Chapter 23.35
APPEALS AND JUDICIAL ENFORCEMENT OF A NOTICE AND ORDER OR STOP WORK ORDER

Sections:

23.35.010    Administrative appeal – Filing requirements.

23.35.020    Administrative appeal – Procedures.

23.35.030    Administrative appeal – Final order.

23.35.040    Judicial enforcement – Petition for enforcement.

23.35.050    Judicial enforcement – Limitation on defenses.

23.35.010 Administrative appeal – Filing requirements.

(1) Within 21 days of the service of a notice and order or a stop work order, or the issuance of a voluntary compliance agreement or determination not to issue a order, the following persons may file an appeal with the department taking the action:

(a) Any person issued or named in a notice and order or stop work order;

(b) Any owner of property where the violation for which a notice and order or stop work order is issued; and

(c) Any person filing a code enforcement complaint who provides the department with a mailing address and requests to be kept advised of enforcement efforts relating to that complaint who is aggrieved by the department’s action relating to the complaint.

(2) An appeal shall comply with the form, content, and service requirements of Chapter 20.10 SMC and rules promulgated thereunder. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.35.020 Administrative appeal – Procedures.

(1) The appeal hearing shall be conducted as provided for in Chapter 20.10 SMC, except that where specific provisions in this title conflict with Chapter 20.10 SMC, the provisions of this title shall govern.

(2) Enforcement of any notice and order of the director issued pursuant to this title shall be stayed as to the appealing party during the pendency of any administrative appeal under this title, except when the director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

(3) Enforcement of any stop work order of the director issued pursuant to this title shall not be stayed during the pendency of any administrative appeal under this title.

(4) When multiple stop work orders or notices and orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.35.030 Administrative appeal – Final order.

(1) Following review of the evidence submitted, the hearing examiner shall make written findings and conclusions and shall affirm or modify the notice and order or stop work order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the order if the examiner finds that no violation has occurred.

(2) If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.

(3) The hearing examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by state law.

(4) A final order by the hearing examiner affirming or reinstating a notice and order or stop work order renders such notice and order or stop work order a final agency order. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.35.040 Judicial enforcement – Petition for enforcement.

(1) In addition to any other judicial or administrative remedy, the City attorney on behalf of the City may seek enforcement of the director’s order by filing a petition for enforcement in King County superior court.

(2) The petition must name as respondent each alleged person against whom the director seeks to obtain civil enforcement.

(3) A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief and other civil remedy provided by law, or any combination of the foregoing. (Ord. O99-42 § 1; Ord. O99-29 § 1)

23.35.050 Judicial enforcement – Limitation on defenses.

A respondent in a proceeding by petition for enforcement may not assert as a defense any fact or issue that the respondent had an opportunity to assert before the hearing examiner and did not, or upon which the final determination of the hearing examiner was adverse to the respondent. (Ord. O99-42 § 1; Ord. O99-29 § 1)