Chapter 16.04
VOLUNTARY CORRECTION
Sections:
16.04.030 Issuance of voluntary correction agreement.
16.04.040 Content of voluntary correction agreement.
16.04.050 Administrative review of compliance.
16.04.060 Right to a hearing waived.
16.04.070 Extension – Modification.
16.04.080 Abatement by the city.
16.04.090 Collection of costs.
16.04.100 Reduction of liquidated damages.
16.04.010 Applicability.
This chapter shall apply whenever the administrator determines that a code violation has occurred or is occurring. (Ord. 2014-02 § 1)
16.04.020 General.
The administrator shall pursue a reasonable attempt to secure voluntary correction of violations subject to WCC 16.06.010(2). Attempts to secure voluntary compliance may include but are not limited to personal correspondence, correction notices, and providing educational materials such as door hangers, mailers, and brochures. (Ord. 2014-02 § 1)
16.04.030 Issuance of voluntary correction agreement.
A voluntary correction agreement may be entered into between the person responsible for the violation and the city, at the discretion of the city, acting through the administrator. When a voluntary correction agreement is entered into, a violation is deemed committed for purposes of Chapter 16.10 WCC. (Ord. 2016-25 § 2; Ord. 2014-02 § 1)
16.04.040 Content of voluntary correction agreement.
A voluntary correction agreement is a contract between the city and a person responsible for the violation under which such person agrees to abate the violation within a specified period of time and according to specified conditions. A voluntary correction agreement shall include the following:
(1) The name and address of the person responsible for the violation; and
(2) The street address or a description sufficient for identification of the building, structure, premises, or land upon which or within which the violation has occurred or is occurring; and
(3) A description of the violation and a reference to the Wenatchee City Code or ordinance section(s) that has been violated; and
(4) The necessary corrective action to be taken, and a date and time by which the corrective action must be completed; and
(5) That the person responsible for abating the violation shall notify the administrator in writing the next business day after completing the corrective action to schedule a compliance inspection; and
(6) An agreement by the person responsible for the violation that if all terms of the voluntary correction agreement are not met that the city may abate the violation and recover its costs and expenses in accordance with Chapter 16.14 WCC and that such person will be liable to the city for liquidated damages of $150.00 per day, which is not a penalty but a reasonable forecast of the city’s costs related to initiating and monitoring the voluntary correction agreement and abatement and the impact to the public, commencing the day following the date set for the completion of the corrective action; and
(7) An agreement that by entering into a voluntary correction agreement the person responsible for the violation waives the right to appeal to the code enforcement board the violation and/or the required corrective action, and that a violation is deemed committed for purposes of Chapter 16.10 WCC. (Ord. 2016-25 § 2; Ord. 2014-02 § 1)
16.04.050 Administrative review of compliance.
(1) After the person responsible for abating the violation has given notice to the administrator of completion of the corrective action required under the voluntary correction agreement, the administrator shall, within three business days, determine if the corrective action is complete.
(2) If the administrator determines that the corrective action is complete, the administrator shall provide the person responsible for abating the violation written notice of his or her decision.
(3) If the administrator determines that the corrective action is not complete, the administrator shall provide the person responsible for abating the violation written notice of his or her decision. The person responsible for abating the violation shall have 14 business days after receipt of the notice within which to file an appeal with the city clerk. Any appeal under this section shall be heard by the hearing examiner of the city in accordance with WCC 13.11.030 for review of such determination, which review shall be completed within 45 days of the date of receipt of the notice of appeal. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010. The only issue subject to review shall be whether the appellant has proven by a preponderance of the evidence that the appellant has strictly complied with the terms of the voluntary correction agreement.
(4) Any service of any notice required under this section shall be done in writing by personal service or by certified mail, return receipt requested. If service is done by mail, service shall be deemed complete upon the third business day after deposit into the mail. (Ord. 2014-02 § 1)
16.04.060 Right to a hearing waived.
A person responsible for a violation waives the right to appeal to the code enforcement board the violation and the required corrective action upon entering into a voluntary correction agreement. (Ord. 2014-02 § 1)
16.04.070 Extension – Modification.
An extension of the time limit for correction or modification of the required corrective action may be granted by the administrator if the person responsible for a violation requests an extension of time or modification of the required corrective action in writing no less than three business days prior to the date set in the voluntary correction agreement for completion of the corrective action and substantial progress in correcting the violation has occurred, but unforeseen circumstances render correction under the original conditions unattainable. (Ord. 2014-02 § 1)
16.04.080 Abatement by the city.
The city may abate a violation in accordance with Chapter 16.14 WCC if the terms of a voluntary correction agreement are not met. (Ord. 2014-02 § 1)
16.04.090 Collection of costs.
If the terms of a voluntary correction agreement are not met, the person responsible for the violation shall be assessed liquidated damages of $150.00 per day, which is not a penalty but a reasonable forecast of the city’s costs related to initiating and monitoring the voluntary correction agreement and the abatement as well as impacts to the public, commencing the day following the date set for the completion of the corrective action, plus all costs and expenses of abatement, in accordance with WCC 16.14.050. (Ord. 2014-02 § 1)
16.04.100 Reduction of liquidated damages.
The administrator is authorized to reduce liquidated damages as follows:
(1) Up to 75 percent if a good faith effort was made to reconcile the violation;
(2) Up to 90 percent of the final billing for first-time violators upon abatement of the violation and up to 100 percent of the final billing for first-time violators upon abatement of the violation and if the ability to abate was impacted by factors beyond the reasonable control of the violator;
(3) Up to 100 percent of the final billing for first-time violators upon abatement of the violation, if the person responsible for the violation is the current owner/occupant or purchaser/occupant of a household on the property under a valid land sales contract and the gross family income is no more than 80 percent of the Chelan County median income based on the latest information provided by the Washington State Office of Financial Management. Income information shall be verified through the household’s latest tax return.
The administrator’s decision to reduce or not reduce the liquidated damages shall not be appealable. (Ord. 2014-02 § 1)