Chapter 16.16
CODE ENFORCEMENT BOARD
Sections:
16.16.040 Recording of code enforcement board hearings.
16.16.050 Administrator duties.
16.16.070 Decision of the code enforcement board.
16.16.110 Extension – Modification.
16.16.120 Administrative review of compliance with corrective action.
16.16.140 Continued duty to correct.
16.16.150 Collection of monetary penalty.
16.16.160 Reduction of monetary penalty by administrator.
16.16.170 Reduction of monetary penalty by code enforcement board.
16.16.010 Hearing date.
A person to whom a notice of code violation is issued will be scheduled to appear at a hearing before the code enforcement board not less than 10 business days after the notice of code violation is issued. (Ord. 2014-02 § 1)
16.16.020 Extension of time.
The hearing shall be rescheduled if a person responsible for the violation requests an extension of time in writing to the administrator within three days of service of the notice of code violation, and the administrator approves the request. The hearing shall be rescheduled to the next regularly scheduled meeting for lack of a quorum. (Ord. 2014-02 § 1)
16.16.030 Failure to appear.
If the person to whom a notice of code violation was issued fails to appear at the scheduled hearing, the code enforcement board shall enter a decision affirming, vacating or modifying the administrator’s decision regarding the code violation consistent with WCC 16.16.070. (Ord. 2014-02 § 1)
16.16.040 Recording of code enforcement board hearings.
All hearings of the code enforcement board shall be audio recorded and copies of the recordings shall be maintained for at least three years from the date of the hearing, or as required by law, whichever is longer. Transcripts of the hearing shall be made available upon request and with payment of transcription costs by the requesting party. (Ord. 2014-02 § 1)
16.16.050 Administrator duties.
The administrator shall act as ex-officio secretary of the code enforcement board and be responsible for:
(1) Preparation of code enforcement board agendas;
(2) Mailing of hearing notices to code enforcement board members and affected parties;
(3) Preparation of code enforcement board orders and notification to affected parties. (Ord. 2014-02 § 1)
16.16.060 Hearing procedures.
The code enforcement board shall conduct a hearing on the code violation pursuant to the rules of procedure established by the code enforcement board. The code enforcement board shall not continue the hearing unless there is good cause shown for a continuance. The administrator and the person to whom a notice of code violation was directed may participate as parties in the hearing and each party may call witnesses. The city shall have the burden to prove by a preponderance of the evidence that a code violation has occurred and that the required corrective action is reasonable. The determination of the administrator, as to the need for the required corrective action, shall be accorded substantial weight by the code enforcement board in determining the reasonableness of the required corrective action. (Ord. 2014-02 § 1)
16.16.070 Decision of the code enforcement board.
(1) The code enforcement board shall determine whether the city has established by a preponderance of the evidence that a violation has occurred and that the required corrective action is reasonable and shall affirm, vacate, or modify the city’s decision regarding the alleged code violation and/or the required corrective action, with or without written conditions.
(2) The code enforcement board shall issue a decision to the person issued a notice of code violation that contains the following information:
(a) The decision regarding the alleged code violation including findings of fact and conclusions based thereon in support of the decision;
(b) The required corrective action;
(c) The date and time by which the correction must be completed;
(d) The monetary penalties assessed based on the criteria in WCC 16.16.090;
(e) Orders the person to give written notice of the completion of the corrective action to the administrator the business day after the completion of such corrective action;
(f) The date and time after which the city may proceed with abatement of the unlawful condition if the required corrective action is not completed; and
(g) The appeal rights under WCC 16.16.130. (Ord. 2014-02 § 1)
16.16.080 Mandatory fee.
A mandatory fee of $150.00 shall be imposed by the code enforcement board for each notice of code violation affirmed by the code enforcement board. (Ord. 2014-02 § 1)
16.16.090 Monetary penalty.
A monetary penalty shall be imposed by the code enforcement board for each separate code violation affirmed by the code enforcement board. The monetary penalties shall begin immediately after the compliance date set by the code enforcement board. The first day and each additional day of any affirmed code violation shall be a minimum of $100.00 per day and a maximum of $200.00 per day. Factors to be considered by the code enforcement board in determining the amount of the monetary penalty shall include, but not be limited to:
(1) Impacts on health, safety, sanitation and welfare concerns;
(2) Value and economic impacts on adjoining and neighboring properties; and
(3) Whether the code violation was a repeat violation as defined by WCC 16.02.020(10). (Ord. 2014-02 § 1)
16.16.100 Notice of decision.
The code enforcement board shall issue the decision to the person to whom a notice of code violation was directed and to the administrator within 10 business days of the hearing. Service shall be done by mail, by both first class and certified mail, and shall be deemed complete upon the third business day after depositing the decision into the mail. (Ord. 2014-02 § 1)
16.16.110 Extension – Modification.
An extension of the time limit for correction or modification of the required corrective action may be granted by the code enforcement board 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 by the board 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)
16.16.120 Administrative review of compliance with corrective action.
After the person responsible for performing the corrective action stated in the code enforcement board decision has given written notice to the administrator of the completion of the corrective action, the administrator shall, within three business days, determine if the abatement or corrective action is complete. (Ord. 2014-02 § 1)
16.16.130 Appeal.
(1) Corrective Action Compliance Appeal. If the administrator, pursuant to WCC 16.16.120, determines that the abatement or the corrective action is not complete, the person responsible for abating the violation or the corrective action shall have five business days within which to file a written 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 decision. 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 there has been strict compliance with completion of the corrective action required by the decision of the code enforcement board.
(2) Code Enforcement Board Decision Appeal. The decision of the code enforcement board issued pursuant to WCC 16.16.070 shall be final unless, within 21 days after the date of the decision, a written request for appeal is filed with the city clerk. If the 21-day period ends on a weekend or on a holiday, the following working day shall be the 21st day. 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 decision. Appeals shall be subject to an administrative appeal fee in accordance with WCC 1.99.010.
(3) Hearing Examiner Decision Appeal. Decisions of the hearing examiner may be appealed to the Chelan County superior court. Notice of appeal shall be filed and served on all necessary parties within 21 calendar days of the date of decision. Notice of the appeal and any other pleadings required to be filed with the court to initiate the appeal shall be served on the parties within the applicable time period. If the 21-day period ends on a weekend or on a holiday, the following working day shall be the 21st day. The appeal shall be a closed record appeal based on the administrative record.
(4) Cost of Court Appeal. The cost of transcribing and preparing all records necessary for appeal under subsection (2) of this section shall be paid for in advance by the appellant.
(5) Stay of Daily Monetary Penalties. Any ongoing daily monetary penalties imposed by the code enforcement board shall not be stayed unless a timely appeal is filed pursuant to this chapter. (Ord. 2014-02 § 1)
16.16.140 Continued duty to correct.
Payment of a monetary penalty does not relieve the person to whom the notice of code violation was issued of the duty to correct the violation. (Ord. 2014-02 § 1)
16.16.150 Collection of monetary penalty.
(1) The monetary penalty constitutes a personal obligation of the person to whom the notice of violation is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of mailing of the code enforcement board’s decision or a notice from the city that penalties are due.
(2) The administrator is authorized to take appropriate action to collect the monetary penalty, including but not limited to court action. If a court action is instituted to collect the monetary penalty and the city is the prevailing party, the person to whom the notice of violation is directed shall be responsible for the attorney’s fees and court costs incurred by the city related to the court action and the court has the authority to award said fees and costs to the city. (Ord. 2014-02 § 1)
16.16.160 Reduction of monetary penalty by administrator.
(1) Upon written request to the administrator within 10 calendar days of issuance of final billing, the administrator is authorized to reduce monetary penalties assessed by the code enforcement board for first time violators as follows:
(a) Up to 75 percent if a good faith effort was made to reconcile the violation;
(b) Up to 90 percent of the final billing upon abatement of the violation and if the ability to abate was impacted by factors beyond the reasonable control of the violator; or
(c) Up to 100 percent of the final billing 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. (Ord. 2014-02 § 1)
16.16.170 Reduction of monetary penalty by code enforcement board.
(1) The code enforcement board is authorized upon written request filed with the administrator within 21 calendar days of issuance of final billing to reduce monetary penalties previously assessed by it for all violators as follows:
(a) Up to 75 percent if a good faith effort was made to reconcile the violation;
(b) Up to 90 percent of the final billing upon abatement of the violation and if the ability to abate was impacted by factors beyond the reasonable control of the violator; or
(c) 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.
(2) The code enforcement board shall hear the request at its next regular meeting and issue a decision within 20 calendar days of the meeting.
(3) The code enforcement board’s decision to reduce or not reduce a monetary penalty shall not be appealable. (Ord. 2014-02 § 1)