Chapter 1.15 CODE ENFORCEMENT (Effective before August 25, 2009)

The purpose of this chapter is to establish a fair and efficient system to enforce City codes, to provide an opportunity for a prompt hearing and decision on alleged violations of these codes, and to establish monetary penalties for violations and to establish a process for appeal. (Ord. 01-1006 § 1)

1.15.020 Definitions.

For the purposes of this chapter, the following words and phrases shall be defined as indicated below:

A. “Code Enforcement Officer” means the City employee(s) designated by the City Manager or the Director of Public Works to enforce the civil provisions of the SeaTac Municipal Code (SMC).

B. “Person responsible for the violation” means any person who commits any act or omission which is a violation or causes or permits a violation of the City code to occur or remain upon property in the City, and includes but is not limited to owner(s), lessor(s), tenant(s), or other person(s) entitled to control, use and/or occupy property where a violation occurs.

C. “Repeat violations” means a violation of the same City code in any location by the same person for which code enforcement has been undertaken within two (2) years prior.

D. “Residential” means any use or activity related to a single-family dwelling.

E. “Violation” means an act or omission contrary to City code including an act or omission at the same or different location by the same person and including a condition resulting from such act or omission. (Ord. 01-1006 § 1: Ord. 95-1012 § 1: Ord. 90-1075 § 2: Ord. 90-1048 § 2)

1.15.025 Violations.

A. Violations of the following titles and chapters of the SeaTac Municipal Code shall be remedied in accordance with SMC 1.15.045 through 1.15.075 by way of correction agreement and/or notice of infraction: Chapter 5.05 SMC, regarding business licenses and regulations; Chapter 5.10 SMC, relating to solicitors and canvassers; Chapter 7.15 SMC, regarding property maintenance; and Chapter 7.25 SMC, regarding junk vehicles and vehicle storage.

B. Zoning Code violations, unless provided otherwise, and violations of Chapter 7.40 SMC, relating to garbage code; Chapter 11.05 SMC, relating to road standards; Chapter 11.10 SMC, relating to right-of-way use; and Chapter 12.10 SMC, relating to storm water management, shall be remedied in accordance with SMC 1.15.120 through 1.15.160, the notice and order procedures. Violations of SMC Title 13 related to buildings and construction shall be remedied in accordance with SMC 1.15.120 through 1.15.160, the notice and order procedures, unless otherwise specified in SMC 13.100.120. However, for violations not specified in SMC 13.100.120, the Code Enforcement Officer has discretion to issue a notice of infraction pursuant to SMC 1.15.065 for repeat violations.

C. Monetary Penalties. The monetary penalty for each violation per day or portion thereof shall be as follows:

1. For nonresidential violations:

a. First day of each violation, one hundred dollars ($100.00);

b. Second day of each violation, two hundred dollars ($200.00);

c. Third day of each violation, three hundred dollars ($300.00);

d. Fourth day of each violation, four hundred dollars ($400.00);

e. Each additional day of violation beyond four days, five hundred dollars ($500.00) per day.

2. For residential violations, the penalty is one hundred dollars ($100.00) per day of violation. (Ord. 05-1001 § 3; Ord. 04-1016 § 1: Ord. 04-1014 § 3: Ord. 01-1006 § 1)

1.15.030 Applicability and procedures.

This chapter may be applied for the purpose of enforcing the designated provisions of the City’s Municipal Code. Whenever the City Manager, or designee, determines that a violation has occurred or is occurring the procedures of this chapter shall be followed. (Ord. 01-1006 § 1: Ord. 90-1048 § 3)

1.15.040 Right of entry.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 4)

1.15.045 First contact.

The Code Enforcement Officer shall attempt to secure correction of any violation(s) by contacting the person and/or property owner responsible for the violation, in person, in writing or by telephone, and, where possible, explaining the violation and requesting correction within a reasonable time consistent with established policies. (Ord. 01-1006 § 1)

1.15.050 Alternative legal remedies.

Notwithstanding the existence or use of any other remedy, the City Manager, or designee, may seek legal or equitable relief to enjoin any acts or practices, as an alternative or in addition to following the procedures of this chapter. (Ord. 01-1006 § 1: Ord. 90-1048 § 5)

1.15.055 Criminal violations.

The City Prosecuting Attorney shall have the discretion to file a violation of the provisions of this chapter as a criminal misdemeanor when a person willfully or knowingly violates, by way of repeat violations, City codes or regulations set forth by this chapter or by any act of commission or omission procures, aids, or abets such violation. Conviction shall be punished by a fine not to exceed one thousand dollars ($1,000) or imprisonment for a term not to exceed ninety (90) days, or both, and each day during which such violation continues shall be considered an additional violation. (Ord. 01-1006 § 1: Ord. 90-1048 § 6. Formerly 1.15.060)

1.15.060 Correction agreement.

A correction agreement may be entered into between the Code Enforcement Officer and the person responsible for the violation under which the offender agrees to abate the violation within a specified time and according to specified conditions. The correction agreement shall include the following:

A. Content. The correction agreement shall include the following:

1. The name and address of the person responsible for the violations; and

2. 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

3. A description of the violation and a reference to the code which has been violated; and

4. The necessary corrective action to be taken, and a date or time by which correction must be completed; and

5. 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 correction agreement; and

6. An agreement by the person responsible for the violation that the City may abate the violation and recover its costs and expenses and/or monetary penally pursuant to this chapter from the person responsible for the violation if the terms of the correction agreement are not satisfied; and

7. Upon entering into a correction agreement, the person responsible for the violation waives the right to appeal the violation and/or corrective action; and

8. If the offender is not the owner of the property, the owner will be notified by the City of the agreement.

B. Extension and Modification. An extension of the time limit for correction or a modification of the required corrective action may be granted by the Code Enforcement Officer 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 and the responsible person provides the request in writing clearly establishing the need for such an extension.

C. Abatement by the City. The City may abate the violation in accordance with SMC 1.15.175 if the terms of the correction agreement are not met.

D. Collection of Costs. If the terms of the 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 SMC 1.15.025, plus costs and expenses of abatement, as set forth in SMC 1.15.175. (Ord. 01-1006 § 1)

1.15.065 Notice of infraction.

A. Issuance.

1. When the Code Enforcement Officer determines that a violation of City regulations enumerated in SMC 1.15.025 has occurred or is occurring, and is unable to secure correction, pursuant to SMC 1.15.060, the Code Enforcement Officer is hereby empowered, and may issue a notice of civil infraction to the person responsible for the violation.

2. The Code Enforcement Officer may issue a notice of civil infraction without having attempted to secure correction as provided in SMC 1.15.060 under the following circumstances:

a. When an emergency exists; or

b. When a repeated violation occurs; or

c. When the violation creates a situation or condition which cannot be corrected; or

d. When the person knows or reasonably should have known that the action is in violation of a City regulation; or

e. The person cannot be contacted or refuses to communicate or cooperate with the City in correcting the violation.

B. Content. The notice of infraction shall contain the information required by RCW 7.80.070 as now exists or may hereafter be amended; provided, the notice of infraction shall also include the following information:

1. A statement indicating which steps are necessary to correct the violation; and

2. A statement indicating the time in which the violation is to be corrected; and

3. A statement indicating that failure to comply with the notice may subject the owner or person causing the violation to further civil and criminal penalties; and

4. A statement that failing to comply with the notice may subject the owner or violator to the costs and expenses of abatement incurred by the city pursuant to SMC 1.15.175, and a monetary penally in an amount per day for each violation as specified in this chapter, may be assessed against the person to whom the notice of infraction is directed.

C. A notice of infraction shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at his/her last known address, or by posting a copy of the notice in a conspicuous place on the affected property or structure, if any. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The notice of infraction, along with the declaration, shall be filed with the Clerk of the SeaTac Municipal Court.

D. Upon written request prior to the date which the violation is to be corrected, as indicated in subsection (B)(2) of this section, the Code Enforcement Officer may extend the date for compliance for good cause. Good cause may include substantial completion of the necessary correction(s) or unforeseeable circumstances which render compliance impossible by the date established.

E. The date required for compliance shall be set at the sole discretion of the Code Enforcement Officer consistent with established policies. Each day or portion thereof after which compliance is required during which any violation of the provisions set forth in this chapter is committed or permitted shall constitute a separate offense. (Ord. 01-1006 § 1)

1.15.070 Abatement proceedings authorized.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 7)

1.15.075 Hearing before the Municipal Court Judge.

A. Notice. A person to whom a notice of infraction is issued may contest such notice to the Municipal Court Judge within fifteen (15) calendar days after the notice of infraction is issued.

B. Prior Correction of Violation. Except in the case of a repeat violation or a violation which creates a situation or condition which cannot be corrected, the hearing will be canceled, no monetary penalty will be assessed, and the notice of infraction dismissed if the Code Enforcement Officer approves the completed required corrective action at least forty-eight (48) hours prior to the scheduled hearing or agrees to extend the time for correction of the violation as provided in SMC 1.15.065(D). It is the violator’s responsibility to contact the Code Enforcement Officer to request an inspection of the required corrective action.

C. Procedure. The Municipal Court Judge shall conduct a hearing on the infraction pursuant to the Infraction Rules for Courts of Limited Jurisdiction (“IRLJ”).

D. Decision of the Municipal Court Judge.

1. The Municipal Court Judge 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 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.

2. The Municipal Court Judge shall issue an order to the person responsible for the violation which contains the following information:

a. The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

b. The required corrective action;

c. The date and time by which the correction must be completed;

d. The monetary penalties assessed based on the provisions of this chapter;

e. The date and time after which the City may proceed with abatement of the unlawful condition if the required correction is not completed.

3. Assessment of Monetary Penalty. Monetary penalties assessed by the Municipal Court Judge shall be in accordance with the monetary penalty schedule in SMC 1.15.025.

E. Failure to Appear. If the person to whom the notice of infraction was issued fails to appear at a scheduled hearing, the Municipal Court Judge may enter an order finding that the violation occurred, assess the appropriate monetary penalty, and order abatement of the violation. The City will carry out the Municipal Court Judge’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

F. Appeals are governed by IRLJ 5 and Rules of Appeal from Courts of Limited Jurisdiction (“RALJ”) as now exist or may hereafter be amended. (Ord. 01-1006 § 1)

1.15.080 Assessment of civil penalties.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 8)

1.15.090 Accumulations of civil penalties.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 9)

1.15.100 Schedule of civil penalties.

Repealed by Ord. 01-1006. (Ord. 91-1013 § 1: Ord. 90-1048 § 10)

1.15.110 Initiation of enforcement action.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 11)

1.15.120 Notice and order – Procedures.

A. Whenever the Code Enforcement Officer has reason to believe that a violation under SMC 1.15.025(B) is or has occurred, the Officer shall initiate code enforcement procedures by contacting the person responsible for the violation, in person, in writing or by telephone, and, where possible, explaining the violation and requesting correction within a reasonable time consistent with established policies.

B. A written notice and order shall be directed to the person responsible for the violation, when other attempts to gain compliance have failed. The notice and order shall contain:

1. 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

2. A description of the violation and a reference to the code which has been violated; and

3. The necessary corrective action to be taken and a date or time by which correction must be completed; and

4. A statement specifying the amount of any civil penalty assessed by reason of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent; and

5. Statements advising that if any required work is not completed within the time specified, the City may abate the violation and recover its costs and expenses and charge therefor as a lien against the property, and if any assessed civil penalty is not paid, the amount will also be charged as a lien against the property; and

6. A statement advising that the order shall become final, unless, within fourteen (14) days of the date of the notice and order, any person aggrieved by the order requests in writing an appeal before the Hearing Examiner, and pays the required filing fee. (Ord. 04-1014 § 1: Ord. 01-1006 § 1: Ord. 90-1048 § 12)

1.15.130 Notice and order – Supplemental.

The Code Enforcement Officer may at any time add to, rescind in 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 notices and orders contained in this chapter. (Ord. 01-1006 § 1: Ord. 90-1048 § 13)

1.15.140 Notice and order – Service.

A notice and order shall be served upon the person to whom it is directed in person, or by mailing a copy of the notice to such person at his/her last known address, or by posting a copy of the notice in a conspicuous place on the affected property or structure, if any. Proof of service shall be made by a written declaration under penalty of perjury by the person serving the notice, declaring the date and time of service and the manner by which service was made. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. The notice and order may be, but is not required to be, posted on the subject property. (Ord. 04-1014 § 2: Ord. 01-1006 § 1: Ord. 90-1048 § 14)

1.15.150 Administrative conference.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 15)

1.15.160 Appeals.

A. Any person aggrieved by the notice and order may appeal to the City Hearing Examiner. Such appeals shall be filed with the City Clerk, only on forms provided by the City Clerk, within fourteen (14) days of the date of the notice and order together with the required filing fee.

B. An appellant must file any supplemental written reports, arguments or briefs within twenty-one (21) days of filing the appeal.

C. The appeal hearing shall be electronically recorded and the Hearing Examiner shall have such rule-making and other powers necessary for conduct of the hearing as are specified by ordinance. The appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least thirty (30) days prior to the date of the hearing to every appealing party, to the Code Enforcement Officer, and to other interested persons who have requested in writing that they be so notified. The Code Enforcement Officer may submit a report and other evidence indicating the basis for the enforcement order.

D. Each party shall have the following rights, among others:

1. To call and examine witnesses on any matter relevant to the issues of the hearing;

2. To introduce documentary physical evidence;

3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

4. To produce rebuttal evidence;

5. To represent himself or herself or to be represented by an attorney at law.

E. Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions, and shall affirm or modify the order previously issued if it is found that a violation occurred. The Hearing Examiner shall reverse the order if it is found that no violation occurred. The written decision of the Hearing Examiner shall be provided to all the parties. The decision is final unless appealed pursuant to SMC 15.22.065(G).

F. Whenever possible, the appeal shall be combined with any other appeal from enforcement actions relating to the same subject matter and falling within the jurisdiction of the Hearing Examiner. (Ord. 03-1020 § 3: Ord. 01-1006 § 1: Ord. 90-1048 § 16)

1.15.170 Finality of order.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 17)

1.15.175 Abatement by the City.

A. The City may abate a condition which was caused by or continues to be a code violation when:

1. The terms of any correction agreement pursuant to this chapter have not been met; or

2. A notice of infraction has been issued pursuant to this chapter, the period for filing an appeal with the Municipal Court has expired and no appeal was filed, and the required correction has not been completed; or

3. A notice of infraction has been issued pursuant to this chapter, a timely appeal was filed, the appellant failed to appear at the scheduled hearing, or the Municipal Court held a hearing as provided in this chapter and the required correction has not been completed by the date specified by an order of the Municipal Court Judge; or

4. A notice and order was issued pursuant to this chapter, the period for filing an appeal has expired, and the required correction has not been completed; or

5. The condition is subject to summary abatement as provided for in this chapter or other specific provisions of City or State law(s).

B. Summary Abatement. Whenever a violation of a regulation causes a condition, the continued existence of which constitutes an immediate and emergent 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.

C. 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.

D. When abatement involves the towing and disposal of any vehicle, notice shall be given to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked.

E. 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 ninety (90) days and a fine not exceeding one thousand dollars ($1,000).

F. Recovery of Costs and Expenses. The costs of the abatement, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within thirty (30) calendar days. The term “incidental expenses” includes but shall not be limited to personnel costs, both direct and indirect, including attorneys’ 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. (Ord. 01-1006 § 1)

1.15.180 Enforcement of final order.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 18)

1.15.185 Entry to buildings and premises – Warrants.

A. Whenever necessary to make an inspection to determine whether a violation has occurred or is occurring, or to enforce any provision of the SeaTac Municipal Code, or regulation issued under this chapter, the City Manager or designee may enter any building or premises at any reasonable time, provided if such building or premises is occupied the City representative shall first present credentials and request entry; and if such building or premises is not occupied the City representative shall first make a reasonable effort to locate the owner or other person having charge of the building or premises and request entry. If such entry is refused or the owner or other person having charge of the building or premises cannot be located, the City Manager or designee shall have recourse to every remedy provided by law to secure entry, including recourse to the Municipal or Superior Court for issuance of a warrant authorizing such entry and inspection. If the City representative believes that the conditions therein create an immediate and irreparable health or life safely hazard, the City representative may make entry.

B. It is unlawful for any owner or occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect, after proper demand has been given, to permit prompt entry thereon. (Ord. 01-1006 § 1)

1.15.190 Personal obligation authorized.

Civil penalties and the costs of abatement are also joint and separate personal obligations of the person responsible for the violation. The City Attorney, on behalf of the City, may collect the civil penalties and abatement costs through any appropriate legal remedies. The civil penalty and abatement costs are deemed public debt and the City may retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently existing or as may subsequently be amended. (Ord. 01-1006 § 1: Ord. 90-1048 § 19)

1.15.200 Lien authorized.

The City of SeaTac shall have a lien for any monetary penalty imposed, the cost of any abatement work done pursuant to this chapter, together with any 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 Code Enforcement Officer shall cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the violations abated.

B. The claim of lien shall contain sufficient information regarding the notice of violation, as determined by the applicable Code Enforcement Officer, 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 Code Enforcement Officer, 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 (5) years, without foreclosure or extension agreed to by the property owner. (Ord. 01-1006 § 1: Ord. 90-1048 § 20)

1.15.210 Priority of lien.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 21)

1.15.220 Claim of lien.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 22)

1.15.230 Duration of lien.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 23)

1.15.240 Foreclosure of lien.

Repealed by Ord. 01-1006. (Ord. 90-1048 § 24)

1.15.250 Suspension of permits.

A. The City Manager, or designee, may temporarily suspend any permit issued by the City under any ordinance for any of the following reasons:

1. Failure of the holder or operator to comply with the requirements of any issued permit or rules or regulations promulgated thereunder; or

2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter; or

3. Failure of the holder or operator to comply with a stop work order.

B. Such permit suspension shall be carried out through the notice and order provisions of this chapter, and the suspension shall be effective upon service of the notice and order on the holder or operator. The holder or operator may appeal such suspension as provided by this chapter.

C. Notwithstanding any other provision of this chapter, whenever the City Manager, or designee, finds that a violation of any City ordinance, or rules and regulations adopted thereunder, has created, or is creating, an unsanitary, dangerous or other condition which is deemed to constitute an immediate and irreparable hazard, suspension and termination of operations under the permit may be required immediately without service of a written notice and order. (Ord. 01-1006 § 1: Ord. 90-1048 § 25)

1.15.260 Revocation of permits.

A. The City Manager, or designee, may permanently revoke any permit issued by the City under any ordinance for any of the following reasons:

1. Failure of the holder or operator to comply with the requirements of any issued permit or rules or regulations adopted thereunder; or

2. Failure of the holder or operator to comply with any notice and order issued pursuant to this chapter; or

3. Interference with the Code Enforcement Officer in the performance of official duties; or

4. Discovery by the Code Enforcement Officer that a permit was issued in error or on the basis of incorrect information supplied to the City.

B. Such permit revocation shall be carried out through the notice and order provisions of this chapter and the revocation shall be effective upon service of the notice and order upon the holder or operator. The holder or operator may appeal such revocation, as provided by this chapter.

C. A permit may be suspended pending its revocation or a hearing relative thereto. (Ord. 01-1006 § 1: Ord. 90-1048 § 26)

Code reviser’s note: Ordinance 09-1021, which amends Chapter 1.15 in its entirety, is effective August 25, 2009.