Chapter 23.50
VOLUNTARY COMPLIANCE AGREEMENTS

Sections:

23.50.010    Timing.

23.50.020    Contents.

23.50.030    Waiver of appeal.

23.50.040    Amendment.

23.50.010 Timing.

A voluntary compliance agreement (VCA) is a preferred mechanism to resolve most code compliance cases, and may be entered into at any time before an administrative appeal is decided. (Ord. O2011-302 §2 (Att. A))

23.50.020 Contents.

A VCA is a written contract between the person responsible for the violation and the City, where such person agrees to abate the violation within a specified time and according to specified conditions. The VCA shall be completed on a form approved by the director and the City attorney and shall, at minimum, include the following:

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

(2) The street address or other description sufficient for identification of the building, structure, premises, or land upon which the violation has occurred or is occurring;

(3) A description of the violation(s) and a reference to the code(s) which has been violated;

(4) The necessary corrective action to be taken, and the date by which the correction must be completed;

(5) An agreement by the person responsible that the City may inspect the premises as may be necessary to determine compliance with the VCA;

(6) The amount of the civil penalty that will be imposed pursuant to this title if the person responsible does not meet his or her obligations under the VCA;

(7) A statement that the person responsible waives the right to an administrative or judicial hearing for appeal purposes; and

(8) An agreement by the person responsible that if the City determines that such person does not meet his or her obligations specified in the VCA, the City may impose any remedy authorized by this title, including, but not limited to:

(a) Assessment of civil penalties as established by resolution or otherwise identified in the VCA;

(b) Abatement of the violation;

(c) Assessment of all costs and expenses incurred by the City to pursue code enforcement and to abate the violation, including legal and incidental expenses; and

(d) Suspension, revocation, or limitation of a permit. (Ord. O2011-302 §2 (Att. A))

23.50.030 Waiver of appeal.

In consideration of the City’s agreement to enter into a VCA, the person responsible shall completely surrender and have no right to an administrative or judicial hearing, under this title or otherwise, regarding the matter of the violation and/or the required corrective action. The VCA is a final, binding agreement, it is not a settlement agreement, and its contents are not subject to appeal. (Ord. O2011-302 §2 (Att. A))

23.50.040 Amendment.

The director may grant an extension of the time limit for compliance, or a modification of the required corrective action may be granted, if the person responsible has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances or circumstances beyond the control of the person responsible, render full and timely compliance under the original conditions unattainable. Such request shall be made in writing by the person responsible and clearly establish the need for such an extension. (Ord. O2011-302 §2 (Att. A))