Chapter 4.50
NOTICE AND ORDER
Sections:
4.50.050 Supplementation, revocation, modification.
4.50.060 Administrative conference.
4.50.070 Remedies – Civil penalties – Authority and general provisions.
4.50.080 Remedies – Cost recovery.
4.50.090 Remedies – Suspension, revocation or limitation of permit – Suspension of review.
4.50.100 Remedies – Denial of permit.
4.50.110 Remedies – Abatement – Authorized.
4.50.120 Remedies – Abatement cost recovery.
4.50.130 Code compliance and abatement fund – Authorized.
4.50.010 Authority.
Whenever a Director has reason to believe, based on investigation of documents and/or physical evidence, that a civil code violation exists or has occurred, or that the civil code violations cited in a citation have not been corrected, or that the terms of a voluntary compliance agreement have not been met, the Director is authorized to issue a notice and order to any person responsible for code compliance. The Director shall make a determination whether or not to issue a notice and order within 120 days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within 30 days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for purposes of this section. Issuance of a citation is not a condition precedent to the issuance of a notice and order. (Ord. O-13-534 § 6).
4.50.020 Effect.
A. Subject to the appeal provisions of Chapter 4.80 MVMC, a notice and order represents a determination that a civil code violation has been committed, that the person cited is a person responsible for code compliance, and that the violations set out in the notice and order require the assessment of penalties and costs and other remedies including cleanup restitution payment, if applicable, specified in the notice and order.
B. Failure to correct the civil code violation in the manner prescribed by the notice and order subjects the person to whom the notice and order is directed to the use of any of the compliance remedies provided by this title, including:
1. Additional civil penalties and costs;
2. A requirement that abatement, remediation or mitigation be performed;
3. Permit suspension, revocation, modification or denial as prescribed by this chapter; or
4. Abatement by a Director and recovery of the costs of abatement according to the procedures described in this chapter.
C. Any person identified in the notice and order as responsible for code compliance may appeal the notice and order within 14 days according to the procedures in Chapter 4.80 MVMC.
D. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a civil code violation, and that the named party is liable as a person responsible for code compliance.
E. Issuance of a notice and order in no way limits a Director’s authority to issue a citation or stop work order to a person previously cited through the notice and order process pursuant to this title. Payment of the civil penalties assessed under the notice and order does not relieve a person found to be responsible for code compliance of his or her duty to correct the violation and/or to pay any and all civil fines or penalties accruing under citations or stop work orders issued pursuant to this title. (Ord. O-13-534 § 6).
4.50.030 Contents.
The notice and order shall contain the following information:
A. The address, when available, or location of the civil code violation;
B. A legal description of the real property or the King County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators;
C. A statement that the Director has found the named person to have committed a civil code violation and a brief description of the violation or violations found;
D. A statement of the specific provisions of the ordinance, City code provision, permit condition, notice and order provision or stop work order that was or is being violated;
E. The dollar amount of the civil penalty per separate violation;
F. A statement advising that any costs of enforcement that exceed the amount of the penalty may also be assessed against the person to whom the notice and order is directed;
G. A statement advising that the notice and order will be recorded against the property in the Records and Licensing Services Division subsequent to service;
H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;
I. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, a Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for code compliance;
J. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, a Director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by a person responsible for code compliance and as a joint and several personal obligation of all persons responsible for code compliance;
K. 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 is recorded may appeal from the notice and order to the Hearing Examiner within 14 days of the date of service of the notice and order;
L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City permit applications on the subject property;
M. 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 described in the notice and order existed and constituted a civil code violation, and that the named party is liable as a person responsible for code compliance; and
N. A statement advising the person responsible for code compliance of his or her duty to notify the Director of any actions taken to achieve compliance with the notice and order. (Ord. O-13-534 § 6).
4.50.040 Recording.
A. Whenever a notice and order is served on a person responsible for code compliance, the Director shall record a copy of the notice and order with the King County Records and Licensing Services Division, or its successor agency.
B. When all violations specified in the notice and order have been corrected or abated, the Director shall record a certificate of compliance with the Records and Licensing Services Division, or its successor agency. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property. (Ord. O-13-534 § 6).
4.50.050 Supplementation, revocation, modification.
A. Whenever there is new information or a change in circumstances, a Director may add to, rescind in whole or part or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this title.
B. A Director may revoke or modify a notice and order issued under this title if the original notice and order was issued in error or if a party to an order was incorrectly named. The revocation or modification shall identify the reasons and underlying facts for revocation and shall be recorded with the Records and Licensing Services Division, or its successor agency. (Ord. O-13-534 § 6).
4.50.060 Administrative conference.
An informal administrative conference may be conducted by a Director 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. O-13-534 § 6).
4.50.070 Remedies – Civil penalties – Authority and general provisions.
A. Failure to correct a civil code violation in the manner and within the time frame specified by the notice and order subjects the person responsible for code compliance to civil penalties calculated with reference to the schedule contained in Chapter 4.70 MVMC.
B. Civil penalties assessed create a joint and several personal obligation in all persons responsible for code compliance. The City Attorney may collect the civil penalties assessed by any appropriate legal means.
C. Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the person responsible for code compliance.
D. The payment of penalties does not relieve a person responsible for code compliance of any obligation to cure, abate or stop a violation. (Ord. O-13-534 § 6).
4.50.080 Remedies – Cost recovery.
A. In addition to the other remedies available under this title, a Director may charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for code compliance, including legal and incidental expenses to the extent these costs exceed the amount of the penalty paid. Such costs are due and payable 30 days from mailing of the invoice.
B. For purposes of this section, “legal and incidental expenses” shall include but are not limited to:
1. Personnel costs, both direct and indirect, including attorney’s fees and costs incurred to document the violation as soon as the violation occurs;
2. Hauling, storage and disposal expenses;
3. Actual expenses and costs of the City in preparing notices, specifications and contracts and in accomplishing or contracting and inspecting the work and the costs of any required printing or mailing; and
4. Interest on the costs of abatement incurred by the City.
C. 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 code compliance. The City Attorney may collect the costs of code compliance efforts by any appropriate legal means.
D. The City may take a lien for the value of the costs of pursuing code compliance against the real property of the person responsible for code compliance. (Ord. O-13-534 § 6).
4.50.090 Remedies – Suspension, revocation or limitation of permit – Suspension of review.
A. A Director may suspend, revoke or limit any permit issued by the City whenever:
1. The permit holder has committed a code violation in the course of performing activities subject to that permit;
2. The permit holder has interfered with a Director in the performance of his or her duties relating to that permit;
3. The permit was issued in error or on the basis of materially incorrect information supplied to the City;
4. Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled;
5. For a permit or approval that is subject to critical areas 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 critical areas study that was the basis for establishing permit or approval conditions; or
6. For a permit or approval for which fees that have been billed are 60 days or more past due.
B. A suspension, revocation or modification authorized by subsection (A) of this section 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. The revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this title.
C. Notwithstanding any other provision of this title, a Director may immediately suspend operations under any permit by issuing a stop work order pursuant to Chapter 4.60 MVMC. (Ord. O-13-534 § 6).
4.50.100 Remedies – Denial of permit.
A. The City may deny a development proposal permit, when, with regard to the site or project for which the permit application is submitted:
1. Any person has been found in violation and remains in violation of any ordinance, City code provision or permit that regulates or protects the public health or the use and development of land or water, whether or not such ordinance or City code provision is codified;
2. Any person 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 or City code provision; or
3. Any combination of the above.
B. In order to further the remedial purposes of this title, such denial may continue until the violation is cured by restoration and 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. O-13-534 § 6).
4.50.110 Remedies – Abatement – Authorized.
In addition to or as an alternative to any other judicial or administrative remedy, a Director may use the notice and order provisions of this title to order any person responsible for code compliance to abate the violation and to complete the work at such time and under such conditions as a Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, a Director may proceed to abate the violation. (Ord. O-13-534 § 6).
4.50.120 Remedies – Abatement cost recovery.
A. Abatement costs may be recovered pursuant to this chapter.
B. The Director shall keep an itemized account of costs incurred by the City in the abatement of any violation under this title. Upon completion of any abatement work, the Director shall prepare a case 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, including legal and incidental expenses, and interest accrued. (Ord. O-13-534 § 6).
4.50.130 Code compliance and abatement fund – Authorized.
All moneys collected from the assessment of civil penalties, from cleanup restitution payments to the City, from the recovery of the costs of pursuing code compliance and abatement, and from the recovery of abatement costs, both retroactively and prospectively, shall be allocated to support expenditures for abatement and code enforcement administrative costs, including, but not limited to, personnel costs, and shall be accounted for through either creation of a fund or other appropriate accounting mechanism to be administered by the Finance Director. (Ord. O-13-534 § 6).