Chapter 19.90
NOTICE AND ORDERS
Sections:
19.90.030 Supplementation, revocation or modification.
19.90.050 Transfer of ownership.
19.90.070 Extension of compliance date.
19.90.010 Authority.
Whenever the code enforcement officer has reason to determine that a civil code violation occurred or is occurring, or that the civil code violations cited in an infraction have not been corrected, or that the terms of a VCA have not been met, or the person responsible has decided not to enter into a VCA, the code enforcement officer is authorized to issue a notice and order to any person responsible for the code violation. Subsequent violations shall be treated as new violations for purposes of this section. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.020 Contents.
A notice and order shall be completed in a form approved by the code enforcement officer and the city attorney, and shall be served consistent with Chapter 19.120 NPMC and shall, at minimum, include the following:
(1) The tax parcel number(s), address, when available, or description sufficient for identification of the building, structure, premises or land upon which or within which the violation has occurred or is occurring;
(2) A statement of each ordinance, regulation, code provision or permit requirement violated;
(3) The name of the city official issuing the notice and order;
(4) The required corrective action that is necessary to achieve compliance and a date by which the correction must be completed;
(5) If the corrective action is not completed by the date set for compliance, the responsible person shall be subject to a cumulative penalty in the amount of $250.00 per day for each violation from the date set for compliance until compliance with the notice and order is achieved;
(6) An explanation of the appeal process and the specific information required to file an appeal;
(7) A statement that if the violation is not corrected and the notice and order is not appealed, the violation(s) shall be deemed committed without requiring further action by the city or the city’s hearing examiner and the person to whom the notice and order is issued shall be assessed the monetary penalty indicated in the notice and order;
(8) 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
(9) A statement advising that, if any of the work is not commenced or completed within the time specified for compliance, 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 liening the property for the costs of the abatement and any accompanying fines or penalties. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.030 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 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 and orders contained in this title.
(2) The code enforcement officer may revoke or modify a notice and order issued under this title if the original notice and order 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 King County recorder’s office, or its successor agency, if the underlying notice and order was recorded. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.040 Recording.
(1) Whenever a notice and order is served on a person responsible for the code violation, the city may record a copy of the notice and order with the King County recorder’s office, or its successor agency.
(2) When all violations specified in the notice and order have been corrected or abated, the code enforcement officer shall record a release of notice and order with the King County recorder’s office, or its successor agency, if the underlying notice and order 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. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.050 Transfer of ownership.
It shall be unlawful for the owner of any property who has received a notice of civil violation to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of civil violation have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any compliance order or notice of civil violation issued by the code enforcement officer and shall furnish to the code enforcement officer a signed and notarized statement from the grantee, transferee, mortgagee or lessee, acknowledging the receipt of such compliance order or notice of civil violation and fully accepting the responsibility without condition for making the corrections or repairs required by such compliance order or notice and order. This provision shall not apply to the following types of transfers of real property: a gift or other transfer to a parent, spouse, domestic partner, or child of a transferor or child of any parent, spouse, or domestic partner of a transferor; a transfer between spouses or between domestic partners in connection with a marital dissolution or dissolution of a state registered domestic partnership; a transfer made by the personal representative of the estate of the decedent or by a trustee in bankruptcy; and a tax-deferred exchange to an intermediary or facilitator. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.060 Time limits.
(1) Persons receiving a notice and order shall rectify the code violations identified within 14 days of the date of issuance, or within such other time period specified by the code enforcement officer in the notice and order issued pursuant to this title, unless the responsible person requests an extension pursuant to NPMC 19.90.070.
(2) Unless an appeal is filed with the code enforcement officer for a hearing before the hearing examiner in accordance with this title, the notice and order shall become the final administrative order of the code enforcement officer, and the civil penalties assessed shall be immediately due and subject to collection. (Ord. 1005 § 2 (Exh. A), 2021).
19.90.070 Extension of compliance date.
The code enforcement officer may grant an extension of the time limit for compliance, or a modification of the required corrective action may be granted, if the person responsible has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances or circumstances beyond the control of the person responsible render full and timely compliance under the original conditions unattainable. Such request shall be made in writing by the person responsible prior to the time limit for compliance and shall clearly establish the need for such an extension. (Ord. 1005 § 2 (Exh. A), 2021).