As used in this chapter the following words, terms, and phrases shall have the meanings ascribed to them in this section. Words, terms, and phrases not defined herein shall be defined by their plain meaning.
A. 
1.82.010.A.
“Abate” or “correct” or “remedy,”
or any derivation thereof, means to act to stop an activity, and/or to repair, replace, remove, restore, rehabilitate, or otherwise remedy a condition, where such activity or condition constitutes a violation; provided that, the actions taken must not endanger the general health, safety, and welfare of the community and must resolve the violation by bringing the activity or condition into compliance with the regulation alleged to have been violated, and into compliance with any standards or requirements applicable to the actions taken to repair, replace, remove, restore, rehabilitate, or otherwise remedy the condition.
B. 
1.82.010.B.
“Building Official”
shall mean and refer to the individual authorized by the Director of Planning and Development Services Department of the City to administer and enforce the Building Code, or a duly authorized representative.
“Business day”
shall mean Monday through Friday, excluding all state and national holidays and days that City Administrative Offices are closed due to inclement weather conditions, war, riots, or natural disaster.
C. 
1.82.010.C.
“City”
means City of Tacoma, Washington.
“Civil infraction”
shall mean any act or omission that constitutes a violation of any regulation and which violation is designated in the City code as a civil infraction.
“Compliance officer,” “code enforcement officer,” and “enforcement officer”
shall mean and refer to a person authorized by law to enforce the provisions of any regulation a violation of which is made subject to enforcement under the provisions of this chapter.
“Compliance order”
shall mean an order or directive that is subject to enforcement under this chapter and issued by a compliance officer directing the responsible person to take corrective action or to cease certain action identified in the order. Compliance orders include, by way of example only and not limitation, an order to take corrective action; a stop-work order; a stop-use order; an emergency order; and an order to vacate, repair, or demolish a non-compliant structure.
“Corporation”
means any firm, business, association, partnership, limited liability company, corporation, or other legal entity, public or private, however organized.
“Correction notice”
means a verbal or written statement, made or issued by a compliance officer, notifying a responsible person that a violation(s) has occurred or may occur, informing such person of the legal and factual basis for the determination that a violation has occurred or may occur, and informing such person that the violation(s) must be abated or mitigated or that certain action must be taken to prevent a violation(s) from occurring. A correction notice is intended to be a warning and is not the equivalent of a compliance order and is not subject to appeal.
“Corrective action”
means action to abate, mitigate, or remediate.
“Costs of abatement” or “costs of remediation” or “costs of mitigation”
shall mean the costs of any abatement, remediation, or mitigation action taken by the City to abate, remediate, or mitigate the violation using lawful means in the event that the responsible person fails so to do. The term includes incidental expenses including, but not limited to, personnel costs, both direct and indirect and including attorneys’ fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual costs and expenses 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 and mailing; and other administrative costs.
D. 
1.82.010.D.
“Day” or “days,”
as used in this chapter, shall mean calendar days, unless expressly stated otherwise in a given section or subsection. Any portion of a 24-hour day shall constitute a full calendar day.
“Development”
means the erection, installation, alteration, enlargement, demolition, maintenance, or use of any building, structure, or associated equipment, or the alteration or use of land above, at, or below ground or water level, and all acts authorized by a City permit, approval, provision of the development code, or other regulation.
E. 
1.82.010.E.
“Emergency”
means a situation that requires immediate action to prevent or eliminate an imminent threat to the health, welfare, or safety of persons or property.
F. 
1.82.010.F.
G. 
1.82.010.G.
H. 
1.82.010.H.
“Hearing examiner”
means the Tacoma Hearing Examiner, and the office thereof established pursuant to Tacoma Municipal Code (“TMC”) Chapter 1.23 to hear appeals of civil violations and compliance orders.
I. 
1.82.010.I.
J. 
1.82.010.J.
K. 
1.82.010.K.
L. 
1.82.010.L.
M. 
1.82.010.M.
“Mailing” or “service by mail”
shall mean sending the document by regular, first-class mail, postage prepaid and properly addressed, to the last known address of the person subject to the document. The last known address shall be an address provided to the City by the person to whom the document is directed; if an address has not been provided to the City, the last known address shall be any of the following as they appear at the time the document is mailed: the address of the property where the violation is occurring, or the taxpayer address appearing for the property on the official property tax information website for Pierce County; the address used for the payment of utilities for the property at which the violations are occurring; or the address appearing on the project permit application. Where service of the notice of violation is by mail, service shall be deemed complete upon the third day following the day upon which the notice is placed in the mail, unless the third day falls on a Saturday, Sunday, or federal legal holiday, in which event service shall be deemed complete on the first day other than a Saturday, Sunday, or legal holiday following the third day.
“Mitigate”
means to take measures, subject to City approval, to minimize the harmful effects of the violation where abatement is either impossible or unreasonably burdensome.
N. 
1.82.010.N.
“Notice of infraction” or “notice of civil infraction”
means a written statement compliant with the rules of the Washington Supreme Court, representing a determination that a civil infraction has been committed, and issued under authority of Chapter 7.80 RCW or a civil infraction system approved by ordinance adopting a civil infraction system under authority of Chapter 7.80 RCW.
“Notice of violation” or “notice of civil violation”
means a written statement, issued by a compliance officer, which contains the information required under TMC § 1.82.050B, and which notifies a person that the person is responsible for one or more violations.
O. 
1.82.010.O.
“Owner”
means any person, including any person, agent, operator, or corporation having a legal or equitable interest in the property; or recorded in the official records of the Pierce County Assessor as holding title to the property; or otherwise having control of the property, including tenants, the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court, as well as a bankruptcy trustee.
P. 
1.82.010.P.
“Person”
means any individual or corporation. Because “person” shall include both human and non-human entities, any of the following pronouns may be used to describe a person: he, she, or it.
“Personal service”
shall mean handing the document to the person subject to the document or leaving it at the person’s dwelling or usual place of abode with some person of suitable age and discretion then residing therein, or leaving it at the person’s office or place of employment with a person in charge thereof.
“Posting”
shall mean affixing a copy of the document in a conspicuous place on the property(ies) where the violation occurred, with at least one copy of such document placed at an entryway to the property or structure if an entryway exists. Service by posting shall be accomplished on the date of the posting in compliance with this section.
“Project permit” or “project permit application”
means any land use or environmental permit, approval, or license required from the City for a project action, including, by way of example and not limitation, building permits, street cut permits, clearing and grading permits, street excavation permits, sign permits, subdivisions, short subdivisions, re-plats, re-divisions, boundary line adjustments, lot combinations, binding site plans, planned unit developments, development permits, conditional use permits, shoreline substantial development permits, site plan reviews, permits or approvals required by critical area ordinances or flood control ordinances, site-specific rezones authorized by a comprehensive plan or subarea plan, but excluding the adoption or amendment of a comprehensive plan, subarea plan, or development regulations except as otherwise specifically included in this subsection.
“Public official”
means the City Manager or designee, the Building Official, and any Director, or other City official, vested with authority under the TMC for the interpretation or enforcement of any regulation subject to enforcement under the provisions of this chapter.
“Publication”
shall mean publication as set forth in RCW 4.28.100 and 4.28.110 as now, or may be hereafter amended.
Q. 
1.82.010.Q.
R. 
1.82.010.R.
“Regulation” or “city regulation”
means and includes any of the following:
1. 
Any title, chapter, section, or subsection of the TMC, as now or may be hereafter amended, renumbered, or recodified, that is by law made subject to enforcement under the provisions of this chapter;
2. 
All standards, regulations, rules, requirements, and procedures, and any amendments thereto, adopted or promulgated by the City Council, or by a City officer pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
3. 
The terms and conditions of any project permit or approval issued or granted by the City pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter;
4. 
The terms and conditions of any order, compliance order, permit, or license issued or granted by a City official pursuant to or under authority of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter; and
5. 
The terms and conditions of any concomitant or development agreement, with the City, and any amendments thereto, which has been issued, granted or authorized by the City pursuant to provisions of the TMC or state law, that are by law made subject to enforcement under the provisions of this chapter.
“Remediate”
means to restore to a condition that complies with the development code or, for sites that have been degraded upon prior ownerships, to restore to a condition that does not pose a probable threat to the environment or to the public health, safety, or welfare.
“Repeat violation”
means, as evidenced by the prior issuance of a correction notice, compliance order, a notice of violation or a notice of civil infraction, that a violation has occurred on the same development site, property, premises, or structure within a two-year period, or the responsible person has committed a violation elsewhere within the City of Tacoma within a two-year period. To constitute a repeat violation, the violation need not be the same type of violation as the prior violation. Policies and procedures promulgated pursuant to Section 1.82.020D may provide that evidence of a prior violation shall be limited to a time period less than two years.
“Responsible person”
means any of the following: the owner of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; an occupant, or other person, in control of the building, premises, structure, or land that is subject to the regulation alleged to have been violated; a developer, builder, business operator, or owner who is developing, building, or operating a business on the building, premises, structure, or land that is subject to the regulation alleged to have been violated; any person who created, caused, or has allowed the violation to occur; or any person causing, allowing, or knowingly participating in the violation.
S. 
1.82.010.S.
“Stop-use order”
means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist a use identified in the order.
“Stop-work order”
means a compliance order, or that part of a compliance order, directing the responsible person to immediately cease and desist, and/or to take, certain action identified in the order.
T. 
1.82.010.T.
U. 
1.82.010.U.
V. 
1.82.010.V.
“Violation”
means an act or omission proscribed by a provision of a regulation, which act or omission is by law made subject to enforcement under the provisions of this chapter.
W. 
1.82.010.W.
X. 
1.82.010.X.
Y. 
1.82.010.Y.
Z. 
1.82.010.Z.
(Ord. 28510 Ex. A, 2018-05-15)
A. 
Application; purpose. The policies, procedures, and remedies provided herein shall apply to any violation. The purpose of this chapter is to establish a uniform and consistent administrative system for the enforcement of City regulations, and to ensure the health, safety, and welfare of the citizens of Tacoma. Nothing in this chapter is intended to create a duty on the part of the City to any particular person or class of persons, or form the basis of any liability on the part of the City, its officials, officers, employees, or agents, for any injury or damage resulting from any act or omission on the part of the City, its officials, officers, employees, or agents. The provisions of this chapter, including the provision for monetary penalties, are not intended to affect a substantive or vested right and are remedial in nature and intent. Compliance orders issued under authority of this chapter are intended to bring the activity, use, property, or structure into compliance with applicable standards and legal requirements.
B. 
Responsibility for compliance. It is the intent of this chapter to place the obligation of complying with regulatory requirements that are made subject to enforcement under the provisions of this chapter upon the owner, occupier, or other person responsible for the condition of the land and/or structures, and upon persons otherwise responsible for actions regulated pursuant to such regulations.
C. 
Policy. It is the general policy of the City of Tacoma to emphasize code compliance by education and prevention and to pursue abatement, correction, remediation, or mitigation, when appropriate and feasible.
D. 
Policies and procedures. The director of each department of the City and the superintendents of each operating division of Tacoma Public Utilities having responsibility for enforcement of a regulation are authorized to develop, promulgate, revise, and implement policies and procedures governing enforcement actions under this chapter over which such department or division has responsibility, authority, and control. Such policies and procedures are intended to supplement the provisions of this chapter, and are not intended to replace, modify, or supersede any of the provisions of this chapter. Such policies and procedures may include provisions for suspension, reduction, or waiver of the monetary penalties imposed pursuant to a notice of civil violation upon a showing of hardship, substantial completion of the necessary correction, unforeseeable circumstances beyond the control of the responsible person which render completion impossible by the date established as a good cause, or other factors or considerations establishing a basis for mitigation of the monetary penalty.
E. 
Choice of action. The choice of enforcement action to be taken under this chapter and the severity of any penalty to be imposed should be guided by the nature of the violation, the damage or risk to the public or to public resources, and/or the existence or degree of bad faith of the person or persons subject to the enforcement action, the economic benefit that the violator derives from the violation, as measured by the greater of the resulting increase in market value of the property or the value received by the violator, the savings of construction costs realized by the violator, the reasonable value of property damaged, and such other factors related to the remedial purposes of enforcement action under this chapter and the enforcement policies authorized herein.
F. 
Joint and several responsibility and liability. Responsibility for violations subject to enforcement under this chapter is joint and several, and the City is not prohibited from taking action against a person where other persons may also be potentially responsible persons, nor is the City required to take action against all potentially responsible persons.
G. 
Presumption. Except as may be otherwise provided by law, proof that a violation exists or existed on privately owned (non-governmental) property shall constitute prima facie evidence that each owner of the property is a responsible person. However, this presumption shall not relieve or prevent enforcement against any other person who may also be a responsible person. Proof that a violation occurred on property subject to a project permit shall constitute prima facie evidence that the applicant for the project permit is a responsible person. However, this presumption shall not relieve or prevent enforcement against any other person who may also be a responsible person.
H. 
Prohibited acts include causing and permitting. Whenever in a regulation any act or omission constitutes a violation, such act or omission includes causing, allowing, permitting, aiding, abetting, suffering, or concealing the fact of such act or omission.
I. 
Separate and continuing offense. Every act or omission which constitutes a violation shall constitute a separate violation for each and every day during any portion of which the act or omission constituting the violation is committed, continued, allowed, abetted, suffered, or permitted. A violation continues to exist until abated, corrected, or remedied.
J. 
Non-exclusive. The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the TMC, state or federal law or regulation.
K. 
Conflicts. In the event of a conflict between a provision of a regulation made subject to enforcement under this chapter and a provision of this chapter, such conflicting provisions of the regulation shall control to the extent of the conflict.
L. 
Reference to laws and regulations. All references in this chapter to any title, chapter, section, or subsection of the TMC, state law, or federal law, or any city, state, or federal rule or regulation, shall mean and refer to such title, chapter, section or subsection, rule, or regulation as it exists on the effective date of the ordinance enacting this chapter, or as it, or any part thereof, may thereafter be amended, renumbered, retitled or recodified.
M. 
Title. The provisions of this chapter, as now or may hereafter be amended, may be referred to throughout the TMC as the “Uniform Enforcement Code” or “UEC.”
(Ord. 28510 Ex. A, 2018-05-15)
A. 
Methods of service. For purposes of this chapter, the methods of service of any documents related to enforcement, such as notices of civil violation and compliance orders (hereinafter “document”) shall be by mailing, personal service, posting, or publication.
B. 
When first-class mail deemed service. Any correction notice, notice of civil violation, notice of hearing, compliance order, or other code enforcement document shall be deemed legally served upon a party by mailing, unless another method of service is expressly required in a particular subsection of this chapter, TMC, state law, or court rule.
(Ord. 28510 Ex. A, 2018-05-15)
A. 
General. A compliance officer may attempt to secure the voluntary correction of a violation by contacting the responsible person and providing a correction notice.
B. 
Voluntary correction agreement - General. At the sole and reasonable discretion of the compliance officer, a written voluntary correction agreement may be entered into between the responsible person and the City. A voluntary correction agreement may be implemented following an oral or written notice of correction, service of a compliance order, issuance of a notice of violation or notice of infraction, or filing of a criminal complaint.
C. 
Effect of agreement. Execution of a voluntary correction agreement represents acknowledgement and agreement by the responsible person that (1) the person is, as to each of the violations set forth in the voluntary correction agreement, the responsible person; (2) the voluntary correction agreement represents a determination that the violation or violations as set forth in the voluntary correction agreement have been committed; and (3) this determination is final and conclusive.
D. 
Contents of voluntary correction agreement. The voluntary correction agreement is a contract between the City and the responsible person under which that person agrees to take corrective action within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
1. 
A statement identifying the necessary corrective action to be taken, the date or time by which the corrective action must be completed, and an acknowledgement by the responsible person that the person will correct the violation within the time specified in the voluntary correction agreement;
2. 
An acknowledgement by the responsible person that if the violation is not corrected in compliance with the terms and conditions of the voluntary correction agreement, the City may issue a notice of civil violation and impose monetary penalties for the time period for the violation or violations described in the voluntary correction agreement;
3. 
The name and last known address of the responsible person;
4. 
The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
5. 
A description of the nature, extent, and time of the violation and a reference to the regulation or provision of the TMC that has been violated;
6. 
An acknowledgement by the responsible person that each violation described in the voluntary correction agreement exists, that the person is the responsible person for the violations set forth in the voluntary correction agreement, that the agreement represents a determination that the violation or violations as set forth in the voluntary correction agreement have been committed, and that this determination is final and conclusive;
7. 
Acknowledgement by the responsible person that the City may enter the building, structure, premises, or land and inspect the building, structure, premises, or land as may be necessary to determine compliance with the voluntary correction agreement;
8. 
Acknowledgement by the responsible person that the compliance officer shall have the decision-making authority to determine if corrective action has been taken in compliance with the terms and conditions of the voluntary correction agreement;
9. 
The signature or official mark of the responsible person and the signature or official mark of the compliance officer; and
10. 
Any additional information that may be required under the regulation alleged to have been violated.
(Ord. 28510 Ex. A, 2018-05-15)
A. 
Civil violation. A compliance officer may issue a notice of civil violation when there is reasonable cause to believe that there is or has been a violation.
B. 
Content of notice of civil violation. The notice of civil violation shall set forth and contain:
1. 
The name and last known address of the responsible person;
2. 
The name and business address and telephone number of the compliance officer issuing the notice of civil violation;
3. 
The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring;
4. 
A description of the nature, extent, and time of the violation and a reference to the regulation that has been violated;
5. 
If a monetary penalty is imposed, a statement setting forth the monetary penalty(ies) imposed and each violation or violations that are subject to such monetary penalty(ies);
6. 
If the notice of civil violation is issued in conjunction or combined with a compliance order, and the violation is continuing in nature and will accrue daily monetary penalties until the violation is corrected, a statement (a) setting forth the amount of the daily monetary penalty for each such continuing violation, (b) that the violation is continuing in nature, and (c) that daily monetary penalties will accrue until the violation is corrected as set forth in the compliance order;
7. 
If the notice of civil violation is combined with a compliance order, the notice of violation shall include the content required pursuant to TMC § 1.82.060B for issuance of a compliance order;
8. 
A statement that the person to whom the notice of civil violation is issued may appeal the notice of civil violation as provided in TMC § 1.82.050J;
9. 
A statement that a notice of civil violation issued pursuant to this section represents a determination that the violation/violations identified in the notice has/have been committed and that this determination is final and conclusive unless appealed as provided in TMC § 1.82.050J; and
10. 
Any additional information that may be required under the regulation that is alleged to have been violated.
C. 
Service. Except as provided herein, service of a notice of civil violation shall be by personal service or by mailing. If personal service is not accomplished after reasonable effort and if an address for mailed service cannot be ascertained, service shall be accomplished by posting a copy of the order conspicuously on the affected building, structure, premises, or land. If service by posting is ineffective or cannot be lawfully accomplished, service shall be accomplished by publication.
D. 
Effect of notice of civil violation. A notice of civil violation issued pursuant to this section represents a determination that the violation/violations identified in the notice of civil violation has/have been committed. This determination is final and conclusive as to the violation or violations set forth in the notice of violation, unless a timely appealed is filed as provided in TMC § 1.82.050J. Nothing herein is intended to preclude timely appeal of a separate or subsequent compliance order, notice of civil violation, notice of infraction, or imposition of criminal penalties related to the same or continuing violation or violations, to the extent an appeal may be available.
E. 
Continued duty to correct. Payment of a monetary penalty imposed pursuant to this chapter does not relieve a person of the duty to correct the violation as ordered by the compliance officer.
F. 
Monetary penalty. Unless a different monetary penalty is specified in the TMC or state or federal law for a particular violation, the maximum monetary penalty for each violation per day or portion thereof, and each continuing day or portion thereof, shall be as follows:
1. 
First day of each violation, $100;
2. 
Second day of each violation, $200;
3. 
Third day of each violation, $300;
4. 
Fourth day of each violation, $400;
5. 
Each additional day of each violation continuing beyond four days, $500 per day;
6. 
For each repeat violation, $500 per day; and
7. 
The monetary penalty for a violation may alternatively be assessed in an amount up to $10,000 per day, upon consideration of the criteria set forth at TMC § 1.82.020E.
G. 
Other action. In addition to the issuance of the notice of civil violation, the City may take other enforcement action available at law or in equity, including, by way of example and not limitation, issuance of a notice of civil infraction, seeking injunctive or declaratory relief, seeking an order of abatement, taking action to seek imposition of criminal penalties, and where applicable, rescission as set forth in RCW 90.58.140. The City may also issue a notice of civil violation in conjunction with a compliance order.
H. 
Collection of monetary penalty. The monetary penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Any monetary penalty assessed shall be immediately due and payable and must be paid to the City within ten calendar days from the date the notice of civil violation becomes final and non-appealable. Any monetary penalties that accrue for ongoing violations after the date the notice of civil violation becomes final and non-appealable must be paid within ten calendar days from the date the penalty(ies) have accrued. The City Attorney is authorized to take appropriate action to collect the monetary penalty when past due and owing.
I. 
Application for remission or mitigation. When remission or mitigation of the monetary penalty is authorized under the TMC or state or federal law, any person incurring a monetary penalty for a civil violation may, within ten days of service of the notice of violation, apply in writing to the responsible public official for remission or mitigation of the monetary penalty. The responsible public official shall issue a decision on the application within 15 business days following receipt of such application. Upon timely receipt of a complete application for remission or mitigation, the responsible public official, or designee, shall consider the application, together with any information the responsible public official, or designee, determines is relevant, and may remit or mitigate the penalty only upon a finding by a preponderance of the evidence that applicant has demonstrated extraordinary circumstances, such as the presence of information or factors not considered in setting the original monetary penalty. When a monetary penalty is imposed jointly by the Department of Ecology and the City, the penalty may be remitted or mitigated only upon such terms as both the Department of Ecology and the City agree.
J. 
Appeal. A notice of civil violation may be appealed to the Hearing Examiner pursuant to the procedures set forth in TMC Chapter 1.84[1] for appeal of a notice of civil violation; provided that, an appeal of an enforcement action under the provisions of TMC Chapter 13.11, Shoreline Management, shall be governed by TMC Chapter 13.11. In the event that a notice of civil violation is combined with a compliance order, the compliance order is subject to appeal pursuant to TMC § 1.82.060M and may be subject to expedited informal review pursuant to TMC § 1.82.060H. Accrual and payment of the monetary penalty imposed shall be stayed during the pendency of any administrative appeal of the violation for which such monetary penalties have been imposed.
[1]
Code Reviser’s note: Original reference to Ch. 1.82 due to a scrivener’s error; corrected to refer to Ch. 1.84.
(Ord. 28510 Ex. A, 2018-05-15)
A. 
General. A compliance officer may issue a compliance order when there is reasonable cause to believe that there is or has been a violation or that failure to take action or to refrain from taking action will result in a violation. The compliance order is remedial in nature and intended to prevent future violations, protect persons and property from injury or the imminent threat of injury, terminate ongoing violations, and bring the activities, omissions, use, property, and structures that are the subject of the order into compliance, as nearly as practicable, within applicable standards and requirements of the applicable regulation(s).
B. 
Content of compliance order. The order shall set forth and contain:
1. 
The name and last known address of the responsible person(s);
2. 
The name and business address and telephone number of the compliance officer issuing the compliance order;
3. 
The street address or a description sufficient for identification of the building, structure, premises, or land upon or within which the violation will occur, has occurred, or is occurring;
4. 
A description of the nature, extent, and time of the violation and a reference to the regulation that has been or may be violated;
5. 
An order that the act or omission or use causing or leading to a violation or a potential violation shall immediately cease and desist, and/or, in appropriate cases, an order to take specific corrective action in compliance with the TMC immediately or within a specific and reasonable time, which corrective action may include, but is not limited to, abatement, remediation, correction, and/or mitigation of the site and other property damaged;
6. 
A statement that any act or omission contrary to a provision of the compliance order constitutes a civil violation and is subject to enforcement under TMC Chapter 1.82;
7. 
A statement that the person to whom the compliance order is issued may appeal the compliance order as provided at TMC § 1.82.060M;
8. 
If a stop-work or stop-use order is issued, a statement that the person to whom the compliance order is issued may, in addition to the right to appeal the order, seek expedited informal review as provided at TMC § 1.82.060H. The statement shall identify the public official vested with authority to review the stop-work or stop-use order and the phone number, name, and title of the person authorized to initiate the process for informal expedited review;
9. 
A statement that the compliance order is final and conclusive unless appealed;
10. 
If the compliance order is combined with a notice of civil violation, the compliance order shall include the content required pursuant to TMC § 1.82.050B for issuance of a notice of violation; and
11. 
Any additional information that may be required to be included in the compliance order under the regulation that is alleged to have been violated.
C. 
Service. Except as provided herein, service of a compliance order shall be by personal service or by mailing. If personal service is not accomplished after reasonable efforts and if an address for mailed service cannot be ascertained, service shall be accomplished by posting a copy of the order conspicuously on the affected building, structure, premises, or land. If service by posting is ineffective or cannot be lawfully accomplished, service shall be accomplished by publication.
D. 
Effective date. A compliance order issued under this section shall become effective immediately upon service of the order upon the person to whom it is directed.
E. 
Effect of compliance order. A compliance order represents notice to the responsible person of a determination that the violation/violations identified in the compliance order has/have been committed, or that there is reasonable cause to believe that a violation will occur, and represents a determination that corrective action as described in the compliance order, or cessation of certain action identified in the order, is required to abate, correct, mitigate, remedy, or prevent the violation. These determinations are final and conclusive unless appealed as provided in this chapter; provided that, nothing herein is intended to preclude timely appeal of a separate or subsequent order, notice of civil violation, notice of infraction, or imposition of criminal penalties related to the same or continuing violation or violations, to the extent an appeal may be available.
F. 
Extension. Upon written request received prior to the expiration of the correction date or time, the compliance officer may extend the date set for correction for good cause or in order to accommodate a voluntary correction agreement. The compliance officer may consider substantial completion of the necessary correction or unforeseeable circumstances which render completion impossible or impracticable by the completion date established as a good cause.
G. 
Stop-work order; stop-use order. Whenever a compliance officer finds reasonable cause to believe that a violation would, if the violation continued, (1) result in irreparable harm, (2) exacerbate injury already caused to any person or property, (3) result in damage or injury to wetlands or critical areas, (4) materially impair the code enforcement officer’s ability to secure compliance, (5) materially impair the responsible persons’ ability to correct the violation, or (6) cause or contribute to an emergency, the compliance officer may issue a stop-work or stop-use order, or issue a compliance order that includes a stop-work or stop-use order. The stop-work and stop-use order shall be deemed served and effective upon posting of the order; provided that, nothing herein shall preclude service in person, by mail, or by publication.
H. 
Expedited informal review.
1. 
Purpose. Expedited informal review is an informal process that is intended to provide an opportunity for the person to whom the stop-work or stop-use order is issued to seek immediate review to address any claimed errors in the determination by the compliance officer to issue such an order.
2. 
Who may seek review. The person to whom the stop-work or stop-use order is directed, or an authorized representative of that person, may seek expedited informal review of the order by a public official vested with authority to review and uphold or terminate the stop-work or stop-use order.
3. 
Request for review. The person seeking expedited informal review may request review within ten days of service of the order by contacting, during normal City business hours, the person identified in the order as the person authorized to initiate the review, requesting initiation of expedited informal review and providing a phone number at which the requesting person can be reached during business hours.
4. 
Review. The public official designated to conduct the review, or designee, shall provide a reasonable opportunity for the person requesting review to submit in writing or orally, or both, a statement describing the error(s) of law and error(s) of fact, and any other supporting records or documents or information in any form, establishing why the stop-work or stop-use order was issued in error. The public official may consult with any person(s) who the public official determines may have relevant information, and take into consideration any relevant records or documents or information in any form.
5. 
Decision. The public official shall, within three business days following the date of the request for review, notify the person requesting review of the public official’s decision to either terminate or uphold the issuance of the order; provided that, the public official may extend this time period for good cause.
6. 
Decision not subject to administrative appeal. The decision of the public official shall not be subject to appeal to the Hearing Examiner.
7. 
Effect of filing an appeal. Submitting a request for expedited informal review will not impair the right to appeal the stop-work or stop-use order pursuant to TMC § 1.82.060M, and will not operate to toll the time period for filing such an appeal. A person appealing a stop-work or stop-use order is not required to request expedited informal review as a condition of filing an appeal. The filing of an appeal shall not operate to deprive the public official of jurisdiction to conduct an expedited informal review that has been timely requested.
I. 
Violation – Unlawful. When a compliance order has been issued, posted, and/or served pursuant to this section, it is unlawful for any person to whom the order is directed or any person with actual or constructive knowledge of the order to conduct any activity or perform any work prohibited by the terms of the order, even if the order has been appealed, until the enforcement officer has removed the copy of the order, if posted, and issued written authorization for the activity or work to be resumed.
J. 
Removal of compliance order – Violation. It shall be unlawful to remove a compliance order posted in conformity with the requirements of this chapter without the prior authorization of a compliance officer, responsible public official of the City, the City Hearing Examiner, or an order of a court with jurisdiction. A violation of the provisions of this subsection shall constitute a misdemeanor.
K. 
Compliance – Violation. It is unlawful to fail to comply with the terms and conditions of the compliance order. Failure to comply with a compliance order can result in enforcement actions, including, but not limited to, the issuance of a notice of civil violation, issuance of a civil infraction, and imposition of criminal penalties.
L. 
Other action. In addition to the issuance of the compliance order, the City may take other enforcement action available at law or in equity including, by way of example and not limitation, issuance of a notice of civil violation and penalties, issuance of a civil infraction, seeking injunctive or declaratory relief, imposition of criminal penalties, modification or revocation of the project permit or approval, seeking an order of abatement, and rescission as set forth in RCW 90.58.140. The City may also issue a notice of civil violation concurrent with a compliance order.
M. 
Appeal; exhaustion. A compliance order may be appealed to the Hearing Examiner pursuant to the procedures set forth in TMC Chapter 1.84[1], Hearing Examiner – Appeal of Code Enforcement Actions, for appeal of a compliance order; provided that, an appeal of an enforcement action under the provisions of TMC Chapter 13.11, Shoreline Management, shall be governed by TMC Chapter 13.11. In the event that the TMC provides that the applicant may request administrative review, remission, or mitigation of the compliance order by a public official, applicant shall exhaust such administrative remedies prior to filing an appeal to the Hearing Examiner; provided that, expedited informal review pursuant to TMC § 1.82.060H is not considered an administrative remedy for purposes of this exhaustion requirement. In the event that a notice of civil violation is combined with the compliance order, payment of the monetary penalty imposed shall be stayed during the pendency of any administrative appeal. In the event of a notice of appeal of an order revoking or rescinding a project permit or approval, the order shall be stayed during the pendency of any administrative appeal.
[1]
Code Reviser’s note: Original reference to 1.82 due to a scrivener’s error; corrected to refer to 1.84.
(Ord. 28510 Ex. A, 2018-05-15)
A. 
As used in this section:
“Agent”
means any director, officer, or employee of a corporation, or any other person who is authorized to act on behalf of the corporation.
“High managerial agent”
means an officer or director of a corporation or any other agent in a position of comparable authority with respect to the formulation of corporate policy or the supervision in a managerial capacity of subordinate employees.
B. 
A corporation is strictly liable for the acts or omissions of its agents that constitute a civil violation.
C. 
A corporation is guilty of a criminal offense when:
1. 
The act or omission constituting the offense consists of an omission to discharge a specific duty of performance imposed on corporations by law; or
2. 
The act or omission constituting the offense is engaged in, authorized, solicited, requested, commanded, or tolerated by the board of directors or by a high managerial agent acting within the scope of the agent’s employment and on behalf of the corporation; or
3. 
The act or omission constituting the offense is engaged in by an agent of the corporation, other than a high managerial agent, while acting within the scope of the agent’s employment and in behalf of the corporation and (i) the offense is a gross misdemeanor or misdemeanor, or (ii) the offense is one defined by the TMC which clearly indicates an intent to impose such criminal liability on a corporation.
D. 
A person is civilly liable for an act or omission constituting a violation which the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf.
E. 
A person is criminally liable for an act or omission constituting a criminal offense which the person performs or causes to be performed in the name of or on behalf of a corporation to the same extent as if such conduct were performed in the person’s own name or behalf.
F. 
Whenever a duty to act is imposed by law upon a corporation, any agent of the corporation who knows the agent has or shares primary responsibility for the discharge of the duty is criminally liable for a reckless or, if a high managerial agent, criminally negligent omission to perform the required act to the same extent as if the duty were by law imposed directly upon such agent.
(Ord. 28510 Ex. A, 2018-05-15)