Article II

Notices Of Violation, Administrative Citations And Code Enforcement Procedures

• A. This article provides for the issuance of notices of violation, administrative citations, and other enforcement procedures available to the city, which are in addition to all other legal remedies, civil or criminal, which may be pursued by the city to address any violation of this code, the state codes, and any applicable uniform codes.

• B. Use of this article shall be at the sole discretion of the city. (Formerly 1.17.070; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

• A. A notice of violation is a warning issued to a responsible party, informing the responsible party that a code violation has occurred.

• B. A notice of violation shall include the following information:

  1. The name of the responsible party, if known;

  2. The physical address containing the code violation, if the code violation relates to real property;

  3. The code section(s) violated or in violation;

  4. A time frame in which the responsible party must correct the violation to avoid issuance of an administrative citation if the violation is ongoing in nature, or a warning that successive violations will result in the issuance of an administrative citation if the violation is temporary in nature.

• C. Use of the notice of violation procedure under this section is at the discretion of the code enforcement official. For code violations that constitute a likely threat to the public health, safety, or welfare, or those that are willfully committed, or are egregious in nature, the code official may immediately issue an administrative citation and impose fines or penalties, and a separate notice of violation need not first be issued.

• D. A notice of violation may be recorded against the real property upon which the code violation(s) occurred, and which are ongoing.

• (Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

• A. An administrative citation is a written citation issued by the city to a responsible party in response to a code violation that either: (1) has not been corrected, or occurs again after a notice of violation has been issued for the violation at issue; or (2) is of a nature described in HMC § 1.17.110(C); and which imposes fines or penalties associated with the code violation.

• B. Whenever a code enforcement official determines that a code violation has occurred, the code enforcement official shall have the authority to issue an administrative citation to any responsible party.

• C. Each administrative citation shall contain the following information:

  1. The date the violation occurred, or if the date of the violation is unknown, then the date the violation is identified or observed;

  2. The physical address or a definite description of the location where the violation occurred;

  3. The code section which has been violated and a description of the nature of the violation;

  4. The amount of the fine for the code violation;

  5. A description of the fine payment process, including a description of the time within which, and the place where, the fine shall be paid;

  6. An order prohibiting the continuation or repeated occurrence of the code violation described in the administrative citation;

  7. A description of the administrative citation review process, including the time within which the administrative citation may be contested and the place from which forms required to contest the administrative citation may be obtained; and

8. The name and signature of the code enforcement official.

(Formerly 1.17.080; Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)

• A. A notice of compliance and satisfaction is a written notice provided by the city that a code violation for which an administrative citation has been issued has been corrected by the responsible party, and all attendant fines or fees have been paid. The notice of compliance shall contain the information included in the administrative citation set forth in HMC § 1.17.120(C)(1) through (4).

• B. If recorded, the notice of compliance and satisfaction shall cancel a previously recorded notice of violation and/or a code enforcement assessment or code enforcement lien regarding the same code violation(s).

• C. On the date set forth in the notice of violation or administrative citation, the city shall reinspect the property or area that is the subject of the notice of violation or administrative citation. The reinspection shall be conducted to determine whether the code violations have been corrected and whether all necessary permits have been issued and final inspections have been performed, as well as to determine whether all fines and/or fees have been paid in full.

• D. If, upon reinspection, the city determines that the violation(s) listed in a notice of violation or administrative citation have been completely corrected and all attendant fines or penalties have been paid in full, the city shall issue the responsible party a written notice of compliance and satisfaction.

• E. If the city declines to issue a notice of compliance and satisfaction due to failure by the responsible party to correct the code violation(s) and pay related fines and fees in full, the city shall serve the responsible party with a written explanation within 15 days after

  • determining that compliance has not been achieved, setting forth the reasons for the denial. The written explanation shall be served pursuant to HMC § 1.17.090. This written explanation may be in the form of a subsequent administrative citation for failure to comply with the prior notice of violation or administrative citation.

• F. Per-day fines for noncompliance imposed pursuant to HMC § 1.17.140(C) shall not be levied for the time period commencing on the date of reinspection and terminating on the date of service of the determination of compliance or the denial of the determination of compliance. Per-day fines for noncompliance may thereafter be imposed for each day of noncompliance occurring after the denial of the determination of compliance, commencing on the first full day after the determination of compliance is denied.

• (Ord. 06-11 § 1, 2006; Ord. 08-08 § 1, 2008)