Chapter 1.06
CODE ENFORCEMENT

Sections:

1.06.010    Purpose and intent.

1.06.020    Guidance for enforcement actions.

1.06.030    Definitions.

1.06.040    Applicability.

1.06.050    Remedies not exclusive.

1.06.060    Types of enforcement action.

1.06.070    Initiation – Investigation.

1.06.080    First contact – Warning notice.

1.06.090    Stop work order.

1.06.100    Correction agreement.

1.06.110    Citation.

1.06.120    Contents of a citation.

1.06.130    Response to a citation.

1.06.140    Mitigation of fines.

1.06.150    Contested citation hearing.

1.06.160    Notice of violation.

1.06.170    Effective date and content of a notice of violation.

1.06.180    Appeal of a notice of violation.

1.06.190    Appeal hearing for a notice of violation.

1.06.200    Failure to appear at a contested hearing or appeal hearing.

1.06.210    Final order for enforcement.

1.06.220    Method of service.

1.06.230    Monetary penalties.

1.06.240    Collection of monetary penalties.

1.06.250    Emergency order.

1.06.260    Criminal violations.

1.06.270    Abatement by the City.

1.06.280    Financial performance guarantee authorized.

1.06.290    Entry to buildings and premises – Warrants.

1.06.300    Declaration of public nuisance.

1.06.310    Lien authorized.

1.06.320    Duty not creating liability.

1.06.330    Special enforcement provisions.

1.06.010 Purpose and intent.

(1) The purpose of this chapter is to provide authority and procedures for enforcing the provisions prescribed by this chapter.

(2) The intent of this chapter is to:

(a) Prevent harm to the public and the environment of the City of Woodinville by safeguarding compliance with development regulations, health, safety and welfare regulations, and other regulations referenced in this chapter; and

(b) Provide for restoration where damage has occurred; and

(c) Establish penalties to deter future violations and prevent unjust enrichment of those who violate these regulations. (Ord. 685 § 3 (Att. A), 2019)

1.06.020 Guidance for enforcement actions.

Whenever a violation occurs, the primary goal of enforcement is to correct the violation by achieving compliance with the regulations. When determining the assessment of penalties, including whether to assess them, the following should be considered:

(1) Whether the violation constitutes a first violation, or constitutes repeated violations;

(2) Whether the violation was inadvertent and was done without oral or written warning or notice from City staff;

(3) Whether the person responsible for the violation cooperates fully and truthfully with staff in its investigations;

(4) Whether the person stops the violation immediately when informed of the violation;

(5) Whether the person corrects the violation and any resulting damage promptly and in compliance with any agreements with the City; and

(6) Whether significant damage occurs.

These policies shall not be enforceable by any private party. (Ord. 685 § 3 (Att. A), 2019)

1.06.030 Definitions.

(1) Words in this chapter used in the singular shall include the plural, and the plural shall include the singular, unless the context clearly indicates the contrary.

(2) The following definitions shall apply to this chapter:

“Abate” means to repair, replace, remove, destroy or otherwise remedy a condition that constitutes a violation by such means, in such manner, and to such an extent as the Code Enforcement Officer or the Hearing Examiner determines is necessary in the interest of the general health, safety and welfare of the community.

“Citation” means an order that represents a decision by a Code Enforcement Officer that a violation has been committed.

“City” means City of Woodinville.

“City Manager” means the person appointed pursuant to WMC 2.09.010.

“Code Enforcement Officer” means the Director, or a person or persons designated by the Director, to enforce this chapter. The Code Enforcement Officer shall have knowledge of the principles, practices, methods and techniques of code violation investigation and enforcement.

“Costs of abatement” means the costs of any abatement action taken by the City to abate the violation using lawful means in the event that the person responsible for the violation fails to do so. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing and mailing; and costs of enforcement.

“Days” means calendar days.

“Director” means the person or persons designated by the City Manager to administer this chapter.

“Fine” means a monetary sum imposed as punishment for an offense.

“Fire Department” means Woodinville Fire and Rescue.

“Incidental expenses” means personnel costs, both direct and indirect, attorneys’ fees, costs incurred in documenting the violation, hauling, storage and disposal expenses, restoration costs, and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work and the costs of any required printing and mailing, and other expenses prescribed by law.

“Notice of violation” means a notification that denotes an activity and/or condition is in violation of the law.

“Nuisance” means anything specifically enumerated by the Woodinville City Council as a public nuisance or all actions or lack thereof as defined in Chapter 8.07 WMC.

“Omission” means a failure to act.

“Person responsible for the violation” means any person who commits any act or omission which is a violation or causes or permits a violation of the City code to occur or remain upon property in the City, and includes but is not limited to owners, lessees, tenants, contractors, subcontractors or other persons entitled to control, use and/or occupy property where a violation occurs.

“Repeat violations” means:

(a) The same or similar violation, as determined by the Code Enforcement Officer, occurring on the same property within a consecutive 24-month time period; or

(b) The same person committing the same violation or similar violation, as determined by the Code Enforcement Officer, on a different property within the jurisdiction of the City within a consecutive 24-month time period.

“Restoration” means to take steps determined necessary by the Code Enforcement Officer to return a property to the condition in which it existed before a violation occurred.

“Violation” means an act or omission contrary to an adopted regulation. A violation continues to exist until abated and each day, or a portion thereof, that a violation exists constitutes a separate and distinct offense. (Ord. 685 § 3 (Att. A), 2019)

1.06.040 Applicability.

This chapter applies to any violations of:

(1) All Woodinville Municipal Code provisions referenced by or making reference to this chapter;

(2) Chapter 8.08 WMC, Noise Regulations;

(3) Chapter 13.05 WMC, Stormwater Runoff and Surface Water and Erosion Control;

(4) Shoreline Master Program as adopted by the City Council and approved by the Department of Ecology;

(5) All standards, regulations and procedures adopted by the City Council referenced by or making reference to this chapter; and

(6) The terms and conditions of any permit or approval issued by the City, or any concomitant or development agreement with the City. (Ord. 685 § 3 (Att. A), 2019)

1.06.050 Remedies not exclusive.

The procedures set forth in this chapter are not exclusive and shall not in any manner limit or restrict the City from remedying violations or abating violations in any manner authorized by law. (Ord. 685 § 3 (Att. A), 2019)

1.06.060 Types of enforcement action.

(1) The following are enforcement actions set forth under this chapter:

(a) Warning notice issued pursuant to WMC 1.06.080;

(b) Citation issued pursuant to WMC 1.06.110;

(c) Notice of violation issued pursuant to WMC 1.06.160;

(d) Misdemeanor pursuant to WMC 1.06.260.

(2) A citation and a notice of violation shall not both be issued for the same violation. However, citations and notice of violations can be issued for the same activity or condition if there are multiple violations provided each citation and notice of violation is issued for each violation consistent with the provisions of this chapter. (Ord. 685 § 3 (Att. A), 2019)

1.06.070 Initiation – Investigation.

The Code Enforcement Officer may initiate an investigation of a violation in response to receipt of a complaint, field observations, or other reliable information. (Ord. 685 § 3 (Att. A), 2019)

1.06.080 First contact – Warning notice.

(1) When a Code Enforcement Officer confirms a violation exists, the Code Enforcement Officer may issue a warning notice to secure correction of the violation by contacting the person responsible for the violation, explaining the violation, and requesting corrective action within a reasonable time period.

(2) When written notice is provided, it shall be in the form of a warning notice and contain the following information:

(a) The tax parcel number or street address where the violation occurred or is located;

(b) A statement describing the violation and referencing the code section violated;

(c) The date of the violation;

(d) A date by which the violation must be corrected;

(e) A statement of potential consequences for failure to complete the corrective action; and

(f) Other information, as determined necessary by the Code Enforcement Officer.

(3) A stop work order or an emergency order may serve as first contact in lieu of a warning notice. (Ord. 685 § 3 (Att. A), 2019)

1.06.090 Stop work order.

(1) Whenever a Code Enforcement Officer finds any work or activity being performed in a manner that violates any provisions referenced in WMC 1.06.040, or is dangerous or unsafe, the Code Enforcement Officer can issue a stop work order.

(2) The stop work order can require all or part of the work or activity to be stopped or that a use be discontinued. The scope of work or activity covered by a stop work order shall be determined at the Code Enforcement Officer’s discretion.

(3) A stop work order shall be in writing on a form determined by the Code Enforcement Officer and shall state the reason for the stop work order, the conditions under which the work or activity cited in the order will be permitted to resume, and a statement of each dangerous or unsafe condition, or a statement and description of each code section or requirement that was violated.

(4) Service of the stop work order may be given in person, by conspicuously posting the stop work order on the property or a public right-of-way adjacent to the property, by giving a copy of the stop work order to the person on the property who appears to be in charge, or by certified mail.

(5) Upon issuance of a stop work order, the work, activity or use cited shall immediately cease until such time as the Code Enforcement Officer authorizes the work, activity or use to proceed.

(6) The removal, mutilation, alteration or tampering with a stop work order is not authorized without the expressed authorization of the Code Enforcement Officer. (Ord. 685 § 3 (Att. A), 2019)

1.06.100 Correction agreement.

(1) A correction agreement is a voluntary mechanism where the person responsible for the violation agrees to correct a violation within a specified time period and in accordance with specified conditions.

(2) The City and the person responsible for the violation may enter into a correction agreement at any time.

(3) A correction agreement shall be in a form agreed to by the parties and should contain the following information:

(a) The name and address of the person responsible for the violation;

(b) The street address, legal description or other description that is sufficient to identify the location of the violation;

(c) A statement of each code section or requirement violated, and a description of the violation;

(d) The date the violation was observed;

(e) A list of required corrective actions to remedy the violation, and a date and time by which the corrective actions must be completed;

(f) A statement by the person responsible for the violation that:

(i) They committed the violation;

(ii) They agree to waive the right to appeal the determination of a violation and the specified corrective action;

(iii) The City may recover its costs and expenses, and monetary penalties from the person responsible for the violation if the terms of the correction agreement are not satisfied;

(g) A statement that the Code Enforcement Officer may inspect the location of the violation as necessary to determine compliance with the correction agreement; and

(h) Signature of the person to whom the correction agreement is directed and/or the property owner, as applicable.

(4) If the Code Enforcement Officer is not satisfied that the terms of the correction agreement are being followed, any penalties and consequences specified in the agreement may be applied.

(5) The Code Enforcement Officer may grant a time extension for correcting a violation, or may modify the conditions for corrective action, if:

(a) The person responsible for the violation has shown due diligence or substantial progress towards correcting the violation; and

(b) Unforeseen circumstances delayed correction under the original conditions; and

(c) The person responsible for the violation requests in writing and establishes a clear need for a time extension or modification of the original conditions. (Ord. 685 § 3 (Att. A), 2019)

1.06.110 Citation.

(1) The following violations are subject to the citation and/or criminal provisions set forth in this chapter:

(a) Exceeding noise standards established in Chapter 8.08 WMC;

(b) Failure to install erosion control measures and follow erosion best management practices as prescribed in Chapter 13.05 WMC;

(c) Any illicit discharges of or into stormwater, illegal dumping of or into stormwater and/or illicit connections to a stormwater facility as prescribed in Chapter 13.04 WMC;

(d) The act of failing to comply with a stop work order issued pursuant to WMC 1.06.090;

(e) Any unauthorized removal, mutilation, alteration or tampering with a posted stop work order notice;

(f) The act of removing a tree without a tree permit pursuant to WMC 21.50.050;

(g) Failure to obtain and/or comply with the terms and conditions of a right-of-way permit issued pursuant to WMC 21.80.170;

(h) Failure to obtain an annual fire inspection when required for occupied spaces; or

(i) Signs illegally erected on public property or within a public right-of-way or public easement.

(2) A citation shall be issued in writing and carry a fine pursuant to WMC 1.06.230(A). Payment of the fine shall not relieve the person responsible for a violation from the obligation to correct, abate or stop the violation.

(3) Each day a violation continues to exist shall constitute a separate violation upon which a new citation may be issued and another fine assessed. Nothing in this chapter shall be construed to restrict the City’s ability to issue a new citation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. (Ord. 685 § 3 (Att. A), 2019)

1.06.120 Contents of a citation.

(1) A citation shall contain the following:

(a) The name and address of the person being cited;

(b) The street address, tax parcel number or other description that is sufficient to identify the location of the violation;

(c) A statement of each code section or requirement violated and a description of the violation;

(d) The date of the violation;

(e) A statement of the fine being imposed pursuant to WMC 1.06.230(A);

(f) A statement that the person named in the citation must respond within 14 days after the citation was served;

(g) A statement of the options to respond and the procedures to exercise these options;

(h) A statement that the citation represents a final decision, unless contested as provided for in this chapter;

(i) A certified statement by the Code Enforcement Officer, authorized by RCW 9A.72.085, setting forth facts supporting the citation; and

(j) Other pertinent information, as determined by the City.

(2) The Code Enforcement Officer may amend the citation at any time to correct clerical errors or to cite additional authority for a stated violation.

(3) The citation shall be served upon persons responsible for a violation by one of the methods prescribed in WMC 1.06.220.

(4) The Code Enforcement Officer may withdraw a citation at any time if it was issued in error or a settlement of the offense is reached. (Ord. 685 § 3 (Att. A), 2019)

1.06.130 Response to a citation.

(1) A person named in a citation must respond to the citation by one of the following methods:

(a) Pay the fine, in which case the record shall show the person named has committed the violation; or

(b) Request a mitigation of the fine, in which case the person named agrees they committed the violation, but want to present mitigating circumstances in determining the fine; or

(c) Request a contested hearing and appeal the issuance of the citation and fine.

(2) When requesting a mitigation of the fine, or a contested hearing, the person named in the citation shall make the request in writing and include an address and contact information where notices should be sent.

(3) A response to a citation must be received by the Department no later than 14 days after the date the citation was served. The response shall be delivered by mail or by hand to the address listed on the citation. If mailed, the date post marked shall be considered the date the response was received by the Department. The response shall be considered untimely if it is not received by the Department at the address indicated on the notice of violation no later than 14 days after the date the notice of violation was served.

(4) Failure to respond to the citation within the specified time period shall result in a final order being entered that the person named in the citation committed the violation stated and that the fine specified shall be assessed.

(5) Payment of a fine shall not relieve the person named in the citation of the responsibility to cure, abate or stop the violation.

(6) A request for a contested hearing shall not stay further enforcement action or relieve the person responsible for the violation from correcting the violation. (Ord. 685 § 3 (Att. A), 2019)

1.06.140 Mitigation of fines.

(1) If a person named in a citation responds with a request for a mitigation of the fine, the person shall include a written explanation of the circumstances why the fine should be reduced.

(2) By requesting a mitigation of the fine, the person named in the citation agrees to waive the right to appeal the citation and final determination of the fine.

(3) The Director, after considering the written explanation of the circumstances, may reduce the fine by not more than 50 percent; provided, that the person named in the citation has:

(a) Corrected the violation within the 14 days set forth in WMC 1.06.130(3); and

(b) Contacted the Code Enforcement Officer to verify that the violation has been corrected.

(4) The person named in the citation has the burden of proof to demonstrate the violation has been corrected.

(5) The Director’s decision to mitigate a fine shall be based on an evaluation of individual circumstances including, but not limited to:

(a) Severity of the violation;

(b) Repeat violations;

(c) The public interest being protected; and

(d) The person named in the citation’s responsiveness to correct, abate, or stop the violation.

(6) The decision to mitigate the fine shall be made in writing. A copy of the decision shall be sent to the person named in the citation and any other party who requests in writing a copy of the decision. (Ord. 685 § 3 (Att. A), 2019)

1.06.150 Contested citation hearing.

(1) If a person named in a citation responds with a request for a contested hearing, they shall specify the reason why the cited violation did not occur, or why the person named in the citation is not responsible for the violation.

(2) The Hearing Examiner shall hold a hearing within 60 days after the City’s receipt of the response unless otherwise agreed by the City and the person named in the citation.

(3) Notice of the time, place and date of the hearing shall be sent by the City by first class mail at least 10 days prior to the date of the hearing to the address provided in the response.

(4) A contested hearing shall be conducted as an open record hearing in accordance with the rules set forth in Chapter 2.27 WMC, any rules adopted pursuant to Chapter 2.31 WMC, and supplemented by this chapter.

(5) Each party to the hearing shall be allowed to:

(a) Call, examine and cross-examine witnesses on any matter relevant to the issues of the hearing, subject to reasonable limitation by the Hearing Examiner;

(b) Offer evidence;

(c) Rebut evidence; and

(d) Represent themselves or be represented by anyone of their choice who is lawfully permitted to do so.

(6) The City may petition the Hearing Examiner for dismissal of a request, or for dismissal of a portion of a request, for a contested hearing, and the Hearing Examiner is authorized to grant such dismissal, if the response to the citation is untimely, incomplete, frivolous, beyond the Hearing Examiner’s jurisdictional authority, or the matter can be resolved as a matter of law with no genuine issues of material fact.

(7) The City has the burden of proof by a preponderance of the evidence that the person named in the notice of violation committed the violation.

(8) The certified statement or declaration, authorized by RCW 9A.72.085, submitted by the Code Enforcement Officer shall be prima facie evidence that the stated violation occurred and that the person named is responsible. The certified statement or declaration of the Code Enforcement Officer authorized under RCW 9A.72.085 and any other evidence accompanying the report shall be admissible without further evidentiary foundation.

(9) The person named in the citation may rebut the City’s evidence and establish that the cited violation did not occur or that the person named is not responsible for the violation.

(10) The Hearing Examiner shall consider the evidence and testimony presented at the hearing and based on this information shall reverse or affirm the citation and/or fine in whole or in part. The Hearing Examiner shall issue a written decision with findings and conclusions within 10 working days following the close of the hearing.

(11) The Hearing Examiner’s decision is a final order pursuant to WMC 1.06.210. Any judicial review must be commenced in King County superior court within 21 days in accordance with RCW 36.70C.040.

(12) A copy of the Hearing Examiner’s decision shall be sent to the person named in the citation and any party requesting in writing a copy of the decision. (Ord. 685 § 3 (Att. A), 2019)

1.06.160 Notice of violation.

(1) All violations of the Woodinville Municipal Code set forth in WMC 1.06.040, except as otherwise provided in WMC 1.06.110, shall be subject to the notice of violation and/or criminal provisions set forth in this chapter.

(2) The issuance of a notice of violation shall be in writing and shall carry monetary penalties pursuant to WMC 1.06.230(2). Payment of a monetary penalty shall not relieve the person responsible for the violation from the obligation to correct, abate or stop the violation.

(3) The notice of violation represents a determination that the person named in the notice is responsible for the violation and must correct the violation by the date stated in the notice. A correction agreement as set forth in WMC 1.06.100 may be offered along with the notice of violation at the discretion of the Code Enforcement Officer.

(4) Failure to respond to the notice of violation within the time period specified in WMC 1.06.180 shall result in the person named in the notice of violation being found to have committed the violation stated in the notice and are responsible for paying any monetary penalties assessed in the notice. The Code Enforcement Officer shall note in writing the failure to respond and this shall constitute a final order pursuant to WMC 1.06.210.

(5) The Code Enforcement Officer may at any time add to, rescind in part, or otherwise modify a notice of violation by issuing a supplemental notice of violation. The supplemental notice of violation shall be governed by the same procedures applicable to all notice of violations set forth in this chapter.

(6) The Code Enforcement Officer may withdraw a notice of violation if it was issued in error or the violation is otherwise settled to the satisfaction of the City.

(7) The notice of violation shall be served by one of the methods prescribed in WMC 1.06.220.

(8) Each day a violation continues to exist shall constitute a separate violation. Nothing in this chapter shall be construed to restrict the City’s ability to issue a new notice of violation or pursue other enforcement actions prescribed by this chapter as long as the violation continues to exist. (Ord. 685 § 3 (Att. A), 2019)

1.06.170 Effective date and content of a notice of violation.

(1) A notice of violation shall be effective on the date it is served.

(2) A notice of violation shall contain the following:

(a) The name and address of the person being cited;

(b) The street address or other description that is sufficient to identify the location of the violation;

(c) A statement of each code section or requirement that was violated and a description of the violation;

(d) The date the violation was observed and a time and date for compliance;

(e) A list of suggested corrective actions to remedy the violation;

(f) A statement that the notice of violation shall become a final decision, unless appealed pursuant to WMC 1.06.180;

(g) A statement of the appeal procedures consistent with WMC 1.06.180;

(h) A statement that failure to file a timely and complete appeal shall constitute a waiver of the right to appeal the notice of violation;

(i) The signature of the Code Enforcement Officer issuing the notice of violation; and

(j) Other pertinent information, as determined by the Code Enforcement Officer. (Ord. 685 § 3 (Att. A), 2019)

1.06.180 Appeal of a notice of violation.

(1) Upon service of a notice of violation, the person named in the notice of violation shall have 14 days to request an appeal hearing before the Hearing Examiner. The appeal shall be considered untimely if it is not received by the Department at the address indicated on the notice of violation no later than 14 days after the date the notice of violation was served. If mailed, the date post marked shall be considered the date the appeal was received by the Department.

(2) The request for an appeal hearing must be in writing and must be accompanied by the appropriate fee.

(3) The content of the appeal must include the following information:

(a) A brief statement of the grounds for the appeal, including why the violation did not occur or why the person named in a notice of violation is not responsible for the violation;

(b) Facts or evidence upon which the appeal is based;

(c) A complete copy of the notice of violation; and

(d) The mailing address and contact information, including an email address if available, where notices can be sent.

(4) If an appeal is filed during the pendency of the appeal hearing, all activities associated with the alleged violation cited on the notice of violation shall cease. Any penalty accruing shall be stayed pending the outcome of the appeal hearing. (Ord. 685 § 3 (Att. A), 2019)

1.06.190 Appeal hearing for a notice of violation.

(1) The Hearing Examiner shall hold the appeal hearing within 90 days after the City’s receipt of the request for an appeal hearing unless otherwise agreed by the City and the appellant.

(2) Notice of the time, place and date of the hearing will be sent by the City by first class mail at least 10 days prior to the date of the hearing to the address provided in the appeal.

(3) The appeal hearing shall be conducted as an open record hearing in accordance with the rules for hearings set forth in Chapter 2.27 WMC, any rules adopted pursuant to Chapter 2.31 WMC, and supplemented by this chapter.

(4) Each party to the hearing shall be allowed to:

(a) Call, examine and cross-examine witnesses on any matter relevant to the issue of the hearing, subject to reasonable limitations by the Hearing Examiner.

(b) Introduce evidence.

(c) Rebut evidence.

(d) Represent themselves or be represented by anyone of their choice who is lawfully permitted to do so.

(5) The City may request dismissal of a request or portions of a request for an appeal hearing, and the Hearing Examiner is authorized to grant such dismissal, if the filing of the appeal is untimely, incomplete, frivolous, beyond the Hearing Examiner’s jurisdictional authority, or the matter can be resolved as a matter of law with no genuine issues of material fact.

(6) The City has the burden of proof by a preponderance of the evidence that the person named in the notice of violation committed the violation.

(7) The person named in the notice of violation may rebut the City’s evidence and establish that the cited violation did not occur or that the person named is not responsible for the violation.

(8) Following review of the submitted evidence, the Hearing Examiner shall make written findings and conclusions:

(a) Affirming or modifying the notice of violation if the Hearing Examiner finds that a violation occurred, and the person named in the notice of violation is responsible for the violation; or

(b) Reversing the notice of violation if the Hearing Examiner finds that either no violation occurred, or the person named in the notice of violation did not commit the violation.

(9) The Hearing Examiner’s decision is a final order pursuant to WMC 1.06.210. Any judicial review of the final order must be filed in King County superior court within 21 days in accordance with RCW 36.70C.040.

(10) A copy of the Hearing Examiner’s decision shall be provided to all parties involved in the appeal hearing and any party requesting in writing a copy of the decision.

(11) Optional Hearing Examiner Prehearing Briefing Process.

(a) A prehearing briefing process may be conducted:

(i) By agreement of the parties to the appeal; or

(ii) At the Hearing Examiner’s own initiative.

(b) The purpose of a prehearing briefing is to facilitate a full and fair hearing on the merits in cases that may involve complex or confusing factual issues or legal arguments. (Ord. 685 § 3 (Att. A), 2019)

1.06.200 Failure to appear at a contested hearing or appeal hearing.

(1) Failure to appear at a hearing to contest a citation or appeal of a notice of violation shall result in a final order entered finding the person named to have committed the violation and the penalties assessed. In addition, the Hearing Examiner may include in the order an administrative fee for the cost of scheduling and conducting the hearing.

(2) For good cause shown and upon terms the Hearing Examiner finds just, the Hearing Examiner may set aside an order entered for failure to appear. (Ord. 685 § 3 (Att. A), 2019)

1.06.210 Final order for enforcement.

(1) A final order constitutes a final determination that a violation has occurred, the person named is responsible for the violation, and administrative options to contest the decision are exhausted.

(2) If after any order duly issued by the Code Enforcement Officer or Hearing Examiner becomes final, and the person, firm or corporation to whom the order is directed does not obey the order, including refusal to pay monetary penalties assessed under the order, the City may:

(a) Cause such person, firm, or corporation to be prosecuted under the provisions of this chapter;

(b) Institute appropriate action to collect monetary penalties in accordance with the provisions of this chapter;

(c) Abate the violation in accordance with provisions of this chapter and State law;

(d) Pursue other reasonable remedies as allowed by law. (Ord. 685 § 3 (Att. A), 2019)

1.06.220 Method of service.

(1) Warning notices, citations and notice of violations shall be served upon the responsible person to whom it is directed by one or more of the following methods:

(a) Personal service, or by leaving a copy at the person’s usual abode with a person over the age of 18 who resides there;

(b) Mailing a copy of the notice to such person at his/her last known address; and/or

(c) Posting a copy of the notice in a conspicuous place on the affected property or structure.

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

(3) Service by mail shall be effective on the date of postmark.

(4) Failure of any person to actually receive the warning notice, citation, or notice of violation shall not invalidate any code enforcement action. (Ord. 685 § 3 (Att. A), 2019)

1.06.230 Monetary penalties.

(1) Monetary penalties for a citation shall be in accordance with Table 1.06.230:

Table 1.06.230 

Code Provision

First Violation

Second Violation

Third and Subsequent Violations

Exceeding noise standards

$125

$175

$250

Failure to comply with erosion control measures and best management practices

$125

$175

$250

Illicit discharges of or into stormwater, illegal dumping of or into stormwater and/or illicit connections to a stormwater facility

$300

$600

$900

Failure to comply with a stop work order

$500

$1,000

$1,500

Unauthorized removal, mutilation, alteration or tampering with a stop work order notice

$1,000

$1,000

$1,500

Failure to obtain a tree removal permit (penalty per each tree)

$1,000 for the first tree

$1,500 for a second tree

$2,000 for a third and each additional tree

Failure to obtain and/or comply with a right-of-way permit

$125

$250

$375

Failure to obtain an annual fire inspection

$250

$500

$750

Illegal sign in a public right-of-way

$125

$175

$250

(2) Monetary penalties for a notice of violation shall be as follows:

(a) First day of each violation, $200.00;

(b) Second day of each violation, $300.00;

(c) Third day of each violation, $400.00;

(d) Fourth day and each additional day of violation beyond four days, $500.00 per day. (Ord. 685 § 3 (Att. A), 2019)

1.06.240 Collection of monetary penalties.

(1) When an order becomes final, the City at its option may:

(a) Collect the monetary penalties through its own efforts;

(b) Assign to a collection agency the collection of any monetary penalties or cost of abatement that have been assessed under the provisions of this chapter; and/or

(c) Commence a civil action in any court of competent jurisdiction to collect the monetary penalties and abatement costs assessed under the provisions of this chapter.

(2) The monetary penalties and abatement costs are deemed public debt and the City may retain collection agencies to collect such debt pursuant to RCW 19.16.500, as presently existing or as subsequently may be amended.

(3) The City may convert the Hearing Examiner’s order or final order into a judgment.

(4) If a collection agency is used to collect any monetary penalties or cost of abatement:

(a) The collection agency may add fees or interest charges to the original amount assigned to collections as allowed by law; and

(b) No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the City attempts to notify the person responsible for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if debt is not paid; and

(c) Notice of potential assignment to collections shall be made by regular first-class mail to the last known address of the person responsible for the violation; and

(d) The inability to ascertain a current mailing address shall not prohibit the debt from being assigned to collections. (Ord. 685 § 3 (Att. A), 2019)

1.06.250 Emergency order.

(1) The Code Enforcement Officer may issue an emergency order whenever the City becomes aware of a condition or activity that creates an immediate and emergent threat to the public health, safety or welfare or to the environment.

(2) The emergency order shall state the reason for the order and the conditions that must be remedied.

(3) Upon issuance of an emergency order, the cited activity shall cease, and any unsafe or dangerous condition shall be immediately remedied, including by immediate abatement by the City if the Code Enforcement Officer finds it necessary.

(4) The person named in the emergency order may appeal the order within 14 days from the date of issuance of the order in accordance with the same procedures for appealing a notice of violation set forth in WMC 1.06.180.

(5) An appeal of an emergency order shall not stay the requirement to immediately act to remedy any dangerous or unsafe conditions. (Ord. 685 § 3 (Att. A), 2019)

1.06.260 Criminal violations.

(1) In addition to, or as an alternative to, the civil violation actions prescribed by this chapter, the Code Enforcement Officer may refer a violation to the City Prosecuting Attorney who shall have the ability to file the violation as a criminal misdemeanor in a court of competent jurisdiction.

(2) Any person who willfully or knowingly violates any City code or regulation by way of repeat violations, or by any act of commission or omission procures, aids or abets such violation, is guilty of a criminal misdemeanor and upon conviction shall be punishable by a fine not to exceed $1,000, or imprisonment for a term not to exceed 90 days, or both. Each day during which a violation continues to exist shall be considered an additional violation. (Ord. 685 § 3 (Att. A), 2019)

1.06.270 Abatement by the City.

(1) The City may abate a condition which was caused by, or continues to be, a code violation when:

(a) The terms of a correction agreement prescribed by this chapter have not been satisfied; or

(b) A citation was issued pursuant to this chapter, the period for filing a contested hearing has expired, and the required correction has not been completed; or

(c) A notice of violation was issued pursuant to this chapter, the period for filing an appeal has expired, and the required correction has not been completed; or

(d) The condition is subject to an emergency order and summary abatement as prescribed by this chapter, or other specific provisions of City or State law.

(2) Whenever a violation of a regulation causes a condition, of which the continued existence constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the City may summarily, and without prior notice, abate the condition.

(a) Notice of the summary abatement shall be given after the abatement to the person responsible for the violation as soon as reasonably possible. The notice shall include the reason for the summary abatement.

(b) No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats.

(3) Using any lawful means, the City or its agents may enter upon the subject property for summary abatement and may remove or correct the condition which is subject to the abatement. The City may seek such judicial process as it deems necessary to affect the removal or correction of such condition.

(4) Any person who knowingly obstructs, impedes or interferes with the City or its agents, or with the person responsible for the violation, in the performance of duties imposed by this chapter shall be guilty of a misdemeanor punishable pursuant to WMC 1.06.260.

(5) The costs of the abatement, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within 30 days. All such costs and expenses shall constitute a lien against the affected property. (Ord. 685 § 3 (Att. A), 2019)

1.06.280 Financial performance guarantee authorized.

(1) As part of any enforcement action requiring restoration as a term for correcting a violation, the Code Enforcement Officer may require a financial performance guarantee to be provided to ensure that the correction or restoration is completed.

(2) The person required to correct the violation or conduct the restoration shall provide an estimate of the cost of the work or the likely cost of maintaining the work after completion. The Code Enforcement Officer shall review, and if acceptable, approve the cost estimates.

(3) The financial performance guarantee shall be at least 150 percent of the cost of the work it is to guarantee. The form of, terms and conditions of the financial performance guarantee shall be determined by the City.

(4) The City shall hold the financial performance guarantee and it shall not be released until the terms and conditions of the financial performance guarantee are satisfied. If after the time period specified in the financial performance guarantee work is not completed, the City may use the funds to complete the work. (Ord. 685 § 3 (Att. A), 2019)

1.06.290 Entry to buildings and premises – Warrants.

(1) Whenever it is necessary to inspect to determine if a violation has occurred or is occurring, or to enforce any provision of the Woodinville Municipal Code, or enforce any corrective actions issued under this chapter, the Code Enforcement Officer may enter any building or premises at any reasonable time, provided:

(a) If the subject building or premises is occupied, the Code Enforcement Officer shall first present credentials and request entry; or

(b) If the subject building or premises is not occupied, the Code Enforcement Officer shall first make a reasonable effort to locate the owner or other person having charge of the building or premises and request entry.

(c) If such entry is refused or the owner or other person having charge of the building or premises cannot be located, the Code Enforcement Officer shall have recourse to every remedy provided by law to secure entry, including recourse to a court of competent jurisdiction for issuance of a warrant authorizing such entry and inspection.

(d) If the Code Enforcement Officer believes that the conditions create an immediate and irreparable health or life safety hazard, the Code Enforcement Officer may make entry.

(2) It is unlawful for any owner, occupant or any other person having charge, care or control of any building, structure, property or portion thereof to fail or neglect to permit the Code Enforcement Officer prompt entry following presentment of a valid warrant or a statement by the Code Enforcement Officer that he or she considers the conditions create an immediate and irreparable health or life safety hazard. (Ord. 685 § 3 (Att. A), 2019)

1.06.300 Declaration of public nuisance.

All civil violations subject to this chapter are determined to be detrimental to the public health, safety, and environment, and are declared to be public nuisances. (Ord. 685 § 3 (Att. A), 2019)

1.06.310 Lien authorized.

The City shall have a lien to the extent authorized by RCW 35A.21.405 and any other applicable law for any monetary penalty imposed, the cost of any abatement work done pursuant to this chapter, together with any costs including personnel costs, both direct and indirect, and attorney and expert witness fees against the real property on which the monetary penalty was imposed or any abatement work performed. The Code Enforcement Officer shall follow the procedures required by RCW 35A.21.405 as now or hereafter amended in order to file such a lien. (Ord. 685 § 3 (Att. A), 2019)

1.06.320 Duty not creating liability.

No provision or term used in this chapter is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. (Ord. 685 § 3 (Att. A), 2019)

1.06.330 Special enforcement provisions.

The following enforcement provisions are additional to other enforcement actions set forth in this chapter:

(1) Illegal Signs on Public Property.

(a) Any sign on public property or within a public right-of-way or public easement that violates Chapter 21.35 WMC (Signs) may be removed by a Code Enforcement Officer without notice.

(b) The City may store confiscated signs for 30 days after the day the sign was removed and will notify the advertiser that the City is storing the sign and the time and location where the sign can be retrieved. The advertiser may retrieve the sign during any work days within this 30-day period.

(c) If the advertiser cannot be determined or the sign is not picked up by the advertiser within the time period set by subsection (1)(b) of this section, the City may dispose of the sign. The removal and disposal of an illegal sign is an enforcement mechanism and not a penalty.

(d) The City and its officers, employees, or contractors are not responsible for any lost or damaged sign on public property, public rights-of-way, or public easements, while on the property, right-of-way or easement, or in City custody.

(2) Fire Department.

(a) The City Manager may authorize Woodinville Fire and Rescue Fire Chief, or a person designated by the Fire Chief, to have some or all of the authority and powers of the Code Enforcement Officer as provided for in this chapter as it pertains to enforcing fire regulations adopted by the City.

(b) Any code enforcement undertaken by Woodinville Fire and Rescue pursuant to this chapter must be coordinated with and approved by the City Manager or Director. (Ord. 685 § 3 (Att. A), 2019)