Ordinance 4418ORDINANCE NO.4418
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 20.110 ECDC
ENTITLED "CIVIL VIOLATION --ENFORCEMENT
PROCEDURE"; PROVIDING FOR SEVERABILITY,
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Edmonds issues orders to correct violation and notices of
violation when the city becomes aware that a code violation is occurring; and
WHEREAS, chapter 20.110.040 of the Edmonds Community Development Code
hereinafter "ECDC) provides the procedures for civil code enforcement; and
WHEREAS, the City Council has determined to amend its code enforcement section and
definitions used therein to clarify procedures and the content of the notice of violation, and to
clarify the grounds for suspension and revocation of a permit and procedures. The amended
notice of violation will apprise the recipient of the various costs that may be incurred as part of
the code enforcement process, including graduated civil monetary penalties for continuing or
repeated violations, as well as the costs that may be incurred as part of abatement.
NOW THEREFORE;
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Section 20.110.020 of the ECDC entitled "Definition section." is hereby
amended to read as follows (new text is shown in underline; deleted text is shown in
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 unless otherwise stated in
code.
C. "Director" means the Planning and Development Director, the Director of Public Works, or
such other department director as may be applicable. Director shall include a Director's
designee.
D.-"Person" means any natural person, any corporation, or any unincorporated association or
partnership.
E. "Repeat violation" means a violation which is either: (a.) continuing (i.e., a notice of violation
has been issued and all action required to be taken to correct the violation has not occurred), or
b.) similar in nature to a previous violation for which the Director took any action under
20.110.040.
Section 2. Section 20.1 l 0.040 of the ECDC, entitled "Enforcement procedures." is
hereby amended to read as follows (new text is shown in underline; deleted text is shown in
St-r41Eeth!-eugh): 20.
110.040 Enforcement procedures. A.
Order to Correct Violation. 1.
Issuance. Whenever the plaiining-and 4-Director eF hWheF a c gFxze becomes
aware that a violation has occurred or is occurring, he/she may issue an order to correct violation
to the property owner, ri<ght-of=wav user. or to any person causing, allowing or participating
in the violation. 2.
Content. The Director eF his/her -designee shall include the
following in the order to correct violation: a.
Name and address of theproperty owner, right-of-way user, or other person to whom the
order to correct violation is directed; and b.
The location of thesubject property or area of right-of-way 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 achieve compliance;
and 2
f. Date by which compliance is required to avoid monetary penalties.
ne less than 24 hour--, fi-am the date and time that the notiee is pasted an the property oi- tie les-s
than three days r tt,, —at, that the ratter ; .laud :H U.S. mail; and
g -Statement th ^ The dollar amount of the civil monetary penalty an amount -}per -day
that will be imposed for each violation should compliance not be met by the date for compliance
3. Service of Order. The Director or- hWhe
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. If the notice is directed to a right-of=way
user. the Director may serve the order to correct violation by sending, a copy by email to the
address provided in ap applicable permit application or by other email address provided to the
city by the person to whom the order is directed or appearing on the official website of the
person to whom the order is directed.
B. Notice of Civil Violation.
1. Issuance. If the person responsible for the violation fails to correct or cause the
correction of the violation to achieve compliance 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 orfor Repeat Violations. The platifikig and development d
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. or as otherwise may be
specified in code.
3. Content. The appiieabie depai4metit d Director his/her- designee shall include the
following in the notice of civil violation:
a. The name and address of the property owner. right-of-way user. or other person to
whom the notice is directed; and
b. The location of the subject property or area of right-of-wav by address or other
description sufficient for the identification of the su epeFty-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. The dollar amount of the civil monetary penalty for each violation,
and the due date for payment thereof in an ameunt per day is assessed against the per -se
and
Date by which compliance is required to be completed avoid ahatement by the ^L
This date will be no less than 4&15 days from the date of the notice to correct violation; and
g
diFeeted must eeFFeet the vielatien and may pay the menetai=y penalt), imposed to the &5 of
A statement that the notice represents a determination that a civil
violation has been committed by the person named in the notice and that the determination is
final unless appealed as provided in this chapter: and
h. The method ofappealing the notice of violation in accordance with Section
20.110.040.0 ECDC: and
i. A statement advising that if any assessed penalty, fee or cost is not paid on or before
the due date and the time for an appeal has lapsed the Director may charge the unpaid amount
as a lien against the property where the civil code violation occurred if owned by a person
responsible for code compliance or otherwise pursue collection efforts by any lawful means, and
ii as a joint and several obligation of all persons responsible for code compliance; and
j. A statement advising that, if any required work is not completed within the time
specified by the notice of violation. and the time for an appeal has lapsed, the Director may
proceed to abate the violation in accordance with code or a court order, and may charge all
abatement costs as a lien against the property or as ajoint and several obligation of all persons
responsible for code compliance, or as applicable, both: and
k. As applicable a statement advising that the notice of violation may be recorded against
the property in the Snohomish County Auditor's Office subsequent to service if the property
owner fails to appeal the violation and the violation has not been cured or the monetary penalties
have not been paid; and
I. A statement advising that the city may recover the city's costs incurred on enforcement
activities undertaken pursuant to this chapter: and
m. Date of issuance; and
n. If there is a right-of-way12ermit associated with the violation then the right-of-way
permit number shall be included.
4. Service ofNotice. The Director e
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 ofthe person responsible for the
violation, or Qijby posting a copy conspicuously on the site or by serving a copy of the notice
personally on the person responsible for the violation. or (iii) if the notice is directed to a right-
of-way user, the Director may serve the order to correct violation by sending a copy by email to
the address provided in an applicable permit application or by other email address provided to
the city by the person to whom the order is directed or appearing on the official website of the
person to whom the order is directed.
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
Director within 4015 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. In the case of ri-ght-of-way users notified by email, the 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 Director within 15 days of the date the notice is emailed.
2. Notice ofHearing. Notice of hearing will be sent by U.S. mail, email, 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 P4elaiiefHearing Examiner.
a. At the time stated in the notice, the v"at4ias-hearing examiner will hear all relevant
facts, objections, protests and shall receive testimony under oath. Said -The hearings may be
continued " m 6me to ' as needed. If continued to a date certain, anew pesting-notice is
not required.
b. Ifthe 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 iyinT10 working days which shall
specify:
i. The nature of the violation; and
ii. The amount of fineper ay; and iii.
The method of abatement; and iv.
The time by which abatement by the person found to be responsible for committing the
violation is to be completed. D.
Appeal to Superior Court. The determination of the hearing examiner is final and
shall be appealable to superior court in accordance with Chapter 36.70C RCW. E.
Abatement by the City. Is
It is the duty of the property owner or permit holder to abate any nuisance or other condition
that violates this code In addition to or as an alternative to any other available remedy, the
Director may use the notice of violation provisions of this chapter to order any person responsible
for code compliance or permit compliance to abate the violation and to complete the work
at such time and under such conditions as the Director determines reasonable under the circumstances.
2.
If theviolation has not been corrected by the time ordered by the notice of violations or,
if appealed, by order of the hearing examiner upon appeal, by
the netiee ekivil vielatien, an abatement netiee shail be sent by Mail to ne
less than 10 wor-leing days pfiff te abatement by the eity. The sit),, its empleyees 8F agents aFe the
Director may
seek legal or equitable relief to enjoin any acts or practices. to abate any condition which constitutes
or will constitute a violation of this code and to recover all costs, fees and other expenses
of the city associated with such abatement, including, but not limited to:
i staff time Personnel costs both direct and indirect, including fees and costs incurred to
document the violation as soon as the violation occurred;
ii._'--- Attorneys' fees filing fees, witness and expert witness fees;
iii. Hauling, storage and disposal costs:
iv. _ Actual expenses and costs of the city in preparing notices,
specifications and contracts and in accomplishing or contracting and inspecting the work and the
costs of any required printing or mailing; and
v_._aAny other reasonable, incidental cost shall be calculated and added to the monetary
penalties.
3. The city must obtain a court order from Superior Court authorizing abatement before
initiating_ abatement on private property, except if the abatement consists of removing Junk cars
as such removal is permitted to be summarily abated by the city without a court order per state
law in accordance with Chapter 8.48 ECC.
4. All costs assessed by the city in pursuing code compliance and/or abatement create a
joint and several obligation in all persons responsible for code compliance.
5. The city may take a lien for the value of the costs of pursuing code compliance against
the real property of the person responsible for code compliance.
F. Monetary Penalties. Except where a different penalty is specifically established by
this code, ,
anyperson violating or
failing to comply with any provisions of this code shall be subject to a civil monetary penalty (a
fine) of $100 for the first violation $200 for the second violation. $300 for the third violation,
and $500 for each additional violation, not including fees or costs or expenses. The escalation
schedule applies to any repeat violations. For violations of code other than Ch 18.60 ECDC. the
The vielat-enshearing examiner may also -grant an extension of the date upon which fines begin
in order to allow for a reasonable period of abatement. Such extension shall not exceed 10
calendar days. Following a finding of the hearing examiner of the existence of a violation at the
appeal hearing on the expiration of the appeal period to appeal to Superior Court, continuing
fines may be assessed by the provision of additional notice of civil violation pursuant to
subsection (B)(2) of this section or other section of this code, and an opportunity for hearing. No
additional fine for a continuing violation may be assessed without the provision of notice and the
opportunity for a hearing.
G. Collection ofMonetary Penalties. The monetary penalties constitute a personal
obligation of the persons to whom the order to correct notice of violation is directed. Any
monetary penalty must be paid to the city of Edmonds planning divi within 10 A,eWA*g 15
days from the date of service of the notice ofviolation, or within 10 days of the hearing
examiner order ugon appeal, or as ordered by superior court if the hearing examiner's decision is
appealed. Payment of a monetary penalty_ pursuant to this section does not relieve a person of the
duty to stop or correct the violation as ordered in the notice of violation. The penalty imposed by
this section shall be collected by any appropriate legal means and is a ioint and several obligation
of all persons responsible for code compliance The city is authorized to take a lien for the value
of unpaid civil penalties imposed against the real property of the person responsible for code
compliance and as a joint and several obligation of all persons responsible for code compliance.
Section 3. Section 20.110.045 of the ECDC, entitled "Suspension or revocation of
permit" is hereby amended to read as follows (new text is shown in underline; deleted text is
shown in su-ike
20.110.045 Suspension or revocation of permit.
The eity shall retain the Fight to suspend or r-eveke a peFmit issued under- this develepmeat eede
may be appealed te the hearing exami r-iinder-ChapteF-20.066CE)C.UpeliFeee6ptefa
timely appeal under- Chapter- -•
deeisien en the appeal; provided, that such a stay shall net affeet any stop wer-k eFder- issued by
the en
A. The Director may suspend, revoke or limit any permit issued whenever:
1. The permit holder has committed a code violation in the course of performing
activities subject to that permit including but not limited to, failure to comply with any
conditions of approval of said permit or operating in a manner inconsistent with representation
made in the permit application;
2. The permit holder has interfered with the Director in the performance of their duties
relating to that permit,
3. The permit was issued in error or on the basis of materially incorrect information
supplied to the City; or
4. Permit fees or costs were paid to the City by check and returned from a financial
institution marked nonsufficient funds (NSF) or cancelled.
B. Such suspension revocation or modification shall be carried out through the order to
correct provisions of this section 20.110 and shall be effective upon the compliance date
established by the order to correct unless otherwise stated in code. Such revocation, suspension
or cancellation may be appealed to the Hearing Examiner under Chapter 20.06 ECDC.
Notwithstanding any other provision ofthis section. the Director may immediately suspend
operations under any permit by ordering work to stop by a written directive.
C. Notwithstanding the foregoing right-of-way construction permits issued under
Chapter 18.60 ECDC may be revoked, and orders to stop work may be issued, as provided
therein and without a need to issue an order to correct or provide notice of violation.
Section 4. Severability. If any section, subsection, clause, sentence, or phrase of this
ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this ordinance.
Section 5. Corrections by City Clerk or Code Reviser. Upon approval of the city attorney,
the city clerk and the code reviser are authorized to make necessary corrections to this ordinance,
including the correction of clerical errors; references to other local state, or federal laws, codes,
rules, or regulations; or ordinance numbering and section/subsection numbering.
Section 6. Effective Date. This ordinance is subject to referendum and shall take effect
thirty (30) days after final passage of this ordinance.
APPROVED:
MAYOR, MIKE ROSEN
ATTEST/AUTHENTIC D:
DEPUTY CITY CLERK, EMILY VILLATA
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
JEFF TARADA''
FILED WITH THE CITY CLERK: November 26, 2025
PASSED BY THE CITY COUNCIL: December 2, 2025
PUBLISHED: December 5, 2025
EFFECTIVE DATE: January 1, 2026
ORDINANCE NO. 4418
10
SUMMARY OF ORDINANCE NO.4418
of the City of Edmonds, Washington
On the 2nd day of December 2025, the City Council of the City of Edmonds, passed
Ordinance No. 4418. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING CHAPTER 20.110 ECDC
ENTITLED "CIVIL VIOLATION --ENFORCEMENT
PROCEDURE"; PROVIDING FOR SEVERABILITY,
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE.
The full text of this Ordinance will be mailed upon request.
DATED this 2nd day of December 2025. v'
J
DEPUTY CITY CLERK, EMILY VILLATA
11
Everett Daily Herald
Affidavit of Publication
State of Washington }
County of Snohomish } ss
Michael Gates being first duly sworn, upon
oath deposes and says: that he/she is the legal
representative of the Everett Daily Herald a
daily newspaper. The said newspaper is a legal
newspaper by order of the superior court in the
county in which it is published and is now and
has been for more than six months prior to the
date of the first publication of the Notice
hereinafter referred to, published in the English
language continually as a daily newspaper in
Snohomish County, Washington and is and
always has been printed in whole or part in the
Everett Daily Herald and is of general
circulation in said County, and is a legal
newspaper, in accordance with the Chapter 99
of the Laws of 1921, as amended by Chapter
213, Laws of 1941, and approved as a legal
newspaper by order of the Superior Court of
Snohomish County, State of Washington, by
order dated June 16, 1941, and that the annexed
is a true copy of EDH1023588 ORDINANCE
SUMMARIES as it was published in the regular
and entire issue of said paper and not as a
supplement form thereof for a period of 1
issue(s), such publication commencing on
12/05/2025 and ending on 12/05/2025 and that
said newspaper was regularly distributed to its
subscribers during all of said period.
The amount f the fee for Ich publication is
51.60.
Subscribed and sworn before me on this
4-N day of
rL5 -
Notary Public in and for the State of
Washington.
City of Edmonds -LEGAL ADS 114101416
EMILY VILLATA
Classified Proof
ORDINANCE SUMh1ARY
ofthe .ily of dmonds, asrunfjon
On the 2nd day of December. 2025. the City Council of the City of
Edmonds, passed the following Ordinances. the summary of said
ordinances conssttng of lilies .s provided as follows
ORDINANCE NO. 4415ANORDINANCE - UF THE CITY- OF EDMONDS.
WASHINGTON, TEMPORARILY AMENDING SOME OF THE
UTILITY TAX RATES IN ECC 3.20.050.
ORDINANCE NO 4416
AN ORDINANCE OF THEC:IfY— OF EDh10NDS,
WASHINGTON. AMENDING ECDC CHAPTER 18.00
ENTITLED *GENERAL REQUIREMENTS'; PROVIDING FOR
SEVERABILI7Y, CORRECTIONS; AND ESTABLISHING AN
EFFECTIVE DATE.
ORDINANCE NQ 4417ANORDINANCES—i11E Z`ITV OF ED7dONDS,
WASHINGTON, ADOPTING NEW REGULATIONS RELATED
TO NON -TRANSPORTATION USE OF AND WORK IN -HE
RIGHT-OF-WAY ORDINAN N 4418
AN ORDINANCE OF TH CITY OF LLWUNDS.
WASHINGTON, AMENDING CHAPTER 20.110 ECDC
ENTITLED 'CIVIL VIOLATION -ENFORCEMENT
PROCEDURE'. PROVIDING FOR SEVERABILITY.
CORRECTIONS; AND ESTABLISHING AN EFFECTIVE
DATE
DATED this 2nd day of December, 2025,
DEPUTY CITY CLERK, EMILY VILLATA
Published. December 5, 2025. EOH1023588
Proofed by Pospical, Randie, 12/08/2025 08:41:29 am Page: 2