1.20.110 Voluntary compliance agreement.
A. Authority. When the code enforcement officer determines that a violation or probable violation has occurred, the code enforcement officer is authorized to attempt to secure prompt voluntary correction or compliance by entering into a voluntary compliance agreement with the owner of the property where the violation is occurring. A voluntary compliance agreement (VCA) may be entered into at any time before an administrative appeal is decided.
B. Content. A VCA is a written contract between the property owner and the city and signed by both parties, where the property owner agrees to abate the violation within a specified time and according to specified conditions. The VCA shall be completed on a form approved by the code enforcement officer and the office of the city attorney and shall, at minimum, include the following:
1. The address and/or location of the code violation(s).
2. A legal description of the real property or the Snohomish County tax parcel number where the violation(s) occurred or is located, or a description identifying the property by commonly used locators.
3. The name(s) of the responsible person(s) and the property owner (if different than the responsible person).
4. A description of the violation(s) and a reference to the code(s) which has been violated.
5. The necessary corrective action(s) to be taken, and the date by which the corrective action(s) must be completed.
6. An agreement by the property owner that the city may inspect the premises as may be necessary to determine compliance with the VCA.
7. An acknowledgement by the property owner that if the city determines that such person does not meet the obligations specified in the VCA, the following may occur:
a. The city may impose any remedy authorized by this chapter, including issuance of civil penalties and assessment of all costs and expenses incurred by the city to pursue code enforcement;
b. The city may initiate criminal code enforcement proceedings against the owner for violation of any applicable code provision;
c. The city may enter the property and perform abatement of the violation by the city, and assess the costs incurred by the city to pursue code compliance and to abate the violation, including reasonable legal fees and costs, all without having to obtain a warrant or other court order;
d. If a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the city may charge the unpaid amount as a lien against the property where the code violation occurred, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation(s);
e. That by entering into the VCA, the property owner thereby admits that the conditions described in the VCA existed and constituted code violation(s); and
f. The city may suspend, revoke, or limit any development permit obtained or to be sought by the person responsible for the code violation(s).
8. A statement that in consideration of the city’s agreement to enter into a VCA, the property owner understands that such person has the right to be served with a notice and order or stop work order for any violation identified in the VCA, has the right to administratively appeal any such notice and order or stop work order, and is knowingly and intelligently waiving those rights. The VCA is a final, binding agreement, it is not a settlement agreement, and its contents are not subject to appeal. (Ord. 3901-22 § 2 (Exh. A), 2022.)