1.20.120 Notice and order.
A. Authority. Whenever the code enforcement officer has reason to determine that a code violation occurred or is occurring, or that the terms of a VCA have not been met, or the person responsible has decided not to enter into a VCA, the code enforcement officer is authorized to issue a notice and order to any person responsible for the code violation. Repeat violations shall be treated as new violations for purposes of this section.
B. Effect and Enforcement Status. A notice and order shall take effect immediately upon service. The city may enforce a notice and order pursuant to any provision of this chapter and enforce it in superior court. The notice and order may be appended to or incorporated by reference in any other enforcement action. The notice and order shall be subject to immediate enforcement by the city police as necessary.
C. Contents. The notice and order shall contain the following information:
1. The address, when available, or location of the violation(s);
2. A legal description of the real property or the Snohomish County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators;
3. The name(s) of the persons responsible for the violation and the property owner (if different than the responsible person);
4. A concise description of the violations and a reference to each specific provision(s) of the code, regulation, permit condition, notice and order provision, or stop work order that was or is being violated;
5. A statement of the corrective or abatement action(s) required to be taken and that all required permits (if applicable) to perform the corrective action must be obtained from the proper issuing agency;
6. A statement advising that if any required work is not commenced or completed within the time specified by the notice and order the city may proceed to abate the violations;
7. A statement advising that if the required work is not commenced or completed within the time specified by the notice and order, the responsible person shall be subject to a civil penalty pursuant to EMC 1.20.190, which will be assessed per each day or portion thereof that each violation continues beyond the date set for compliance until compliance with the notice and order is achieved;
8. A statement that payment of the civil penalties assessed does not relieve a person found to be responsible for a code violation of the duty to correct the violation and/or to pay any and all other cost assessments issued;
9. A statement advising that if any assessed penalty, fee, or cost is not paid on or before the due date, the city may charge the unpaid amount as a lien against the property where the code violation occurred;
10. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order to the hearing examiner within fourteen days of the date of service of the notice and order;
11. A statement advising that a failure to appeal the notice and order within fourteen days of the date of the notice and order renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation;
12. A statement advising the person named in the notice and order has the duty to notify the code enforcement officer of any actions taken to achieve compliance with the notice and order;
13. A statement advising that failure to comply with the notice and order may be referred to the office of the city attorney for appropriate legal action; and
14. Any other information the code enforcement officer deems relevant. (Ord. 3901-22 § 2 (Exh. A), 2022.)