Chapter 16.06
CODE VIOLATIONS
Sections:
16.06.010 Issuance of notice of code violation.
16.06.020 Content of notice of code violation.
16.06.030 Service of notice of code violation.
16.06.050 Administrative review of compliance with notice of code violation.
16.06.060 Emergencies and dangerous properties.
16.06.010 Issuance of notice of code violation.
(1) When the administrator determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to Chapter 16.04 WCC, the administrator may issue a notice of code violation to any and all person(s) responsible for the violation.
(2) The administrator may issue a notice of code violation without having attempted to secure voluntary correction as provided in Chapter 16.04 WCC under the following circumstances:
(a) When an emergency exists; or
(b) When a repeat violation occurs; or
(c) When the violation creates a situation or condition which in the judgment of the administrator the violation cannot or is not likely to be corrected; or
(d) When the person responsible for the violation knows or reasonably should have known that the action is in violation of Wenatchee City Code or ordinance as documented by the city. (Ord. 2014-02 § 1)
16.06.020 Content of notice of code violation.
The notice of code violation shall include the following information:
(1) The name and address of the person to whom the notice of code violation is being issued; and
(2) The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation(s) has occurred or is occurring; and
(3) A description of the violation and a reference to the sections(s) of the Wenatchee City Code or ordinance that has been violated; and
(4) The required corrective action; and
(5) The date, time and location of the hearing before the code enforcement board which shall be not less than 10 business days from the date the notice of code violation is issued; and
(6) A statement indicating that the hearing will be canceled if the person responsible for the violation abates the code violation and the administrator approves the abatement prior to the hearing; and
(7) A statement that the costs and expenses of abatement incurred by the city as specified in WCC 16.14.050 may be assessed against the person to whom the notice of code violation is directed; and
(8) A statement that a monetary penalty in an amount per day for each violation as specified in WCC 16.16.090 may be assessed against the person to whom the notice of code violation is directed as ordered by the code enforcement board; and
(9) A statement indicating that a mandatory fee of $150.00 as specified in WCC 16.16.080 will be charged for each notice of code violation issued for the purpose of covering administrative costs if the violation is affirmed by the code enforcement board. (Ord. 2014-02 § 1)
16.06.030 Service of notice of code violation.
The administrator shall serve the notice of code violation upon the person to whom it is directed, either personally or by mailing by certified mail, return receipt requested, to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Chelan County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the notice of code violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. If service is done by mail, service shall be deemed complete upon the third business day after depositing the notice into the mail. (Ord. 2014-02 § 1)
16.06.040 Hearing.
All notices of code violations shall be reviewed by the code enforcement board pursuant to Chapter 16.16 WCC. (Ord. 2014-02 § 1)
16.06.050 Administrative review of compliance with notice of code violation.
(1) In order to avoid the hearing in front of the code enforcement board, the person responsible for completing the corrective action shall notify the administrator at least five business days in advance of the hearing that the corrective action has been completed. After the person responsible for completing the corrective action in the notice of code violation has given written notice to the administrator of completion of the corrective action, the administrator shall, within three business days, determine if the corrective action is complete.
(2) If the administrator determines that the corrective action required under the notice of code violation has been completed and the corrective action was completed prior to the hearing scheduled under WCC 16.06.040, then the hearing shall be cancelled, unless the person issued the notice of code violation requests in writing to the administrator that the hearing be held. If no request for the hearing is made then the violation is deemed committed for purposes of Chapter 16.10 WCC.
(3) If the administrator determines that the corrective action required under the notice of code violation has not been completed prior to the hearing scheduled under WCC 16.06.040, then the hearing shall be held. (Ord. 2016-25 § 3; Ord. 2014-02 § 1)
16.06.060 Emergencies and dangerous properties.
In the event of an immediate and emergent threat to the environment or to the public health and safety the administrator may abate the code violation pursuant to Chapter 16.14 WCC. (Ord. 2014-02 § 1)