Ordinance 37790006.90000
WSS /gjz
12/30/09
ORDINANCE NO. 3779
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
20.110.040(F) MONETARY PENALTIES, CLARIFYING THE
IMPACT OF THE AMENDMENT ON EXISTING CODE
ENFORCEMENT ACTIONS, SETTING A PUBLIC HEARING,
AND FIXING A TIME WHEN THE SAME SHALL BECOME
EFFECTIVE.
WHEREAS, the Washington State Supreme Court in its decision in Post v.
Tacoma, 217 P.3d 1179 (2009) has determined that code enforcement procedures which provide
for continuing penalties without the opportunity for appeal is a violation of due process; and
WHEREAS, Chapter 20.110 ECDC provides for specific notice of violation
[ECDC 20.110.040(A)(2)] and of repeat violations [ECDC 20.110.040(B)(2)]; and
WHEREAS, the code enforcement procedures also provide for notice of violation
and appeal [ECDC 20.110.040(B) and (C)]; and
WHEREAS, however, ECDC 20.110.040(F) provides for continuing violations
with the imposition of a fine without the specific provision for additional notice of hearing; and
WHEREAS, the City Council deems it to be in the public interest to clarify that
continuing violations shall be accompanied by additional notice of violation and opportunity for
hearing; and
WHEREAS, RCW 36.70A.390 provides for the imposition of interim zoning
controls without a public hearing, subject to a public hearing within sixty (60) days; and
WHEREAS, the City Council finds that the potential violation of the due process
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rights of its citizens creates an emergency situation requiring its immediate action, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
.•. •. - -1► • -• .
Section 1. There is hereby adopted as an interim zoning control, the following
revision of ECDC 20.110.040 Enforcement Procedures, (F) Monetary Penalties, to read as
follows:
20.110.040 Enforcement procedures.
F. Monetary Penalties. Except for violations for which
provisions of Chapter 17.95 ECDC and ECDC 20.110.030(I)
provide for another penalty, violations shall be assessed at the rate
of $100 per day or a portion of day thereof, for each and every day
after the service of the notice of civil violation. 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 per day or a portion thereof
following notice of civil violation. 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
extension shall not exceed ten (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,
continuing fines may be assessed by the provision of additional
notice of civil violation pursuant to 20.110.040(B)(2) 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.
Section 2. Any pending code violation which is subject to the accrual of
additional fines based upon a notice of civil violation shall be immediately stayed. At the
discretion of the Community Services Director or his /her designee, the staff may provide for
either notice of repeated violation pursuant to the provisions of 20.110.040(B)(2) followed by an
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opportunity for hearing, or dismissal of the pending code enforcement action and refiling by the
provision of a new notice of civil violation under 20.110.040(B).
Section 3. In accordance with the provisions of RCW 36.70A.390, a public
hearing shall be held on this ordinance within sixty (60) days of its adoption. The City Clerk is
hereby authorized to provide notice of such hearing for the 2nd day of March, 2010 at 7:00 PM
before the City Council, or as soon thereafter as this matter may be heard.
Section 4. Effective Date. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
APPROV D:
MAY00GIO Y HAAKENSON
ATTEST /AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS T ORM:
OFFICE OF TY O E -
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 01 -15 -2010
PASSED BY THE CITY COUNCIL: 01 -19 -2010
PUBLISHED: 01 -24 -2010
EFFECTIVE DATE: 01 -29 -2010
ORDINANCE NO. 3779
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SUMMARY OF ORDINANCE NO. 3779
of the City of Edmonds, Washington
On the 19th day of January, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3779. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN INTERIM ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
THE PROVISIONS OF ECDC 20.110.040(F) MONETARY PENALTIES, CLARIFYING THE
IMPACT OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT ACTIONS,
SETTING A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL
BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 20th day of January, 2010.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
!QC 1890
SUMMARY OF ORDINANCE NO:
oftheCityotEdin on s, ashing
On the 19th day of January, 2010; the City Cc
Edmonds, passed Ordinance No. 3779. A sumn
of said ordinance, congistin of the Title, provide:
)MMGTON, AMENDING O HEHE CITY OF
SHI
20,1 01040 p MONETARY PENAL
PACT OF E AMENDMENT ON
MENT ACTIONS, SETTING A PUB
TIME WHEN THE:SAME SHALL BE
The full text of this Ordinance rwill
DATED this 20th day of Jahua
Published: January 24, 2010.
FEB p 2 2010
Affidavit of Publication
} S.S.
The undersigned, being first duly swom on oath deposes and says that she is Principal Clerk of
THE HERALD, a daily newspaper printed and published in the City of Everett, County of
Snohomish, and State of Washington; that said newspaper is a newspaper of general
circulation in said County and State; that said newspaper has been approved as a legal
newspaper by order of the Superior Court of Snohomish County and that the notice
I of the City of
of the content
follows: Summary of Ordinance
1AONDS, WA-
OF ECDC
ING THE IM- No. 3779
E ENFORCE
HEARING, AND FIXING A
)ME EFFECTIVE.
mailed upon request.
10..
LERK, SANDRA S. CHASE:
a printed copy of which is hereunto attached, was published in said newspaper proper and not
in supplement form, in the regular and entire edition of said paper on the following days and
times, namely:
January 24, 2010
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Account Name: City of Edmonds
and that said newspaper was regular! distributed
Subscribed and swom to before me this
day of January, 2010
Notary Public in and for
County. Z ..a
01 A.6
Account Number: 101416 i der N 0001682777
25th
during all of said period.