A. In General: A code enforcement officer may issue a civil regulatory order when there is reasonable cause to believe that there is or has been a violation or that failure to take action or to refrain from taking action will result in a violation. It is the policy of the city that a civil regulatory order may be issued, in lieu of initially seeking voluntary correction or issuing a notice of correction, when the code enforcement officer determines, in his or her discretion, that: 1) the nature of the violation creates a risk of imminent harm to public health or safety, or 2) the act or omission that has caused the violation or from which the violation arose or will arise, is continuing or ongoing, or 3) issuance of a civil regulatory order is necessary to prevent future or continuing violations, or 4) issuance of a civil regulatory order is necessary to prevent imminent harm to persons or property, or 5) issuance of a written correction notice would be ineffective or futile. The failure of the code enforcement officer to seek voluntary correction prior to issuance of a civil regulatory order shall not invalidate any action taken by the code enforcement officer or the city pursuant to this chapter.
B. Content Of Civil Regulatory Order: The order shall set forth and contain:
1. The name and address of the person responsible for compliance with the order; and
2. The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation will occur, 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 or may be violated; and
4. An order that the act or omission or use causing or leading to a violation or a potential violation shall immediately cease and desist and/or, in appropriate cases, an order to take specific corrective action within a specific and reasonable time, which corrective action may include, but is not limited to, abatement, remediation, correction, and/or mitigation of the site and other property damaged; and
5. A statement that the person to whom the civil regulatory order is issued may appeal the civil regulatory order as provided in subsection L of this section; and
6. A statement that a civil regulatory order represents a determination that the violation/violations identified in the civil regulatory order has/have been committed, and that this determination is final and conclusive unless appealed; and
7. In the event that the civil regulatory order is combined with a notice of civil violation, the order shall include a statement of the monetary penalty imposed and each violation or violations that are subject to such monetary penalty.
C. Service: Except as provided herein, service of a civil regulatory order shall be by personal service or by mailing. If personal service is not accomplished after reasonable efforts 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. Effective Date: An order issued under this section shall become effective immediately upon service of the order upon the person to whom it is directed.
E. Effect Of Civil Regulatory Order: A civil regulatory order represents a determination that the violation/violations identified in the civil regulatory order has/have been committed. This determination is final and conclusive unless appealed as provided herein; provided that, nothing herein is intended to preclude timely appeal of a separate or subsequent 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.
F. Extension: Upon written request received prior to the correction date or time, the code enforcement officer may extend the date set for correction for good cause or in order to accommodate a voluntary correction agreement. The code enforcement officer may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible by the date established as a good cause.
G. Violation; Unlawful: When a civil regulatory order has been issued, posted and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct any activity or perform any work prohibited by the terms of the order, even if the order has been appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written authorization for the activity or work to be resumed.
H. Removal Of Civil Regulatory Order; Violation: It shall be unlawful to remove a civil regulatory order posted in conformity with the requirements of this chapter without the prior authorization of a code enforcement officer or public official of the city, the city hearing examiner, or an order of a court with jurisdiction.
I. Compliance; Violation: It is unlawful to fail to comply with the terms and conditions of the civil regulatory order. Failure to comply with a civil regulatory order can result in enforcement actions including, but not limited to, the issuance of a notice of civil violation, issuance of a civil infraction, and imposition of criminal penalties.
J. Other Action: In addition to the issuance of the civil regulatory order, 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 violation and penalties, issuance of a civil infraction, seeking injunctive or declaratory relief, imposition of criminal penalties, modification or revocation of the project permit or approval, 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.
K. Revocation Of Project Permit Or Approval:
1. Order Of Revocation/Rescission: The code enforcement officer may issue a civil regulatory order revoking or rescinding a project permit or approval if the code enforcement officer has reasonable cause to believe that: a) the project permit or approval was obtained in violation of subsection 1-13-8B of this chapter (fraud; deception), or b) no reasonable conditions can be imposed that would abate or mitigate a violation, or c) the person responsible for compliance has failed to comply with the conditions of the project permit or approval. The person responsible for compliance shall cease all activity allowed by the project permit or approval upon service of the civil regulatory order revoking the project permit and exhaustion of all administrative appeals of such order.
2. Notice; Hearing: A decision to rescind a project permit or approval issued pursuant to title 11, chapter 6, "Shoreline Master Program", of this code shall be subject to the requirements of Revised Code Of Washington 90.58.140.
3. Reapplication: If a project permit or approval is revoked for fraud or deception, no similar application shall be accepted for a period of one year from the later of the date of service of the order of revocation, or finding and nonappealable decision upon appeal, if any. If a permit or approval is revoked for any other reason, another application may be submitted subject to all of the applicable requirements of the development code.
L. Appeal: A civil regulatory order may be appealed to the hearing examiner pursuant to the procedures set forth in chapter 12 of this title for appeal of a civil regulatory order. 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. In the event of a notice of appeal of an order revoking or rescinding a project permit or approval, the order shall be stayed during the pendency of any administrative appeal. (Ord. 912, 9-14-2011)