(A0416-06)
(a) 
Civil fines and civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a citation, notice and order to correct, voluntary compliance agreement or cease and desist order pursuant to provisions of Section 1-8 of the Revised Ordinances of the City of Everett; unless otherwise stated or superceded by state or federal law.[1]
[1]
Editors note: the phrase “unless otherwise stated” was added to provide for stated fines appearing elsewhere in Chapter.
(b) 
For the purposes of this section, previous similar code violations that can serve as a basis for a higher level of civil penalties include violations of the same chapter of the City Ordinances. Any stop work order or notice and order to correct previously issued by the department shall not constitute a previous code violation for the purposes of this section if that cease and desist order or notice and order to correct was appealed and subsequently reversed.
(c) 
The penalties assessed pursuant to this chapter for any failure to comply with a notice and order to correct or voluntary compliance agreement shall be assessed daily for the first thirty days following the date the notice and order to correct or voluntary compliance agreement required the code violations to have been cured. If after thirty days the person responsible for code compliance has failed to satisfy the notice and order to correct or voluntary compliance agreement, penalties shall be assessed daily at a rate of double the rate for the first thirty days. Penalties may be assessed daily until the person responsible for code compliance has fully complied with the notice and order to correct.
(d) 
Penalties based on violation of a cease and desist order shall be assessed for each day the department determines that work or activity was done in violation of the cease and desist order.
(e) 
Citations shall be subject to a one-time penalty only.
(f) 
The director may suspend the imposition of additional civil penalties if the person responsible for code compliance has entered into a voluntary compliance agreement. If the person responsible for code compliance enters into a voluntary compliance agreement and cures the code violations, the director may also waive all or part of the accrued civil penalties. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, or if corrective action identified in the voluntary compliance agreement is not completed as specified.
(A0416-06)
(a) 
For the purposes of assessing civil fines and penalties, “found in violation” means that:
(1) 
Citation, notice and order to correct or cease and desist order has been issued and not timely appealed; or
(2) 
A voluntary compliance agreement has been entered into; or
(3) 
The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal.
(A0416-06)
(a) 
Persons responsible for code compliance have a duty to notify the director of any actions taken to achieve compliance with the notice and order to correct.
(b) 
For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for code compliance has come into compliance with the notice and order to correct, voluntary compliance agreement, or cease and desist order and has notified the director of this compliance.
(A0416-06)
(a) 
Fines and penalties, in whole or in part, may be waived or reimbursed to the payer by the director, with the concurrence of the City Treasurer and City Auditor under the following circumstances:
(1) 
The citation, notice and order to correct or cease and desist order was issued in error;
(2) 
The civil fines or civil penalties were assessed in error; or
(3) 
Notice failed to reach the property owner due to unusual circumstances.
(b) 
Fines and penalties, in whole or in part, may be waived by the director, with the concurrence of the City Treasurer and City Auditor under the following circumstances:
(1) 
The code violations have been cured under a voluntary compliance agreement;
(2) 
The code violations which formed the basis for the civil penalties have been cured, and the director finds that compelling reasons justify waiver of all or part of the outstanding civil penalties; or
(3) 
Other information warranting waiver has been presented to the director since the citation, notice and order to correct or cease and desist order was issued.
(c) 
The director shall document the circumstances under which a decision was made to waive penalties and such a statement shall become part of the public record unless privileged.