Chapter 16.06
NOTICE AND ORDER
Sections:
16.06.060 Supplemental notice and order.
16.06.070 Civil penalties—Authorized.
16.06.080 Enforcement of a final order.
16.06.010 Authority.
Whenever the administrator determines, based on documents and/or physical evidence, that a use or condition exists in violation of any ordinance, regulation or resolution specified in Section 16.02.020, the administrator is authorized to issue a notice and order to cause the enforcement and correction of each violation. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.020 Notice and order.
An administrative notice and order proceeding shall be initiated when the administrator determines that a violation of any ordinance, regulation or resolution specified in Section 16.02.020 will be most promptly and equitably terminated in that manner. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.030 Contents.
The notice and order shall contain the following information:
(1) The street address, when available, or location of the violation;
(2) A legal description of the real property or the Chelan County assessor’s tax parcel number where the violation occurred or is located, or a description of the property by commonly used locators;
(3) A statement that the administrator has found the property to be in violation of an ordinance, regulation or resolution specified in Section 16.02.020 with a brief description of the conditions found to be in violation;
(4) The specific ordinance, regulation, resolution, permit, notice and order, or stop work order that was or is being violated;
(5) 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;
(6) A statement specifying the amount of any civil penalty assessed on account of the civil code violation or the conditions on which assessment of such civil penalty is contingent;
(7) A statement that a penalty pursuant to Chapter 16.16 will be imposed if the violation is not resolved in the timeframe specified on the notice and order unless the notice and order is reversed by the hearing examiner;
(8) A statement advising that, if any required work is not completed within the time specified by the notice and order, the administrator may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property;
(9) A statement advising that the order shall become final unless, no later than fourteen days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the hearing examiner;
(10) A statement advising that a failure to correct violations cited in the notice and order could lead to the denial of subsequent Chelan County permit applications on the subject property;
(11) 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 and that the conditions described in the notice and order existed and constituted a code violation, and that the property owner is responsible for code compliance;
(12) A statement advising the property owner of his or her duty to notify the administrator of any actions taken to achieve compliance with the notice and order; and
(13) A statement advising that a fee is required for an appeal as defined in Section 3.24.020. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.040 Effect.
(1) Subject to the appeal provisions of Chapter 16.12, a notice and order represents a determination that a code violation has occurred, that the cited party is the person responsible for code compliance, and that the violations set out in the notice and order require abatement as specified in the notice and order.
(2) Failure to correct the code violation in the manner prescribed by the notice and order subjects the person to whom the notice and order is issued to the use of any of the compliance remedies provided in this title, including:
(A) Civil penalties prescribed in the notice and order;
(B) A requirement that abatement, remediation and/or mitigation be performed;
(C) Permit suspension, revocation, modification, and/or denial as prescribed by this chapter; and/or
(D) Abatement by the administrator and recovery of the costs of abatement according to the procedures described in Chapter 16.18.
(3) Any person identified in the notice and order as responsible for code compliance may appeal the notice and order within fourteen days according to the procedures described in Chapter 16.12.
(4) Failure to appeal the notice and order within applicable time limits shall render the notice and order a final order, that the conditions described in the notice and order existed and constituted a 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 the administrator’s authority to issue a citation or stop work order to a person previously issued notice and order pursuant to this title. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.050 Method of service.
Service of the notice and order shall be made upon all persons identified in the notice and order including the title owner and taxpayer of record as identified by the Chelan County assessor’s office either by law enforcement personnel or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested or if the address of any such person cannot reasonably be ascertained, then a copy of the notice and order shall be mailed to such person at the address of the location of the violation and the notice and order will be posted on the property. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of the mailing. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.060 Supplemental notice and order.
The administrator may at any time 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 orders contained in this title. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.070 Civil penalties—Authorized.
(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 16.16.
(2) Civil penalties create a joint and several personal obligation in all persons responsible for code compliance.
(3) Civil penalties assessed authorize Chelan County to collect the value of civil penalties imposed against the real property of the person responsible for code compliance as outlined in Chapter 16.18.
(4) The payment of penalties does not relieve a person responsible for code compliance of any obligation to cure, abate, or stop a violation. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.06.080 Enforcement of a final order.
(1) If, after any order duly issued by the administrator has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, and upon failure to correct the violation within the compliance period, the administrator may:
(A) Institute any appropriate action to collect a civil penalty assessed under this title;
(B) Abate the violation using the procedures of this title;
(C) File in the Chelan County auditor’s recording office a certificate describing the property and the violation and stating that the owner has been so notified; and/or
(D) Pursue any other appropriate remedy at law or in equity. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).