Chapter 17.30
ENFORCEMENT ACTIONS
Sections:
17.30.020 Voluntary Compliance Agreements
17.30.070 Extension of Compliance Time
17.30.010 Warning Letter.
(a) Authority. A warning letter may be issued whenever the Code Enforcement Officer determines a probable or actual violation has occurred and (1) there is no history of prior violations at the subject property or by the responsible person, and (2) the severity of the violation falls under the low risk category per Section 17.20.020(c).This section is not applicable to repeat violations as defined in Section 17.10.110.
(b) Content. A warning notice shall contain the following information to the extent known:
(1) The address and/or location of the code violation.
(2) A legal description of the real property or the Snohomish County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators.
(3) The name(s) of the responsible person(s) and the property owner (if different than the responsible person).
(4) A statement that the City has found the named person has or likely has committed a code violation, and a brief description of the violation(s).
(5) A statement of the specific authority (e.g., regulation, administrative order, ordinance, resolution, rule, permit condition, or other provision) that was or is being violated.
(6) A statement that the warning notice represents a determination that a code violation has or likely has occurred and that the responsible person may be subject to civil fines and/or criminal penalties.
(7) A statement of the amount of the civil fine that may be assessed if the violation(s) are not corrected as required.
(8) A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective or abatement action must be obtained from the proper issuing agency.
(9) A statement advising the responsible person of his/her duty to notify the City of all actions taken to achieve or address compliance with the warning notice.
(10) A statement advising that a failure to correct the violation(s) cited in the warning notice may lead to additional enforcement actions, administrative orders, or the modification of any pending or existing City approvals. (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.020 Voluntary Compliance Agreements.
(a) Authority. When the Code Enforcement Officer determines that a violation or probable violation has occurred, the Code Enforcement Officer is authorized to attempt to secure prompt voluntary correction or compliance by entering into a voluntary compliance agreement with any responsible person causing, allowing, or participating in the violation. A voluntary compliance agreement (VCA) may be entered into at any time before an administrative appeal is decided.
(b) Content. A VCA is a written contract between the person responsible for the violation and the City and signed by both parties, where such person agrees to abate the violation within a specified time and according to specified conditions. The VCA shall be completed on a form approved by the Code Enforcement Officer and the City Attorney and shall, at minimum, include the following:
(1) The address and/or location of the code violation.
(2) A legal description of the real property or the Snohomish County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators.
(3) The name(s) of the responsible person(s) and the property owner (if different than the responsible person).
(4) A description of the violation(s) and a reference to the code(s) which has been violated;
(5) The necessary corrective action to be taken, and the date by which the correction must be completed;
(6) An agreement by the person responsible that the City may inspect the premises as may be necessary to determine compliance with the VCA;
(7) The amount of the civil penalty that will be imposed pursuant to this title if the person responsible does not meet his or her obligations under the VCA;
(8) A statement that the person responsible waives the right to an administrative or judicial hearing for appeal purposes; and
(9) An agreement by the person responsible that if the City determines that such person does not meet his or her obligations specified in the VCA, the City may impose any remedy authorized by this title, including, but not limited to:
(i) Assessment of civil penalties as established by resolution or otherwise identified in the VCA;
(ii) Abatement of the violation;
(iii) Assessment of all costs and expenses incurred by the City to pursue code enforcement and to abate the violation, including legal and incidental expenses; and
(iv) Suspension, revocation, or limitation of a permit.
(c) Waiver of Appeal. In consideration of the City’s agreement to enter into a VCA, the person responsible shall completely surrender and have no right to an administrative or judicial hearing, under this title or otherwise, regarding the matter of the violation and/or the required corrective action. The VCA is a final, binding agreement, it is not a settlement agreement, and its contents are not subject to appeal. (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.030 Notice of Violation.
(a) Authority. Whenever the Code Enforcement Officer has reason to determine that a code violation occurred or is occurring, the Code Enforcement Officer is authorized to issue a notice of violation to any person responsible for the code violation. Subsequent violations shall be treated as new violations for purposes of this section.
(b) Contents. A notice of violation shall be completed in a form approved by the Code Enforcement Officer and the City Attorney, and shall be served consistent with Chapter 17.40 and shall, at minimum, include the following:
(1) The address and/or location of the code violation.
(2) A legal description of the real property or the Snohomish County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators.
(3) The name(s) of the responsible person(s) and the property owner (if different than the responsible person).
(4) A concise description of the violations and a statement of each ordinance, regulation, code provision or permit requirement violated.
(5) The name of the Code Enforcement Officer issuing the notice of violation.
(6) The required corrective action that is necessary to achieve compliance and specify date(s) by which the correction must be completed.
(7) A statement that civil fines shall accrue in accordance with Section 17.60.010(a) - (g), as applicable.
(8) A statement that if the corrective action is not completed by the final date set for compliance and the notice of violation is not appealed, the violations(s) shall be deemed committed without further action by the City, and the responsible person shall be subject to cumulative penalties as specified in Section 17.60.010 commencing on the final date set for compliance until compliance with the notice of violation is achieved.
(9) An explanation of the appeal process and the specific information required to file an appeal.
(10) A statement that payment of a monetary penalty does not relieve the person responsible to whom the notice was issued of the duty to correct the violation and/or to pay any and all civil fines or penalties accruing under this title.
(11) A statement advising that, if any of the work is not commenced or completed within the time specified for compliance and the notice of violation has not been appealed, the City may proceed to abate the violation, cause work to be done, and assess the costs and expenses of abatement incurred by the City against the person responsible, and that the City may take any other legal action, including the filing of a lien on the property for the costs of the abatement and any accompanying fines or penalties or sending the costs, fines and penalties to collection.
(c) Other Remedies. Issuance of a notice of violation in no way limits the Code Enforcement Officer’s authority to issue an emergency order to a person previously cited through the notice of violation process pursuant to this title, or to pursue any of the other remedies for compliance set forth in this chapter.
(d) Supplementation, Revocation or Modification.
(1) Whenever there is new information or a change in circumstances, the Code Enforcement Officer may add to, rescind in whole or in part or otherwise modify a notice of violation by issuing a supplemental notice of violation. The supplemental notice violation shall be governed by the same procedures applicable to all notices of violation contained in this title.
(2) The Code Enforcement Officer may revoke or modify a notice of violation issued under this title if the original notice of violation was issued in error or if a party to an order was incorrectly named. The revocation or modification shall identify the reason and underlying facts for revocation and may be recorded with the Snohomish County Recorder’s office, or its successor agency, if the underlying notice of violation was recorded.
(e) Recording.
(1) Whenever a notice of violation is served on a person responsible for the code violation(s), the City may record a copy of the notice of violation with the Snohomish County Recorder’s office, or its successor agency.
(2) When all violations specified in the notice of violation have been corrected or abated, the Code Enforcement Officer shall record a release of notice of violation with the Snohomish County Recorder’s office, or its successor agency, if the underlying notice of violation was recorded. The release shall include a legal description of the property where the violation occurred and shall state, if applicable, that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property.
(f) Time Limits.
(1) Persons receiving a notice of violation shall rectify the code violations identified within the time period specified by the Code Enforcement Officer in the notice of violation issued pursuant to this title, unless the responsible person requests an extension pursuant to Section 17.30.070.
(2) Unless an appeal is filed with the City Clerk for a hearing before the Hearing Examiner in accordance with this title, the notice of violation shall become the final administrative order of the Code Enforcement Officer, and the civil penalties assessed in accordance with Chapter 17.60. (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.040 Emergency Orders.
(a) Authority. Whenever a violation of this title threatens the health or safety of the public or materially impairs the Code Enforcement Officer’s ability to secure compliance with the Lake Stevens Municipal Code, the Code Enforcement Officer is authorized to issue an emergency order, defined by Chapter 17.10.110, specifying the violation and prohibiting any work or other activity at the site. Emergency orders shall be served consistent with Chapter 17.40. Issuance of a notice of violation or other order is not a condition precedent to the issuance of an emergency order.
(b) Emergencies. Where an emergency exists, the Code Enforcement Officer shall not be required to give a written notice prior to stopping the activity.
(c) Issuance. The emergency order shall state the reasons for the order, the conditions under which the activities cited may be permitted to resume if applicable, and may be appended to, or incorporate by reference, a notice of violation. The emergency order shall take effect immediately upon service. During any such appeal, the order shall remain in effect.
(d) Effect.
(1) The Code Enforcement Officer is authorized to assess a special investigation fee for the issuance of an emergency order when work has started without the issuance of a permit. The special investigation fee shall be established pursuant to the City’s most recently adopted fee schedule.
(2) Upon issuance of an emergency order, the work cited shall immediately cease.
(3) Work or activity, related or unrelated to the cited work, shall not resume unless specifically authorized in advance by the Code Enforcement Officer.
(4) Any violation of the emergency order is hereby declared to be a nuisance and the Code Enforcement Officer is authorized to enjoin or abate such nuisance by any legal or equitable means available. The costs, specifically including reasonable attorney and expert witness fees, for the injunction or abatement, shall be recovered by the City from the person responsible for the code violation in the manner provided by law.
(5) Failure to comply with the terms of an emergency order subjects the person responsible for the code violation to civil penalties and costs as set forth in this title.
(e) Remedy - Civil Penalties. Any person who shall continue any work in or about the structure after having been served with an emergency order, except such work as that person is directed to perform to remove a violation or unsafe condition, shall be subject to penalties as prescribed by law.
(1) In addition to any other judicial or administrative remedy, the Code Official or designee may assess penalties for the violation of any emergency order as set forth in Chapter 17.60.
(2) Penalties for the violation of any stop work order shall begin to accrue on the first day the emergency order is violated and shall cease on the day the work is actually stopped.
(3) Violation of an emergency order shall be a separate violation from any other code violation. Civil penalties assessed create joint and several personal obligations in all persons responsible for code violation. The City may collect the civil penalties assessed by any appropriate legal means.
(4) In addition to all other remedies, a lien for the value of the civil penalties imposed may be filed against the real property that is subject to compliance with this title in accordance with Chapter 17.60.
(f) Appeal. An emergency order may be appealed according to the procedures prescribed by this title and chapter. Failure to appeal the emergency order within the applicable time limits renders the emergency order a final determination that the code violation occurred, and that work was properly ordered to cease.
(g) Removal of an Emergency Order. When an emergency order has been posted in conformity with the requirements of this chapter, removal of such order without the authorization of the City, or the Hearing Examiner if the matter has been heard by the Hearing Examiner, is unlawful and a separate violation of the municipal code. A penalty for removal, defacing, or destruction of any emergency order may be assessed in the amount specified in Section 17.60.010. (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.050 Civil Infractions.
(a) Authority. Whenever the Code Enforcement Officer has reason to determine that a code violation occurred or is occurring, the Code Enforcement Officer is authorized to issue an infraction in accordance with Chapter 7.80 RCW, which is incorporated herein by this reference, upon the person responsible for the condition. Issuance of an infraction constitutes a civil infraction. The City’s Hearing Examiner shall have jurisdiction to hear all infractions issued under this title.
(b) Chapter 7.80 RCW is hereby adopted by reference to the extent that it is not inconsistent with explicit provisions of the Lake Stevens Municipal Code, including this section. (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.060 Repeat Violations.
Whenever the Code Enforcement Officer has reason to determine that repeat violation occurred or is occurring, the Code Enforcement Officer is authorized to immediately issue notice of violation pursuant to Section 17.30.030. Penalties shall be assessed pursuant to Section 17.60.010(b). (Ord. 1122, Sec. 2 (Exh. A), 2021)
17.30.070 Extension of Compliance Time.
The Code Enforcement Officer may grant an extension of the time limit for compliance if the Code Enforcement Officer deems the person responsible has shown due diligence and/or substantial progress in correcting the violation but circumstances render full and timely compliance under the original conditions unattainable. Such request shall be made in writing prior to the stated time limit for compliance and clearly establish the need for the extension. Such grant of an extension for time does not create a new appeal period for the underlying enforcement order. (Ord. 1122, Sec. 2 (Exh. A), 2021)