Chapter 17.20 ENFORCEMENT PROCESS

Chapter 17.20
ENFORCEMENT PROCESS

Sections:

17.20.030 Procedures and Guidelines for Responding to Code Complaints and Violations

17.20.010 Authority to Enforce.

The City of Lake Stevens authorizes the Code Enforcement Officer to enact official orders and direct the service of such orders to enforce against violations of, and/or failure to comply with the regulations of, any provisions of the Lake Stevens Municipal Code. (Ord. 1122, Sec. 2 (Exh. A), 2021)

17.20.020 Categories of Response.

Responses to complaints or evidence of a code violation shall be prioritized based on significance and severity. The categories set forth in this section are not jurisdictional and failure to meet them in any particular case shall not affect the City’s authority to enforce City code provisions with regard to that case. The following categories serve as guidelines for administering this title:

(a) High risk situations need an urgent response. These include an imminent likelihood of/or actual bodily harm or detrimental public health exposure, damage to public resources or facilities, damage to real or personal property, or significant environmental damage or contamination.

(b) Moderate risk situations need a prompt response. These include a risk of bodily harm, damage to public resources or facilities, damage to real or personal property, environmental damage or contamination.

(c) Low risk situations need response as time permits. These are nonemergent, do not fit within the high risk or moderate risk categories and have only minor public impacts. (Ord. 1122, Sec. 2 (Exh. A), 2021)

17.20.030 Procedures and Guidelines for Responding to Code Complaints and Violations.

(a) This section sets out procedures and guidelines for responding to complaints and code violations.

(b) Complaints - Investigation, Verification. The Code Enforcement Officer shall determine whether a complaint is reliable based upon past complaints, subsequent inspections and/or investigations, and other relevant criteria or information. If the Code Enforcement Officer determines a complaint is reliable, the Code Enforcement Officer may conduct or take all appropriate or necessary inspections, investigations and actions. If the Code Enforcement Officer determines a complaint is not reliable, the City is not obligated to conduct any further inspection or investigation, nor to act regarding such complaint.

(c) Violations - Investigation - Verification - Enforcement. The Code Enforcement Officer will determine whether a violation is probable or has occurred based upon information derived from sources including but not limited to complaints, police reports, inspections, field observations, witnesses, relevant documents, and city data systems. When the Code Enforcement Officer makes such a determination, the violation will be documented and the Code Enforcement Officer may take or issue appropriate enforcement action pursuant to this chapter including but not limited to issuance of warning letters, VCAs, notices of violation, emergency orders, civil infractions, fines, penalties, and criminal enforcement.

(d) Enforcement Actions. In order to promote compliance with the code and/or to discourage public nuisances, the Code Enforcement Officer may, in response to inspections, field observations, reports, investigations or reliable complaints, determine that violations of the code have occurred or are or may be occurring, and may take the following enforcement actions, in whole or part, and in any order appropriate to the violation:

(1) Warning.

(2) Voluntary compliance agreement.

(3) Notice of violation.

(4) Emergency orders: stop work; cease and desist.

(5) Civil infraction.

(6) Suspend, revoke, or modify any permit, license or approval.

(7) Impose fines, penalties, and/or recover costs incurred by the City.

(8) Criminal enforcement.

(e) Verification of Compliance. The Code Enforcement Officer shall make such investigations or inspections as necessary or appropriate to confirm compliance with any enforcement action. (Ord. 1122, Sec. 2 (Exh. A), 2021)

17.20.040 Transfer of Ownership.

Where any enforcement order has been issued pursuant to this title, it shall be unlawful for the owner of the subject property to sell, transfer, mortgage, lease or otherwise dispose of such property, dwelling unit, or structure to another until the provisions of the enforcement order have been complied with, or until such owner shall first furnish the grantee, transferee, mortgagee or lessee a true copy of any enforcement order or notice of 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 enforcement order and fully accepting the responsibility without condition for making the corrections or repairs required by such enforcement order. This provision shall not apply to the following types of transfers of real property: 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. 1122, Sec. 2 (Exh. A), 2021)