§ 15.30.160. Enforcement actions and appeal procedures.

A.

In addition to notice of violation, charging document or citation or other enforcement actions, the director may issue an enforcement order to any person who violates the provisions of this chapter. The enforcement order may be issued by personal service or certified mail to the violator's last known address according to Municipal Assessor's property records, or if the violator's address or identity is unknown, by posting a dated and signed placard in a conspicuous place on each parcel of property containing the violation. The enforcement order may be issued to more than one person for the same violation, including the property owner, occupant of the property, agent of the property owner, and the person who causes or maintains the violation, for all such persons are jointly and severally liable for the violation.

B.

An enforcement order shall identify the violator and the property where the violation is located, briefly describe the nature of the violation, and list the provisions of this chapter that have been violated. The enforcement order shall require the abatement of the violation within no less than 15 days of service of the enforcement order, or the violator shall be subject to specified fines, penalties, costs and other remedies for each violation of this chapter, and for each day the violation continues. If a significant public health hazard exists, remedy may be required less than 15 days from the date of service. The enforcement order shall inform the violator that if the violation is not abated within the designated time period, and the violator does not enter into a written compliance agreement with the department which extends the abatement deadline, the municipality may abate the violation and assess the abatement costs and any administrative fees to the violator or violators, who are all jointly and severally liable. The enforcement order shall also give notice that if the violator commits a similar offense within one year of service of the enforcement order, even if the similar type of violation occurs on a different property parcel, the violator shall be subject to enhanced fines, penalties, costs and other remedies, as provided for in this chapter. A description of the Administrative Hearing Office appeal procedure shall also be provided with the enforcement order.

C.

An enforcement order is final with respect to a violator who does not appeal to the administrative hearing office within 15 days of its service in accordance with section 14.30.050, unless a written compliance agreement is entered into between the department and the violator or the violator has abated the violation to the satisfaction of the department. Once an enforcement order is final, the department may file a notice of violation of the enforcement order with and seek a compliance order from the administrative hearing office, which may include abatement of the violation if it still exists.

D.

If a timely appeal is not taken to the superior court from an administrative hearing officer's final decision, and the violator has not complied with the administrative hearing officer's compliance order, the municipality may file a civil action with the superior court to seek enforcement of the administrative hearing officer's compliance order.

E.

An enforcement order need not be issued before other legal action is commenced with respect to a violation of this chapter, including filing an original action in court. Also, the pendency of any proceeding regarding an enforcement order does not stay any other legal action with respect to a violation that is the subject of the enforcement order. Whether the department proceeds with any other legal action shall depend upon, but not be limited to, the nature of the violation, the danger to the public health which the violation presents, or the time reasonably necessary to take required action.

(AO No. 2017-161(S) , § 2, 2-27-18)