Chapter 20.110
CIVIL VIOLATION – ENFORCEMENT PROCEDURE
Sections:
20.110.010 Purpose.
20.110.020 Definition section.
20.110.030 Repealed.
20.110.040 Enforcement procedures.
20.110.050 Repealed.
20.110.010 Purpose.
The purpose of this chapter is to establish an efficient system of enforcing the Edmonds Community Development Code and such other city regulations as may adopt the procedures set forth herein by reference; to provide an opportunity for a prompt hearing and decision regarding alleged violations; to establish monetary penalties; and to provide for abatement of uncorrected violations. This chapter shall coordinate with Chapter 6.20 ECC, Chapter 8.50 ECC and such other code provisions as may expressly or by implication utilize the enforcement procedures set forth herein. [Ord. 3720 § 7, 2008; Ord. 2934 § 1, 1993].
20.110.020 Definition section.
A. “City” means the city of Edmonds, Washington.
B. “Civil violation” means a violation of a provision of the Edmonds Community Development Code for which a monetary penalty may be imposed under this chapter. Each day or portion of a day during which a violation occurs or exists is a separate violation.
C. “Person” means any natural person, any corporation, or any unincorporated association or partnership. [Ord. 3720 § 8, 2008; Ord. 2934 § 1, 1993].
20.110.030 Nuisance section.
Repealed by Ord. 3720. [Ord. 3663 § 2, 2007; Ord. 3242 § 2, 1999; Ord. 3130 § 1, 1997; Ord. 2934 § 1, 1993; Ord. 2913 § 2, 1993].
20.110.040 Enforcement procedures.
A. Order to Correct Violation.
1. Issuance. Whenever the community services director or his/her designee becomes aware that a violation has occurred or is occurring, he/she may issue an order to correct violation to the property owner or to any person causing, allowing or participating in the violation.
2. Content. The community services director or his/her designee shall include the following in the order to correct violation:
a. Name and address of the property owner or other person to whom the order to correct violation is directed; and
b. The location of the subject property by address or other description sufficient for identification of the building, structure, premises or land upon or within which the violation has occurred or is occurring; and
c. The code section that has been violated; and
d. A description of the violation; and
e. A statement of action required to be taken to correct the violation; and
f. Date by which compliance is required to avoid monetary penalties. This date will be no less than 24 hours from the date and time that the notice is posed on the property or no less than three days from the date that the letter is placed in U.S. Mail; and
g. Statement that a monetary penalty in an amount per day for each violation shall be assessed against the person to whom the order to correct violation is directed for each and every day or portion of a day on which the violation continues following the administrative hearing.
3. Service of Order. The community services director or his/her designee shall serve the order to correct violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation.
B. Notice of Civil Violation.
1. Issuance. If the person responsible for the violation fails to correct or cause the correction of the violation within the time given by the order to correct the violation, a notice of civil violation will be issued to each person to whom the order to correct violation directed.
2. Issuance in an Emergency or for Repeat Violations. The community services director or his/her designee may issue a notice of civil violation without having issued an order to correct where an emergency exists or a repeated violation occurs.
3. Content. The applicable department director or his/her designee shall include the following in the notice of civil violation:
a. The name and address of the property owner or the person to whom the notice is directed; and
b. The location of the subject property by address or other description sufficient for the identification of the subject property; and
c. The code section that has been violated; and
d. A description of the violation; and
e. A statement that a monetary penalty in an amount per day is assessed against the person to whom the violation is directed for each and every day or portion of a day during which the violation continues; and
f. Date by which compliance is required to avoid abatement by the city. This date will be no less than 10 days from the date of the notice to correct violation; and
g. A statement that the person to whom the notice of civil violation is directed must correct the violation and may pay the monetary penalty imposed to the city of Edmonds planning division or may appeal the notice of civil violation to the city of Edmonds hearing examiner.
4. Service of Notice. The community services director or his/her designee shall serve the notice of civil violation upon the person to whom it is directed, either by sending a copy by U.S. Mail to the last known address of the person responsible for the violation, or by posting a copy conspicuously on the site or by serving a copy of the notice personally on the person responsible for the violation.
C. Appeal to Hearing Examiner.
1. General. A person to whom the notice of civil violation is directed may appeal the notice of civil violation by filing a written notice of appeal with the community services director within 10 days of the date the notice is placed in the mail, or seven days from the date the notice is posted conspicuously on the property or served personally on the person responsible for the violation.
2. Notice of Hearing. Notice of hearing will be sent by mail, posted on the site, or served in person upon the violating party no less than five calendar days before the time fixed for the hearing.
3. Hearing by City Violations Hearing Examiner.
a. At the time stated in the notice, the violations hearing examiner will hear all relevant objections, protests and shall receive testimony under oath. Said hearings may be continued from time to time. If continued to a date certain, no new posting is required.
b. If the violations hearing examiner finds that a violation of the Edmonds Community Development Code exists and that there is sufficient cause to abate the same, the hearing examiner will prepare findings and an order within 24 hours which shall specify:
i. The nature of the violation; and
ii. The amount of fine per day; and
iii. The method of abatement; and
iv. The time by which abatement is to be completed.
D. Appeal to Superior Court. Action taken by the hearing examiner constitutes a final decision and shall be appealable only to the Snohomish County Superior Court; provided that any petition for review shall be filed no later than 10 working days after the service of the written order of the hearing examiner.
E. Abatement by the City. If the violation has not been corrected by the time ordered by the violations hearing examiner, or by the correction date ordered by the notice of civil violation, an abatement notice shall be sent by mail to the person responsible for the violation at their last known address, shall be posted in a conspicuous location on the site or served personally on the person responsible for the violation no less than 10 working days prior to abatement by the city. The city, its employees or agents are expressly authorized to enter said property for the purposes of abatement of said violation. The actual cost of abatement, including any incidental cost such as, but not limited to: staff time; legal costs; cost of postage or service; and any other reasonable, incidental cost shall be calculated and added to the monetary penalties. The city shall be free to employ appropriate contractors to remedy the situation and may pass through all costs of such contractors as incidental costs of abatement.
F. Monetary Penalties. Except for the violations of Chapter 17.95 ECDC and ECDC 20.110.030(I), violations shall be assessed at the rate of $100.00 per day, or portion of day thereof, for each and every day after the service of the notice of civil violation; provided, however, that if an appeal is made to the hearing examiner, violations shall be assessed at the rate of $100.00 per day, or portion of the day thereof, for each and every day after the violations hearing examiner finds that a violation exists and the hearing order has been served. Violations of the provisions of Chapter 17.95 ECDC and ECDC 20.110.030(I) shall be assessed at a fine of up to $250.00 per day or a portion thereof following notice of civil violation or order of the violations hearing examiner as provided above. The violations hearing examiner may also grant an extension of the date upon which fines begin in order to allow for a reasonable period of abatement. Such an extension shall not exceed 10 calendar days.
G. Collection of Monetary Penalties. The monetary penalties constitute a personal obligation of the persons to whom the order to correct is directed. Any monetary penalty must be paid to the city of Edmonds planning division within 10 working days from the date of service of the hearing examiner order or as ordered by Superior Court if the hearing examiner's decision is appealed. [Ord. 3242 § 3, 1999; Ord. 2934 § 1, 1993; Ord. 2913 § 3, 1993].
20.110.050 Separate nuisance abatement proceedings for junk vehicles.
Repealed by Ord. 3720. [Ord. 2934 § 1, 1993; Ord. 2801 § 1, 1990].