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A. Monetary Penalty for Noncompliance. A monetary penalty shall accrue for each day or portion thereof that each violation continues beyond the date for compliance set in a notice and order or any hearing examiner’s decision. Unless a different penalty amount for a given violation is expressly authorized or required by a more specific city code provision, the maximum daily penalty and the default amount shall be two hundred fifty dollars per violation, per day, not including fees, costs, and assessments.

B. Monetary Penalty for Repeat Violations. A monetary penalty shall accrue for each day or portion thereof that each violation continues beyond the date for compliance set in a notice and order or any hearing examiner’s decision. The maximum daily penalty and default amount for issuance of a notice and order or hearing examiner’s decision related to a repeat violator shall be five hundred dollars per violation, per day.

C. Monetary Penalty for Failure to Comply With VCA. A monetary penalty for failure to comply with a VCA shall be assessed in the amount of two hundred fifty dollars, per violation per day, with the number of violations multiplied by the number of days of noncompliance, dating back to the date of the initial violation.

D. Monetary Penalty for Failure to Comply With Stop Work Order. A monetary penalty for failure to comply with a stop work order shall be assessed in the amount of one thousand dollars, per violation, per day, with the number of violations multiplied by the number of days the code enforcement officer determines that work or activity was done in violation of the stop work order.

E. Payment. Civil penalties shall be paid within the period specified in the notice and order or stop work order if not appealed.

F. Monetary Penalty Appeal Process. The responsible party identified in the enforcement action shall be afforded the opportunity to an administrative hearing to contest the code enforcement officer’s determination to levy the monetary penalty provided for in this section.

1. Notice of Assessment. If the subject property is not brought into compliance pursuant to an enforcement action, or a hearing examiner’s decision, the code enforcement officer shall issue a notice of assessment identifying the penalties imposed under this chapter for any remaining uncorrected violations. Notices of assessment shall be served pursuant to EMC 1.20.080(E).

2. Assessment Appeal. The responsible party receiving a notice of assessment may appeal only the penalties stated therein within fourteen days after the notice of assessment is served.

3. Appeal Procedure. The responsible party’s written request for hearing shall follow the procedures established in EMC 1.20.250 through 1.20.260, including payment of the appeal fee.

4. Failure to Appeal. Failure to submit a timely appeal shall be deemed a failure to exhaust administrative remedies and shall preclude any further review of (a) whether the violations as identified in the notice of assessment had been corrected as of the date of issuance of the notice of assessment; and (b) whether the penalties for such violations were properly imposed in the notice of assessment based on such violations. Failure to appeal does not preclude review of whether violations were corrected after issuance of the notice of assessment as set forth in subsection (F)(5) of this section.

5. Appeal Hearing. The administrative hearing will be held before the hearing examiner. The hearing examiner shall issue a written decision sustaining the penalty assessment for each violation still outstanding and terminating the assessment for each corrected violation, with the penalty assessment for the corrected violations assessed and calculated to the termination date, which is defined as the date the correction occurred. The decision of the hearing examiner shall be final and conclusive unless appealed. Any judicial review of the hearing examiner’s order shall be brought in superior court pursuant to Chapter 36.70C RCW.

6. Request for Review/Updated Notices of Assessment. If the responsible person believes that some or all of the violations upon which a notice of assessment was based have been corrected since the issuance of the notice of assessment, the responsible person shall provide written notice thereof to the code enforcement officer. The code enforcement officer shall inspect the subject property and shall either (a) provide for termination of the notice of assessment as of the date of the inspection if all violations have been corrected, or (b) provide an updated notice of assessment for all remaining uncorrected violations. Each updated notice of assessment may be appealed in the same manner as described in subsections (F)(2) through (5) of this section; provided, however, that any such appeal shall be limited to only those penalties incurred since the issuance of the preceding notice of assessment. (Ord. 3901-22 § 2 (Exh. A), 2022.)