This chapter shall be known as the enforcement procedures ordinance of the city of Raymond, referred hereinafter as "this chapter."
(Ord. 1913 § 2, 2022)
The provisions of this title shall apply to the enforcement of RMC Title 6, Animal Control; Title 8, Health and Safety; Title 15, Unified Development; and Title 16, Building and Construction, unless specifically addressed elsewhere in this code.
(Ord. 1913 § 2, 2022)
The purpose of this chapter is: to establish an effective and efficient system to enforce regulations of the city of Raymond, to provide an opportunity to correct alleged violations of such regulations, to establish monetary penalties for violations as authorized by RCW 35A.11.020, to provide for an appeal process on an alleged violation, and to establish a standard procedure to be used by the city to abate unsafe or unlawful conditions.
(Ord. 1913 § 2, 2022)
In the event of a conflict between this chapter and any other provision of this code or city ordinances providing for a civil penalty, this chapter shall control.
(Ord. 1913 § 2, 2022)
For the purposes of this code, whenever the terms "civil infraction" and "civil penalty" are used in any code, ordinance, or regulation of the city, those terms shall be deemed to have the same meanings as the terms "civil violation" and "monetary penalty," respectively, as used herein.
(Ord. 1913 § 2, 2022)
If any one or more sections, subsections, or sentences of this title are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this title and the same shall remain in full force and effect.
(Ord. 1913 § 2, 2022)
The provisions of this title are not exclusive and may be used in addition to other enforcement provisions authorized by this code, except as precluded by law.
(Ord. 1913 § 2, 2022)
Any term not herein defined shall have its customary or commonly accepted meaning.
"Abate"
means to remedy a condition which constitutes a civil violation or an unsafe condition by such means, in such a manner, and to such an extent as the city official determines is necessary in the interest of the general health, safety, and welfare of the community.
"Act"
means do or perform something; anything done, being done, or to be done; performance; deed.
"Certificate of complaint"
means a document filed with the Pacific County auditor, stating that a property or person has been determined to be in violation of a relevant title of this code.
"Civil infraction"
means a noncriminal violation for which a monetary penalty ("civil penalty") may be imposed as specified in this title. Each day or portion of a day during which a violation occurs is a separate violation. Also termed "civil violation."
"Civil penalty"
means a financial penalty or fine imposed as restitution for violation(s) of a relevant city code. Also termed "monetary penalty."
"Civil violation"
means a noncriminal violation for which a monetary penalty ("civil penalty") may be imposed as specified in this title. Each day or portion of a day during which a violation occurs is a separate violation. Also termed "civil infraction."
"Development"
means the erection, alteration, enlargement, construction, relocation, demolition, maintenance, or use of any structure; or the division, alteration, or use of land above, at, or below ground or water level; or any change in the use of land, a building, or a structure that requires a permit; and all acts authorized by a city permit or regulation.
"Emergency"
means a situation where a city official determines that immediate action is required to prevent or eliminate threat to the health, safety, or welfare of persons or property or to the environment. Also termed "unsafe condition."
"Monetary penalty"
means a financial penalty or fine imposed as restitution for violation(s) of a relevant city code. Also termed "civil penalty."
"Omission"
means the failure to act.
"Owner"
means any person, including any natural person or entity having legal interest in real estate as indicated in the records of the Pacific County tax assessor, or who establishes his or her ownership interest therein.
"Person"
means any individual or any entity, whether public or private.
"Person responsible"
means any person required by the applicable regulation to comply therewith, normally the owner(s) of the property where a civil violation may occur, is occurring, or did occur. Also termed "responsible party."
"Public official"
means, for purposes of this chapter, the mayor or any designated alternate empowered by ordinance or by the mayor to enforce a city of Raymond ordinance or regulation, including but not limited to the clerk/treasurer, fire chief, building official, police chief, or their respective designees.
"Regulation"
means and includes the following as now or hereafter amended:
1. 
RMC Title 6, Animals; Title 8, Health and Safety; Title 15, Unified Development Code; and Title 16, Building and Construction, unless specifically addressed elsewhere in this code.
2. 
All standards, regulations, and procedures adopted pursuant to the above.
3. 
The terms and conditions of any permit or approval issued by the city, or any concomitant agreement with the city pursuant to any title identified in RMC § 11.04.015.
"Repeat offender"
means a responsible party that has been issued two or more notices of violation or notices of violation and abatement or a combination thereof, as defined in this title, within a period of 12 months. Also refers to a tax parcel where multiple violations occur within 12 months.
"Responsible party"
means any person required by the applicable regulation to comply therewith, normally the owner(s) of the property where a civil violation may occur, is occurring, or did occur. Also termed "person responsible."
"Unsafe condition"
means a situation where a city official determines that immediate action is required to prevent or eliminate threat to the health, safety, or welfare of persons or property or to the environment. Also termed "emergency."
"Violation"
means an act or omission contrary to a city of Raymond regulation. Also, a condition resulting from such act or omission.
"Violation, repeat"
means, except as noted below, a violation of the same regulation in any location by the same person within the immediately preceding 12-consecutive-month period.
"Violation, repeat – nuisance"
means a violation of the same regulation found in RMC Title 8, Health and Safety, in any location by the same person within the immediately preceding 12-consecutive-month period, and for which a notice of violation or a notice of violation and abatement or a combination thereof has previously been issued.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
Issuance. When the public official determines that a violation has occurred or is occurring the public official may issue a notice of infraction to the person responsible for the violation pursuant to RMC § 1.16.020. Such violations are Class 1 civil infractions. Each violation will be punished by a fine of $250. Each day that the violation has occurred is a separate violation. The public official may also begin proceedings for the civil violation in accordance with RMC Title 11.
(Ord. No. 1946, 7/7/2025)
A. 
Applicability. When the public official determines that purposes of an ordinance will be best served through a voluntary compliance agreement between the city and the person responsible for a violation of a regulation, the city may enter into such an agreement.
B. 
Requesting Voluntary Compliance. The public official may, but is not required to, pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the violation, explaining the violation, and requesting correction.
C. 
Voluntary Compliance Agreement. The voluntary compliance agreement is a contract between the city and the person responsible for the violation. In this contract the person responsible agrees to abate the violation within a specified time and according to specified terms. The city may assess a fee for the preparation of the a voluntary compliance agreement or for the extension thereof. The voluntary compliance agreement shall include the following:
1. 
Name and address of the person(s) responsible for the violation.
2. 
Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring.
3. 
Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated.
4. 
Description of the necessary corrective action(s) required to abate the public nuisance or unsafe condition, and the date(s) and time(s) by which corrective action(s) must be completed.
5. 
Statement that if any term of the voluntary compliance agreement is not met, the person responsible for the violation agrees the city of Raymond may abate the violation and recover its costs and expenses and assess the person responsible a monetary penalty pursuant to this title.
6. 
Identification of the department investigating the case, name of the case manager, and contact information.
D. 
Time Extension. An extension of the time limit for correction or a modification of the required corrective action(s) may be granted by the public official if the official determines the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original terms of the voluntary compliance agreement unattainable.
E. 
Abatement by the City. The city may abate the violation in accordance with RMC § 11.04.070 if any term of the voluntary compliance agreement is not met.
F. 
Assessment of Penalties and Costs. If any term of the voluntary compliance agreement is not met, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction to be completed as stated in the agreement and thereafter in accordance with RMC § 11.04.060(D) through (I), plus any actual costs and expenses of abatement incurred by the city, as set forth in RMC § 11.04.060.
(Ord. No. 1946, 7/7/2025;Ord. 1913 § 2, 2022)
A. 
When a public official has a reasonable belief that a violation has occurred or is occurring, the public official may issue a notice of violation and order. This notice shall clearly describe the code violation(s), required corrective action(s) to abate the violation, schedule of performance, and alternative actions available to the responsible party and the city.
B. 
The notice of violation and order shall contain the following:
1. 
Name and address of the person responsible for the violation.
2. 
Street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring.
3. 
Description of the violation(s) and a reference to the provision(s) of this code, ordinance, or regulation that has been violated.
4. 
Description of the necessary corrective action(s) required to abate the public nuisance or unsafe condition, which may include corrections, repairs, demolition, removal, or any other appropriate action and a reasonable deadline for achieving such action(s).
5. 
Statement that if the required corrective action(s) are not completed by the deadlines provided in the notice of violation and order, that the city may abate the violations in accordance with the provisions of this section and that civil penalties may be imposed for non-compliance.
6. 
Statement that the responsible party to whom a notice of violation and order is directed may request an appeal proceeding by the Raymond hearing examiner by means of a notice of appeal pursuant to RMC § 11.04.065(A). Such notice must (1) be in writing, (2) be received by the city clerk no later than 14 calendar days after the notice of violation and order has been issued, (3) strictly comply with the requirements of RMC § 11.04.065, and (4) be accompanied by the required appeal fee.
7. 
Statement that if the responsible party to whom the notice of violation and order is issued fails to submit a notice of appeal within 14 calendar days of issuance or fails to voluntarily abate the nuisance within the time specified in the notice of violation and order, the city may abate the nuisance.
8. 
Statement that all actual costs and expenses of abatement incurred by the city may be assessed against the owner of the abated property named in the notice of violation and abatement, and further that failure to pay said costs may result in a lien against the property.
9. 
Identification of the department investigating the case, name of the case manager, and contact information.
C. 
Service. The notice of violation and order must be served upon the person responsible for the violation, and if the owner of the relevant property is not the person responsible for the violation, then also upon the owner. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, how the service was made, and if service was made by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail. Service shall occur using one of the following methods:
1. 
By mailing, via both regular first-class mail and certified or registered mail, to the address of the property owner as indicated in the records of the Pacific County tax assessor, and to the address of the person responsible at their last known address; or
2. 
By personal service; or
3. 
If the person to whom it is directed cannot, after due diligence, be personally served within Pacific County and if an address for mailed service cannot, after due diligence, be ascertained, then notice shall be served by posting a copy of the notice of violation and order in a prominent location on the affected premises in a conspicuous manner that is reasonably likely to be discovered.
D. 
Extension. No extension of the time frame for corrective action specified in the notice of violation and order or a modification of the required corrective action(s) may be granted, except by order of the public official. Any extension or modification should be granted only if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation but unforeseen circumstances render correction under the original terms of the notice unattainable.
E. 
The city may abate the violation and collect costs and expenses in accordance with RMC § 11.04.070 through 11.04.085 if required corrective action is not completed as specified in the notice of violation and order.
F. 
Monetary Penalties. If the required corrective action is not completed by the responsible party as specified in the notice of violation and order and the city does not yet desire to use public resources to abate the property, the person responsible for the violation shall be assessed a monetary penalty commencing on the date set for correction to be completed and thereafter in accordance with RMC § 11.04.060(D) through (I), plus any actual costs and expenses of abatement incurred by the city, as set forth in RMC § 11.04.075.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
Any person who violates any of the provisions of this chapter, at the discretion of the public official, may be assessed monetary (civil) penalties before the city initiates the abatement process referenced in this chapter.
B. 
The notice of civil penalty shall be served pursuant to the procedures described in RMC § 11.04.055(C).
C. 
The notice of civil penalty shall contain the following:
1. 
Address of the site.
2. 
Specified time frame for correcting the violation as was set forth in the notice of violation and order.
3. 
Statement that civil penalties have been imposed, setting forth the date such monetary penalties began or will begin, usually the first day of service.
4. 
Statement that civil penalties will continue to accumulate in the amounts specified in this chapter until the nuisance or hazard condition is corrected.
5. 
Abatement procedure(s) that may be implemented by the city if civil penalties in excess of $5,000 are assessed in trying to correct the condition.
6. 
Identification of the department investigating the case, name of the case manager, and contact information.
D. 
Maximum Monetary Penalty. The maximum monetary (civil) penalty for each separate violation per day or portion thereof shall be as follows:
1. 
First day of each violation (the first day is the date of service): $100.00.
2. 
Second day of each violation: $200.00.
3. 
Third day of each violation: $300.00.
4. 
Fourth day of each violation: $400.00.
5. 
Each additional day of each violation beyond four days: $500.00 per day.
E. 
Civil penalties will continue to accumulate until the condition is completely abated, and if the total assessed penalty exceeds $1,000, the public official may decide to initiate an abatement proceeding, as provided in this chapter. At such time that the assessed civil penalty exceeds $1,000, a certificate of complaint may be filed with the Pacific County auditor to be attached to the title of the property. A copy of the certificate of complaint shall be sent to the property owner, and if it is determined that there are other parties of interest, then to those individuals as well.
F. 
Each day that a property is not in compliance with the provisions of this chapter may constitute a separate violation of this chapter.
G. 
The city attorney may negotiate a settlement, compromise, or otherwise dispose of an issued monetary penalty when to do so would be in the best interest of the city.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
Right to Appeal.
1. 
A person to whom the city has issued a notice of violation and order pursuant to RMC § 11.04.055 or a notice of civil penalties pursuant to RMC § 11.04.060, or any other person with a legal or equitable interest in the property that is the subject of such a notice, may request an appeal proceeding before a hearing examiner by filing a notice of appeal with the city clerk. Such notice of appeal must be in writing and must be received by the city clerk no later than 14 calendar days after the said notice is issued.
2. 
A person to whom a notice of civil penalty has been issued pursuant to RMC 11.04.060(B) through (G), or any other person with a legal or equitable interest in the property that is the subject of such a notice, may request an appeal proceeding before a hearing examiner by filing a request with the city clerk by means of a notice of appeal. Such notice must be in writing and must be received by the city clerk no later than 14 calendar days after the said civil penalty is issued.
B. 
Each notice of appeal shall contain the name, address, and telephone number of the person requesting the appeal and the name, address, and telephone number of any person who will be present to represent him or her at the appeal proceeding.
C. 
Each notice of appeal shall set out the basis or bases for the appeal.
1. 
A notice of violation and order issued pursuant to RMC § 11.04.055 or a notice of civil penalty issued pursuant to RMC § 11.04.060 may be appealed to the hearing examiner. The appeal of a notice of violation and order may contest that a violation occurred and/or the corrective action ordered. Failure to appeal the notice of violation and order waives the right to contest that a violation occurred or the corrective action ordered during an appeal of the civil penalty.
2. 
Because the owner or the person responsible for a violation has an opportunity to appeal the notice of violation and order, before any civil penalties are imposed, a hearing regarding civil penalties shall not provide another opportunity to challenge the legality or validity of the underlying violation, the required corrective action(s), or the required schedule for abatement.
D. 
If a notice of appeal is received by the city, within 14 calendar days the public official shall mail a notice of appeal proceeding, giving the time, location, and date of the appeal proceeding, by regular first-class mail to the person(s) to whom the notice of violation and order or notice of civil penalty was directed.
E. 
If an appeal is filed timely and completely, the hearing examiner will conduct the appeal proceeding required by this chapter no more than 14 calendar days after the public official issues the notice of appeal proceeding, unless the hearing examiner or public official finds good cause to continue the matter to another date.
F. 
Appeal Proceeding. The public official, as well as the person to whom the relevant notice was directed, may participate as parties in the proceeding and may be represented by counsel, and each party may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that a violation of this chapter has occurred and that the required corrective action(s) and schedule for abatement are reasonable, or that the civil penalty that was assessed for noncompliance is consistent with this chapter and the regulations of this code.
G. 
Hearing Examiner Determination. The hearing examiner shall conduct a hearing consistent with Chapter 2.98 RMC and shall:
1. 
Prepare findings regarding whether a preponderance of evidence shows that the violation occurred and the required corrective action is reasonable;
2. 
Accordingly affirm, vacate, or modify the particulars of the notice of violation; and/or
3. 
Affirm, vacate, or modify the assessment of civil penalties. The hearing examiner may reduce civil penalties based on the following considerations:
a. 
Whether the violation was a first violation; and
b. 
Whether the violator showed due diligence in correcting the violation; and
c. 
Whether the penalty is more than necessary to:
i. 
Neutralize any profit enjoyed by the violator as a result of the violation; and
ii. 
Make the public whole for environmental or other damages suffered as a result of the violation; and
iii. 
Recompense the city for the costs of enforcement; and
iv. 
Other relevant factors.
H. 
Final Order. Within 10 calendar days of the close of the appeal proceeding, the hearing examiner shall issue a written final order that contains the following information:
1. 
The decision regarding the alleged violation, including findings of facts and conclusions based thereon.
2. 
The required corrective action(s), if any.
3. 
The date by which the required corrective action(s) must be completed.
4. 
The date after which the city may proceed with abatement, as outlined in RMC § 11.04.070.
5. 
A statement that the civil penalty is affirmed, reduced, or waived, if applicable, and the date upon which the civil penalties must be paid.
6. 
A statement of any appeal remedies.
7. 
A notice that if the city proceeds with abatement, a lien for the actual costs of said abatement may be assessed against the property if the costs of abatement are not paid in accordance with the provisions of this chapter.
I. 
If the person to whom the relevant notice was directed fails to appear or submit something in writing at the scheduled hearing, the hearing examiner will enter a written final order finding the violation(s) has occurred or the civil penalty was reasonable and finding that abatement may proceed.
J. 
The final order shall be served on the person by one of the methods stated in RMC § 11.04.055(C).
K. 
A final order of the hearing examiner may be appealed to Pacific County Superior Court no more than 21 calendar days after its issuance pursuant to Chapter 36.70A RCW.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
Access. Using any lawful means, the city may enter upon the subject property or premises and may remove or correct the condition that is subject to abatement. If the owner of the premises does not consent to entry, the city may seek such judicial process as it deems necessary to effect the removal or correction of such condition.
B. 
Terms of Abatement. Property or premises are subject to abatement as provided in this chapter, including where an emergency exists, where the terms of a voluntary compliance agreement have not been met, where required corrective action has not been timely completed after a notice of violation and abatement has been issued, where a notice of violation and/or a notice of civil penalty have been issued but the property or premises are still in violation, or where summary abatement, as described in subsection (C) of this section, is necessary.
C. 
Summary Abatement. Whenever any violation of a regulation causes an emergency where the continued existence of a condition constitutes an immediate or emergent threat to the public health, safety, or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
The City of Raymond finds that there exist within its territorial limits unfit dwellings, buildings, and structures as defined in RCW 35.80.010.
B. 
The hearing examiner may determine that a dwelling, building, structure, or premises is unfit for human habitation or other use if conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health or safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings, or other residents of the City of Raymond. A dwelling, building, structure, or premises is dangerous or injurious when, among other situations, it is vacant for an extended period and persistently or repeatedly becomes unprotected or unsecured, or is currently or frequently occupied by unauthorized persons for illegal purposes, or the owner or occupant(s) of the structure have not provided minimum safeguards to protect or warn occupants in the event of fire, or contains unsafe equipment, or is so damaged, decayed, dilapidated, structurally unsafe, or of such faulty construction or unstable foundation that it presents a danger of structural collapse or fire spread to adjacent properties.
C. 
The hearing examiner shall serve as the public officer as defined in RCW 35.80.020, except that the public official shall provide all administrative functions such as preliminary investigations and the serving of notices pursuant to this chapter. The public official shall have the power to investigate the dwelling and other property conditions in the city and to enter upon premises, with consent of the occupant, for the purpose of making examinations when the public official has reasonable grounds for believing they are unfit for human habitation, or for other use, provided that such entries shall be made in such manner as to cause the least possible inconvenience to the persons in possession, and the public official shall obtain an order for this purpose after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction in the event entry is denied or resisted.
D. 
Except for the public official's functions listed in subsection C of this section, the hearing examiner shall have all the powers and follow all the procedures identified for the board or officers in RCW 35.80.030.
E. 
In determining the fitness of a premises, the hearing examiner shall reference Chapter 8.20 RMC and the building codes adopted pursuant to Title 15 RMC, or any other pertinent provision of the development code, in accordance with RCW 35.80.030(1)(d) and (e).
F. 
The appellate hearing examiner shall serve as the appeals commission identified in RCW 35.80.030(1)(g), complying with the procedures stated therein.
G. 
In accordance with RCW 35.80.030(1)(h), the cost of abatement by the city shall be assessed against the real property upon which such cost was incurred, which assessment the county treasurer shall enter upon the tax rolls against the property for the current year. If the city sells any materials from the premises as provided in RCW 35.80.030(1)(h), it shall do so in accordance with the city's procurement and disposition procedures and policies. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes.
H. 
Any person affected by an order issued by the appellate hearing examiner pursuant to subsection F of this section may petition to the superior court as provided in RCW 35.80.030(2).
(Ord. No. 1946, 7/7/2025)
A. 
Actual costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation or the property owner. These costs shall become due and payable to the city of Raymond no later than 30 calendar days from the date of the invoice. The term "incidental expenses" includes, but is not limited to, personnel costs, both direct and indirect; attorney fees; costs incurred in documenting the violation; demolition, hauling, storage, and disposal expenses; filing fees; and actual expenses and costs of the city in preparing notices, specifications, and contracts, and in accomplishing and/or contracting and inspecting the work; the costs of any required printing or mailing; and any and all costs of collection.
B. 
If the person responsible for the costs of abatement fails to remit payment in a timely manner, the city may file a lien against the real property for the cost of any abatement proceedings under this chapter, except that no lien shall attach to the real property if the owner was found not responsible in the final order issued by the hearing examiner. A notice of the city's lien specifying the expenses incurred in abating the nuisance and giving the legal description of the premises sought to be charged shall be filed with the Pacific County auditor within 90 days from the date of the abatement. Such lien may at any time thereafter be collected in the manner provided for foreclosure of mechanic's liens under the laws of the state of Washington.
C. 
In addition to a lien, the debt shall be collectible in the same manner as any other civil debt owing to the city, and the city may pursue collection of the costs of any abatement proceedings under this chapter by any other lawful means, including, but not limited to, referral to a collection agency.
(Ord. 1913 § 2, 2022)
A. 
Any person sent an invoice for the costs due for abatement of a nuisance may request a hearing to determine if the costs should be assessed, reduced, or waived.
B. 
A request for a hearing shall be made in writing and filed with the city clerk no later than 14 calendar days from the date of the invoice.
C. 
Each request for hearing shall contain the address and telephone number of the person requesting the hearing and the name and/or the name and address of any person who will be present to represent him or her.
D. 
Each request for hearing shall set out the basis for the request.
1. 
Because the property owner or other person responsible for the violation had an opportunity to appeal the notice of violation and order and/or notice of civil penalty pursuant to RMC § 11.04.065, before any abatement actions were taken, the hearing regarding the costs of abatement shall not provide another opportunity to challenge the legality or validity of the underlying violation, required corrective action(s), required schedule for abatement, or civil penalty.
E. 
Failure to request a hearing within 14 calendar days from the date of the invoice shall be a waiver of the right to contest the validity of the costs incurred in abatement of the violation.
F. 
If a hearing is requested, the hearing examiner will conduct the hearing no more than 30 calendar days after the public official issues the notice of hearing, unless the hearing examiner or public official finds good cause to continue the matter to another date.
G. 
If a hearing is requested, the public official shall mail a notice giving the time, location, and date of the hearing, by regular first-class mail, to the person or persons to whom the invoice for the costs of abatement was directed.
H. 
If a hearing is conducted, the public official, as well as the person to whom the invoice for abatement costs was directed, may participate as parties in the hearing, may be represented by counsel, and may call witnesses. The city shall have the burden of proof to establish, by a preponderance of the evidence, that the abatement costs are reasonable.
I. 
The hearing examiner shall issue a written order and determine whether the costs of abatement were reasonable and necessary. The hearing examiner may uphold the amount billed for the costs of abatement, reduce the amount billed, or waive the costs.
J. 
The order of the hearing examiner is the final administrative decision. Such decision may be appealed in accordance with RMC § 11.04.065(K).
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
A. 
Costs Included in Lien. The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all other related costs, including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.
B. 
The public official or clerk/treasurer shall file with the county recorder a claim for lien within 90 days from the later of the following dates: the date the monetary penalty is due, the date the work is completed, or the date the nuisance is abated.
C. 
The claim of lien must contain sufficient information regarding the relevant notice as determined by the public official or clerk/treasurer, a description of the property to be charged with the lien and property owner of record, and the total amount of the lien.
D. 
Any such claim of lien may be amended from time to time to reflect changed conditions.
E. 
No such liens shall bind the affected property for a period longer than five years, without foreclosure or an extension agreed to by the property owner.
(Ord. 1913 § 2, 2022)
A. 
Repeat or Knowing Violation. Any repeat offender or person who knowingly violates or fails to comply with any of the provisions of RMC Title 6, Animals; Title 8, Health and Safety; Title 15, Unified Development Code; and Title 16, Building and Construction, unless specifically addressed elsewhere in this code as amended, or any other titles of this code amended or adopted that make use of the provisions of this title, regardless of whether the violation was resolved without penalty, the failure to abate the violation, or the violation of a written decision or order of the hearing examiner after having received notice of the decision or order as provided in this chapter, shall have committed a misdemeanor subject to the provisions of RMC § 1.16.010. The public official shall have authority to file a repeat violation as a civil violation and request the county prosecutor to prosecute such violations as a misdemeanor.
B. 
Obstruction. Unless otherwise provided herein, it is a misdemeanor for any person to obstruct, impede, or interfere with the city or its agents, or with any person who owns, or holds any interest or estate in any property, in performing any acts necessary to correct the violation. Any person who has been found to have committed a violation of this subsection shall be subject to the penalties provided in RMC § 1.16.010.
(Ord. No. 1946, 7/7/2025; Ord. 1913 § 2, 2022)
Each day that a violation of a regulation subject to enforcement under this title continues and each occurrence of a prohibited activity shall be deemed and considered a separate offense.
(Ord. 1913 § 2, 2022)