Chapter 18.20
NOTICES AND ORDERS TO CORRECT AND/OR ABATE
Sections:
18.20.030 Issuance—Supplemental.
18.20.050 Administrative conference.
18.20.070 Final order—Designated.
18.20.080 Final order—Enforcement.
18.20.010 Initiation.
A. Whenever a director has reason to believe that a use or condition exists in violation of any land use ordinance, or rules and regulations adopted thereunder, except for those violations identified in Chapter 18.25 as civil infractions, he/she is authorized to initiate enforcement action under Section 18.10.060 or 18.10.080, and/or, at his/her option, he/she may commence an administrative notice and order proceeding under this chapter to cause the assessment of a civil penalty pursuant to Section 18.20.015, abatement pursuant to Section 18.10.050, or suspension and revocation of any permits issued pursuant to Chapter 18.30.
B. Pending commencement and completion of the notice and order procedure provided for in this chapter, a director may cause an order to cease violation to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use ordinance. The effect of such an order shall be to require the immediate cessation of such work or activity until authorized by a director to proceed. (Ord. 1057 § 3, 2002; Ord. 908 § 16 (part), 1997)
18.20.015 Civil penalty.
Code violations subject to the procedures of this chapter may accrue penalties of up to one thousand dollars per day per violation. Each day shall be considered a separate violation. (Ord. 1083 § 25, 2003)
18.20.020 Issuance—Contents.
A. Whenever a director has reason to believe that violation of a land use ordinance or any rules and regulations adopted thereunder will be most promptly and equitably terminated by an administrative notice and order proceeding, he shall issue a written notice and order directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates or the person otherwise causing or responsible for the violation. Such notice and order may be issued by any director alone or, where violations of more than one city ordinance, rule or regulation exist, in conjunction with a notice and order issued by another director.
B. The notice and order shall contain:
1. The street address, when available, and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;
2. A statement that a director has found the person to be in violation of a land use ordinance with a brief and concise description of the conditions found to be in violation;
3. A statement of the corrective action required to be taken. If a director has determined that corrective work is required, the order shall require that all required permits be secured, that work physically be commenced and that the work be completed within such times as a director determines are reasonable under the circumstances;
4. A statement specifying the amount of any civil penalty assessed on account of the violation and, if applicable, the conditions on which assessment of such civil penalty is contingent;
5. Statements advising that:
a. If any required work is not commenced or completed within the times specified, a director will proceed to cause abatement of 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 separate personal obligation of any person in violation, and
b. If any assessed civil penalty is not paid, a director will charge the amount of the penalty as a lien against the property and as a joint and separate personal obligation of any person in violation;
6. A statement advising that the order shall become final, unless, no later than twenty-one days after the notice and order are served, any person aggrieved by the order requests in writing an appeal. (Ord. 1088 § 20 (part), 2003: Ord. 908 § 16 (part), 1997)
18.20.030 Issuance—Supplemental.
At any time other than during the pendency of an appeal, a director may add to, rescind in 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 notices and orders contained in this title. (Ord. 908 § 16 (part), 1997)
18.20.040 Service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested. If the address of any such person cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the date of postmark. The notice and order may be, but is not required to be, posted on the subject property. (Ord. 908 § 16 (part), 1997)
18.20.050 Administrative conference.
At any time other than during the pendency of an appeal, an informal administrative conference may be conducted by a director for the purposes of bringing communications between concerned parties and providing a forum for efficient resolution of any violation. A director may call a conference in response to a request from any person aggrieved by the director’s order. The director may, but is not required to, involve representatives from other city departments. As a result of information developed at the conference, the director may affirm, modify or revoke his/her order. The administrative conference is optional with a director, and is not a prerequisite to utilization of any of the enforcement provisions described in this title. (Ord. 908 § 16 (part), 1997)
18.20.060 Appeals.
A. Any person aggrieved by the order of a director may, upon payment of a filing fee in accordance with the city’s fee schedule, request in writing within twenty-one days of the service of the notice and order an appeal hearing. The request shall cite the notice and order appealed from and contain a brief statement of the reasons for seeking the appeal hearing.
B. A record shall be made at the appeal hearing and the appropriate permit authority, as provided in Chapter 17.13, Project Permit Review Procedures, shall have such rule-making and other powers necessary for conduct of the hearing. Such appeals hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least ten days prior to the date of the hearing to each appealing party, to the director whose order is being appealed and to other interested persons who have requested in writing that they be so notified. The director whose order is being appealed may submit a report and other evidence indicating the basis for the enforcement order.
C. Each party shall have the following rights, among others:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To impeach any witness regardless of which party first called him to testify;
4. To rebut evidence against him;
5. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
D. Following review of the evidence submitted, the permit authority shall make written findings and conclusions, and shall affirm or modify the order previously issued if they find that a violation has occurred. They shall reverse the order if they find that no violation occurred. The written decision shall be mailed by certified mail, postage prepaid, return receipt requested to all the parties.
E. Whenever possible, the appeal from a director’s order shall be combined with any other appeal from city enforcement actions relating to the same subject matter and falling within the jurisdiction of the permit authority. (Ord. 1088 § 20 (part), 2003: Ord. 908 § 16 (part), 1997)
18.20.070 Final order—Designated.
A. Any order duly issued by a director pursuant to the procedures contained in this title shall become final twenty-one days after service of the notice and order unless a written request for hearing is received and filed with the planning department within the twenty-one-day period.
B. An order which is subject to the appeal procedure of Section 18.20.060 shall be final and conclusive upon the date of the board of adjustment’s decision. The board’s decision shall be reviewable for unlawful or arbitrary and capricious action or non-action by writ of review before the superior court of Snohomish County. An action for writ of review may be brought by any person aggrieved by the board’s decision by making application to the court for such writ within twenty-one days of the date of the board’s decision. The cost of transcription of all records ordered certified by the court for such review shall be borne by the applicant for the writ of review. (Ord. 908 § 16 (part), 1997)
18.20.080 Final order—Enforcement.
A. If, after any order duly issued by a director has become final, the person to whom such order is directed fails, neglects or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, a director may:
1. Cause such person to be prosecuted under the provisions of this title; and/or
2. Institute any appropriate action to collect a civil penalty assessed under this title; and/or
3. Abate the land use violation using the procedures of this title; and/or
4. File in the Snohomish County auditor’s office, a certificate describing the property and the violation and stating that the owner has been so notified; and/or
5. Pursue any other appropriate remedy at law or equity under this title.
B. Enforcement of any notice and order of a director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when a director determines that the violation will cause immediate and irreparable harm and issues an order to cease violation pursuant to Section 18.20.010(B). (Ord. 908 § 16 (part), 1997)