Chapter 18.40
RECOVERY OF CIVIL PENALTY AND COST OF ABATEMENT
Sections:
18.40.020 Personal obligation –Authorized.
18.40.030 Lien –Notice and service.
18.40.050 Lien –Claims –Generally.
18.40.060 Lien –Claims –Recording.
18.40.070 Lien –Duration –Limitation of action.
18.40.010 Lien –Authorized.
The city shall have a lien for any civil penalty imposed or for the cost of any abatement work done pursuant to this title, or both, against the real property on which the civil penalty was imposed or any of the abatement work was performed. (Ord. 908 § 16 (part), 1997)
18.40.020 Personal obligation –Authorized.
The civil penalty and the cost of abatement are also joint and separate personal obligations of any person in violation. The prosecuting attorney on behalf of the city may collect the civil penalty and the abatement work costs by use of all appropriate legal remedies. (Ord. 908 § 16 (part), 1997)
18.40.030 Lien –Notice and service.
The notice and order of a director pursuant to this title shall give notice to the owner that a lien for the civil penalty or the cost of abatement, or both, may be claimed by the city. 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)
18.40.040 Lien –Priority.
The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity.
18.40.050 Lien –Claims –Generally.
A. Filing. A director shall cause a claim for lien to be filed for record in the Snohomish County auditor’s office within ninety days from the date the civil penalty is due or within ninety days from the date of completion of the abatement work performed pursuant to this title.
B. Contents. The claim of lien shall contain the following:
1. The authority for imposing a civil penalty or proceeding to abate the violation, or both;
2. A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;
3. A legal description of the property to be charged with the lien;
4. The name of the known or reputed owner, and, if not known, the fact shall be alleged; and
5. The amount, including lawful and reasonable costs, for which the lien is claimed.
C. Verification. A director or his authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just.
D. Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment. (Ord. 908 § 16 (part), 1997)
18.40.060 Lien –Claims –Recording.
The Snohomish County auditor shall record and index the claims and notices described in this chapter. (Ord. 908 § 16 (part), 1997)
18.40.070 Lien –Duration –Limitation of action.
No lien created by this title binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. (Ord. 908 § 16 (part), 1997)
18.40.080 Lien—Foreclosure.
A. Foreclosure. The lien provided by this title may be foreclosed and enforced by a civil action in a court having jurisdiction.
B. Joinder. All persons who have legally filed claims or liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.
C. Actions Saved. Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Ord. 908 § 16 (part), 1997)