1.20.180 Recovery of enforcement costs.
A. Authority. Any person responsible for a violation of this code may be assessed costs as provided in this section.
B. Costs. The code enforcement officer may assess the following costs and charges for any enforcement actions, investigations, and corrective actions taken under this chapter:
1. Reasonable legal fees and costs which shall include, but are not limited to, legal personnel costs and expert witness fees, both direct and related, incurred to enforce the provisions of this chapter as may be allowed by law;
2. Personnel costs which shall include, but are not limited to, administrative employee costs, and law enforcement or related enforcement agencies costs, both direct and related, incurred to enforce the provisions of this chapter;
3. Abatement costs as itemized by the city when undertaking an abatement of a violation under this chapter; and
4. Actual expenses and costs of the city in preparing notices, specifications, and contracts; in accomplishing or contracting and inspecting the work; monitoring the property consistent with the orders of compliance; hauling, storage, disposal expenses; the costs of any required printing, mailing, or court filing fees; and the costs of recording any liens or releases of liens on title.
C. Payment Due. Such costs are due and payable thirty days from mailing of the invoice.
D. Damages. In addition to any penalties or costs that may be imposed, any person violating or failing to comply with any of the provisions of this code shall be liable for all loss or damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. Administrative costs will be charged as fifteen percent of the total amount of liability for costs, expenses, losses, or damages to the city occasioned thereby. This clause does not establish a cause of action that may be asserted by any party other than the city. Penalties, damage, costs, and expenses may be recovered only by the city.
E. Special Assessment. Pursuant to RCW 35.21.955, the city may levy upon the property subject to an enforcement action a special assessment for the expense of any abatement undertaken, or unpaid fines, penalties, and costs issued pursuant to this chapter.
1. Prior to levying the special assessment authorized in this subsection (E), the city shall provide the owner and any identifiable mortgage holder with ten days’ advance written notice that a special assessment will be levied on the property. The notice shall provide the estimated amount of the special assessment. The notice shall be sent by regular mail.
2. The special assessment authorized by this section constitutes a lien against the property and is binding upon successors in title only from the date the lien is recorded in the county where the affected real property is located.
3. Upon certification to the county treasurer by the city treasurer of the special assessment amount due and owing, the county treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the city. The lien shall be of equal rank with the state, county and municipal taxes. (Ord. 3901-22 § 2 (Exh. A), 2022.)