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A. Authority. The code enforcement officer may determine, based upon information derived from sources including but not limited to field observations, the statements of witnesses, relevant documents, and data systems for tracking violations and applicable city codes and regulations, whether a violation has occurred. Once the code enforcement officer has reasonable cause to determine that a violation has occurred, the violation shall be documented, and code enforcement officer may conduct or take all appropriate or necessary inspections, investigations and actions. The code enforcement officer shall not be required to notify any person when the code enforcement officer determines that no violation has occurred.

B. Enforcement Actions. In order to promote compliance with the code and/or to discourage public nuisances, the code enforcement officer may, in accordance with applicable law and in response to inspections, field observations, reports, investigations or reliable complaints, determine that violations of the code have occurred or are or may be occurring, and may take the following enforcement actions, in whole or in part, and in any order appropriate to the violation:

1. Corrective action notice.

2. Voluntary compliance agreement.

3. Notice and order.

4. Stop work order.

5. Suspend, revoke, or modify any permit, license or approval.

6. Impose fines, penalties, and/or recover costs incurred by the city.

7. Criminal enforcement.

C. Criteria for Determination. When determining what kind of enforcement action to take, the code enforcement officer may consider a number of relevant factors and criteria, including but not limited to life safety considerations, the severity of the public impact of the violation, the time and cost to abate the violation, the likelihood to recover any costs of abatement, and the available city resources to abate the violation.

D. Enforcement Actions in Writing. All enforcement actions will be in writing unless otherwise provided in this chapter. Failure to use a specific form or type of enforcement action as described herein, or minor defects in the form of such enforcement action, shall not affect the validity thereof.

E. Service. Service of enforcement actions issued pursuant to this chapter shall be made using one or more of the following methods; except that civil and criminal infractions and citations shall be served as provided in Chapter 7.80 RCW as applicable:

1. Personal service is accomplished by (a) handing the document to the person subject thereto; or (b) leaving it at the person’s last known dwelling house or usual place of abode with a person of suitable age and discretion then residing therein; or (c) leaving it at the person’s office or place of employment with a person in charge thereof. Personal service is complete immediately upon completion of any one of the actions specified above.

2. Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting is complete immediately upon completion of the action specified above.

3. Service by mail is accomplished by placing the document in first-class mail, postage prepaid, to the last known address of the person to whom the document is directed. Service by mail shall be deemed complete three business days following the date of mailing. The last known address shall be any of the following: (a) address provided to the city by the person to whom the document is directed; (b) the address on file with the city at the time the document is mailed; (c) the address of the property where the violation is occurring; or (d) the address shown on the official property tax information website for Snohomish County, Washington State Department of Licensing, or Washington Secretary of State Office.

4. Overnight service is accomplished by placing the document, delivery prepaid, with an overnight service bearing a delivery address listed in subsection (E)(3) of this section. Overnight service shall be deemed complete the following day.

5. Service by publication is accomplished by publishing the document pursuant to RCW 4.28.100 and 4.28.110, as now or hereafter amended. Service by publication shall be deemed complete upon final publication as set forth in RCW 4.28.110.

F. Proof of Service. Proof of service may be made by written affidavit or declaration under penalty of perjury by the person effecting service, declaring the time, date and manner thereof. If service is made solely by posting or publication, proof of service shall include a statement as to what steps were used in attempting to serve personally or by mail. The city shall take and retain a photograph of the document if service is made by posting. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service, nor the document so served.

H. Administrative Conferences. An informal administrative conference may be conducted by the city at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. (Ord. 3901-22 § 2 (Exh. A), 2022.)