This subchapter is an exercise of the City’s power to protect the public health, safety and welfare; and its purpose is to provide enforcement of Code Violations, abatement of nuisances, and collection of abatement expenses by the City. This Code shall be enforced for the benefit of the general public, not for the benefit of any particular person or class of persons.
It is the intent of this subchapter to place the obligation for Code compliance upon the responsible party, within the scope of this subchapter, and not to impose any duty upon the City or any of its officers, officials or employees which would subject them to damages in a civil action.
(Ord. 238 Ch. III § 10(a), 2000; Ord. 406 § 1, 2006)
A. 
For the purposes of this subchapter, any person who causes or maintains a code violation and the owner, lessor, tenant or other person entitled to control, use, or occupancy of property where a code violation occurs shall be identified as the responsible party and shall be subject to enforcement action as provided in this subchapter.
However, if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner’s knowledge or consent by someone other than the owner or someone acting on the owner’s behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances, as determined by the Director. Should the responsible party not correct the violation, after service of the notice and order, civil penalties and abatement costs may be assessed.
B. 
It shall be the responsibility of any person identified as a responsible party to bring the property into a safe and reasonable condition to achieve compliance. Payment of fines, applications for permits, acknowledgment of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. The date set for compliance in the notice and order takes precedence over any date established for the expiration of any required permit(s) and will be subordinate only to written extension of the notice and order.
C. 
The responsible parties have a duty to notify the Director of any actions taken to achieve compliance. A violation shall be considered ongoing until the responsible party has come into compliance and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.
D. 
The procedures set forth in this subchapter are not exclusive; specifically the provisions in SMC § 20.80.090 additionally apply to code enforcement of violations of Chapter 20.80 SMC, Critical Areas. These procedures shall not in any manner limit or restrict the City from remedying or abating code violations in any other manner authorized by law.
(Ord. 238 Ch. III § 10(b), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 515 § 1, 2008; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 1045 § 1 (Exh. A), 2025)
A. 
A code violation, as used in this subchapter, is declared to be a public nuisance and includes violations of the following:
1. 
Any City land use and development ordinances or public health ordinances;
2. 
Any public nuisance as set forth in Chapters 7.48 and 9.66 RCW;
3. 
Violation of any of the codes adopted in Chapter 15.05 SMC;
4. 
Violation of provisions of Chapter 12.15 SMC, Use of Right-of-Way;
5. 
Any accumulation of refuse, except as provided in Chapter 13.14 SMC, Solid Waste Code;
6. 
Nuisance vegetation;
7. 
Discarding or dumping of any material onto the public right-of-way, waterway, or other public property;
8. 
Violation of any of the provisions of Chapter 13.10 SMC, Surface Water Utility; and
9. 
Violations of any of the provisions of Chapter 13.12 SMC, Floodplain Management.
B. 
No act which is done or maintained under the express authority of a statute or ordinance shall be deemed a public nuisance.
(Formerly 20.30.750. Ord. 238 Ch. III § 10(d), 2000; Ord. 251 § 2(E), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 531 § 1 (Exh. 1), 2009; Ord. 581 § 1 (Exh. 1), 2010; Ord. 641 § 4 (Exh. A), 2012)
A. 
Storing junk vehicles as defined in SMC § 10.05.030(A)(1) upon private property within the City limits shall constitute a nuisance and shall be subject to the penalties as set forth in this section, and shall be abated as provided in this section; provided, however, that this section shall not apply to:
1. 
A vehicle or part thereof that is completely enclosed within a permanent building in a lawful manner, or the vehicle is not visible from the street or from other public or private property; or
2. 
A vehicle is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer and is fenced according to RCW 46.80.130.
B. 
Whenever a vehicle has been certified as a junk vehicle under RCW 46.55.230, the last registered vehicle owner of record, if the identity of the owner can be determined, and the landowner of record where the vehicle is located shall each be given legal notice in accordance with SMC § 20.30.770(F) that a public hearing may be requested before the Hearing Examiner. If no hearing is requested within 14 days from the date of service, the vehicle, or part thereof, shall be removed by the City. The towing company, vehicle wrecker, hulk hauler or scrap processor will notify the Washington State Patrol and the Department of Licensing of the disposition of the vehicle.
C. 
If the landowner is not the registered or legal owner of the vehicle, no abatement action shall be commenced sooner than 20 days after certification as a junk vehicle to allow the landowner to remove the vehicle under the procedures of RCW 46.55.230.
D. 
If a request for hearing is received within 14 days, a notice giving the time, location and date of such hearing on the question of abatement and removal of the vehicle or parts thereof shall be mailed by certified mail to the landowner of record and to the last registered and legal owner of record of each vehicle unless ownership cannot be determined.
E. 
The owner of the land on which the vehicle is located may appear in person at the hearing or present a written statement in time for consideration at the hearing, and deny responsibility for the presence of the vehicle on the land, with the reasons for the denial. If it is determined at the hearing that the vehicle was placed on the land without the consent of the landowner and that the landowner has not subsequently acquiesced in its presence, then the local agency shall not assess costs of administration or removal of the vehicle against the property upon which the vehicle is located or otherwise attempt to collect the cost from the owner.
F. 
The City may remove any junk vehicle after complying with the notice requirements of this section. The vehicle shall be disposed of by a licensed towing company, vehicle wrecker, hulk hauler or scrap processor with the disposing company giving notice to the Washington State Patrol and to the Department of Licensing of the disposition of the vehicle.
G. 
The costs of abatement and removal of any such vehicle or remnant part shall be collected from the last registered vehicle owner if the identity of such owner can be determined, unless such owner has transferred ownership and complied with RCW 46.12.101, or the costs may be assessed against the owner of the property on which the vehicle or remnant part is located, unless the landowner has prevailed in a hearing as specified in SMC § 20.30.760(E). Costs shall be paid to the Finance Director within 30 days of the removal of the vehicle or remnant part and, if delinquent, shall be assessed against the real property upon which such cost was incurred as set forth in SMC § 20.30.775.
(Formerly 20.30.760. Ord. 238 Ch. III § 10(e), 2000; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 469 § 1, 2007; Ord. 515 § 1, 2008)
Whenever the Director has reason to believe that a Code Violation exists or has occurred, the Director is authorized to issue a notice and order to correct the violation to any responsible party. A stop work order shall be considered a notice and order to correct. Issuance of a citation or stop work order is not a condition precedent to the issuance of any other notice and order.
A. 
Subject to the appeal provisions of SMC § 20.30.790, a notice and order represents a determination that a Code Violation has occurred and that the cited person is a responsible party.
B. 
Failure to correct the Code Violation in the manner prescribed by the notice and order subjects the person cited to any of the compliance remedies provided by this subchapter, including:
1. 
Civil penalties and costs;
2. 
Continued responsibility for abatement, remediation and/or mitigation;
3. 
Permit suspension, revocation, modification and/or denial; and/or
4. 
Costs of abatement by the City, according to the procedures described in this subchapter.
C. 
Any person identified in the notice and order as a responsible party may appeal the notice and order within 14 days of service, according to the procedures described in SMC §§ 20.30.220 and 20.30.790. Failure to appeal the notice and order within 14 days of issuance shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party.
D. 
Issuance of a notice and order in no way limits the Director’s authority to issue a criminal citation or notice of infraction.
E. 
The notice and order shall contain the following information:
1. 
The address, when available, or location of the Code Violation;
2. 
A legal description of the real property where the violation occurred or is located;
3. 
A statement that the Director has found the named person to have committed a Code Violation and a brief description of the violation or violations found;
4. 
A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated;
5. 
The civil penalty assessed for failure to comply with the order;
6. 
A statement advising that the notice and order may be recorded against the property in the King County Office of Records and Elections subsequent to service;
7. 
A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency;
8. 
A statement advising that, if any required work is not completed or a written extension for completion obtained within the time specified by the notice and order, the Director may proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and several personal obligation of all responsible parties;
9. 
A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the Code Violation occurred and as a joint and several personal obligation of all responsible parties;
10. 
A statement advising that any person named in the notice and order or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within 14 days of the date of issuance of the notice and order;
11. 
A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent City permit applications on the subject property;
12. 
A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a Code Violation, and that the named party is liable as a responsible party; and
13. 
A statement advising the responsible party of their duty to notify the Director of any actions taken to achieve compliance with the notice and order.
F. 
Service of a notice and order shall be made on any responsible party by one or more of the following methods:
1. 
Personal service may be made on the person identified as being a responsible party.
2. 
Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available.
3. 
Service by mail may be made for a notice and order by mailing by certified mail, to the responsible party at their last known address, at the address of the violation, or at the address of their place of business. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. The City may mail a copy, postage prepaid, by ordinary first class mail. Service by mail shall be presumed effective upon the third business day following the day the notice and order was mailed.
The failure of the Director to make or attempt service on any person named in the notice and order shall not invalidate any proceedings as to any other person duly served.
G. 
Whenever a notice and order is served on a responsible party, the Director may file a copy of the same with the King County Office of Records and Elections. When all violations specified in the notice and order have been corrected or abated, the Director shall issue a certificate of compliance to the parties listed on the notice and order. The responsible party is responsible for filing the certificate of compliance with the King County Office of Records and Elections, if the notice and order was recorded. The certificate shall include a legal description of the property where the violation occurred and shall state that any unpaid civil penalties, for which liens have been filed, are still outstanding and continue as liens on the property.
H. 
The Director may revoke or modify a notice and order issued under this section. Such revocation or modification shall identify the reasons and underlying facts for revocation. The Director may add to, rescind in whole or part or otherwise modify or revoke a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders contained in this section.
I. 
Failure to correct a Code Violation in the manner and within the time frame specified by the notice and order subjects the responsible party to civil penalties as set forth in SMC § 20.30.770.
1. 
Civil penalties assessed create a joint and several personal obligation in all responsible parties. The City Attorney may collect the civil penalties assessed by any appropriate legal means.
2. 
Civil penalties assessed also authorize the City to take a lien for the value of civil penalties imposed against the real property of the responsible party.
3. 
The payment of penalties does not relieve a responsible party of any obligation to cure, abate or stop a violation.
(Formerly 20.30.770. Ord. 238 Ch. III § 10(f), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 §§ 2, 3, 2007; Ord. 469 § 1, 2007; Ord. 515 § 1, 2008; Ord. 581 § 1 (Exh. 1), 2010)
A. 
Infraction. Whenever the Director has determined that a code violation has occurred, the Director may issue a Class 1 civil infraction, or other class of infraction specified in the particular ordinance violated, to any responsible party, according to the provisions set forth in Chapter 7.80 RCW.
B. 
Misdemeanor. Any person who willfully or knowingly causes, aids or abets a code violation by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed $1,000 and/or imprisonment in the County jail for a term not to exceed 90 days. Each week (seven days) such violation continues shall be considered a separate misdemeanor offense. A misdemeanor complaint or notice of infraction may be filed as an alternative, or in addition, to any other judicial or administrative remedy provided in this subchapter or by law or other regulation.
C. 
Suspension, Revocation or Limitation of Permit.
1. 
The Director may suspend, revoke or limit any permit issued whenever:
a. 
The permit holder has committed a code violation in the course of performing activities subject to that permit;
b. 
The permit holder has interfered with the Director in the performance of their duties relating to that permit;
c. 
The permit was issued in error or on the basis of materially incorrect information supplied to the City; or
d. 
Permit fees or costs were paid to the City by check and returned from a financial institution marked nonsufficient funds (NSF) or cancelled.
2. 
Such suspension, revocation or modification shall be carried out through the notice and order provisions of this subchapter and shall be effective upon the compliance date established by the notice and order. Such revocation, suspension or cancellation may be appealed to the Hearing Examiner using the appeal provisions of this subchapter. Notwithstanding any other provision of this subchapter, the Director may immediately suspend operations under any permit by issuing a stop work order.
D. 
Civil Penalties.
1. 
A civil penalty for violation of the terms and conditions of a notice and order shall be imposed in the amount of $500.00. The total initial penalties assessed for notice and orders and stop work orders pursuant to this section shall apply for the first 14-day period following the violation of the order, if no appeal is filed. The penalties for the next 14-day period shall be 150 percent of the initial penalties, and the penalties for the next 14-day period and each such period or portion thereafter shall be double the amount of the initial penalties.
2. 
Any responsible party who has committed a violation of the provisions of Chapter 20.50 SMC, General Development Standards (tree conservation, land clearing and site grading standards), or Chapter 20.80 SMC, Critical Areas, will not only be required to restore unlawfully removed trees or damaged critical areas, insofar as that is possible and beneficial, as determined by the Director, but will also be required to pay civil penalties in addition to penalties under subsection (D)(1) of this section, for the redress of ecological, recreation, and economic values lost or damaged due to the violation. Civil penalties will be assessed according to the following factors:
a. 
For violations within critical areas and required buffers, an amount determined pursuant to SMC § 20.80.090(E); or
b. 
For violations not located within critical areas and required buffers, an amount determined to be equivalent to the economic benefit that the responsible party derives from the violation measured as the total of:
i. 
The resulting increase in market value of the property; and
ii. 
The value received by the responsible party; and
iii. 
The savings of construction costs realized by the responsible party as a result of performing any act in violation of the chapter; and
c. 
A penalty of $2,000 if the violation has severe ecological impacts, including temporary or permanent loss of resource values or functions.
3. 
An additional penalty of $2,000 if the violation was deliberate, the result of knowingly false information submitted by the property owner, agent, or contractor, or the result of reckless disregard on the part of the property owner, agent, or their contractor. The property owner shall assume the burden of proof for demonstrating that the violation was not deliberate.
4. 
A repeat violation means a violation of the same regulation in any location within the City by the same responsible party, for which voluntary compliance previously has been sought or any enforcement action taken, within the immediate preceding 24-consecutive-month period, and will incur double the civil penalties set forth above.
5. 
Under RCW 59.18.085, if, after 60 days from the date that the City first advanced relocation assistance funds to displaced tenants, the landlord does not repay the amount of relocation assistance advanced by the City, the City shall assess civil penalties in the amount of $50.00 per day for each tenant to whom the City has advanced a relocation assistance payment.
6. 
The responsible parties have a duty to notify the Director of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the responsible party has come into compliance with the notice and order and has notified the Director of this compliance, and an official inspection has verified compliance and all assessed penalties and costs have been paid to the City.
7. 
a. 
Civil penalties will be waived by the Director or will be reimbursed to the payer by the Director, with the concurrence of the Administrative Services Director, under the following documented circumstances:
i. 
The notice and order were issued in error; or
ii. 
The civil penalties were assessed in error; or
iii. 
Notice failed to reach the property owner due to unusual circumstances.
b. 
Civil penalties accrued under subsection (D)(1) of this section will be reduced by the Director to 20 percent of accrued penalties if voluntary compliance is achieved and the City is reimbursed its reasonable staff and professional costs incurred in enforcing the notice and order.
8. 
Deep Green Incentive Program.
a. 
Failure to submit the supplemental reports required by SMC § 20.50.630(F) by the date required – within six months and two years of issuance of the certificate of occupancy – is subject to civil penalties as specified in subsections (D)(1) and (D)(4) of this section.
b. 
If the project does not meet the requirements after two years of occupancy as detailed under SMC § 20.50.630(F)(6)(a) through (F)(6)(c), the applicant or owner will be required to pay the following:
i. 
Failure to demonstrate compliance with the provisions contained in SMC § 20.50.630(F)(6)(a) through (F)(6)(c) is subject to a maximum penalty of five percent of the construction value set forth in the building permit for the structure. This fee may be reduced at the discretion of the Director based on the extent of noncompliance.
ii. 
In addition, the applicant or owner shall pay any permit or other fees that were waived by the City.
E. 
Abatement.
1. 
All public nuisances are subject to abatement under this subchapter.
2. 
Imminent Nuisance and Summary Abatement. If a condition, substance, act or nuisance exists which causes a condition, the continued existence of which constitutes an immediate and 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 the abatement, shall be given to the person responsible for the property and the violation as soon as reasonably possible after the abatement. The Director shall make the determination of a condition, substance, act or other occurrence constituting an imminent nuisance requiring summary abatement. Costs, both direct and indirect, of the abatement may be assessed as provided in this chapter.
3. 
In the case of such unfit dwellings, buildings, structures, and premises or portions thereof, the Director, as an alternative to any other remedy provided in this subchapter, may abate such conditions by demolition, repair, removal, or securing the site and have abatement costs collected as taxes by the King County Treasury pursuant to SMC § 20.30.775. If an occupied rental dwelling or its premises are declared unfit and required to be vacated by a notice and order, and the landlord fails to pay relocation assistance as set forth in RCW 59.18.085, the City shall advance relocation assistance funds to eligible tenants in accordance with RCW 59.18.085.
F. 
Additional Enforcement Provisions. The enforcement provisions of this section are not exclusive, and may be used in addition to other enforcement provisions authorized by the Shoreline Municipal Code or by State law, including filing for injunctive relief or filing of a civil action.
(Formerly 20.30.740. Ord. 238 Ch. III § 10(c), 2000; Ord. 251 § 2(D), 2000; Ord. 391 § 4, 2005; Ord. 406 § 1, 2006; Ord. 466 § 2, 2007; Ord. 581 § 1 (Exh. 1), 2010; Ord. 631 § 1 (Exh. 1), 2012; Ord. 669 § 1 (Exh. A), 2013; Ord. 724 § 1 (Exh. A), 2015; Ord. 760 § 1 (Exh. A), 2017; Ord. 1045 § 1 (Exh. A), 2025)
A. 
All monies collected from the assessment of civil penalties, costs, and for abatement reimbursements recovered from violators resulting from code enforcement actions shall be deposited in a code enforcement/abatement fund and utilized for future code enforcement action expenses. Eligible expenses shall include, but not be limited to, all costs for abatement whether or not the responsible party is identified, education and outreach, and one-time expenses associated with a specific case necessary for obtaining code compliance.
B. 
The amount of cost of repairs, alterations or improvements; or vacating and closing; or removal or demolition by the Director shall be assessed against the real property upon which such cost was incurred unless such amount is previously paid. For the purposes of this section, the cost of vacating and closing shall include (1) the amount of relocation assistance payments advanced to the tenants under RCW 59.18.085 that a property owner has not repaid to the City, and (2) all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments under RCW 59.18.085.
Upon certification by the City Finance Director of the assessment amount being due and owing, the County Treasurer shall enter the amount of such assessment upon the tax rolls against the property for the current year and the same shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as provided for in RCW 84.56.020, as now or hereafter amended, for delinquent taxes, and when collected to be deposited to the credit of the general fund of the City.
If the dwelling, building, structure, or premises is removed or demolished by the Director, the Director shall, if possible, sell the materials from such dwelling, building, structure, or premises and shall credit the proceeds of such sale against the cost of the removal or demolition and if there be any balance remaining, it shall be paid to the parties entitled thereto, as determined by the Director, after deducting the costs incident thereto.
The assessment shall constitute a lien against the property, which shall be of equal rank with State, county and municipal taxes.
C. 
In addition to, or in lieu of, the provisions set forth in this subchapter, the City may commence a civil action in any court of competent jurisdiction to collect for any such charges incurred by the City to obtain compliance pursuant to this chapter and/or to collect any penalties that have been assessed.
(Ord. 238 Ch. III § 10(f), 2000; Ord. 391 § 4, 2005; Ord. 466 § 4, 2007; Ord. 788 § 1 (Exh. A), 2017)
A. 
Administrative Appeal – Filing Requirements.
1. 
Any person named in a notice and order, or any owner of the land where the violation for which a notice and order is issued, may file a notice of appeal within 14 days of the service of the notice and order.
2. 
A notice of appeal shall comply with the form, content and service requirements of SMC § 20.30.220 and rules promulgated thereunder.
B. 
Administrative Appeal – Procedures.
1. 
The appeal hearing shall be conducted as provided for a Type B action under SMC § 20.30.050 and Chapter 20.30, Subchapter 4, General Provisions for Land Use Hearings and Appeals, except that where specific provisions in that chapter conflict, the provisions of this section shall govern.
2. 
Enforcement of any notice and order of the Director issued pursuant to this subchapter shall be stayed as to the appealing party during the pendency of any administrative appeal under this section, except when the Director determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued.
3. 
Enforcement of any stop work order of the Director issued pursuant to this subchapter shall not be stayed during the pendency of any administrative appeal under this section.
4. 
When multiple stop work orders or notices and orders have been issued for any set of facts constituting a violation, the enforcement actions appeal may be consolidated.
C. 
Administrative Appeal – Final Order.
1. 
Following review of the evidence submitted, the Hearing Examiner shall make written findings and conclusions and shall affirm or modify the notice and order previously issued if the examiner finds that a violation has occurred. The examiner shall uphold the appeal and reverse the order if the examiner finds that no violation has occurred.
2. 
If an owner of property where a violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the property owner’s knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such an abatement in order to avoid doing substantial injustice to a nonculpable property owner.
3. 
The Hearing Examiner’s final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in superior court within the time period specified by State law.
(Ord. 238 Ch. III § 10(h), 2000)