Ordinance 38270006.90000
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ORDINANCE NO. 3827
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECDC
20.110.040(F) MONETARY PENALTIES IN ORDER TO
CLARIFY THE IMPACT OF THE AMENDMENT ON
EXISTING CODE ENFORCEMENT ACTIONS, AMENDING
ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES
TO SUPERIOR COURT, 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 opportunity for
administrative appeal of a notice of violation [ECDC 20.110.040(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, ECDC 20.110.040(D) should be clarified to distinguish it from the
aforementioned administrative appeal, to specify a judicial appeal by Chapter 35.70C RCW and
to provide explicit appeal information; 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
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hearing; and
WHEREAS, this an earlier interim version of this ordinance was adopted pursuant
to RCW 36.70A.390 and referred to the Planning Board for review and recommendation; and
WHEREAS, after holding a public hearing and reviewing the aforementioned
interim ordinance, the Planning Board has forwarded a recommendation to the City Council; and
WHEREAS, the City Council held its own public hearing on this ordinance on
December 7,2010; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Amended. Subsection (F) of ECDC 20.110.040, Enforcement
Procedures, Monetary Penalties, is hereby amended to read as follows:
20.110.040 Enforcement procedures.
F. Monetary Penalties. Except where a different penalty is
specifically established by this code, 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. 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.
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Section 2. Further Amended. Subsection (D) of ECDC 20.110.040, Enforcement
Procedures, Appeal to Superior Court, is hereby amended to read as follows:
20.110.040 Enforcement procedures
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.
Section 3. 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.
Avl'�
MAYOR MIKE COOPE
ATTEST /AUTHENTICATED:
ITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF T E I ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK: 12 -03 -2010
PASSED BY THE CITY COUNCIL: 12 -07 -2010
PUBLISHED: 12 -13 -2010
EFFECTIVE DATE: 12 -18 -2010
ORDINANCE NO. 3827
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SUMMARY OF ORDINANCE NO. 3827
of the City of Edmonds, Washington
On the 7th day of December, 2010, the City Council of the City of Edmonds,
passed Ordinance No. 3827. A summary of the content of said ordinance, consisting of the title,
provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF ECDC 20.110.040(F) MONETARY PENALTIES IN ORDER TO CLARIFY
THE IMPACT OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT ACTIONS,
AMENDING ECDC 20.110.040(D) TO CLARIFY APPEAL PROCEDURES TO SUPERIOR
COURT, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of December, 2010.
CITY CLERK, SANDRA S. CHASE
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STATE OF WASHINGTON,
COUNTY OF SNOHOMISH
lc c. rg9n
SUMMARY OF ORDINANCE NO. 3827
o the ityo dmonds, Washington
On the 7th day of December, 2010, the City Council of the City
of Edmonds, passed Ordinance No. 3827. A summary of the con -
tent of said ordinance, consisting of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE PROVISIONS OF ECDC 20.110.040(F)
MONETARY PENALTIES IN ORDER TO CLARIFY THE IMP01
OF THE AMENDMENT ON EXISTING CODE ENFORCEMENT
ACTIONS, AMENDING ECDC 20.110.040(D) TO CLARIFY
APPEAL PROCEDURES TO SUPERIOR COURT, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this 8th day of December, 2010.
CITY CLERK, SANDRA S. CHASE
Published: December 13, 2010.
Affidavit of Publication
S.S.
The undersigned, being first duly sworn 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 Courtof Snohomish County and that the notice
Summary of Ordinance No. 3827
re: Monetary Penalties
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:
December 13, 2010
Account Name: City of Edmonds Account Number: 101416 Order Number. 0001721114