Chapter 4.15
NOTICES AND ORDERS OF THE DIRECTOR
Sections:
4.15.030 Issuance – Supplemental.
4.15.050 Administrative conference.
4.15.080 Final order – Enforcement.
4.15.010 Initiation.
A. Whenever a director has reason to believe that a use or condition exists in violation of any land use or public health ordinance, any rule or regulation adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation, the director may initiate a civil or criminal action pursuant to NMC 4.05.060 or 4.05.080, and/or, at the director’s option, commence an administrative enforcement action to assess a civil penalty pursuant to NMC 4.05.090, to require an abatement pursuant to NMC 4.05.050, to collect enforcement costs incurred by the city pursuant to NMC 4.05.110 and/or 4.05.120 and/or to suspend or revoke a permit pursuant to Chapter 4.20 NMC. If the director elects to commence an administrative enforcement action pursuant to Chapter 4.05 NMC and/or Chapter 4.20 NMC, the director shall follow the notice and order procedures set forth in this chapter.
B. Pending commencement and completion of the notice and order procedure provided for in this chapter, a director may cause a stop work order to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use or public health ordinance, any rule or regulation adopted thereunder, or the condition(s) of any permit or approval issued pursuant to such ordinance, rule or regulation. Upon the posting or service of the stop work order, all work named in the stop work order shall immediately cease and shall not resume until such time as the work is approved and the person(s) engaged in the work are authorized to proceed with the work; provided, that, where a stop work order is issued in response to a violation of Chapter 18.24 NMC, relating to sensitive areas, all activity on the subject site shall cease and shall not resume until authorized by the director to proceed.
C. Upon issuance of any notice or order, the director may file a copy of the same with the King County office of records and elections. Following the satisfactory resolution of the notice and order, the director shall file a notice of satisfaction with the King County office of records and elections. (Ord. 2002-256 § 7; Ord. 37 § 1 Exh. A (.12.010), 1994).
4.15.020 Issuance – Contents.
A. Whenever a director has reason to believe that a violation of a land use or public health ordinance, any rules or regulations adopted thereunder, or any condition of any permit or approval issued pursuant to such ordinance, rule or regulation will be most promptly and efficiently terminated by an administrative enforcement proceeding, the director shall issue a written notice and order directed either to the owner or person in possession of the property where the violation originates or occurs, the owner or operator of the source of the violation, or the person otherwise causing or responsible for the violation. Such notice and order may be issued by any director acting alone or, where violations of more than one city ordinance, rule, regulation or permit or approval condition exist, in conjunction with a notice and order issued by another director.
B. A notice and order issued by a director pursuant to this chapter shall contain:
1. The street address, legal description, or other description of the real property sufficient to identify the location of the violation, as well as a description of any personal property subject to the notice and order;
2. A statement that the director has found a violation of a land use or public health ordinance, a rule or regulation adopted thereunder, or a condition of a permit or approval issued pursuant to such ordinance, rule or regulation, along with a brief and concise description of the violation;
3. A statement of any required corrective action. If the director has determined that corrective work is required, the order shall require that all required permits be secured and that the work be physically commenced and completed within such time as the director determines reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed as a result of the violation and, if applicable, the conditions on which the assessment of such civil penalty is contingent;
5. Statements advising that:
a. If any required corrective work is not commenced or completed within the time specified, the director will proceed to abate the violation and cause the work to be done, and that the director shall commence an action to charge the costs of abatement as a lien against the property and as a joint and several personal obligation of any person in responsible for the violation; and
b. If any assessed civil penalty is not paid within the time required, the director will commence an action to charge the amount of the penalty as a lien against the property and as a joint and several obligation of any person responsible for the violation.
6. A statement advising that the order shall become final; unless, no later than 10 days after the notice and order is served, any person aggrieved by the notice and order requests in writing an appeal before the hearing examiner. (Ord. 2002-256 § 8; Ord. 37 § 1 Exh. A (.12.020), 1994).
4.15.030 Issuance – Supplemental.
A director 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 title. (Ord. 37 § 1 Exh. A (.12.030), 1994).
4.15.040 Service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. 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 provided in this section shall be effective on the date of postmark. The notice and order may be, but is not required to be posted on the subject property. (Ord. 37 § 1 Exh. A (.12.040), 1994).
4.15.050 Administrative conference.
An informal administrative conference may be conducted at any time by a director for the purposes of bringing communications between concerned parties, and providing a forum for efficient resolution of any violation. A director may call a conference in response to a request from any person aggrieved by the director’s order, or the director may call a conference on his own motion. Attendance at the hearing shall be determined by the director and need not be limited to those named in a notice and order. As a result of information developed at the conference, the director may affirm, modify or revoke his order. The administrative conference is optional with a director and is not a prerequisite to utilization of any of the enforcement provisions described in this title. (Ord. 37 § 1 Exh. A (.12.050), 1994).
4.15.060 Appeals.
A. Any person aggrieved by the order of a director may request in writing within 10 days of the service of the notice and order an appeal hearing before the city hearing examiner. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing.
B. The appeal hearing shall be conducted on the record and the hearing examiner shall have such rule-making and other powers necessary for conduct of the hearing as are specified by Chapter 2.20 NMC, Hearing Examiner. Such 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 10 days prior to the date of the hearing to each appealing party, to the director whose order is being appealed, and to other interested persons who have requested in writing that they be so notified. The director may submit a report and other evidence indicating the basis for the enforcement order.
C. 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 and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called him to testify;
5. To rebut evidence against him;
6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
D. 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 he finds that a violation has occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested to all the parties.
E. Whenever possible, the appeal from a director’s order 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. 37 § 1 Exh. A (.12.060), 1994).
4.15.070 Designated.
A. Any order duly issued by a director pursuant to the procedures contained in this title shall become final 10 days after service of the notice and order unless a written request for hearing is received by the hearing examiner within the 10-day period.
B. An order which is subjected to the appeal procedure shall become final 10 days after mailing of the hearing examiner’s decision unless within that time period an aggrieved person initiates review by writ of certiorari in King County superior court. (Ord. 37 § 1 Exh. A (.12.070), 1994).
4.15.080 Final order – Enforcement.
A. If, after any order duly issued by a director 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, a director may:
1. Cause such person to be prosecuted under the provisions of this title;
2. Institute any appropriate action to collect a civil penalty assessed under this title;
3. Abate the land use or health violation using the procedures of this title;
4. File in the office of the King County records and elections division a certificate describing the property and the violation and stating that the owner has been so notified;
5. Pursue any other appropriate remedy at law or equity under this title.
B. Enforcement of any notice and order of a director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when a director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. (Ord. 37 § 1 Exh. A (.12.080), 1994).