Chapter 1.33 CODE COMPLIANCE

Unless otherwise expressly stated, the following terms shall, for the purposes of this code, have the meanings shown in this section. Words stated in the present tense include the future; words stated in the masculine gender include the feminine and neuter; the singular number includes the plural and the plural, the singular. Where terms are not defined through the methods authorized by this section, such terms shall have ordinarily accepted meanings such as the context implies.

(1) “Abate” means to repair, replace, remove, destroy or otherwise remedy a condition which constitutes a civil violation by such means, in a manner and to such an extent as the authorized representative of the city determines is necessary in the interest of the general health, safety and welfare of the community.

(2) “Applicable department director” or “director” means the director of the department or any designated alternate empowered by ordinance or by the city manager to enforce a city ordinance or regulation.

(3) “Authorized representative or agent” means any person having authority to act on behalf of the city of Longview within the terms of this chapter, including, but not limited to, the city manager, assistant city manager, city attorney, assistant city attorney, applicable department director (or his/her designee), code enforcement officers and any other person granted the authority to act on behalf of the city pursuant to this chapter.

(4) “Civil violation” means a code violation for which a monetary penalty may be imposed.

(5) “City” or “the city” means the city of Longview, Washington, acting by and through the authorized representatives or agents.

(6) “Code” means the Longview Municipal Code.

(7) “Code violation” or “violation” means and includes an act or omission contrary to:

(a) Any ordinance, resolution, regulation or public rule of the city that regulates or protects the use and development of land or water; and/or

(b) The conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule.

(8) “Days” will be counted as business days when seven or less days are allowed to do an act required by this chapter. “Days” will be considered calendar days when more than seven days are allowed to do an act required by this chapter.

(9) “Determination of compliance” means a written statement from the city that evidence to determine that the violation(s) has been sufficiently abated as to the violation(s) stated in the voluntary compliance agreement, warning notice, notice and order or stop work order.

(10) “Development” means the erection, alteration, enlargement, demolition, maintenance or use of any structure or the alteration or use of any land above or below ground or water level and all acts authorized by a city regulation.

(11) “Emergency” means a situation which in the opinion of the applicable department director requires immediate action to prevent or eliminate an immediate threat to the health or safety of people or property.

(12) “Found in violation” means:

(a) That a warning notice, notice and order or stop work order has been issued and not timely appealed;

(b) That a voluntary compliance agreement has been entered into; or

(c) That the hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal to the superior court of Cowlitz County.

(13) “Hearing examiner” or “examiner” means the city of Longview hearing examiner, as provided by Chapter 1.32 LMC, Hearing Examiner, as adopted or hereafter amended.

(14) “High risk case” means where there is an imminent likelihood of actual bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure or environmental damage or contamination.

(15) “Mitigate” means to take measures, subject to city approval, to minimize the harmful effects of the violation where complete remediation is either impossible or unreasonably burdensome.

(16) “Moderate risk case” means where there is a possibility of bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure or environmental damage or contamination.

(17) “Omission” means a failure to act.

(18) “Permit” means any form of certificate, approval, registration, license or any other written permission issued by the city. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owners’ tenants, and owners’ agents as permit requirements enforceable under this chapter.

(19) “Person” means any individual, association, partnership, corporation or legal entity, public or private, and the agents, contractors, and assigns of such individual, association, partnership, corporation or legal entity.

(20) “Person responsible for a code violation” or “responsible person” means any person, as above defined, who is required by the applicable regulation to comply therewith, or who commits any act or omission which is a civil violation or causes or permits a civil violation to occur or remain upon property in the city, and includes but is not limited to owner(s), lessor(s), tenant(s) or other person(s) entitled to control, use and/or occupy property where a civil violation occurs. For sign violations, this definition includes, but is not limited to, sign installers or posters, sign owners, and all other persons who cause or participate in the placement of a sign in a manner that constitutes a civil violation.

(21) “Public rule” means any rule, including those policies and procedures of any department of the city, properly promulgated to implement provisions of this code.

(22) “Remediate” means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare.

(23) “Repeat violation” means a violation of the same regulation in any location by the same person for which voluntary compliance has been sought within one year or a notice of civil violation has been issued within two years.

(24) “Resolution,” for purposes of this chapter, means any resolution adopted by the city of Longview city council.

(25) “Warning” is any notice given verbally or in writing advising a person responsible for a code violation of such code violation.

(26) “When applicable” refers to code violations that are specific to violations connected to a specific physical location. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.120 Purpose and scope.

This chapter sets forth the enforcement procedures for violations of the following:

Violations of LMC Titles 5, 6, 7, 10, 11, 12, 14, 15, 16, 17, 18, and 19 as now in effect or hereafter amended.

All conditions determined to be violations of the codes listed in this section shall be subject to and enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation. The provisions of this chapter are in addition to any other provisions of this code and may be enforced separately from such other provisions or in combination therewith. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.130 Declaration of public nuisance – Misdemeanor.

(1) All violations of the titles listed in LMC 1.33.120 are hereby determined to be detrimental to the general public health, safety and welfare and are also hereby declared public nuisances.

(2) Any person who willfully or knowingly causes, aids or abets a violation pursuant to the titles listed in LMC 1.33.120 by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or incarceration for a term not to exceed 90 days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. Misdemeanor prosecution is an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other code section or regulation. The authorized representative of the city may recommend that the office of the city attorney file a misdemeanor complaint against the person responsible for a code violation when the city has documentation or other evidence that the violation was willful and knowing. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.140 Enforcement, authority, and administration.

(1) In order to discourage public nuisances and/or otherwise promote compliance with applicable code provisions, the city may, in response to field observations, investigations or reliable complaints, determine that violations of the titles listed in LMC 1.33.120 have occurred or are occurring, and may:

(a) Issue warning notices, notice and orders, assess civil penalties, and/or recover costs as authorized by this chapter and/or other applicable code sections;

(b) Enter into voluntary compliance agreements with a person responsible for code violations;

(c) Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter;

(d) Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties as authorized by this chapter and/or other applicable code sections;

(e) Suspend, revoke, or modify any permit previously issued by the city or deny a permit application as authorized by this chapter and/or other applicable code sections when other efforts to achieve compliance have failed;

(f) Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses; and/or

(g) Require any other remedy available by law through the hearing examiner and/or court of applicable jurisdiction in Cowlitz County.

(2) The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the city from remedying or abating violations of the titles listed in LMC 1.33.120 in any other manner authorized by law.

(3) In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, the city may seek legal or equitable relief to abate and/or remedy any conditions or enjoin any acts or practices which constitute a code violation.

(4) In addition to, or as an alternative to, utilizing the procedures set forth in this chapter, the city may assess or recover civil penalties accruing under this chapter by legal action filed in the court of applicable jurisdiction in Cowlitz County by the office of the city attorney.

(5) The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation.

(6) In administering the provisions for code compliance, the city shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship.

(7) The city may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by the Longview Municipal Code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints.

(8) The city may request that the police, appropriate fire district, Cowlitz Regional Health District, or other appropriate city department or other noncity agency assist in enforcement of this code. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.150 Guidelines for departmental responses to complaints.

City representatives are authorized to determine, based upon past complaints, subsequent investigations, and other relevant criteria or information, whether a complaint is reliable. If the city determines a complaint is not reliable, the city is not obligated to conduct an investigation of such complaint. If the city determines a complaint is reliable, the city may conduct an investigation; in determining whether the city will conduct an investigation, the city will consider the following:

(1) The guidelines set forth in LMC 1.33.160 should be applied by the city, subject to resource limitations, when responding to code compliance complaints.

(2) The provisions of this chapter detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to city employees and are not jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.160 Procedures when probable violation is identified.

In consideration of LMC 1.33.150, this section sets forth guidelines for procedures to be used by the city in implementing this chapter. They shall be as follows:

(1) The city shall determine, based upon information derived from sources including, but not limited to, field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable city codes, regulations and other applicable laws, whether or not a violation has occurred. When the city has reasonable cause to determine that a violation has occurred, the violation should be documented and the person responsible for the code violation notified of such violation.

(2) A warning should be issued verbally or in writing as a warning notice when the city determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it: (a) immediately if it is an emergency high risk case; or (b) within 72 hours if it is a moderate risk case; or (c) within 14 days for all other violations. Verbal warnings should be logged and followed up with a written warning notice within five days.

(3) The applicable department director shall not be required to issue a warning and may immediately issue a notice and order or stop work order in the following:

(a) Cases of emergencies;

(b) Cases involving the public right-of-way;

(d) Cases that are already subject to a voluntary compliance agreement;

(e) Cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours;

(f) Cases where a stop work order is necessary; and/or

(g) When the person responsible for the code violation knows, or reasonably should have known, that the action or omission was a code violation.

(4) The applicable department director, or where appropriate a law enforcement officer, shall not be required to issue a warning and may immediately issue a notice and order, stop work order, criminal citation or notice of civil infraction, and may issue or request to be issued a notice and order, stop work order, criminal citation or notice of civil infraction upon discovery of the violation where there are violations of the following:

(a) LMC 10.32.080 (tree cutting);

(b) LMC 11.40.070 (neighborhood signs, signs on vehicles);

(d) Chapter 16.30 LMC, Section 302.24 (alley/right-of-way maintenance);

(e) Chapter 16.30 LMC, Section 307 (garbage);

(f) LMC 16.13.030 (Uniform Sign Code); and/or

(g) Chapter 17.80 LMC (Stormwater).

Nothing within this subsection (4) is intended to restrict or limit the powers of the applicable department director or law enforcement officers in any matters and is only intended to specifically identify when a warning notice is not required before issuing some form of notice or citation for those violations identified under subsections (4)(a) through (g) of this section.

(5) When a warning has been given and the violation has not been corrected as provided for herein, then the responsible person may enter into a voluntary compliance agreement with the city. If the responsible person and the city cannot reach an agreement on the terms of the voluntary compliance agreement within 15 days of the warning by the city, a notice and order or stop work order should be issued. Nothing herein is to limit the ability of the city and the responsible person from entering into a voluntary compliance agreement at any time prior to the 15 days from the warning by the city.

(6) A warning may be revoked at any time by written notice being provided to the responsible party if the applicable department director determines the violation did not qualify to have a warning or circumstances have changed such that a warning is no longer appropriate.

(7) In all cases where a notice and order or stop work order has been issued, then the responsible person may enter into a voluntary compliance agreement up to the time set forth in LMC 1.33.240.

(8) The responsible party shall be responsible for advising the applicable department director of his/her compliance with any warning, notice and order or terms of any stop work order. The applicable department director shall make any re-inspections as determined necessary by such applicable department director. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.170 Service – Warning notice, notice and order and stop work order.

(1) Service of a warning notice or notice and order shall be made on a person responsible for a code violation by one or more of the following methods:

(a) Personal service of a warning notice or notice and order may be made on the person identified by the city as being responsible for the code violation, or by leaving a copy of the notice and order at the person’s house of usual abode with a person of suitable age and discretion who resides there, or if the violation involves a business, with an employee of the business of a suitable age and discretion;

(b) Service directed to the business owner, landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available;

(c) Service by mail may be made for a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, five-day return receipt requested, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of Cowlitz County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the United States mail; or

(d) Service by mail may be made for a warning notice by mailing a copy, postage prepaid, by first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer’s address as shown on the tax records of Cowlitz County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail.

(2) For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for the Superior Courts of the State of Washington.

(3) Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter.

(4) The failure of the city to make or attempt service on any person named in the warning notice, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.180 Training and rulemaking.

The city shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.190 Obligations of person responsible for code violation.

It shall be the responsibility of any person identified as responsible for a code violation to achieve full code compliance, including bringing property into a safe and reasonable condition. Payment of civil penalties, applications for permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute for performing corrective work and/or performance of actions required for code compliance and/or having property brought into compliance to the extent reasonably possible under the circumstances; the applicable department director shall have the final authority to determine what is “reasonably possible under the circumstances.” (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.200 Determination of compliance.

After issuance of a warning notice, voluntary compliance agreement, notice and order, or stop work order, and after the person responsible for a violation has come into compliance, the city shall issue a written determination of compliance. The city shall mail copies of the determination of compliance to each person originally named in the warning notice, voluntary compliance agreement, notice and order, or stop work order. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.210 Warning notice – Effect.

(1) A warning notice represents a determination that a code violation has occurred and that the noticed party is a person responsible for a code violation and may be subject to penalties.

(2) Issuance of a warning notice in no way limits the city’s authority to issue a notice and order or stop work order to any person responsible for a code violation pursuant to this chapter and/or other applicable code section(s). (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.220 Warning notice – Contents.

The warning notice shall contain the following information:

(1) The address, when available, or location of the code violation, when applicable;

(2) A legal description of the real property or the Cowlitz County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators, when applicable;

(3) A statement that the city has found the named person to have committed a code violation and a brief description of the violation(s) found;

(4) A statement of the specific ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order provision that was or is being violated;

(5) A statement that the warning notice represents a determination that a code violation has occurred and that the noticed party may be subject to civil and/or criminal penalties;

(6) A statement of the amount of the civil penalty that may be assessed if the violations are not corrected as required;

(7) A statement of the corrective or abatement action required to be taken and that any required permits to perform the corrective action must be obtained from the proper issuing agency;

(8) A statement advising that, if any required action is not completed within the time specified by the warning notice, the city may proceed to seek a judicial abatement order, or other applicable order, from Cowlitz County superior court to abate and/or remedy the violation;

(9) A statement advising the person responsible for a code violation of his/her duty to notify the city of any actions taken to achieve compliance with the warning notice;

(10) A statement advising that a failure to correct the violation(s) cited in the warning notice could lead to the denial of subsequent city permit applications on the subject property, when applicable; and

(11) A statement advising that a willful and knowing violation may be referred to the office of the city attorney for prosecution. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.230 Warning notice – Modification or revocation.

(1) The city may add to, revoke in whole or in part, or otherwise modify a warning notice by issuing a written supplemental warning notice. The supplemental warning notice shall be governed by the same procedures and time limits applicable to all warning notices contained in this chapter.

(2) The city may revoke or issue a supplemental warning notice under this chapter:

(a) If the original warning notice was issued in error;

(b) Whenever there is new information or change of circumstances; or

(3) Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served, in conformity with this chapter, on the person responsible for a violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.240 Voluntary compliance agreement – Authority.

(1) Whenever the city determines that a code violation has occurred or is occurring, the city shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the city may enter into a voluntary compliance agreement as provided for in this chapter. The city is under no obligation to enter into a voluntary compliance agreement. It is the responsibility of the person responsible for the violation to correct the violation within the time specified in the warning notice, notice and order and/or stop work order.

(2) A voluntary compliance agreement may be entered into at any time after issuance of a verbal warning, warning notice, a notice and order, or a stop work order and before an appeal is decided. If an administrative appeal has already been filed, then the voluntary compliance agreement shall require the signature of the applicable department director for approval of the terms of the agreement.

(3) Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the violations described in the voluntary compliance agreement existed and constituted a code violation.

(4) The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the applicable department director. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the applicable department director. Any such extension or modification must be in writing and signed by the applicable department director and person who signed the original voluntary compliance agreement.

(5) The voluntary compliance agreement is not a settlement agreement. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.250 Voluntary compliance agreement – Contents.

The voluntary compliance agreement is a written, signed commitment by the person responsible for a code violation in which such person agrees to abate the violation, remediate the site, mitigate the impacts of the violation and/or remedy a code violation to achieve code compliance. The voluntary compliance agreement shall include the following:

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

(2) The address or other identification of the location of the violation, if applicable;

(3) A description of the violation and a reference to the provision(s) of, resolution or regulation which has been violated;

(4) A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed;

(5) The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied;

(6) An acknowledgement that if the city determines that the terms of the voluntary compliance agreement are not met, the city may, without issuing a notice and order or stop work order, impose any remedy authorized by this chapter or other applicable code section(s), enter the real property and perform abatement of the violation by the city (when applicable), assess the costs incurred by the city to pursue code compliance and/or to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation;

(7) An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the city may charge the unpaid amount as a lien against the property where the code violation occurred, when applicable, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation;

(8) An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that the conditions or factors described in the voluntary compliance agreement existed and constituted a code violation; and

(9) An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice and order or stop work order, and that he or she is knowingly and intelligently waiving those rights. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.260 Failure to meet terms of voluntary compliance agreement.

(1) If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the city may take whatever reasonable steps are necessary to gain compliance, including but not limited to entering onto the real property and abating the violation without seeking a judicial abatement order. The person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the city to pursue code compliance, including abating the violation, and may be subject to other remedies authorized by this chapter and/or other applicable code section(s). Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order.

(2) The city may issue a notice and order or stop work order or proceed with any other legal remedy authorized by law, including but not limited to prosecution for a misdemeanor, for failure to meet the terms of a voluntary compliance agreement. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.270 Citations – Authority.

Whenever the city has determined, based upon investigation of documents, statements of witnesses, field observations, data system(s) for tracking violations and/or physical evidence, that a code violation has occurred, the city may issue a citation to any person responsible for the violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.280 Notice and order – Authority.

When the city has reason to believe that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the city is authorized to issue a notice and order to any person responsible for a code violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.290 Notice and order – Effect.

(1) A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order.

(2) The city is authorized to impose civil and/or criminal penalties upon a determination by the city that a violation has occurred pursuant to a notice and order.

(3) Issuance of a notice and order in no way limits the city’s authority to issue a stop work order to a person previously cited through the notice and order process pursuant to this chapter.

(4) Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a code violation who are served with notice of the violation.

(5) Any person identified in the notice and order as responsible for a code violation may appeal the notice and order within 20 days as provided for in this chapter.

(6) Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions or factors described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a code violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.300 Notice and order – Contents.

The notice and order shall contain the following information:

(1) The address, when available, or location of the violation;

(3) A statement that the city has found the named person to have committed a violation and a brief description of the violation(s) found;

(4) A statement that the notice and order represents a determination that a code violation has occurred and that the person responsible may be subject to criminal penalties;

(5) A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision, or stop work order that was or is being violated;

(6) A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within 30 days of service of the notice and order;

(7) A statement advising that any costs of enforcement incurred by the city shall also be assessed against the person to whom the notice and order is directed;

(8) A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter;

(9) A statement of the corrective or abatement action required to be taken and that all required permits to perform corrective action must be obtained from the proper issuing agency;

(10) A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the city may proceed to seek a judicial abatement order from Cowlitz County superior court to abate the violation, when applicable;

(11) A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the city may charge the unpaid amount as a lien against the property where the code violation occurred, when applicable, and as a joint and several personal obligation of all persons responsible for a code violation;

(12) A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order may be recorded, may appeal from the notice and order to the hearing examiner within 20 days of the date of service of the notice and order;

(13) A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Longview permit applications on the subject property, when applicable;

(14) A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions or factors described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation;

(15) A statement advising the person responsible for a code violation of his/her duty to notify the city of any actions taken to achieve compliance with the notice and order; and

(16) A statement advising that a willful and knowing violation may be referred to the office of the city attorney for prosecution. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.310 Notice and order – Recording.

(1) When a notice and order is served on a person responsible for a code violation of a specific piece of real property, the city may record and/or file a copy of the same with the Cowlitz County auditor’s office.

(2) When all violations specified in the notice and order have been corrected or abated to the satisfaction of the city, the city shall file a certificate of compliance with the Cowlitz County auditor’s office within 15 days of receiving evidence of abatement. The certificate shall include a legal description of the property where the violation occurred and shall state whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so, shall continue as liens on the property.

(3) After all liens have been satisfied, the city shall file a notice of satisfaction of lien with the Cowlitz County auditor’s office within 15 days of final payment to the city. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.320 Notice and order – Supplementation, revocation, modification.

(1) The city may add to, revoke, in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this chapter.

(2) The city may issue a supplemental notice and order, or revoke a notice and order issued under this chapter:

(a) If the original notice and order was issued in error;

(b) Whenever there is new information or change of circumstances; or

(3) Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a violation in conformity with this chapter. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.330 Notice and order – Administrative conference.

An informal administrative conference may be conducted by the city at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.340 Notice and order – Remedies – Suspension, revocation, or limitation of permit.

(1) The city may suspend, revoke, or modify any permit issued by the city whenever:

(a) The permit holder has committed a violation in the course of performing activities subject to that permit;

(b) The permit holder has interfered with the authorized representatives of the city in the performance of his or her duties related to that permit;

(d) Permit fees or costs were paid to the city by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled;

(e) For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances on the development proposal site which materially affects an applicant’s ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation, or modification may be appealed to the hearing examiner using the appeal provisions of this chapter;

(2) Notwithstanding any other provision of this chapter, the city may immediately suspend operations under any permit by issuing a stop work order. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.350 Notice and order – Remedies – Denial of permit.

(1) The city may deny a permit when, with regard to the site or project for which the permit is submitted:

(a) Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation, or public rule of the city that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or

(b) Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, resolution, regulation, or public rule.

(2) In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration, accepted as complete by the city, and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.360 Notice and order – Remedies – Abatement.

In addition to, or as an alternative to, any other judicial or administrative remedy, the city may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the city determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the city may seek a judicial abatement order pursuant to this chapter. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.370 Notice and order – Remedy – Civil penalties.

(1) In addition to any other judicial or administrative remedy, the city may assess civil penalties for the violation of any notice and order according to any other applicable code section(s) or the civil penalty schedule established in LMC 1.33.430.

(2) Violation of a notice and order shall be a separate violation from any other code violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.380 Notice and order – Remedy – Criminal penalties.

In addition to any other judicial or administrative remedy, the city may forward to the office of the city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person responsible for any willful violation of a notice and order. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.390 Stop work order – Authority.

The applicable department director is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice and order is not a condition precedent to the issuance of the stop work order. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.400 Stop work order – Effect.

(1) A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease.

(2) A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the applicable department director.

(3) A stop work order may be appealed according to the procedures prescribed in this chapter.

(4) Failure to appeal the stop work order within 20 days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease.

(5) A stop work order may be enforced by the city police. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.410 Stop work order – Remedy – Civil penalties.

(1) In addition to any other judicial or administrative remedy, the city may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in LMC 1.33.430.

(2) Violation of a stop work order shall be a separate violation from any other code violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.420 Stop work order – Remedy – Criminal penalties.

In addition to any other judicial or administrative remedy, the city may forward to the office of the city attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person responsible for any willful violation of a stop work order. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.430 Civil penalties – Assessment schedule.

(1) Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation, pursuant to applicable code section(s) and/or the following schedule:

Notice and orders and stop work orders: basic initial penalty: $500.00.

(2) Additional initial penalties may be added where there is:

(a) Public health risk – amount depends on severity: $0.00 to $2,500.

(b) Environmental damage – amount depends on severity: $0.00 to $2,500.

(d) History of similar violations (less than three): $100.00 to $500.00.

(e) History of similar violations (three or more): $2,500.

(f) Economic benefit to person responsible for violation: $1,000 to $5,000.

(3) The above penalties may be offset by the following compliance:

(a) Full compliance with a voluntary compliance agreement with prior history of zero to one similar violations: $0.00 to $1,500.

(b) Full compliance with a voluntary compliance agreement and a history of two or more prior similar violations: $0.00 to $500.00.

(4) If the violation(s) are not corrected as required by the notice and order or stop work order, or a voluntary compliance agreement is not entered into within that time period, and no administrative appeal is filed, the penalties for the next 15-day period shall be 150 percent of the initial penalties, and the penalties for the next 15-day period shall be 200 percent the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means to achieve timely compliance.

(5) Civil penalties shall be paid within 30 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter.

(6) The city may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, if corrective action identified in the voluntary compliance agreement is not completed as specified, or if the property is allowed to return to a condition similar to that condition which gave rise to the voluntary compliance agreement.

(7) Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation.

(8) In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the city may file record and/or file with the Cowlitz County auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order (excluding any appeal), any civil penalties remain unpaid in whole or in part. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.440 Civil penalties – Duty to comply.

A person responsible for a code violation has a duty to notify the city in writing of any actions taken to achieve compliance with the warning notice, notice and order or stop work order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the warning notice, notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence, as determined by the city, of such compliance. Proof of sufficient evidence may require right of entry by the code official to verify compliance. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.450 Civil penalties – Waivers.

(1) Civil penalties may be waived, reduced or reimbursed to the payer by the city under the following circumstances:

(a) The notice and order or stop work order was issued in error;

(b) The civil penalties were assessed in error;

(d) New, material information warranting waiver has been presented to the city since the notice and order or stop work order was issued;

(e) The property or code violation has been brought into compliance pursuant to the terms of a voluntary compliance agreement; or

(f) The property or code violation has been brought into compliance prior to the time appeal proceedings have been initiated. If an appeal has already been filed, then the voluntary compliance agreement shall require the signature of the applicable department director for approval of the terms of the agreement.

(2) The city shall state in writing the basis for a decision to waive, reduce or reimburse penalties, and such statement shall become part of the public record unless exempt. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.460 Civil penalties – Critical areas.

(1) The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to recognize the principles of Chapter 36.70A RCW (the Growth Management Act), and to further the remedial purposes of this chapter. To achieve this, a person responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action.

(2) The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law for other related violations.

(3) Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other person who may be liable for a violation, and subject to the exceptions provided in this chapter, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed.

(4) Violation of critical area provisions of this code means:

(a) The violation of any provision of Chapter 17.10 LMC, Critical Area Ordinance, or of the administrative rules promulgated thereunder;

(b) The failure to obtain a permit required for work in a critical area; or

(c) The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agreement issued or concluded pursuant to the above-mentioned provisions.

(5) Any person in violation of Chapter 17.10 LMC, Critical Area Ordinance, may be subject to civil penalties, costs, and fees as follows:

(a) According to the civil penalty schedule under LMC 1.33.430; provided, that the exact amount of the penalty per violation shall be determined by the city based on the physical extent and severity of the violation; or

(b) The greater of:

(i) An amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of:

(A) The resulting increase in market value of the property;

(B) The value received by the person responsible for a violation;

(C) The savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of Chapter 17.10 LMC, Critical Area Ordinance; or

(ii) Code compliance costs incurred by the city to enforce Chapter 17.10 LMC, Critical Area Ordinance. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.470 Cost recovery.

(1) In addition to the other remedies available under this chapter and those authorized by law, upon issuance of a notice and order or stop work order the city shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include:

(a) Reasonable Legal Fees and Costs. For purposes of this section, “reasonable legal fees and costs” shall include, but are not limited to, legal personnel costs, both direct and related, incurred to enforce the provisions of this chapter as may be allowed by law;

(b) Administrative Personnel Costs. For purposes of this section, “administrative personnel costs” shall include, but are not limited to, administrative employee costs, both direct and related, incurred to enforce the provisions of this chapter;

(c) Abatement Costs. The city shall keep an itemized account of costs incurred by the city in the abatement of a violation under this chapter. Upon completion of any abatement work, the city shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and

(d) Actual expenses and costs of the city in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees.

(2) Such costs are due and payable 30 days from mailing of the invoice unless otherwise stated in a written agreement with the city. The city reserves the right to collect interest at the statutory set rate on any outstanding balance not paid within 30 days.

(3) All costs assessed by the city in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a violation.

(4) In addition to, or in lieu of, any other state or local provision for the recovery of costs, the city may, after abating a violation pursuant to this chapter, file and/or record with the Cowlitz County auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property, in accordance with any lien provisions authorized by state law.

(5) Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The city may cause a claim for lien to be filed and/or recorded within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law.

(6) In addition to the other remedies available under this chapter and those authorized by law if the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the city may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the city to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chapter. Additionally, the city shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include those specified in subsections (1)(a) through (d) of this section. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.480 Collection of civil penalties, fees, and costs.

In addition to the remedies available under this chapter and those authorized by law, the city may use the services of a collection agency, or any other legal means, in order to collect any civil and/or criminal penalties, fees, costs, and/or interest owing under this chapter. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.490 Abatement.

(1) Emergency Abatement. Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.

(2) Judicial Abatement. The city may seek a judicial abatement order from Cowlitz County superior court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance.

(3) The city shall seek to recover the costs of abatement as authorized by this chapter.

(4) No person shall obstruct, impede or interfere with the city or its agents, or with any person who owns or holds any interest or estate in any property in performing any tasks necessary to correct the violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.500 Code compliance abatement fund – Authorized.

All monies collected from the assessment of civil penalties and for abatement costs and work of the code compliance officers operating under the department of community development shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.510 Administrative appeals – Standing – Filing requirements.

(1) Any person issued or named in a notice and order or stop work order, and any owner of the land where the violation for which a notice and order or stop work order is issued, may file a notice of appeal of the following:

(a) Notice and order;

(b) Stop work order.

(2) Any person filing an appeal under this chapter who was issued a notice and order or stop work order, or is the owner of the land and/or business where the violation occurred, shall do so by obtaining the appeal form from the city and filing the completed appeal form within 20 days of service of the notice and order or stop work order.

(3) Any administrative appeal considered under this chapter will be determined by the hearing examiner pursuant to this chapter and Chapter 1.32 LMC, unless in conflict with specific provisions of this chapter, in which case the specific provisions of this chapter shall control. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.520 Administrative appeal – Notice of hearing.

Upon receipt of a notice of appeal, the city shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice and order or stop work order. The city shall mail this notice by certified mail, five-day return receipt requested, to the person responsible for a violation. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.530 Administrative appeal – Procedures.

(1) The appeal hearing shall be conducted as provided for in the ordinance codified in this chapter and in Chapter 1.32 LMC, as adopted or hereafter amended.

(2) Enforcement of any notice and order of the city issued pursuant to this chapter shall be stayed during the pendency of any administrative appeal except when the city determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.

(3) Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the pendency of any administrative appeal under this chapter.

(4) When multiple notice and orders or stop work orders have been issued simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed.

(5) Except in the case of a repeat violation or a violation which creates a situation or condition which cannot be corrected, the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed required corrective action at least 48 hours prior to the scheduled hearing. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.540 Administrative appeal hearing – Procedure.

The hearing examiner shall conduct a hearing on the civil violation pursuant to the rules of procedure of the hearing examiner. The authorized representative of the city and the person to whom the notice of civil violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred and that the required corrective action, if applicable, is reasonable. The determination of the authorized representative of the city as to the need for the required corrective action shall be accorded substantial weight by the hearing examiner in determining the reasonableness of the required corrective action. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.550 Administrative appeal – Final order.

(1) Decision of the Hearing Examiner.

(a) The hearing examiner shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required correction is reasonable and shall affirm, vacate, or modify the city’s decisions regarding the alleged violation and/or the required corrective action, with or without written conditions;

(b) The hearing examiner shall issue an order, within 20 days of the hearing, to the person responsible for the violation which contains the following information:

(i) The decision regarding the alleged violation including findings of fact and conclusions based thereon in support of the decision;

(ii) The required corrective action, or in the case of a sign violation, notification that the illegal signs shall be destroyed by the city;

(iii) The date and time by which the correction must be completed;

(iv) The monetary penalties assessed based on the criteria in subsection (2) of this section; and

(v) The date and time after which the city may proceed with abatement of the unlawful condition or other action if the required correction is not completed.

(2) Assessment of Monetary Penalty. Monetary penalties assessed by the hearing examiner shall be in accordance with the monetary penalty schedule in LMC 1.33.430 or as otherwise provided in the code. In addition the following shall be considered and/or applied:

(a) Violations Other Than Sign Violations.

(i) The hearing examiner shall have the following options in assessing monetary penalties:

(A) Assess monetary penalties beginning on the date the notice of civil violation was issued and thereafter;

(B) Assess monetary penalties beginning on the correction date set by the authorized representative of the city or an alternate correction date set by the hearing examiner and thereafter; or

(C) Assess no monetary penalties; however, in no case shall the examiner have the authority to remit or mitigate a civil penalty below the minimum penalty set by resolution or ordinance.

(ii) In determining the monetary penalty assessment, the hearing examiner shall consider the following factors:

(A) Whether the person responded to staff attempts to contact the person and cooperated with efforts to correct the violation;

(B) Whether the person failed to appear at the hearing;

(D) Whether the person showed due diligence and/or substantial progress in correcting the violation;

(E) Whether a genuine code interpretation issue exists; and

(F) Any other relevant factors.

(b) Sign Violation. The hearing examiner shall assess a monetary penalty for each sign cited within a single 24-hour period extending from 12:01 a.m. to 12:00 midnight on a single day.

(i) Non-Sign Violations. Except in the case of sign violations, the hearing examiner may double the monetary penalty if the violation was a repeat violation. In determining the amount of the monetary penalty for repeat violations, the hearing examiner shall consider the factors set forth in subsection (2)(a)(ii) of this section.

(ii) Sign Violations. The hearing examiner shall double the per sign monetary penalty assessed for each repeat violation.

(iii) Notice of Decision. The hearing examiner shall mail a copy of the decision to the appellant and to the applicable department director within 20 working days of the hearing.

(iv) Failure to Appear. If the person to whom the notice of civil violation was issued fails to appear at the scheduled hearing, the hearing examiner will enter an order finding that the violation occurred and assessing the appropriate monetary penalty. The city will carry out the hearing examiner’s order and recover all related expenses, plus the cost of the hearing and any monetary penalty from that person.

(3) The hearing examiner’s final order shall be final and conclusive unless a request for reconsideration is made in accordance with subsection (4) of this section or proceedings for review of the decision are properly commenced in Cowlitz County superior court within the time period specified in subsection (5) of this section.

(4) Any aggrieved person upon good cause that the decision of the hearing examiner is based on erroneous procedure, error of law or fact, error in judgment, or the discovery of new evidence which could not have been reasonably available at the hearing, may make a written request for reconsideration by the hearing examiner within 10 days of the date the written decision of the hearing examiner was mailed to the person to whom the notice of civil violation was directed. The request must set forth in writing the specific errors or new information relied upon by such person. The hearing examiner, within 10 days of the written request for reconsideration being filed with the city, after review of the record and materials, will issue a written decision of whether there will be any changes to the original decision. The time to file an appeal to the Cowlitz County superior court shall be stayed from the date the reconsideration is filed with the city to the date the decision on the reconsideration is mailed to the person requesting the reconsideration.

(5) An appeal of the decision of the hearing examiner must be filed with Cowlitz County superior court 30 calendar days from the date the hearing examiner’s decision was mailed to the person to whom the notice of civil violation was directed, or is thereafter barred. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.560 Judicial enforcement – Petition for enforcement.

(1) In addition to any other judicial or administrative remedy, the office of the city attorney, on behalf of the city, may seek enforcement of the city’s order by filing a petition for enforcement in Cowlitz County superior court.

(2) The petition must name as respondent each person against whom the city seeks to obtain civil enforcement.

(3) A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.570 Chapter not exclusive.

The provisions of this chapter are in addition to any other provisions of this code and may be enforced separately from such other provisions or in combination therewith. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).

1.33.580 Severability.

If any one or more sections, subsections or sentences of this chapter are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this chapter and the same shall remain in full force and effect. (Ord. 3081 § 1, 2009; Ord. 3046 § 1, 2008).