Chapter 17.80
ENFORCEMENT
Sections:
17.80.006 Investigation and notice of violation.
17.80.014 Appeal to hearing examiner.
17.80.001 Purpose.
A. The purpose of this chapter is to promote compliance with the community standards established by Clyde Hill’s Municipal Code through the investigation of potential or actual violations of the code and other applicable regulations. The city strives to support compliance with the municipal code by maintaining the following best practices:
1. Prevention. Providing structural controls and outreach to prevent violations from occurring.
2. Education. Consistently communicating standards to vendors and the general public.
3. Awareness. Informing residents of complaints, enforced or dismissed, to encourage voluntary action.
B. By working in partnership with our residents we are able to enhance community pride, facilitate voluntary compliance, and increase safety within our community. (Ord. 1009 § 1, 2024)
17.80.002 Violations.
A. It is a violation of this title for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the city of Clyde Hill without first obtaining the permits or authorizations required for the use by this title.
B. It is a violation of this title for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished any structure, land or property within the city of Clyde Hill in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.
C. In addition to the above, it is a violation of this title to:
1. Remove or deface any sign, notice, complaint or order required by or posted in accordance with this chapter;
2. Misrepresent any material fact in any application, plans or other information submitted to obtain any building or construction authorization;
3. Fail to comply with any of the requirements of this title. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.004 Enforcement.
A. The public works director, or the director’s designee, shall be the official responsible for determining when to commence enforcement proceedings under this title. The public works director may call upon any other appropriate city department or personnel to assist in enforcement. As used in this chapter, “code enforcement officer” shall mean the public works director, including any staff member acting as the director’s duly authorized representative.
B. Upon presentation of proper credentials, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by this title.
C. This chapter shall be enforced for the benefit of the health, safety or welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter that the city will engage in code enforcement and investigation in both proactive and reactive situations as follows:
1. Proactive. Any construction or land use project or action or any city-permitted action that presents actual or perceived violations of this title as it affects the premises, the occupants of the premises, or any member of the public.
2. Reactive. Complaints received by the city of Clyde Hill, excluding anonymous complaints.
D. It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title.
E. No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees that would subject the officer or employee to damages in a civil action. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.006 Investigation and notice of violation.
A. Investigation. The code enforcement officer may investigate any structure or use which the officer reasonably believes does not comply with the standards and requirements of this title. Investigation includes, but is not limited to, communication with all parties and review of the applicable written record.
B. Notice of Violation. If after investigation, the code enforcement officer determines that the standards or requirements of this title have been or likely have been violated, the officer may serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:
1. A separate statement of each standard, code provision, or requirement asserted to be violated;
2. A complete copy of the standard, code provision, or requirement asserted to be violated;
3. What corrective action, if any, is necessary to comply with the standards, code provisions, or requirements;
4. A reasonable time for compliance;
5. A statement that if the violation is not already subject to criminal prosecution, that any subsequent violations may result in criminal prosecution as provided in CHMC 17.80.018;
6. A copy of the complaint, if filed in writing.
C. Service. The notice shall be served on the owner, tenant or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) are unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon those person(s) may be made by:
1. Publishing the notice once each week for two consecutive weeks in the city’s official newspaper; and
2. Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.
D. Posting. In addition to the service requirements in subsection (C) of this section, a copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.
E. Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to CHMC 17.80.010, 17.80.012, 17.80.018, or 17.80.020.
F. Optional Notice to Others. The code enforcement officer may mail, or cause to be delivered to all residential or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice that informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.
G. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.008 Time to comply.
A. Determination of Time. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:
1. The type and degree of violation cited in the notice;
2. The stated intent, if any, of a responsible party to take steps to comply;
3. The procedural requirements for obtaining a permit to carry out corrective action;
4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and
5. Any other circumstances beyond the control of the responsible party.
B. Order Becomes Final Unless Appealed. Unless an appeal is filed with the hearing examiner in accordance with CHMC 17.80.014, the notice of violation shall become final and the person(s) named in the notice of violation must immediately comply with all corrective actions and monetary penalties set forward in the notice within the time(s) established in the notice. A copy of the notice may be filed with the King County department of records if a lien is filed. The code enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.010 Stop work order.
Whenever a continuing violation materially impairs the code enforcement officer’s ability to secure compliance with this code, or when the continuing violation threatens the health or safety of the public, the code enforcement officer may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a stop work order shall constitute a violation of this chapter. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.012 Emergency order.
Whenever any use or activity in violation of this title threatens the health or safety of the occupants of the premises and/or any member of the public, the code enforcement officer may issue an emergency order directing that the use or activity be discontinued and the condition causing the threat to the public health or safety be corrected. The emergency order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an emergency order shall constitute a violation of this chapter.
Any condition described in the emergency order which is not corrected within the time specified is hereby declared to be a public nuisance and the code enforcement officer is authorized to abate that nuisance summarily by any means that may be available. The cost of abatement shall be recovered from the owner or person responsible or both in the manner provided by law. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.014 Appeal to hearing examiner.
A. The person(s) cited in the notice of violation may appeal the notice by requesting an appeal within 30 calendar days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or city holiday, the period shall run until 4:00 p.m. on the next business day. The request must be in writing, and upon receipt of the appeal request, the code enforcement officer shall forward the request to the hearing examiner.
B. To be sufficient, the request for an appeal must contain the following:
1. A complete copy of the notice of violation;
2. A written statement explaining which specific provisions in the notice the appellant is contesting, including the basis for the appeal with citation to applicable facts, regulations, and laws that support the appellant’s position;
3. Payment of all applicable appeal fees.
Incomplete appeals that do not meet all these requirements will not be considered, unless amended to meet these requirements within the original appeal time period.
C. At or after the appeal hearing, the hearing examiner may:
1. Sustain the notice of violation;
2. Withdraw the notice of violation;
3. Continue the review to a date certain for receipt of additional information;
4. Modify the notice of violation, which may include an extension of the compliance date.
D. The hearing examiner shall issue a decision within 10 days of the date of the completion of the review and shall cause the same to be mailed electronically (email or otherwise) and by regular first class mail to the person(s) named on the notice of violation and to the complainant, if possible, and filed with the King County department of records, if applicable.
E. The decision of the hearing examiner shall be final and conclusive. No further appeals within the city (i.e., to the mayor, council, or city administrator) are allowed.
F. Fee. The fee for the appeal under this section shall be set by the resolution of the city council. The appeal fee shall accompany the appeal. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.016 Civil penalty.
A. In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this title shall be subject to a cumulative penalty in the amount of not more than $250.00 per day for each violation from the date set for compliance until compliance with the order is achieved.
B. The penalty imposed by this section shall be collected by civil action brought in the name of the city. The code enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the code enforcement officer, take appropriate action to collect the penalty. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to collect the civil penalty.
C. The violator may show as full or partial mitigation of liability:
1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or
2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the violator. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.018 Criminal penalties.
A. In addition to any other sanction or remedial procedure which may be available, any person who knowingly violates or fails to comply with any of the provisions of this title is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.012, as now enacted or hereafter amended. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense.
B. The above criminal penalty may also be imposed:
1. For any other violation of this title for which corrective action is not possible;
2. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this title; or
3. On any person who violates or fails to comply with any of the provisions of this title and who has had a judgment entered against him or her pursuant to CHMC 17.80.016 or its predecessors within the past five years. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)
17.80.020 Additional relief.
The code enforcement officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of this title when civil or criminal penalties are inadequate to effect compliance. The city shall be entitled to recover its attorneys’ fees and costs if litigation is necessary to enforce the notice of violation or obtain equitable relief. (Ord. 1009 § 1, 2024; Ord. 805 § 1, 1999; Ord. 709 § 3, 1995)