Chapter 19.20
VOLUNTARY COMPLIANCE AGREEMENTS

Sections:

19.20.010    Voluntary compliance agreement.

19.20.020    Failure to meet terms of voluntary compliance agreement.

19.20.010 Voluntary compliance agreement.

A. Whenever the director determines that a civil code violation has occurred or is occurring, the director may 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 section.

B. Issuance of Voluntary Compliance Agreement. A voluntary compliance agreement may be entered into between the person responsible for the code violation and the city.

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

1. The name, address and signature of the person responsible for the code violation; and

2. The address or other identification of the location of the violation; and

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

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

5. An agreement by the person responsible for the code violation that the city may inspect the premises as may be necessary to determine compliance with the voluntary compliance agreement: and

6. The amount of the civil penalty that will be imposed pursuant to Chapter 19.35 MVMC if the voluntary compliance agreement is not satisfied; and

7. An acknowledgement that by entering into the voluntary compliance agreement the person responsible for the code violation waives the right to appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and

8. An acknowledgement that the voluntary compliance agreement may be recorded against the property with the Skagit County auditor’s office; and

9. An acknowledgement that if the director determines that the terms of the voluntary compliance agreement are not met, the city may, without issuing a notice of infraction, or stop work order, impose any civil remedy authorized by this title, which includes the assessment of the civil penalties identified in the voluntary compliance agreement, abatement of the violation, assessment of the costs incurred by the city to pursue code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit; and

10. An acknowledgment that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the director may charge the unpaid amount as a lien against the property where the civil code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the code violation; and

11. An acknowledgment that the person responsible for the code violation understands that he or she has the right to be served with a notice of infraction, or stop work order for any violation identified in the voluntary compliance agreement, has the right to appeal any such notice of infraction or stop work order, and that he or she is knowingly, voluntarily and intelligently waiving those rights; and

12. That should the city be required to enforce the agreement, the person responsible shall be liable for all costs incurred including reasonable attorney fees should a court of competent jurisdiction determine the city is the prevailing party.

D. Upon entering into a voluntary compliance agreement, a person responsible for the code violation waives the right to appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation; and agrees that if the director determines the terms of the voluntary compliance agreement are not met, he or she is liable for the civil penalty available under Chapter 19.35 MVMC and identified in the voluntary compliance agreement, shall bear the costs incurred by the city to pursue code compliance and to abate the violation, including legal and incidental expenses as provided for in Chapter 19.40 MVMC, and is subject to all other remedies provided for in this title.

E. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance as determined by the director. An extension of the time limit for compliance or a modification of the required corrective action may be granted by the director at the director’s sole discretion if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable.

F. The voluntary compliance agreement is not a settlement agreement. (Ord. 3440 § 1, 2008).

19.20.020 Failure to meet terms of voluntary compliance agreement.

If the terms of the voluntary compliance agreement are not completely met, the director may:

A. Abate the violation in accordance with the provisions of this title, and the person responsible for the code violation may, without being issued a notice of infraction or stop work order, be assessed a civil fine or penalty commencing on the day after the deadline for compliance, in accordance with the penalty provisions of this title, plus all costs incurred by the city to pursue code compliance and to abate the violation, including legal and incidental expenses as provided for in this title, and may be subject to other remedies authorized by this title. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of infraction or stop work order was required to have been filed or from the date the voluntary compliance agreement was entered into if there was no preceding stop work order or notice of infraction; or

B. Issue a notice of infraction, or stop work order for failure to meet the terms of the voluntary compliance agreement; or

C. Refer the matter to the city attorney’s office to initiate legal proceedings to enforce the terms and conditions set forth in the voluntary compliance agreement. (Ord. 3440 § 1, 2008).