Ordinance 28010006.130.059
WSS/klt
10/10/90
ORDINANCE NO. 2801
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON,
AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE
TO ADD A NEW CHAPTER 20.110 ESTABLISHING A CIVIL
VIOLATION ENFORCEMENT PROCEDURE AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds utilizes criminal
penalties and civil litigation to enforce its community
development code;
WHEREAS, the Council finds that the existing procedures
can result in protracted delays which are not in the best
interest of the public health, safety and welfare;
WHEREAS, certain public nuisances, particularly in
single family residential neighborhoods, should be promptly
addressed in order to preserve the peace and safety of the
residential neighborhood; and
WHEREAS, the Council wishes to establish reasonable
procedures providing for notice and opportunities for hearing in
order to recognize the due process rights of persons cited;
NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. The Edmonds Community Development Code,
title 20, is hereby amended by the addition of a new chapter
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20.110 Civil Violation: Enforcement Procedure to read as
follows:
Chapter 20.110
Civil Violation: Enforcement Procedure
20.110.010 PURPOSE
The purpose of this ordinance is to establish
an efficient system to enforce the City of
Edmonds Community Development Code (ECDC); to
provide opportunity for a prompt hearing and
decision on alleged violations of the ECDC;
to establish monetary penalties for
violations of the ECDC; and, to abate
violations of the ECDC.
20.110.020 DEFINITION SECTION
A. City means the City of Edmonds,
Washington.
B. Civil Violation means a violation of a
provision of the City of 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.
C. Junk Vehicle is defined as, and abated as
described, in Title 8.50 of the Edmonds
Municipal Code.
D. Emergency means a situation in which the
Community Services Director or his/her
designee determines immediate action is
required to prevent or eliminate threat
to health or safety of persons or
property.
E. Junk means discarded, broken or disabled
material including, but not limited to:
furniture; appliances; toys; or other
items that are not in functioning
condition.
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F. Litter means discarded waste materials,
including but not limited to: paper
wrappings; packaging materials; discarded
or used bottles; and discarded or used
cans.
G. Person means any natural person, any
corporation, or any unincorporated
association or partnership.
H. Trash means waste food products and other
household garbage.
20.110.030 NUISANCE SECTION
No person owning, leasing, renting, occupying
or having charge or possession of any
property in the City, including vacant lots,
shall maintain or allow to be maintained on
any such property, except as may be allowed
by any other City ordinance any of the
following:
A. Junk, trash, litter, boxes, discarded
lumber, salvage materials in front yard,
side yard rear yard or vacant lot.
B. Attractive nuisances dangerous to
children, including, but not limited
to: abandoned, broken or neglected
equipment; machinery; refrigerators and
freezers; excavations; and/or wells or
shafts in any front yard, side yard, rear
yard or vacant lot.
C. Broken furniture or discarded furniture,
household equipment and furnishings in
any front yard, side yard or vacant lot.
D. Graffiti on the exterior of any building,
fence or other structure in any front
yard, side yard, rear yard or on any
object in a vacant lot.
E. Utility trailers or unmounted camper tops
located in any front yard, except the
driveway, or located in any vacant lot.
F. Vehicle Parts or other articles of
personal property which are discarded or
left in a state of partial construction
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or repair in any front yard, side yard,
rear yard or vacant lot.
G. Hazardous trees, or any other vegetation
which is dangerous to the public health,
safety and welfare, located in any front
yard, side yard, rear yard, or vacant
lot.
20.110.040 ENFORCEMENT PROCEDURES
A. Order to Correct Violation
1. Issuance.
Services
designee
violation
occurring,
to Correct
owner or
allowing
violation.
Whenever the Community
Director or his/her
becomes aware that a
has occurred or is
he/she may issue an Order
Violation to the property
to any person causing,
or participating in the
2. Content. The Community Services
Director or his/her designee shall
include the following in the Order
to Correct Violation:
a. Name and address of the
property owner or other person
to whom the order to correct
violation is directed; and
b. The location of the subject
property 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
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f. Date by which compliance is
required to avoid monetary
penalties. This date will be
no less than 24 hours from the
date and time that the notice
is posted on the property or no
less than three (3) days from
the date that the letter is
placed in U.S. mail; and
g. Statement that a monetary
penalty in an amount per day
for each violation shall be
assessed against the person to
whom the order to correct
violation is directed for each
and every day or portion of a
day on which the violation
continues following the
administrative hearing.
3. Service of Order. The Community
Services Director or his/her
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.
B. Notice of Civil Violation.
1. Issuance. If the person responsible
for the violation fails to correct
or cause the correction of the
violation 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 of an emergency or for
repeat violations. The Community
Services Director ❑r his/her
designee may issue a Notice of Civil
Violation without having issued an
Order to Correct where an emergency
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exists or a repeated violation
occurs.
3. Content. The applicable department
director or his/her designee shall
include the following in the Notice
of Civil Violation:
a. The name and address of the
property owner or the person to
whom the notice is directed;
and
b. The location of the subject
property by address or other
description sufficient for the
identification of the subject
property; and
C. The code section that has been
violated; and
d. A description of the violation;
and
e. A statement that a monetary
penalty in an amount per day is
assessed against the person to
whom the violation is directed
for each and every day or
portion of a day during which
the violation continues; and
f. Date by which compliance is
required to avoid abatement by
the City. This date will be no
less than ten (10) days from
the date of the Notice to
Correct Violation; and
g. A statement that the person to
whom the Notice of Civil
Violation is directed must
correct the violation and may
pay the monetary penalty
imposed to the City of Edmonds
Planning Division or may appeal
the Notice of Civil Violation
to the City of Edmonds Hearing
Examiner.
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4. Service of Notice. The Community
Services Director or his/her
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 of the person
responsible for the violation, or by
posting a copy conspicuously ❑n the
site or by serving a copy of the
notice personally on the person
responsible for the violation.
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 Community
Services ❑irector within ten (10)
days of the date the notice is
placed in the mail, or seven (7)
days from the date the notice is
posted conspicuously on the property
or served personally on the person
responsible for the violation.
2. Notice of Hearing. Notice of
hearing will be sent by mail, posted
on the site, or served in person
upon the violating party no less
than five (5) calendar days before
the time fixed for the hearing.
3. Hearing by City Violations Hearing
Examiner.
a. At the time stated in the
notice, the Violations Hearing
Examiner will hear all relevant
objections, protests and shall
receive testimony under oath.
Said hearings may be continued
from time to time. If
continued to a date certain, no
new posting is required.
b. Finding of a violation. If the
Violations Hearing Examiner
finds that a violation of the
ECDC exists and that there is
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sufficient cause to abate the
same, the Hearing Examiner will
prepare findings and an order
within 24 hours which shall
specify:
1) the nature of the
violation; and
2) the amount of fine per
day; and
3) the method of abatement;
and
4) the time by which
abatement is to be
completed.
D. Appeal to Superior Court. Action taken
by the Hearing Examiner constitutes a
final decision and shall be appealable
only to the Snohomish County Superior
Court, provided that any petition for
review shall be filed no later than ten
(10) working days after the service of
the written order of the Hearing
Examiner.
E. Abatement by the City. If the violation
has not been corrected by the time
ordered by the Violations Hearing
Examiner, or by the correction date
ordered by the Notice of Civil Violation,
an Abatement Notice shall be sent by mail
to the person responsible for the
violation at their last known address,
shall be posted in a conspicuous location
on the site or served personally on the
person responsible for the violation no
less than 10 working days prior to
abatement by the City. The City, its
employees or agents are expressly
authorized to enter said property for the
purposes of abatement of said
violation. The actual cost of abatement,
including any incidental cost such as,
but not limited to: staff time, legal
costs; cost of postage or service; and
any other reasonable, incidental cost
shall be calculated and added to the
monetary penalties. The City shall be
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free to employ appropriate contractors to
remedy the situation and may pass through
all costs of such contractors as
incidental costs of abatement.
F. Monetary Penalties. Violations shall be
assessed at the rate of $100 per day, or
portion of day thereof, for each and
every day after the service of the Notice
of Civil Violation, unless appealed to
the hearing examiner, in which case
violations shall be assessed at the rate
of $100 per day, or portion of day
thereof, for each and every day after the
Violations Hearing Examiner finds that a
violation exists and the hearing order
has been served. 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 an extension shall not
exceed ten (10) calendar days.
G. Collection of Monetary Penalties. The
Monetary Penalties constitute a personal
obligation of the persons to whom the
Order to Correct is directed. Any
monetary penalty must be paid to th city
of Edmonds Planning Division within 10
working days from the date of service of
the Hearing Examiner Order or as ordered
by Superior Court if the Hearing
Examiner's decision is appealed.
Section 2. This ordinance, being an exercise of a
power specifically delegated to the City legislative body, is not
subject to referendum, and shall take effect five (5) days after
passage and publication of the ordinance or a summary thereof
consisting of the title.
APPROVED:
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ATTEST/AUTHENTICATED:
n
CITY j=RK, JACOMORE G. PARRETT
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY � j
FILED WITH THE CITY CLERK: October 10, 1990
PASSED BY THE CITY COUNCIL: 0cto€per 16, 1990
PUBLISHED: October 28, 1990
EFFECTIVE DATE: November 2, 1990
ORDINANCE NO. 2801
WSS52735O —10—
STATE OF WASHINGTON,
COUNTY OF SNOHOIViISH,
j SUMMARY OF
kIJ ORDINANCE NO, 2001
ondof "CHV of
Edms Woatlin 11
n the 16111 day of oc}obor,
1990 the CRY CooWl of the Ciiy
eT E'dmond5, 4lossed Ordinpnce
No, 7801. A Surnlrlary of ilie
Content of sold ordinance,
1 as foilolws:9f the flue, PFndes
AN ORDINANCE OF THE CITY
QF EDMONDS WASHINGTON
MENDING 1 HE EDMONOI
COMMUNITY OCVELOPMFNT
CODE TO ADD A NEW
CHAPTER 2Q110 ESTABLISH,
1NG A CIVIL. VIOL.AT;ON .
ENFORCEMENT PROCEDURE.
ANO FIXfNG A TIME WREN
T 4V SAME SHALL BECOME 1
EFFECTIVE.
The full teM of this Ordinance
wlll be malted upon request,
DATED fhls 16th gly of
October 1990
JAdQUELINE G. PARRETT
City Cferk
Pubtlshed: October 28, 1990.
sa.
Affidavit of Publication
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
Court of Snohomish County and that the notice ........................................
.__Summary of Ordinance No: 2801 of the
City of Edmonds
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:
October 28, 1990
and that said newspaper was regularly distributed to its subscribers
during all of said period.
I
fir:.. i... _. ... ...........
Principal Clerk
Subscribed and sworn to before me this ...... 2 9 t.h ...........
OctoZ 90
dayof............ f ...................._.r 19.........
N 4ry PubIi in a> d for the State of Washington,
/ siding at Everett* Snohomish County.
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