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2022/10/12 Council Agenda Packet
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2022/10/12 Council Agenda Packet
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Council Agenda Packet
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10/12/2022
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<br />calendar days from the date of mailing of the court’s decision, hearing examiner’s decision, or a <br />notice from the city that penalties are due. Any such monetary penalty, fees, and/or costs shall <br />further constitute a lien against the affected real property. The office of the city attorney is <br />authorized to take all actions available to collect the monetary penalty. <br />C. Lien Authorized. The city shall have a lien for any monetary penalty imposed, the cost of any <br />abatement proceedings under this chapter, and all related costs including attorney and expert <br />witness fees, against the real property on which the monetary penalty was imposed or any of the <br />abatement work was performed, or both. The lien shall be subordinate to all previously existing <br />special assessment liens imposed on the same property and shall be superior to all other liens, <br />except for state and county taxes, with which it shall be on parity. <br />1. The city shall cause a claim for lien to be filed for record with the Snohomish County <br />Auditor’s Office. <br />2. The claim of lien shall contain sufficient information regarding the civil violation, as <br />determined by the city, a description of the property to be charged with the lien and the <br />owner of record, and the total amount of the lien. Any such claim of lien shall be verified <br />by the city and may be amended from time to time to reflect changed conditions. <br />1.20.220 City Abatement. <br />A. Abatement. Upon prior approval by the Code Enforcement Officer, the city may abate a condition <br />which was caused by or continues to be a civil violation when: <br />1. The terms of the VCA pursuant to this chapter have not been met; or <br />2. A notice and order or stop work order has been issued, the period for filing an appeal with <br />the hearing examiner has expired, and the required correction has not been completed; <br />or <br />3. A notice and order or stop work order has been issued, a timely appeal was filed, the <br />appellant failed to appear at the scheduled hearing or a hearing was held as provided in <br />this chapter and the required correction has not been completed by the date specified by <br />an order of the hearing examiner; or <br />4. The condition is subject to summary abatement as provided for in this chapter or other <br />provisions of city or state law. <br />B. Summary Abatement. When a code violation causes a condition, the continued existence of which <br />constitutes an immediate and emergent threat to the public health, safety, or welfare or to the <br />environment, the city may summarily, and without prior notice to the person responsible, abate <br />the condition. Notice of such abatement, including the reason for it, shall be given to the person <br />responsible for the violation as soon as reasonably possible after the abatement. <br />C. Authorized Action by the City. Using any lawful means, the city may enter upon the subject <br />property and may remove or correct the condition which is subject to abatement. The city may <br />seek judicial process as it deems necessary to affect the removal or correction of such condition.
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