Chapter 1.20


1.20.010    Violation citations—Issuance—Default—Repeat violators.

1.20.020    Applicability.

1.20.030    Repealed.

1.20.040    Violations hearing examiner—Powers and duties.

1.20.050    Repealed.

1.20.060    Monetary penalties.

1.20.070    Hearings.

1.20.080    Order of the violations hearing examiner—Violation.

1.20.090    Abatement—Costs—Assessment lien—Alternative or accumulative methods of collection.

1.20.100    Unlawful to obstruct, impede or interfere.

1.20.110    Judicial review.

1.20.120    Emergency—Requirement of immediate action.

1.20.010 Violation citations—Issuance—Default—Repeat violators.

A.    Who May Issue a Violation Citation. Personnel assigned to the city of Everett code compliance program, the director or supervisor of code compliance or his/her designee (hereinafter referred to as “a code compliance officer”) is authorized to issue and serve a violation citation upon reasonable belief that the following has occurred:

1.    A violation of one or more of the provisions of any ordinance set forth in Section 1.20.020; or

2.    A violation of one or more of the provisions of any city regulation or ordinance that identifies the herein- described enforcement procedure as the enforcement procedure for said regulation or ordinance.

B.    The violation citation may be issued to:

1.    Any person owning, leasing, renting, occupying or having charge or possession of any property in the city, including vacant lots, who is causing, allowing or participating in violations occurring in relation to property owned or utilized by such persons.

2.    For purposes of this section, “occupying” property may include any private or publicly owned property within the city of Everett to which a person described in subsection (B)(1) of this section has moved a nuisance.

3.    Additionally, a copy of such violation citation shall be served upon all occupants and persons having any interest in the subject property as shown upon the records of the auditor’s office of the county in which the subject property is located.

C.    Service of the Violation Citation.

1.    The violation citation may be served by means of personal service, or by mailing a copy of the violation citation to such person at his/her last known address as determined by the code compliance officer, certified mail return receipt requested, or by posting a copy of the violation citation conspicuously upon the subject property. Any one of the aforementioned methods of service shall be satisfactory service of the violation citation.

2.    Proof of service shall be made by a written declaration under penalty of perjury by the person effecting the service, declaring the time and date of service and the manner by which service was made.

D.    Contents of the Violation Citation. The violation citation shall contain substantially the following information:

1.    The name and address of the person to whom the citation is issued;

2.    The location of the subject property by address or other description sufficient for identification of the subject property;

3.    The regulation that has been violated;

4.    A description of the minimum corrective action necessary to eliminate the violation (“corrective action”);

5.    The date by which the corrective action must be completed;

6.    The date and time of the hearing before the violations hearing examiner. Hearings shall be set within approximately fourteen days of the date the violation citation is served, unless it is decided by the code compliance officer that additional time is necessary under the circumstances;

7.    If the person to whom the citation is issued is not a repeat violator as defined in this chapter, a statement that once corrective action is completed he/she may enter into a stipulated order with the city in lieu of attending the hearing; and

8.    A statement that failure to complete the corrective action by the date required or appear at the hearing may result in the issuance of a default order.

E.    Repeat Violators.

1.    “Repeat violator” means any person, firm, corporation, association, or agent thereof who has had any order issued pursuant to the provisions in this chapter, including any order issued subsequent to a hearing, any stipulated order and any default order, and within twenty-four months of the issuance of such order commits or allows to be committed a new and separate violation of a same or similar chapter of the Everett Municipal Code that is enforceable under this chapter, regardless of location.

2.    Violation citations that are issued to repeat violators shall be issued and served in the same manner and form as provided in this section, but will not include the option for the violator to enter into a stipulated order with the city in lieu of attending the hearing. (Ord. 2916-06 § 1, 2006: Ord. 2335-98 § 1, 1998: Ord. 2221-97 § 1, 1997: Ord. 1780-91 § 1, 1991; Ord. 1383-87 § 1, 1987)

1.20.020 Applicability.

A.    The city administration, upon concurrence of the city attorney, may file for injunctive or other civil relief in superior court regarding violations of city ordinances. Otherwise, the enforcement procedure authorized in this chapter shall be the enforcement procedure for the following regulations of the city and such other regulations of the city that adopt the provisions of this chapter as the enforcement procedure for said regulations. This enforcement procedure shall be supplemental to any enforcement procedures otherwise provided by law. No person owning, leasing, renting, occupying or having charge or possession of any property in the city, including vacant lots, shall maintain or allow to be maintained on any such property a violation of any of the following regulations (as they currently exist, amended or as superseded) or any other city regulation which refers to the provisions of this chapter as the enforcement procedure for said regulation:

1.    Rubbish (Ordinances 1554-89 and 1779-91, as amended, Chapter 8.20);

2.    Nuisances (Ordinance 278-74: Chapter 8.24);

3.    Obstructing sidewalks (Ordinance 4056, as amended: Chapter 13.12);

4.    Driveways (Ordinance 1586, as amended: Chapter 13.16);

5.    Temporary use of rights-of-way (Ordinance 1048-84, as amended: Chapter 13.30);

6.    Utility construction permit (Ordinance 227, as amended: Chapter 13.32);

7.    Banners over streets (Ordinance 1932-93, as amended: Chapter 13.40);

8.    Sewer connections (Ordinance 3735, as amended: Chapter 14.08);

9.    Sewage disposal systems (Ordinance 323-74, as amended: Chapter 14.10);

10.    Water regulations (Ordinance 1237-86, as amended: Chapter 14.16);

11.    Surface and storm drainage (Ordinance 2196-97, as amended: Chapter 14.28);

12.    Regulations for accessibility to handicapped (Ordinance 728-80, as amended: Chapter 16.06);

13.    Removal of vegetation (Ordinance 3258, as amended: Chapter 8.08);

14.    Billboards (Ordinance 1258-86, as amended: Chapter 16.20);

15.    Wharves (Ordinance 4321, as amended: Chapter 16.52);

16.    Outdoor pool enclosures (Ordinance 773-81: Chapter 16.58);

17.    Mobile home parks (Ordinance 34-69, as amended: Title 17);

18.    Subdivisions, binding site plans and boundary line adjustments (Ordinances 1119-85, 1120-85 and 1123-85, as amended or superseded: Title 18);

19.    Zoning (Ordinance 1671-89, as amended or superseded: Title 19);

20.    Shoreline master program;

21.    The city of Everett housing ordinance (Ordinance 2334-98: Chapter 16.08);

22.    The city of Everett dangerous building abatement ordinance (Ordinance 2333-98: Chapter 16.12);

23.    The city of Everett junk vehicle abatement ordinance (Ordinance 2338-98: Chapter 8.22);

24.    The city of Everett building code (Ordinance 2771-04; Chapter 16.01).

B.    Additionally, no person, firm, corporation or association, or any agent thereof, shall violate or fail to comply with any condition set forth in any city zoning concomitant agreement, or any condition imposed by the city pursuant to the city’s environmental policy ordinance (Ordinance 1348-87, as amended: Chapter 20.04). In the event there is a violation or failure to comply, the procedure authorized in this chapter shall be the enforcement procedure utilized unless the city administration, upon the concurrence of the city attorney, files for injunctive or other civil relief in superior court. (Ord. 2916-06 § 2, 2006: Ord. 2335-98 § 2, 1998: Ord. 2221-97 § 2, 1997: amended during 11-93 supplement; Ord. 1383-87 § 2, 1987)

1.20.030 Notice of violations—Violations hearing examiner review—Cease and desist order issuance.

Repealed by Ord. 2221-97. (Ord. 1780-91 § 2, 1991; Ord. 1383-87 § 3, 1987)

1.20.040 Violations hearing examiner—Powers and duties.

A.    There is created the office of violations hearing examiner.

B.    Violations hearing examiner(s) shall be part-time and remunerated by personal service contract.

C.    Violations hearing examiner(s) shall be appointed by the mayor.

D.    Violations hearing examiner(s) shall be licensed to practice law in the state.

E.    Violations hearing examiner(s) shall be responsible for presiding over all hearings on violation citations as well as other administrative matters over which they may be requested to preside.

F.    Violations hearing examiner(s) shall have the power to:

1.    Administer oaths and affirmations and examine witnesses;

2.    Issue subpoenas upon the request of any party. The city attorney and his or her designee are also authorized to issue subpoenas. When so required by the violations hearing examiner, the applicant for the subpoena shall show to his or her satisfaction the general relevance and reasonable scope of the evidence sought;

3.    Make rulings in accordance with law, including, but not limited to, rulings on:

a.    Offers of proof;

b.    Admissibility of evidence, including authenticity, relevance, and statutory or other grounds for exclusion;

c.    Factual issues, which shall be resolved by a clear and convincing evidence standard;

4.    Establish other rules and procedures to conduct hearings consistent with this chapter and state law;

5.    Regulate the course of the hearing, including granting of continuances, imposition of penalties for disruption of the orderly process or refusal to comply with lawful orders of the violations hearing examiner;

6.    Hold conferences for the settlement or simplification of the issues by consent of the parties;

7.    Issue an order of default upon failure of the person to whom the violation citation is served to either appear at the hearing or to enter into a stipulated order with a code compliance officer as allowed by this chapter;

8.    Make decisions which can be incorporated into findings of fact and conclusions of law, and enter orders following hearings, stipulated orders and orders of default. The orders may include the following:

a.    A requirement that ordinance violations be abated in accordance with the manner prescribed by the violations hearing examiner;

b.    A requirement that the respondent of any order and his successor in interest maintain the subject property and all other properties he or she owns in the city of Everett free of code violations for up to two years from the entry of the order;

c.    Imposition of a monetary penalty as set forth in this chapter;

d.    Suspension of any portion or all of the monetary penalty, conditions of said suspension, and the period of time for which the violator must comply with said suspension;

e.    Authorization for the city or its designated agent to undertake and complete abatement, without further order of the violations hearing examiner, if the violation has not been completely abated within the time period set forth in the order;

f.    A requirement that a property owner, and/or person responsible, be required to have refuse collection. This requirement shall be imposed as required in Chapter 8.20 as now written or hereinafter amended;

g.    Authorization for the city to assess the costs of the hearing against the person(s) to whom the violation citation was issued in any manner to which it is entitled by law; and

h.    A statement notifying the person(s) to whom the order is issued that the procedure for filing an appeal is set forth in Chapter 36.70C RCW;

9.    Dismiss one or more of the allegations set forth in the violation citation upon a determination that said allegation has not been proved as required by this chapter; and

10.    Upon the city’s request, retain continuing jurisdiction in a case for a period of up to two additional years.

Notwithstanding any other provisions of this chapter, the hearing examiner shall not have authority to waive requirements of the city of Everett building code or the city of Everett fire code. (Ord. 2916-06 § 3, 2006: Ord. 2838-05 § 1, 2005: Ord. 2335-98 § 3, 1998: Ord. 2221-97 § 4, 1997: Ord. 1780-91 § 3, 1991; Ord. 1383-87 § 4, 1987)

1.20.050 Notice of violation—Voluntary correction agreement—Issuance—Violation—Penalty.

Repealed by Ord. 2335-98. (Ord. 2221-97 § 5, 1997: Ord. 1780-91 § 4, 1991; Ord. 1383-87 § 5, 1987)

1.20.060 Monetary penalties.

A.    Joint and Several Liability. More than one person, firm, corporation, association or agent therefor may be found responsible for a single violation. The violations hearing examiner may impose a monetary penalty for each violation as a joint and several penalty, or individually.

B.    Minimum Penalties. The monetary penalty for each initial violation shall not exceed five hundred dollars individual or five hundred dollars joint and severally, unless the violator is a repeat violator as defined in this section, in which case the monetary penalty for each repeat violation shall not be less than five hundred dollars nor exceed one thousand dollars. The violations hearing examiner, in addition to penalties for each repeat violation, may impose a fine against the repeat violator in an amount not to exceed five hundred dollars.

C.    Duty to Correct/Abate Notwithstanding Imposition of Penalties. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom the violation citation was issued of the duty to correct the violation or preclude the city from taking action to abate the situation as provided herein.

D.    Payment of Penalties—Collections, Assessment Liens. The monetary penalty constitutes an obligation of the person(s) to whom the violation citation is issued. Any monetary penalty assessed must be paid to the city within fifteen calendar days of the effective date of the violations hearing examiner’s order. The city is authorized to take action to collect the monetary penalty, including filing civil actions or turning the matter over to collection, in which case costs incurred by the city as a result of the collection process will be assessed in addition to the monetary penalty. In addition, the city can also incorporate any outstanding penalty into an assessment lien when the city incurs costs in abating the violation. (Ord. 2916-06 § 4, 2006: Ord. 2838-05 § 2, 2005: Ord. 2335-98 § 5, 1998: Ord. 2221-97 § 6, 1997)

1.20.070 Hearings.

A.    Hearings on violation citations shall be presided over by a violations hearing examiner as provided in this chapter.

B.    Witnesses shall be sworn and testify under penalty of perjury. The violations hearing examiner or his designee shall advise the witnesses.

C.    Code compliance officers may present their testimony by affidavit, but must be present for purposes of cross-examination.

D.    Each party shall have the right of cross-examination of witnesses who testify and shall have the right to submit rebuttal evidence; provided, that the violations hearing examiner may control the manner and extent of cross-examination and rebuttal. (Ord. 2916-06 § 5, 2006: Ord. 2335-98 § 6, 1998)

1.20.080 Order of the violations hearing examiner—Violation.

Any order of a violations hearing examiner shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to such person at his or her last known address as determined by a code compliance officer or by posting a copy of the order conspicuously 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 effecting the service, declaring the time and date of service and the manner by which service was made. Thereafter, violation of the terms of a violations hearing examiner’s order shall constitute a misdemeanor and a separate misdemeanor shall be committed for each day that an order is violated. (Ord. 2916-06 § 6, 2006: Ord. 2335-98 § 7, 1998)

1.20.090 Abatement—Costs—Assessment lien—Alternative or accumulative methods of collection.

A.    Abatement Authority. Notwithstanding any other provision herein, whenever the city is authorized, whether by order of a violations hearing examiner or by any other authority, to undertake an abatement, the city may cause the abatement to be performed by city employees or by private contract under the direction of the city. The city, its employees and agents, using lawful means, are expressly authorized to enter upon the subject property for such purposes.

B.    Abatement Costs. All costs of abatement, including incidental expenses, shall be billed to the person or persons to whom the violation citation was issued and shall become due and payable thirty days thereafter. The term “incidental expenses” shall include, but not be limited to, personnel costs, both direct and indirect, including attorney’s fees incurred by the city; costs incurred in documenting the violation; the actual expenses and costs to the city in the preparation of notices, specifications and contracts, and in inspecting the work; and the cost of any required printing and mailing.

C.    Failure to Pay—Report to City Council—Collection. In the event the person responsible fails to pay within the thirty-day period set forth in subsection B of this section, the code compliance officer shall render an itemized report in writing to the city council showing the cost of abatement, including the rehabilitation, demolition, restoration or repair of such property, including any salvage value relating thereto plus the amount of any outstanding penalties; provided, that before the report is submitted to the city council, a copy of the same shall be posted for at least five days upon or in front of such property, together with a notice of the time and date when the report shall be heard by the city council for confirmation. A copy of the report and notice shall be served upon the owner of the property in accordance with the provisions of Section 1.20.010 at least five calendar days prior to submitting the same to the city council. The city council has the authority to revise the report, to authorize collection of the debt in any lawful manner, or, in the case of a debt owed by a property owner, to place an assessment lien on the property as provided herein, or to obtain a judgment and foreclosure.

D.    Assessment Lien. In the case of an assessment lien, the total cost of the abatement including any penalties assessed against the property owner, as so confirmed by the city council, shall be assessed against the respective lot or parcel of land to which it relates.

Upon certification to the county treasurer by the city treasurer of the assessment amount due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within fifteen calendar days after the assessment is placed upon the assessment roll as provided herein.

E.    Other Remedies. In addition to, or in lieu of, the provisions set forth in this chapter, the city may, at its option, turn the matter over to collection or commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the city to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed. Further, the city administration, upon concurrence of the city attorney, may file for injunctive or other civil relief in superior court regarding code violations. (Ord. 2916-06 § 7, 2006: Ord. 2335-98 § 8, 1998)

1.20.100 Unlawful to obstruct, impede or interfere.

No person shall obstruct, impede or interfere with the city, its employees or agents, or with any person who owns, or holds any interest or estate in any property in the performance of any necessary act preliminary or incidental to carrying out the requirements of any order issued pursuant to this chapter. A violation of this provision shall constitute a misdemeanor punishable by a fine not to exceed one thousand dollars per day. A separate violation shall exist for each day that obstruction or interference occurs. (Ord. 2335-98 § 9, 1998)

1.20.110 Judicial review.

Any person, including the city, with standing to bring a land use petition under Chapter 36.70C RCW is entitled to review thereof in the Snohomish County superior court; provided, that the land use petition must be properly filed and served in accordance with the requirements set forth in Chapter 36.70C RCW. (Ord. 2335-98 § 10, 1998)

1.20.120 Emergency—Requirement of immediate action.

An “emergency” means a situation which in the opinion of a code compliance officer requires immediate action to prevent or eliminate an immediate threat to the health or safety of persons or property. Notwithstanding any provision in this chapter, when a violation citation is issued in the case of an emergency, immediate action shall be required by the person(s) to whom the violation citation is issued. No action shall be stayed pending the filing of an appeal. If the city does not obtain immediate action by the responsible person upon issuance of the violation citation, the city is authorized to immediately abate the violation itself or as otherwise provided herein. Notwithstanding the exercise of emergency authority, the city is entitled to collect its cost of abatement, assess penalties and take all actions provided in this chapter. (Ord. 2916-06 § 8, 2006)