monetary penalty may be imposed as specified in this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation.

(6) “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, and all acts authorized by a city regulation.

(7) “District court” shall mean the King County District Court, South Division.

(8) “Emergency” means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property.

(9) “Nuisance” (also referred to herein as “violation” or “nuisance violation”) means:

(a) A violation of any city of Burien ordinance;

(b) Doing an act, omitting to perform any act or duty, or permitting or allowing any act or omission, which annoys, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or which obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant; or

(c) The existence, without limitation, of any of the following conditions:

(i) Trash Covered Premises. Any premises containing trash or abandoned materials, except that kept in garbage cans or containers maintained for regular collection;

(ii) Dangerous Structures. Any dangerous, decaying, unkempt, falling or damaged dwelling, fence, or other structure;

(iii) Potential Vermin Habitat or Fire Hazard. Any accumulation of material on a property including, but not limited to, animal matter, ashes, bottles, boxes, broken stone, building materials which are not properly stored or neatly piled, cans, cement, crates, empty barrels, dead animals or animal waste, glass, litter, mattresses or bedding, old appliances or equipment or any parts thereof, furniture, iron or other scrap metal, packing cases, packing material, plaster, plastic, rags, wire, yard waste or debris or other objects which endanger property or public safety, or constitute a fire hazard or vermin habitat; provided, that nothing herein shall prevent the temporary retention of waste in approved, covered receptacles;

(iv) Junk Vehicles. Any wrecked, inoperable, abandoned or disassembled trailer, house trailer, boat, tractor, automobile or other vehicle, or any parts thereof. A junk vehicle includes apparently inoperable, immobile, disassembled or extensively damaged vehicles. Evidence of inoperability and damage includes, but is not limited to, a buildup of debris that obstructs use, a broken window or windshield, a missing wheel, a flat tire, a nonfunctional motor or transmission, missing bumpers, or missing license plates; provided nothing herein shall prevent the keeping or storage of any vehicle on private property which is screened from view;

(v) Attractive Nuisances. Any attractive nuisance which may prove detrimental to children whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children. This includes unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or edifice; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors;

(vi) Obstructions to the Public Right-of-Way. Use of property abutting a public street or sidewalk or use of a public street or sidewalk which causes any obstruction to traffic or to open access to the streets or sidewalks; provided, that this subsection shall not apply to events, parades, or the use of the streets or public rights-of-way when authorized by the city. This section includes the existence of drainage onto or over any sidewalk, street or public right-of-way, and the existence of any debris or plant growth on sidewalks adjacent to any property;

(vii) Vegetation. Any noxious or toxic weed or uncultivated plant, weeds or tall grass which may be a fire hazard, or any tree which is in danger of falling and creates a substantial risk of damage or injury;

(viii) Illegal Dumping. Dumping of any type by any person on public or private property not registered as a legal dump site; and

(ix) Dumping in Waterways. Dumping, depositing, placing or leaving of any garbage, ashes, debris, gravel, earth, rock, stone or other material upon the banks, channels, beds or bars of any navigable water, or the felling of any tree or trees, so that the same shall in whole or in part project within the high water bank of any navigable watercourse, or the casting, placing, depositing or leaving of any logs, roots, snags, stumps or brush upon the banks or in the bed or channel of any navigable watercourse.

(10) “Omission” means a failure to act.

(11) “Person” means any individual, firm, association, partnership, corporation or any entity, public or private.

(12) “Person responsible for the violation” means any person who has an interest in or resides on the property, whether as owner, tenant, occupant, or otherwise.

(13) “Repeat violation” means a violation of the same regulation in any location by the same person, for which voluntary compliance previously has been sought or a notice of civil violation has been issued, within the immediately preceding 12-consecutive-month period.

(14) “Superior Court” shall mean the Washington State Superior Court for King County. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.030 Voluntary correction.

(1) Applicability. While it is the city’s desire to obtain voluntary correction pursuant to this section, compliance herewith is not a prerequisite for pursuing any of the other remedies for correction in this chapter, or any remedies available in law or equity. This section may apply whenever the applicable department director determines that a nuisance has occurred or is occurring.

(2) General. The applicable department director may attempt to secure voluntary correction by contacting the person responsible for the nuisance and, where possible, explaining the violation and requesting correction.

(3) Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation and the city, acting through the applicable department director.

(a) Content. The voluntary correction agreement is a contract between the city and the person responsible for the violation under which such person agrees to abate the violation within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:

(i) The name and address of the person responsible for the violation; and

(ii) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

(iii) A description of the violation and a reference to the regulation which has been violated; and

(iv) The necessary corrective action to be taken, and a date or time by which correction must be completed; and

(v) 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 agreement; and

(vi) An agreement by the person responsible for the violation that the city may abate the violation and recover its costs and expenses (including attorney fees, expert witness fees, and court costs) and/or a monetary penalty pursuant to this chapter from the person responsible for the violation if the terms of the voluntary correction agreement are not satisfied; and

(vii) An agreement that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the district court under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.

(b) Right to a Hearing Waived. Upon entering into a voluntary correction agreement, the person responsible for the violation shall have no right to a hearing before the district court under this chapter or otherwise, regarding the matter of the violation and/or the required corrective action.

(c) Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the applicable department director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction under the original conditions.

(d) Abatement by the City. The city may abate the violation in accordance with BMC 8.45.060 if the terms of the voluntary correction agreement are not met.

(e) Collection of Costs. If the terms of the voluntary correction agreement are not met the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with BMC 8.45.040(5), plus all costs and expenses of abatement, as set forth in BMC 8.45.060(4). [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.035 Administrative notice and order.

(1) Effect.

(a) An administrative notice of violation represents a determination that a civil code violation has occurred, that the cited party is a person responsible for code compliance, and that the violations set out in the administrative notice of violation require the assessment of penalties and costs and other remedies specified in the administrative notice of violation.

(b) Failure to correct the civil code violation in the manner prescribed by the administrative notice of violation subjects the person to whom the administrative notice of violation is directed to the use of any of the compliance remedies provided by this title, including:

(i) Additional civil penalties and costs;

(ii) A requirement that abatement, remediation and/or mitigation be performed;

(iii) Abatement by a director and recovery of the costs of abatement under BMC 8.45.060; or

(iv) Any other legal or equitable remedy within this chapter or at law.

(c) Any person identified in the administrative notice of violation as responsible for code compliance may appeal the administrative notice of violation by filing a written notice of appeal with the city clerk no more than 10 days following the date of the administrative notice of violation along with a $100.00 filing fee. The appellant must include in the notice of appeal concise statements indicating the reasons why the administrative notice of violation is in error. This requirement that the notice of appeal contain concise reasons for the appeal is jurisdictional, and upon motion of the city attorney, the hearing examiner shall dismiss appeals failing to comply with the requirements in this section regarding content of the notice of appeal. Appeals before the hearing examiner shall be scheduled and conducted as set forth in BMC 2.20.070. For purposes of the appeal hearing before the hearing examiner, the appellant bears the burden of establishing, by a preponderance of the evidence, that the appellant has not violated the applicable ordinances and regulations of the city of Burien. Should the appellant not prevail on appeal before the hearing examiner, the appellant shall reimburse the city the hearing examiner’s fees for conducting the appeal hearing.

(d) Failure to appeal the administrative notice of violation within the applicable time limits shall render the administrative notice of violation a final determination that the conditions described in the administrative notice of violation existed and constituted a civil code violation, and that the named party is liable as a person responsible for code compliance.

(e) Issuance of an administrative notice of violation in no way limits a director’s authority to issue a stop work order to a person previously cited through the administrative notice of violation process pursuant to this title, or to pursue any of the other remedies for compliance set forth in this chapter. Payment of the civil penalties assessed under the administrative notice of violation does not relieve a person found to be responsible for code compliance of his or her duty to correct the violation and/or to pay any and all civil fines or penalties accruing under this chapter.

(2) Contents. The administrative notice of violation shall include the following:

(a) The name and address of the person responsible for code compliance; and

(b) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

(c) A description of the violation and a reference to the provision(s) of the city regulation(s) which has been violated; and

(d) The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition in accordance with BMC 8.45.060; and

(e) A statement specifying the amount of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent; and

(f) Statements advising that:

(i) If any required work is not commenced or completed within the time specified, a director will proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation;

(ii) If the date for compliance is to be extended, such request for an extension must be made, in writing, to the department within three days of the date of the administrative notice of violation;

(iii) If any assessed civil penalty is not paid, a director will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation; and

(iv) A statement advising that the order shall become final, unless, no later than 10 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the city of Burien hearing examiner pursuant to subsection (1) of this section.

(3) Service of Administrative Notice of Violation. The city shall serve the administrative notice of violation upon the person responsible for code compliance, either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address. If the person responsible for code compliance cannot be personally served within King County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.

(4) Extension. Extensions of the time specified in the administrative notice of violation for correction of the violation may be granted at the discretion of the applicable department director; provided, however, that should a person in violation desire to extend the time by which compliance is required as stated in the administrative notice of violation, such a request must be made to the department in writing within three days of the date of the administrative notice of violation; the department has the authority to deny the request.

(5) Monetary Penalty. The monetary penalty to be imposed concurrent with the notice of administrative violation shall be $100.00. The city may waive the monetary penalty if corrective action is completed by the date specified in the notice of administrative violation. If corrective action is not completed by the date specified in the notice of administrative violation, the $100.00 shall remain in effect. The notice of administrative violation shall contain a second deadline for compliance to be established by the department. If the corrective action is not completed by the second deadline, the penalty shall increase to $250.00. The notice of administrative violation shall contain a third deadline for compliance. If the corrective action is not completed by the third deadline, the penalty shall increase to $500.00. The department shall have the discretion to impose penalties in an amount lower than those shown above.

(6) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice of civil violation was issued of the duty to correct the violation.

(7) Collection of Monetary Penalty.

(a) The monetary penalty constitutes a personal obligation of the person to whom the administrative notice of violation is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date the penalty is imposed pursuant to the notice of administrative violation. Any such monetary penalty shall further constitute a lien against the affected real property, in the manner as set forth in BMC 8.45.060(6).

(b) The city attorney is authorized to pursue any legal or equitable action to collect the monetary penalty, including referring the action to a collection agency.

(8) Recording.

(a) Whenever an administrative notice of violation is served on a person responsible for code compliance, the city attorney shall cause to have recorded a copy of the administrative notice of violation with the King County records and elections division, or its successor agency.

(b) When all violations specified in the administrative notice of violation have been corrected or abated, the city attorney shall cause to have recorded a certificate of compliance with the King County records and elections division, or its successor agency. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property.

(9) Supplementation, Revocation, Modification.

(a) Whenever there is new information or a change in circumstances, a director may add to, rescind in whole or part or otherwise modify an administrative notice of violation by issuing a supplemental notice and order. The supplemental administrative notice of violation shall be governed by the same procedures applicable to all administrative notice of violations contained in this title.

(b) A director may revoke or modify an administrative notice of violation issued under this title if the original notice and order was issued in error or if a party to an order was incorrectly named. The revocation or modification shall identify the reasons and underlying facts for revocation and shall be recorded with the King County records and elections division, or its successor agency.

(10) Administrative Conference. An informal administrative conference may be conducted by a director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences.

(11) Remedies – Civil Penalties – Authority and General Provisions.

(a) Failure to correct a civil code violation in the manner and within the time frame specified by the administrative notice of violation subjects the person responsible for code compliance to civil penalties as set forth in BMC 8.45.040(5).

(b) Civil penalties assessed create a joint and several personal obligations in all persons responsible for code compliance. The city attorney may collect the civil penalties assessed by any appropriate legal means.

(c) Civil penalties assessed also authorize the city of Burien to take a lien for the value of civil penalties imposed against the real property of the person responsible for code compliance.

(d) The payment of penalties does not relieve a person responsible for code compliance of any obligation to cure, abate or stop a violation.

(12) Remedies – Cost Recovery.

(a) In addition to the other remedies available under this title, a director may charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for code compliance, including legal and incidental expenses to the extent these costs exceed the amount of the penalty paid. Such costs are due and payable 30 days from mailing of the invoice.

(b) For purposes of this section, “legal and incidental expenses” shall include but are not limited to:

(i) Personnel costs, both direct and indirect, including attorney’s fees and costs incurred to document the violation as soon as the violation occurs;

(ii) Hauling, storage and disposal expenses;

(iii) Actual expenses and costs of the city in preparing notices, specifications and contracts and in accomplishing or contracting and inspecting the work and the costs of any required printing or mailing; and

(iv) Interest on the costs of abatement incurred by the city.

(c) All costs assessed by the city in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for code compliance. The city attorney may collect the costs of code compliance efforts by any appropriate legal means.

(d) The city of Burien may take a lien for the value of the costs of pursuing code compliance against the real property of the person responsible for code compliance.

(13) Remedies – Abatement – Authorized. In addition to or as an alternative to any other judicial or administrative remedy, a director may use the administrative notice of violation provisions of this title to order any person responsible for code compliance to abate the violation and to complete the work at such time and under such conditions as a director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, a director may proceed to abate the violation pursuant to BMC 8.45.060. [Ord. 383 § 1, 2003]

8.45.040 Filing of nuisance abatement action in district court.

(1) Issuance.

(a) When the applicable department director determines that a violation has occurred or is occurring, the department director may cause the city attorney to issue a notice and order of civil violation and summons to the person responsible for the violation.

(b) The notice and order of civil violation and summons may issue without the city having attempted to secure voluntary correction as provided in BMC 8.45.030 at the discretion of the department director.

(2) Content. The notice and order of civil violation and summons shall include the following:

(a) The name and address of the person responsible for that violation; and

(b) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

(c) A description of the violation and a reference to the provision(s) of the city regulation(s) which has been violated; and

(d) The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition in accordance with BMC 8.45.060; and

(e) The date, time and location of an appeal hearing before a judge, judge pro tem, or commissioner of the district court which will be at least 20 days but no more than 60 days from the date the notice of civil violation is issued, unless such date is continued by the district court for good cause shown; and

(f) A statement indicating that the hearing will be canceled and no monetary penalty will be assessed, other than the district court filing fee, if the applicable department director approves the completed, required corrective action prior to the hearing; and

(g) A statement that the costs and expenses of abatement incurred by the city pursuant to BMC 8.45.060(4), and a monetary penalty in an amount per day for each violation as specified in subsection (5) of this section, may be assessed against the person to whom the notice of civil violation is directed as specified and ordered by the district court.

(3) Service of Notice and Order of Civil Violation and Summons. The city shall serve the notice and order of civil violation and summons upon the person responsible for code compliance, either personally or by mailing a copy of the notice of civil violation by certified or registered mail, return receipt requested, to such person at their last known address. If the person responsible for code compliance cannot be personally served within King County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of civil violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person affecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.

(4) Extension. Extensions of the time specified in the notice and order of civil violation and summons for correction of the violation may be granted at the discretion of the applicable department director or by order of the district court.

(5) Monetary Penalty. The monetary penalty for each violation shall be $100.00, which shall increase to $250.00 if the violation is not corrected within seven days prior to the district court hearing, and which shall increase to $500.00 if the violation is not corrected by the date of the scheduled hearing in district court.

(6) Continued Duty to Correct. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the notice and order of civil violation and summons was issued of the duty to correct the violation.

(7) Collection of Monetary Penalty.

(a) The monetary penalty constitutes a personal obligation of the person to whom the notice and order of civil violation and summons is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of mailing of the district court’s decision or a notice from the city that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property, in the manner as set forth in BMC 8.45.060(6). Payment of the monetary penalty does not relieve the person responsible for code compliance of the duty to correct the violation.

(b) The city attorney is authorized to take appropriate action to collect the monetary penalty. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.050 Hearing before the district court.

(1) Notice. A person to whom a notice of civil violation is issued will be scheduled to appear before the district court not less than 20 calendar days nor more than 60 calendar days after the notice of civil violation is issued. Continuances may be granted at the discretion of the applicable department director, or by the district court for good cause shown.

(2) Prior Correction of Violation. The hearing will be canceled and no monetary penalty will be assessed, other than the district court filing fee, if the applicable department director approves the completed required corrective action prior to the scheduled hearing.

(3) Procedure. The district court shall conduct a hearing on the civil violation pursuant to the then-current applicable rules of civil procedure for district courts of limited jurisdiction. The applicable department director and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable under the circumstances. The determination of the applicable department director as to the need for the required corrective action shall be accorded substantial weight by the court in determining the reasonableness of the required corrective action.

(4) Decision of the District Court.

(a) The district court shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable under the circumstances, and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions.

(b) The district court shall issue an order to the person responsible for the violation which contains the following information:

(i) The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

(ii) The required corrective action;

(iii) The date and time by which the correction must be completed;

(iv) The monetary penalties assessed based on the criteria in subsection (4)(c) of this section; and

(v) The date and time after which the city may proceed with abatement of the unlawful condition if the required correction is not completed.

(c) Assessment of Monetary Penalty. Monetary penalties assessed by the district court shall be in accordance with the monetary penalty in BMC 8.45.040(5).

(i) The district court shall have the following options in assessing monetary penalties.

(A) Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter; or

(B) Assess monetary penalties beginning on the correction date set by the applicable department director or an alternate correction date set by the district court and thereafter; or

(C) Assess less than the established monetary penalty set forth in BMC 8.45.040(5), based on the criteria of subsection (4)(c)(ii) of this section; or

(D) Assess no monetary penalties.

(ii) In determining the monetary penalty assessment, the district court shall consider the following factors:

(A) Whether the person responded to staff attempts to contact the person, and cooperated to correct the violation;

(B) Whether the person failed to appear at the hearing;

(C) Whether the violation was a repeat violation;

(D) Whether the person showed due diligence and/or substantial progress in correcting the violation;

(E) Whether a genuine, “close call” code interpretation issue exists; and

(F) Any other relevant factors.

(iii) The district court may double the monetary penalty schedule if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations the district court shall consider the factors set forth in subsection (4)(c)(ii) of this section.

(5) Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear without lawful excuse at the scheduled hearing, the district court will enter an order with findings pursuant to subsection (4)(b) of this section and assess the appropriate monetary penalty pursuant to subsection (4)(c) of this section. The city may enforce the district court’s order and recover all related expenses, including attorney fees, plus the costs of the hearing and any monetary penalty from that person.

(6) Appeal to Superior Court. Any appeal of the decision of the district court shall be prosecuted pursuant to the then-current Rules for Appeal from Courts of Limited Jurisdiction (RALJ). [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.060 Abatement by the city.

(1) The city may abate a condition which was caused by or continues to be a civil violation when:

(a) The terms of voluntary correction agreement pursuant to BMC 8.45.030 have not been met; or

(b) An administrative notice of violation has been issued pursuant to BMC 8.45.035 and the required correction has not been completed by the date specified in the administrative notice of violation; or

(c) A notice and order of civil violation and summons has been issued pursuant to BMC 8.45.040 and a hearing has been held pursuant to BMC 8.45.050 and the required correction has not been completed by the date specified in the district court’s order; or

(d) The condition is subject to summary abatement as provided for in subsection (2) of this section.

(2) Summary Abatement. Whenever any nuisance causes a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the city be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person responsible for the violation.

(3) Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

(4) Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or control of the property and shall become due and payable to the city within 10 calendar days. The term “incidental expenses” includes but is not limited to personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs and expenses shall constitute a lien against the affected property, as set forth in subsection (6) of this section.

(5) Interference. Any person who knowingly obstructs, impedes, or interferes with the city or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.

(6) Lien – Authorized. The city of Burien shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.

(a) The applicable department director shall cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated.

(b) The claim of lien shall contain sufficient information regarding the notice of civil violation, as determined by the applicable department director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(c) Any such claim of lien shall be verified by the applicable department director, and may be amended from time to time to reflect changed conditions.

(d) No such liens shall bind the affected property for a period longer than five years, without foreclosure or extension agreed to by the property owner. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.070 Additional enforcement procedures.

The provisions of this chapter are not exclusive, and may be used in addition to other enforcement provisions authorized by the Burien Municipal Code except as precluded by law. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]

8.45.080 Conflicts.

In the event of a conflict between this chapter and any other provision of the Burien Municipal Code or other city ordinance providing for a civil penalty, this chapter shall control. [Ord. 383 § 1, 2003; Ord. 146 § 1, 1995]