1.04.050 Notice and order of code violation.
A. Whenever a code violation has occurred or is occurring, a department director may, but is not required to, attempt to achieve voluntary correction of that violation by sending to the responsible party a written notice and order of code violation; provided, that an attempt to achieve voluntary correction shall not be required whenever:
1. The violation creates conditions that cannot be corrected;
2. The responsible party is a repeat offender for the same and/or similar issue(s);
3. The responsible party cannot be contacted or refuses to communicate or cooperate with the city; or
4. Any other situation for which the department director determines in his/her sole discretion that issuance of a notice and order of code violation would be inappropriate or otherwise unnecessary.
B. The notice and order of code violation shall contain:
1. The name and address of the responsible party;
2. The street address or other description sufficient to identify the premises or property where the violation has occurred or is occurring;
3. A description of the violation and citation to the applicable code provision(s);
4. The necessary corrective action to be taken, and the date by which the corrective action must be completed;
5. A copy of any voluntary correction agreement proposed by the city in accordance with this chapter;
6. Notice that if voluntary correction is not achieved within the deadline, the city may issue a civil infraction, impose civil penalties, issue a criminal citation, and/or commence abatement proceedings;
7. A statement indicating that the city may seek to recover from the person to whom the notice and order of code violation is issued, the costs to the city of any abatement action taken;
8. The signature of the code enforcement officer issuing the notice and order of code violation and contact information for that officer; and
9. Notice of the right to appeal the department director’s determination.
C. The notice and order of code violation shall be served upon the responsible party either by personal service or by mailing a copy of the notice and order by regular U.S. first class mail to the person’s last known address. If the responsible party cannot be personally served within Snohomish County and if the address of the responsible party cannot be reasonably ascertained, notice shall be served by posting a copy of the notice and order of code violation conspicuously on the subject property or a structure located thereon, or in the right-of-way on which the property abuts. Service shall be deemed effective upon personal service, or three business days following placement of the notice and order in the U.S. mail, postage prepaid, or upon posting of the notice upon the property.
D. The department director may grant an extension of the deadline for the required corrective action if the department director determines that (1) the responsible party has demonstrated due diligence or made substantial progress in correcting the violations, or (2) unforeseen circumstances, approved by the department director, render correction unattainable within the deadline stated in the order of corrective action.
E. The original deadline for corrective action or other compliance may be revoked or amended, or immediate corrective action required, where in the opinion of the department director immediate corrective action is necessary to avoid an imminent risk of injury to person or property. (Ord. 017/2020 § 1 (Exh. A))