A. Civil Violation: A code enforcement officer may issue a notice of civil violation when there is reasonable cause to believe that there is or has been a violation.
B. Contents Of Notice Of Violation: The notice of violation shall set forth and contain:
1. The name and address of the person responsible for compliance; and
2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the nature, extent, and time of the violation and a reference to the regulation or provision of this code or uncodified city ordinance that has been violated; and
4. A statement setting forth the monetary penalty imposed and each violation or violations that are subject to such monetary penalty; and
5. A statement that the person to whom the notice is issued may appeal the notice of civil violation as provided in subsection K of this section; and
6. A statement that a notice of civil violation issued pursuant to this section represents a determination that the violation/violations identified in the notice has/have been committed and that this determination is final and conclusive unless appealed as provided in subsection K of this section.
C. Service: Except as provided herein, service of a notice of civil violation shall be by personal service or by mailing. If personal service is not accomplished after reasonable effort and if an address for mailed service cannot be ascertained, service shall be accomplished by posting a copy of the order conspicuously on the affected building, structure, premises, or land. If service by posting is ineffective or cannot be lawfully accomplished, service shall be accomplished by publication.
D. Effect Of Notice Of Civil Violation: A notice of civil violation issued pursuant to this section represents a determination that the violation/violations identified in the notice of civil violation has/have been committed. This determination is final and conclusive as to the violation or violations set forth in the notice of violation, unless a timely appeal is filed as provided in subsection K of this section. If a timely appeal is not filed, such determination shall be also be final and conclusive for any subsequent notice of violation issued for the same continuing violation or violations; provided that, such determination shall not preclude an appeal of the determination that the violation or violations is/are continuing. Nothing herein is otherwise intended to preclude timely appeal of a separate or subsequent civil regulatory order, notice of civil violation, notice of infraction or imposition of criminal penalties related to the same or continuing violation or violations, to the extent an appeal may be available.
E. Continued Duty To Correct: Payment of a monetary penalty imposed pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the code enforcement officer.
F. Monetary Penalty: Unless a different monetary penalty is specified in this code or state law for a particular violation, the monetary penalty for each violation per day or portion thereof, and each continuing day or portion thereof, shall be as follows:
1. First day of each violation, one hundred dollars ($100.00);
2. Second day of each violation, two hundred dollars ($200.00);
3. Third day of each violation, three hundred dollars ($300.00);
4. Fourth day of each violation, four hundred dollars ($400.00);
5. Each additional day of each violation continuing beyond four (4) days, five hundred dollars ($500.00) per day;
6. For each repeat violation, five hundred dollars ($500.00) per day.
G. Mitigation Of Monetary Penalty: In the event that the person who is the subject of the notice of violation enters into a voluntary compliance agreement, upon approval by the city administrator, the code enforcement officer may suspend, reduce or waive the monetary penalties imposed pursuant to the notice of civil violation upon a showing of hardship, substantial completion of the necessary correction, unforeseeable circumstances beyond the control of the person responsible for compliance which render completion impossible by the date established as a good cause, or other factors or considerations establishing a basis for mitigation of the monetary penalty.
H. Other Action: In addition to the issuance of the notice of civil violation, the city may take other enforcement action available at law or in equity including, by way of example and not limitation, issuance of a notice of civil infraction, seeking injunctive or declaratory relief, taking action to seek imposition of criminal penalties, and rescission as set forth in Revised Code Of Washington 90.58.140. The city may also combine a notice of civil violation with a civil regulatory order.
I. Collection Of Monetary Penalty: The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed shall be immediately due and payable and must be paid to the city within ten (10) calendar days from the date of service of the notice of violation. The city attorney is authorized to take appropriate action to collect the monetary penalty. The city administrator may issue a civil regulatory order stopping work until such penalty is paid.
J. Application For Remission Or Mitigation: Any person incurring a monetary penalty for a civil violation may, within ten (10) days of service of the notice of violation, apply in writing to the city administrator for remission or mitigation of the monetary penalty. The city administrator shall issue a decision on the application within fifteen (15) business days. Upon receipt of a complete application for remission or mitigation, the city administrator, or his/her designee, shall consider the application, together with any information the city administrator, or his/her designee, determines is relevant, and may remit or mitigate the penalty only upon a finding by a preponderance of the evidence that applicant has demonstrated extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. When a monetary penalty is imposed jointly by the department of ecology and the city, the penalty may be remitted or mitigated only upon such terms as both the department of ecology and the city agree.
K. Appeal: A notice of civil violation may be appealed to the hearing examiner pursuant to the procedures set forth in chapter 12 of this title for appeal of a notice of civil violation. In the event that a notice of civil violation is combined with the civil regulatory order, payment of the monetary penalty imposed shall be stayed during the pendency of any administrative appeal. (Ord. 912, 9-14-2011)