Chapter 23.60 NOTICE AND ORDERS

Chapter 23.60
NOTICE AND ORDERS

Sections:

23.60.030 Supplementation, revocation or modification.

23.60.010 Authority.

Whenever the director has reason to determine that a civil code violation occurred or is occurring, or that the civil code violations cited in an infraction have not been corrected, or that the terms of a VCA have not been met, or the person responsible has decided not to enter into a VCA, the director is authorized to issue a notice and order to any person responsible for the code violation. Subsequent violations shall be treated as new violations for purposes of this section. (Ord. O2011-302 §2 (Att. A))

23.60.020 Contents.

A notice and order shall be completed in a form approved by the director and the City attorney, and shall be served consistent with Chapter 23.90 SMC and shall, at minimum, include the following:

(1) The tax parcel number(s), address, when available, or description sufficient for identification of the building, structure, premises or land upon which or within which the violation has occurred or is occurring;

(2) A statement of each ordinance, regulation, code provision or permit requirement violated;

(3) The name of the City official issuing the notice and order;

(4) The required corrective action that is necessary to achieve compliance and a date by which the correction must be completed;

(5) An explanation of the appeal process and the specific information required to file an appeal;

(6) A statement that if the violation is not corrected and the notice and order is not appealed, the determination is final and a monetary penalty shall be assessed according to this title; and

(7) A statement advising that, if any of the work is not commenced or completed within the time specified for compliance, the City may proceed to abate the violation, cause work to be done, and assess the costs and expenses of abatement incurred by the City against the person responsible, and that the City may take any other legal action. (Ord. O2011-302 §2 (Att. A))

23.60.030 Supplementation, revocation or modification.

(1) Whenever there is new information or a change in circumstances, a director may add to, rescind in whole or 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 notice and orders contained in this title.

(2) The 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 reason and underlying facts for revocation and may be recorded with the King County recorder’s office, or its successor agency, if the underlying notice and order was recorded. (Ord. O2011-302 §2 (Att. A))

23.60.040 Recording.

(1) Whenever a notice and order is served on a person responsible for the code violation, the City may record a copy of the notice and order with the King County recorder’s office, or its successor agency.

(2) When all violations specified in the notice and order have been corrected or abated, the director shall record a release of notice and order with the King County recorder’s office, or its successor agency, if the underlying notice and order was recorded. The release shall include a legal description of the property where the violation occurred and shall state, if applicable, that any unpaid civil penalties for which liens have been recorded are still outstanding and continue as liens on the property. (Ord. O2011-302 §2 (Att. A))

23.60.050 Time limits.

(1) Persons receiving a notice and order shall rectify the code violations identified within the time period specified by the director in the notice and order issued pursuant to this title.

(2) Unless an appeal is filed with the director for a hearing before the hearing examiner in accordance with this title and SMC 21.09.020, the notice and order shall become the final administrative order of the director, and the civil penalties assessed shall be immediately due and subject to collection. (Ord. O2011-302 §2 (Att. A))