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<br /> <br /> <br /> <br /> Page 5 of 5 <br /> <br />3200 Cedar Street <br />Everett, WA 98201 <br />425.257.8810 <br />8am-12pm, 1pm-3pm <br /> <br />PermitServices@everettwa.gov <br />everettwa.gov/permits <br />Code enforcement requires significant expenditures of City resources, so this new provision is designed to <br />assess the costs of enforcing the code on a property against the person responsible for the violation. Costs <br />that may be assessed include legal fees and costs, staff time, abatement costs, and actual expenses related to <br />preparing notices, inspecting the work, monitoring the property consistent with compliance orders, hauling, <br />storing, and disposing of materials, court fees, and recording costs associated with filing liens or releases of <br />liens. The City may also seek to recover damages to any public or private property arising from the violation, <br />including the cost of restoring the affected area to the condition prior to the violation. <br /> <br />E. Penalties – 1.20.190 <br /> <br />Because the focus of code enforcement is on achieving compliance, not recovering penalties, the City staff <br />has recommended an initial penalty in the amount of $250 per day/per violation. This penalty does not begin <br />to accrue unless the violator has exceeded the date set for compliance (in other words, if they achieve code <br />compliance on or before the date set for compliance, no penalty is issued). <br /> <br />For repeat violators, meaning those property owners that are observed having the same or separate violations <br />within a two-year period of the initial violation, the penalty amount is $500. <br /> <br />Due to the severity of violating a stop work order, the penalty amount for a violation of a stop work order is <br />$1,000 per day/per violation. <br /> <br />F. Collection of Penalties, Fees, and Costs – 1.20.210 <br /> <br />This new section clarifies how the City will collect any penalties, fees or costs assessed to violator. The City is <br />authorized to file a lien to recover any of the penalties, fees, or costs. This will encourage violators to pay their <br />outstanding penalties, fees or costs and creates a mechanism by which the City can eventually recover its fees <br />and costs related to the code enforcement proceedings. <br /> <br />G. Hearing Examiner Appeals – 1.20.250-.270 <br /> <br />All notice and orders and stop work orders are appealable to the hearing examiner. Only the person cited in <br />the notice and order or stop work order or the property owner subject to the notice and order or stop work <br />order may appeal. All appeals shall include a $500 appeal fee, which may be refunded if the violator withdraws <br />their appeal in writing within at least thirty (30) calendar days or if the violator successfully appeals the <br />issuance of the notice and order or stop work order. <br /> <br />Additionally, a person responsible for a code violation may request a waiver of the appeal fee on the basis of <br />financial status. EMC 1.20.270(A) includes the criteria that a person must demonstrate to have the fee waived. <br /> <br />IV. Next Steps <br /> <br />This first Council meeting is an opportunity to review the proposed ordinance and ask questions. If there are <br />requested changes or details that need to be addressed, staff will bring those back at the next meeting. Once <br />the new code has been adopted, staff will work on preparing new template forms and internal procedures to <br />ensure a smooth rollout of the new process.