Chapter 23.25 NOTICE AND ORDERS

Chapter 23.25
NOTICE AND ORDERS

Sections:

23.25.010 Authority.

23.25.020 Effect.

23.25.030 Contents.

23.25.040 Service – Notice and order.

23.25.050 Recording.

23.25.060 Supplementation, revocation, modification.

23.25.070 Administrative conference.

23.25.080 Remedies – Civil penalties – Authority and general provisions.

23.25.090 Remedies – Community service.

23.25.100 Remedies – Cost recovery.

23.25.110 Remedies – Suspension, revocation or limitation of permit.

23.25.120 Remedies – Denial of permit.

23.25.010 Authority.

Whenever a director has reason to believe, based on investigation of documents and/or physical evidence, that a civil code violation exists or has occurred, or that the civil code violations cited in a notice of infraction have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the director is authorized to issue a notice and order to any person responsible for the code violation. Subsequent complaints shall be treated as new complaints for purposes of this section. Issuance of a notice of infraction is not a condition precedent to the issuance of a notice and order. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.020 Effect.

(1) Subject to the appeal provisions of Chapter 23.35 SMC, a notice and order represents a determination that a civil code violation has occurred, that the cited party is a person responsible for the code violation, and that the violations set out in the notice and order require the assessment of penalties and costs and other remedies specified in the notice and order.

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

(a) Additional civil penalties and costs;

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

(d) Permit suspension, revocation, modification and/or denial as prescribed by this chapter; and/or

(e) Abatement by the director and recovery of the costs of abatement according to the procedures described in this title.

(3) Any person identified in the notice and order as responsible for the code violation may appeal the notice and order within 21 days according to the procedures described in Chapter 23.35 SMC.

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

(5) Issuance of a notice and order in no way limits a director’s authority to issue a notice of infraction or stop work order to a person previously cited through the notice and order process pursuant to this title. Payment of the civil penalties assessed under the notice and order does not relieve a person found to be responsible for the code violation of his or her duty to correct the violation and/or to pay any and all civil fines or penalties accruing under notices of infractions or stop work orders issued pursuant to this title. (Ord. O2009-249 § 1; Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.030 Contents.

The notice and order shall contain the following information:

(1) The address, when available, or location of the civil code violation;

(2) A legal description of the real property, the King County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators;

(3) A statement that the director has found the named person to have committed a civil code violation and a brief description of the violation or violations found;

(4) A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated;

(5) The dollar amount of the civil penalty per separate violation;

(6) A statement advising that any costs of enforcement that exceed the amount of the penalty may also be assessed against the person to whom the notice and order is directed;

(7) A statement advising that the notice and order will be recorded against the property in the King County office of records and elections subsequent to service;

(8) A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;

(9) A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the director may 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 several personal obligation of any persons responsible for the code violation;

(10) A statement advising that, if any assessed penalty, fee, or cost is not paid on or before the due date, the director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by a person responsible for the code violation and as a joint and several personal obligation of all persons responsible for the code violation;

(11) A statement advising that any person named in the notice and order or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the hearing examiner within 14 days of the date of service of the notice and order;

(12) A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City of Sammamish permit applications on the subject property;

(13) A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a civil code violation, and that the named party is liable as a person responsible for the code violation; and

(14) A statement advising the person responsible for the code violation of his or her duty to notify the director of any actions taken to achieve compliance with the notice and order. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.040 Service – Notice and order.

(1) Service of a notice and order shall be made on a person responsible for the code violation by one or more of the following methods:

(a) Personal service of a notice and order made on the person identified by the department as being responsible for the code violation, or by leaving a copy of the notice and order at that person’s house of usual abode with a person of suitable age and discretion who resides there.

(b) Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below.

(c) Service by mail may be made for a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail.

(2) If the person responsible for the code violation cannot be personally served within the City of Sammamish, and if an address for mailed service cannot reasonably be determined, then service may be made by publication once in the City’s newspaper of record.

(3) 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) The failure of the director to make or attempt service on any person named in the notice and order shall not invalidate any proceedings as to any other person duly served. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.050 Recording.

(1) Whenever a notice and order is served on a person responsible for the code violation, the director shall file a copy of the same with the King County office of records and elections.

(2) When all violations specified in the notice and order have been corrected or abated the director shall file a certificate of compliance with the King County office of records and elections. 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 filed are still outstanding and continue as liens on the property. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.060 Supplementation, revocation, modification.

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

(2) The director may revoke or modify a notice and order issued under this title if the original notice and order was issued in error or if a party to an order was incorrectly named. Such revocation or modification shall identify the reasons and underlying facts for revocation and shall be filed with the King County office of records and elections. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.070 Administrative conference.

An informal administrative conference may be conducted by the 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. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.080 Remedies – Civil penalties – Authority and general provisions.

(1) Failure to correct a civil code violation in the manner and within the time frame specified by the notice and order subjects the person responsible for code compliance to civil penalties calculated with reference to the schedule contained in Chapter 23.40 SMC.

(2) Civil penalties assessed create a joint and several personal obligation in all persons responsible for the code violation. The City attorney on behalf of the City may collect the civil penalties assessed by any appropriate legal means.

(3) Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the person responsible for the code violation.

(4) The payment of penalties does not relieve a person responsible for the code violation of any obligation to cure, abate or stop a violation. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.090 Remedies – Community service.

The director is authorized to allow a person responsible for the code violation who accumulates civil penalties as the result of a notice and order to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.100 Remedies – Cost recovery.

(1) In addition to the other remedies available under this title, the 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.

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

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

(b) Hauling, storage and disposal expenses;

(c) 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

(d) Interest on the costs of abatement incurred by the City.

(3) 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 on behalf of the City may collect the costs of code compliance efforts by any appropriate legal means.

(4) The City of Sammamish 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. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.110 Remedies – Suspension, revocation or limitation of permit.

(1) The director may suspend, revoke or limit any permit issued by such director whenever:

(a) The permit holder has committed a code violation in the course of performing activities subject to that permit;

(b) The permit holder has interfered with the director in the performance of his or her duties relating to that permit;

(d) Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or

(e) For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site that materially affects an applicant’s ability to meet the permit or approval conditions or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions.

(2) Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such revocation, suspension, or cancellation may be appealed to the hearing examiner using the appeal provisions of this title.

(3) Notwithstanding any other provision of this title, a director may immediately suspend operations under any permit by issuing a stop work order pursuant to Chapter 23.30 SMC. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.25.120 Remedies – Denial of permit.

(1) The City may deny a development proposal permit when, with regard to the site or project for which the permit application is submitted:

(a) Any person has been found in violation and remains in violation of any ordinance, resolution, regulation, or public rule of the City that regulates or protects the public health or the use and development of land or water, whether or not such ordinance, resolution, regulation, or public rule is codified;

(b) Any person has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule; and/or

(c) For any property that has been found in violation and remains in violation of Chapter 21A.50 SMC or of any rule, permit, approval, order, easement, plan, or agreement issued thereunder.

(2) In order to further the remedial purposes of this title, such denial may continue until the violation is cured by restoration accepted as complete by the City and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure.

(3) For the purposes of this section, “found in violation” means:

(a) That a citation, notice and order, or stop work order has been issued and not timely appealed; or

(b) That a voluntary compliance agreement has been entered into; or

(c) That the hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. (Ord. O99-42 § 1; Ord. O99-29 § 1)