(A) Every person who violates or assists in the violation of any provision of this chapter is guilty of a misdemeanor punishable, if the offense is not willful, by a fine of$100, and in default of payment thereof by imprisonment in the county jail for one day for each and every day that such violation has continued; and if the offense is willful, by imprisonment in the county jail for ten days for each and every day that such violation continues, and by a fine of not less than $100 and not more than $250 or by both such fine and imprisonment in the discretion of the court. The owner of any dwelling, or of any building or structure upon the same lot with a dwelling, or of the said lot where any violation of this chapter or a nuisance exists, who has been guilty of such violation or of creating or permitting the existence of such nuisance, and any person who violates or assists in violating any provision of this chapter shall also jointly and severally for each such violation and each such nuisance be subject to a civil penalty of $50 to be recovered for the use of the Health Department in civil action brought in the name of the city by the Health Officer or by such other appropriate public official as the Mayor may designate. Such persons shall also be liable for all costs, expenses, and disbursements paid or incurred by the Health Department, by any of the officers thereof or by an agent, employee, or contractor of the same, in the removal of any such nuisance or violation. Any person who, having been served with a notice or order to remove any such nuisance or violation, shall fail to comply with said notice or order within five days after such service or shall continue to violate any provision or requirement of this chapter in the respect named in said notice or order, shall also be subject to a civil penalty of $250. For the recovery of any such penalties, costs, expenses, or disbursements, an action may be brought in the circuit court for the county or any court of competent civil jurisdiction. In case the owner, lessee, or other person having control of such dwelling does not reside within the state or cannot, after diligent effort, be served with process therein, the same being duly made to appear to satisfaction of the court, an order may be entered by the court for the publication of notice to the owner not served in a newspaper of general circulation published in the county once each week for two successive weeks, requiring such owner to appear and defend such suit, if he or she desires, within one week after the last publication of such notice, and upon filing due proof of the publication of such notice, such action may proceed in or against the dwelling or structure upon the same lot with the dwelling, and the lot involved, and in person against any other person duly served in said proceeding, if there be such person. The existence of a nuisance in or upon such dwelling structure on the same lot with a dwelling or on such lot, which the owner thereof has created or permitted to exist, and any violation of this chapter as to such dwelling structure and lot of which the owner has been guilty shall in such proceeding subject such dwelling structure and lot respectively, to a penalty of $50 which shall be a lien thereon until paid, and any violation of an order made or a notice given by the Health Officer permitted or committed by the owner of a dwelling structure on the same lot with a dwelling on such lot, shall in such proceeding subject the dwelling structure and lot respectively to a penalty of $250, which penalty shall be a lien thereon until paid.
(B) Whenever any person has been found guilty, after the effective date of the ordinance codified in this chapter, in connection with any dwelling in which the person is not residing, and the person has failed to correct the violation within 90 days after having been found guilty, and after a final determination of guilt, the City Council may correct or cause to be corrected any violation upon which the person has been found guilty and the costs of such repairs shall be paid by such person within 90 days or such costs shall become a lien upon the real property; and in the case that the dwelling is one in which the person has not resided for a period of six months, and there has been no other occupancy for such period, the City Council shall have the option of repairing the property or removing such property, and the costs of such removal or repair shall be paid by such person within 30 days or such costs shall become a lien upon the real property. Notwithstanding any other provision in this chapter, the term
DWELLING, for the purpose of this chapter is defined as residential real property. The liens shall be enforced in the manner prescribed in the charter or by the laws of this state providing for the enforcement of tax liens or by an ordinance passed by the City Council.
(C) Except as otherwise specified in this section, the procedure for the prevention of violation of this chapter or for the vacation of premises unlawfully occupied or for other abatement of nuisance in connection with a dwelling, shall be in accordance with the existing practice and procedure. In case any dwelling, building, or structure is constructed, altered, converted, or maintained in violation of any provision of this chapter or of any order or notice of the Health Officer or such other appropriate public official as the Mayor may designate, or in the case a nuisance exists in any such dwelling, building, or structure or upon the lot on which it is situated, the Health Officer or such other appropriate public official as the Mayor may designate, may institute any appropriate action or proceeding to prevent such lawful construction, alteration, conversion, or maintenance, to restrain, correct, or abate such violation or nuisance, to prevent the occupation of said dwelling, building, or structure, or to prevent any illegal act, conduct, or proceeding the Health Officer may by a petition of complaint, duly verified, setting forth the facts, apply to the circuit court for the county, or to any judge thereof, for an order granting the relief for which the action on proceeding is brought, or for an order enjoining all persons from doing or permitting to be done any work in or about such dwelling, building, structure, or lot, or from occupying or using the same for any purpose until the entry of final judgment or order. In case any notice or order issued by said Health Officer or such other appropriate public official as the Mayor may designate, is not complied with, the Health Officer may apply to the circuit court or to any judge thereof for an order authorizing him or her to execute and carry out the provisions of said notice or order, or to abate any nuisance in or about such dwelling, building, or structure or the lot upon which it is situated. In no case shall the Health Department, Health Officer, or such other appropriate public official as the Mayor may designate, or any officer or employee thereof of the city, be liable for the costs in any action or proceeding that may be commenced in pursuance of this chapter. The actions, proceeding, and authority of the Health Officer shall at all times be treated as prima facie just and legal.
(D) If the occupant of a dwelling fails to comply with the provisions of this chapter after due and proper notice from the Health Officer, such failure to comply shall be deemed sufficient cause for the summary eviction of such tenant by the owner and the cancellation of his or her lease.
(E) Every fine or penalty imposed by judgment upon the owner of a dwelling or of a structure on the same lot with a dwelling, or of a lot, shall be a lien upon the real property in relation to which the penalty is imposed from the time of the recording of a certified copy of the judgment in the office of the Registrar of Deeds of the county in which said dwelling is situated, subject only to taxes, assessments, and water rates and to such mortgage and mechanics’ liens as may exist thereon prior to such recording. The Health Officer or such other appropriate public official as the Mayor may designate, upon the entry of the judgment, shall record a copy, and such copy upon recording shall be indexed by the Registrar of Deeds in the index of mechanics’ liens.
(F) If any civil action or proceeding instituted by the Health Officer and plaintiff or petitioner may record in the office of the Registrar of Deeds of the county where the property is affected by such action or proceeding is situated a notice of the pendency of such action or proceeding. The notice may be recorded at the time of the commencement of the action or proceeding, or at any time afterwards before final judgment or order, or at any time after the service of any notice or order issued by the Health Officer or by such other appropriate public official as the Mayor may designate. Such notice shall have the same force and effect as the notice of pendency of action affecting real estate. Each Registrar of Deeds with whom such notice is recorded shall index it to the name of each person specified in a direction subscribed by the City Attorney. Any such notice may be vacated upon the order of a judge of the court in which such action or proceeding was instituted or is pending, or upon the consent in writing of the City Attorney. The Registrar of Deeds of the county where such notice is recorded, upon the presentation and recording of such consent or of a certified copy of such order, shall proceed in the same manner as is provided by law for processing a real estate mortgage discharge.
(2011 Code, § 15.08.180) (Ord. 67, passed - -1974)