The purpose of TMC Chapter 8.45 is to establish an efficient system to enforce the development, land use, and public health regulations of the City; to provide an opportunity for a prompt hearing and decision on alleged violations of these regulations; to establish penalties for violations, including abatement of any affected properties; and to collect all costs associated with abatement, including relocation/assistance expenses, pursuant to TMC Chapter 8.46. The enforcement mechanisms in this chapter are used by designated staff throughout the City.
(Ord. 2547 § 6, 2017)
A. 
Failure to comply with any applicable civil provision of the Tukwila Municipal Code shall be enforced through the procedures set forth in TMC Chapter 8.45. In the event of a conflict between this chapter and any other provision of the Code, the more specific provision shall apply.
B. 
In addition to specific civil violations enumerated throughout the Tukwila Municipal Code, the following actions are unlawful and are subject to enforcement through this chapter:
1. 
It is unlawful for any person to initiate, maintain, or cause to be initiated or maintained, the use of any structure, land or property within the City without first obtaining the permits or authorizations required for the use by the applicable provisions of any of the Tukwila Municipal Code.
2. 
It is unlawful for any person to use, construct, locate, demolish or cause to be used, constructed, located, or demolished, any structure, land, or property within the City in any manner that is not permitted by the terms of any permit or authorization issued pursuant to the applicable provisions of the Tukwila Municipal Code.
3. 
It is unlawful to remove or deface any sign, notice, complaint or order required by or posted in accordance with TMC Chapter 8.45.
4. 
It is unlawful to misrepresent any material fact in any application, plans, or other information submitted to obtain any building or construction authorization.
(Ord. 2547 § 7, 2017)
A. 
The Code Enforcement Officer(s) is/are the person(s) authorized by the Mayor to enforce the civil provisions of the Tukwila Municipal Code. Such persons may include staff from the Police, Fire, Public Works and Community Development Departments.
B. 
The Code Enforcement Officer shall have the responsibility for enforcement of TMC Chapter 8.45. The Code Enforcement Officer may call upon the Police, Fire, Community Development, Public Works or other appropriate City departments to assist in enforcement. The Code Enforcement Officer may seek assistance from outside agencies or private contractors, should the need exist. As used in TMC Chapter 8.45, “Code Enforcement Officer” shall also mean his or her duly authorized designee.
C. 
TMC Chapter 8.45 shall be enforced for the benefit of the health, safety, and welfare of the general public, and not for the benefit of any particular person or class of persons.
D. 
It is the intent of TMC Chapter 8.45 to place the obligation for complying with its requirements upon the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings situated within the City of Tukwila and within the scope of the Tukwila Municipal Code.
E. 
No provision or any term used in TMC Chapter 8.45 is intended to impose any duty upon the City or any of its officers or employees that would subject them to damages in a civil action.
F. 
“Person responsible for the condition” and “person responsible,” as used in this chapter means any person who is required by the applicable regulation to comply therewith, or who commits any act or omission that is a violation or causes or permits a violation to occur or remain upon property in the City, and includes but is not limited to owner(s), lessor(s), tenant(s), manager(s), agent(s) or other person(s) entitled to control, use and/or occupy property where a violation occurs.
(Ord. 2547 § 8, 2017)
A. 
Applicability.
While it is the City’s desire to obtain voluntary correction pursuant to TMC Chapter 8.45, compliance is not a prerequisite for pursuing any of the other remedies for correction in TMC Chapter 8.45, or any remedies available in law or equity. This section may apply whenever the Code Enforcement Officer determines that a nuisance or code violation has occurred or is occurring.
B. 
General.
The Code Enforcement Officer may attempt to secure voluntary correction by contacting the owner, occupier, tenant, manager, agent, or other person responsible for the condition and, where possible, explaining the violation and requesting correction.
C. 
Voluntary correction and limited right of entry agreement.
A Voluntary Correction and Limited Right of Entry Agreement may be entered into between the City of Tukwila – acting through the applicable department director – and the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings situated within the City of Tukwila, for resolution of the violation. The Voluntary Correction and Limited Right of Entry Agreement is a contract between the City of Tukwila and the owner, occupier, tenant, manager, agent, or other person responsible for the condition of land and buildings, under which such person agrees to abate the violation cited by the City, within a specified time and according to specified conditions. The Voluntary Correction and Limited Right of Entry Agreement may include the following:
1. 
The name and address of the person responsible for the violation;
2. 
The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
3. 
A description of the violation and a reference to the regulation that has been violated;
4. 
The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. 
An agreement by the person responsible for the violation that the City may inspect the premises as may be necessary to determine compliance with the Voluntary Correction and Limited Right of Entry Agreement; and
6. 
An agreement by the person responsible for the violation that the City may abate the violation, and recover its costs and expenses as described in TMC Section 8.45.130 and/or a monetary penalty pursuant to TMC Chapter 8.45 from the person responsible for the violation, if the terms of the Voluntary Correction and Limited Right of Entry Agreement are not satisfied.
(Ord. 2547 § 9, 2017)
A. 
Authority:
Upon presentation of proper credentials, the Code Enforcement Officer may, with the consent of the owner or occupier of a building or premises, enter at reasonable times any building or premises in order to perform the duties imposed by TMC Chapter 8.45.
B. 
Investigation:
The Code Enforcement Officer may investigate any structure or use which he or she reasonably believes does not comply with the applicable standards and requirements of the Tukwila Municipal Code.
C. 
Request for Compliance:
Upon receipt of a complaint regarding a potential code violation of a non-emergency nature, the Code Enforcement Officer may send a Request for Compliance to the owner, tenant, occupier, manager, agent, or other person responsible for the alleged violation documenting the complaint and seeking voluntary compliance. The Code Enforcement Officer may issue a written Request for Compliance in any manner reasonably sufficient to give notice to the person(s) responsible, such as by mail, e-mail or posting the Request on the subject property. The Code Enforcement Officer may, in his or her discretion, issue multiple Requests for Compliance in an attempt to resolve code violations prior to issuing a civil infraction, Notice of Violation and Order or taking other enforcement action.
D. 
Nothing in this section prohibits the Code Enforcement Officer from immediately issuing a civil infraction, Notice of Violation and Order or taking other enforcement action without first issuing a Request for Compliance, when the circumstances warrant more expeditious correction or when the person(s) responsible is a repeat offender.
(Ord. 2547 § 10, 2017)
For violations deemed civil infractions, if the Code Enforcement Officer has probable cause to believe that the applicable standards or requirements of the Tukwila Municipal Code have been violated, the Code Enforcement Officer may issue a civil infraction in accordance with Chapter 7.80 RCW, which is incorporated herein by this reference, upon the person(s) responsible for the condition.
(Ord. 2547 § 11, 2017)
A. 
Notice of Violation and Order.
For all other civil violations of the Tukwila Municipal Code, upon the Code Enforcement Officer determining that a violation of the TMC exists, the Code Enforcement Officer may serve a Notice of Violation and Order upon the person(s) responsible for the condition. The Notice of Violation and Order shall contain the following information:
1. 
A citation to the standard, code provision or requirement violated, along with a description of the specific violation present;
2. 
The corrective action, if any, that is necessary to comply with the standard, code provision or requirement;
3. 
The date by which the corrective action(s) shall be completed by the person(s) responsible ("compliance date"); and
4. 
An explanation of the appeal process and the specific information required to file an appeal.
B. 
Service of a Notice of Violation and Order.
Service of a notice of violation and order issued pursuant to this chapter shall be made using one of the following methods:
1. 
Personal service is accomplished by: (a) handing the document to the person subject thereto; or (b) leaving it at their last known dwelling house or usual place of abode with a person of suitable age and discretion then residing therein; or (c) leaving it at their office or place of employment with a person in charge thereof. Personal service is complete immediately upon completion of the action specified above.
2. 
Service by posting is accomplished by affixing a copy of the document in a conspicuous place on the subject property or structure, or as near to the affected property or structure as feasible, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting is complete immediately upon completion of the action specified above.
3. 
Service by mail is accomplished by placing the document in first-class mail, postage prepaid, to the last known address of the person to whom the document is directed. The last known address shall be any of the following: (a) address provided to the City by the person to whom the document is directed; (b) the address on file with the City at the time the document is mailed; (c) the address of the property where the violation is occurring; or (d) the address shown on the official property tax information website for King County, Washington State Department of Licensing, or Washington Secretary of State Office. Service by mail shall be deemed complete two days following the date of mailing.
4. 
Overnight service is accomplished by placing the document, delivery prepaid, with an overnight service bearing a delivery address listed in subsection (B)(3) of this section. Overnight service shall be deemed complete the following day.
5. 
Service by publication is accomplished by publishing the document pursuant to RCW 4.28.100 and 4.28.110, as now or hereafter amended. Service by publication shall be deemed complete upon final publication as set forth in RCW 4.28.110.
C. 
Proof of Service.
Proof of service may be made by written affidavit or declaration under penalty of perjury by the person effecting service, declaring the time, date and manner thereof. If service is made solely by posting or publication, proof of service shall include a statement as to what steps were used in attempting to serve personally or by mail. The City shall take and retain a photograph of the document if service is made by posting. No additional proof of service beyond the requirements in this chapter shall be required by the hearing examiner or other entity. Any failure of the person to whom a document is directed to observe a document served by posting or publication shall not invalidate service nor the document so served.
D. 
Amendment.
A Notice of Violation and Order may be amended at any time in order to:
1. 
Correct clerical errors; or
2. 
Cite additional authority for a stated violation.
E. 
Order Becomes Final Unless Appealed.
Unless an appeal is filed with the Code Enforcement Officer for hearing before the Hearing Examiner in accordance with TMC Section 8.45.110, the Notice of Violation and Order shall become the final administrative order of the Code Enforcement Officer.
F. 
Recording.
A copy of the notice may be filed and recorded with the King County Recorder.
(Ord. 2547 § 12, 2017; Ord. 2738, 10/17/2024)
A. 
Definition:
“Repeat violation” means a violation of the same or similar regulation in any location by the same person responsible or on the same property for which either: (1) voluntary compliance previously has been sought within two years; or (2) a Notice of Violation and Order has been issued within two years.
B. 
Procedure:
The Code Enforcement Officer may immediately issue a Notice of Violation and Order when a repeat violation occurs.
C. 
Penalty:
For repeat violations that occur within two years of a previous violation, the Code Enforcement Officer or Hearing Examiner may impose the following penalties:
1. 
For the first repeat violation, the penalty may equal up to $1,000 per day;
2. 
For the second repeat violation, the penalty may equal up to $2,000 per day;
3. 
For the third repeat violation, the penalty may equal up to $3,000 per day;
4. 
For the fourth repeat violation, the penalty may equal up to $4,000 per day; and
5. 
For each additional repeat violation that may occur beyond the fourth repeat violation, the penalty may equal up to $5,000 per day.
(Ord. 2547 § 13, 2017)
Whenever a continuing violation of this Code will materially impair the Code Enforcement Officer's ability to secure compliance with this Code, or when the continuing violation threatens the health or safety of the public, the Code Enforcement Officer may issue a Stop Work Order specifying the violation and prohibiting any work or other activity at the site. Any violation of a Stop Work Order may be prosecuted with a Notice of Violation and Order, and is hereby declared to be a public nuisance. The Code Enforcement Officer is authorized to enjoin or abate such public nuisance summarily by any legal or equitable means as may be available. The City shall assess the cost of abatement, including any and all legal fees incurred by the City attendant thereto, and any fine levied jointly and severally against the responsible parties, the subject property or both. The costs for the injunction or abatement, including any and all penalties and legal fees incurred by the City, shall be recovered by the City from the person(s) responsible in the manner provided by law.
(Ord. 2547 § 14, 2017)
Any condition or violation described in a Notice of Violation and Order that is not corrected within the time specified therein is hereby declared to be a public nuisance. The Code Enforcement Officer is authorized to enjoin or abate such nuisance summarily by any legal or equitable means as may be available. The City shall assess the cost of abatement, including any and all legal fees incurred by the City attendant thereto, and any fine levied jointly and severally against the responsible parties, the subject property or both. The costs for the injunction or abatement, including any and all penalties and legal fees incurred by the City, shall be recovered by the City from the person(s) responsible, in the manner provided by law.
(Ord. 2547 § 15, 2017)
A. 
The person(s) responsible named on a Notice of Violation and Order issued by the Code Enforcement Officer, pursuant to TMC Section 8.45.070, may appeal the Notice by requesting such appeal within 10 calendar days after being served with the Notice pursuant to TMC Section 8.45.070. When the last day of the period so computed is a Saturday, Sunday, or a Federal or City holiday, the period shall run until 4:30 PM on the next business day. The request shall be in writing and include the applicable appeal fee as specified in the City’s fee schedule adopted by resolution of the City Council. Upon receipt of the appeal request, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the Notice of Violation and Order under the procedures described in TMC Section 8.45.070, or as may be otherwise requested by the appealing party.
B. 
At or after the appeal hearing, the Hearing Examiner may:
1. 
Sustain the Notice of Violation and Order;
2. 
Withdraw the Notice of Violation and Order;
3. 
Continue the review to a date certain for receipt of additional information; or
4. 
Modify the Notice of Violation and Order, which may include an extension of the compliance date.
C. 
The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review, and shall cause the same to be sent to the person(s) named on the Notice of Violation and Order under the same procedures described in TMC Section 8.45.070 or as otherwise directed by the appealing party.
D. 
The decision of the Hearing Examiner shall be final and conclusive unless appealed. An appeal of the decision of the Hearing Examiner must be filed with superior court within 21 calendar days from the date the Hearing Examiner’s decision was mailed to the person(s) responsible to whom the Notice of Violation and Order was directed, or is thereafter barred. The cost for transcription of all records ordered certified by the superior court for such review shall be borne by the appellant.
(Ord. 2547 § 16, 2017)
A. 
Violations of the Tukwila Municipal Code:
1. 
Civil Infraction:
Each civil infraction shall carry with it a monetary penalty of $100.00 for the first violation, $175.00 for a second violation of the same nature or a continuing violation, and $250.00 for a third or subsequent violation of the same nature or a continuing violation.
2. 
Notice of Violation and Order:
a. 
A Notice of Violation and Order shall carry with it a cumulative monetary penalty of $250.00 per day for each violation from the compliance date until compliance with the Notice of Violation and Order is achieved.
b. 
The Code Enforcement Officer shall have the discretion to impose penalties in an amount lower than those set forth herein, taking into account the mitigating factors described below:
(1) 
Was the responsible party willful or knowing of the violation?
(2) 
Was the responsible party unresponsive in correcting the violation?
(3) 
Was there improper operation or maintenance?
(4) 
Does the violation provide economic benefit for noncompliance?
(5) 
Does the discharge result in adverse economic impact to others?
(6) 
Will cleanup activities be able to fully mitigate or remediate the impacts?
(7) 
Is there a history of violations?
(8) 
Were there unforeseeable circumstances that precluded compliance?
(9) 
Did the responsible party make a good-faith effort to comply?
3. 
Liability for Damages:
In addition to any penalty that may be imposed by the City, any person violating or failing to comply with any of the provisions of the Tukwila Municipal Code shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation.
4. 
Responsibility for violations of the codes enforced under this chapter and the penalties imposed in this section are joint and several, and the City is not prohibited from taking action against a party where other persons may also be potentially responsible for a violation, nor is the City required to take action against all persons potentially responsible for a violation.
5. 
Notice of Assessment:
Within 30 days of the compliance date, either set by a Notice of Violation and Order or an Order of the Hearing Examiner, whichever is later, the Code Enforcement Officer shall issue a Notice of Assessment identifying the penalties imposed under this chapter for any remaining uncorrected violations, as well as any other costs and/or damages assessed against the person(s) responsible, pursuant to this chapter. Notices of Assessment shall be served in the same manner as service of a Notice of Violation and Order.
a. 
Assessment Appeal:
A person receiving a Notice of Assessment may appeal the fines stated therein within 10 calendar days after the date the Notice is served. When the last day of the period so computed is a Saturday, Sunday, or a Federal or City holiday, the period shall run until 4:30 PM on the next business day. The request shall be in writing and include the applicable appeal fee as identified in the City’s fee schedule adopted by resolution of the City Council. Upon receipt of the appeal request, the Code Enforcement Officer shall schedule an appeal hearing before the Hearing Examiner. Notice of the hearing shall be sent to the appellant and/or the person(s) named on the Notice of Assessment under the same manner as the procedures described in TMC Section 8.45.070B, or as may be otherwise requested by the appealing party.
b. 
Appeal Hearing:
At or after the appeal hearing, the Hearing Examiner may sustain the assessment, withdraw the assessment if the violation(s) have been corrected or reduce the assessment amount. The Hearing Examiner shall issue a written decision within 14 days of the date of the completion of the review, and shall cause the same to be sent to the person(s) named on the Notice of Assessment under the same procedures described in TMC Section 8.45.070B, or as otherwise directed by the appealing party.
c. 
The decision of the Hearing Examiner shall be final and conclusive unless appealed. Any judicial review of the Hearing Examiner’s order shall be brought in superior court within 21 days of issuance of the Hearing Examiner’s decision.
d. 
Subsequent Notices of Assessment:
The Code Enforcement Officer shall issue additional notices of assessment in 30-day increments until a violation is corrected. Each subsequent notice of assessment may be appealed in the same manner as described in TMC Section 8.45.110; provided, however, that any such appeal shall be limited to only those penalties incurred since the issuance of the preceding Notice of Assessment.
6. 
The penalty imposed by this section under a Notice of Violation and Order may be collected by civil action brought in the name of the City. The Code Enforcement Officer may notify the City Attorney of the name of any person subject to the penalty, and the City Attorney may, with the assistance of the Code Enforcement Officer, take appropriate action to collect the penalty, including but not limited to attachment of a lien to the property.
B. 
Additional Relief:
The Code Enforcement Officer may seek legal or equitable relief to enjoin any acts or practices and abate any condition which constitutes or will constitute a violation of the Tukwila Municipal Code. The remedies provided in TMC Chapter 8.45 are cumulative and shall be in addition to any other remedy provided by law.
C. 
Continued Duty to Correct.
Payment of a monetary penalty pursuant to TMC Chapter 8.45 does not relieve the person to whom the Infraction or Notice of Violation and Order was issued of the duty to correct the violation.
(Ord. 2547 § 17, 2017)
A. 
Abatement.
The City may abate nuisance or code violations when:
1. 
The terms of the Voluntary Correction and Limited Right of Entry Agreement have not been met; or
2. 
A Notice of Violation and Order has been issued and the required correction has not been completed by the date specified in the Notice of Violation and Order; or
3. 
A written decision issued by the City’s Hearing Examiner has not been complied with by the date specified in the written decision; or
4. 
The nuisances or code violations are subject to summary abatement as provided for in TMC Section 8.45.130B.
B. 
Summary Abatement.
Whenever any nuisance or code violation causes a condition, the continued existence of which constitutes an immediate 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(s) responsible for the violation as soon as reasonably possible after the abatement. No right of action shall lie against the City or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, but neither shall the City be entitled to recover any costs incurred for summary abatement, prior to the time that actual notice of same is provided to the person(s) responsible for the condition of land and buildings.
C. 
Authorized Action by the City.
Using any lawful means, the City may enter upon the subject property and may remove or correct the condition that is subject to abatement. Prior to or during such abatement, the City may seek such judicial process as it deems necessary to effect the removal or correction of such condition, including but not limited to obtaining an injunction or warrant of abatement.
D. 
Interference.
Any person who knowingly obstructs, impedes, or interferes with the City or its agents, or with the person responsible for the violation, in the performance of duties imposed by TMC Chapter 8.45, shall be guilty of a misdemeanor punishable by imprisonment not exceeding 90 days and a fine not exceeding $1,000.00.
E. 
Recovery of Costs and Expenses.
All costs and expenses incurred by the City during abatement of code violations shall be assessed to the person(s) responsible for the condition, and responsibility for all costs and expenses is joint and several. Such costs and expenses may include, but are not limited to, the following:
1. 
“Legal expenses,” for purposes of TMC Chapter 8.45, shall include but are not limited to the following:
a. 
Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the City Attorney’s office or its designee to abate nuisances and code violations;
b. 
Actual and incidental expenses and costs incurred by the City in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations; and
c. 
All costs associated with retention and use of expert witness or consultants during the course of abatement.
2. 
“Abatement expenses,” for purposes of TMC Chapter 8.45, shall include but are not limited to the following:
a. 
Costs incurred by the City for preparation of notices, contracts, and related documents necessary to abate nuisance or code violations;
b. 
All costs associated with inspection of the property and monitoring of said property consistent with orders of compliance issued by the City’s Hearing Examiner or a Court of competent jurisdiction;
c. 
All costs incurred by the City for hauling, storage, disposal or removal of vegetation, trash, debris, dangerous structures or structures unfit for human habitation pursuant to the International Building Code and/or International Property Maintenance Code, potential vermin habitat or fire hazards, junk vehicles, obstructions to the public right-of-way, and setback obstructions;
d. 
All costs incurred by law enforcement or related enforcement agencies necessary to assist the City during abatement of nuisance or code violations; and
e. 
All relocation/assistance costs pursuant to TMC Chapter 8.46.
F. 
Interest.
All costs incurred by the City during abatement of nuisance and code violations may include interest in amount as prescribed by law.
G. 
Lien – Authorized.
The City shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under TMC Chapter 8.45, 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.
(Ord. 2547 § 18, 2017)