§ 6.75.050. Investigation, infraction citations and notices of violation

(a) Authority to Enter. Upon presentation of proper credentials, the code enforcement officer may, with the consent of the owner or occupant of a building or premises, enter at reasonable times any building or premises in order to perform the duties imposed by this chapter.

(b) Investigation Upon Complaint or Personal Knowledge. The code enforcement officer shall investigate any structure or use when he or she receives a complaint from an identifiable person who owns, rents or leases real property affected by the code violation to which the complaint relates or when the code enforcement officer reasonably believes, based on personal knowledge, that any structure or use does not comply with the applicable standards and requirements of this code.

(c) Infraction Citation. If after investigation the code enforcement officer has probable cause to believe that the applicable standards or requirements of this code have been violated, the code enforcement officer may issue a civil infraction citation in accordance with RCW 7.80, which is incorporated herein by this reference, upon the owner, occupant, tenant, manager, agent, or other person responsible for the condition.

(d) Notice of Violation and Order/Administrative Proceeding. Alternatively, after investigation, the code enforcement officer may serve a notice of violation and order upon the owner, occupant, tenant, manager, agent, or other person responsible for the condition. The notice of violation and order shall contain the following information:

(1) The notice of violation and order shall contain a brief and concise description of the conditions alleged to be in violation of the municipal code and the provisions of this code alleged to have been violated.

(2) The notice of violation and order shall contain a statement of the corrective action required and shall specify a reasonable time within which the action must be accomplished.

(3) The notice of violation and order shall contain an explanation of the appeal process and the specific information required to file an appeal.

(e) Service of a Notice of Violation. A notice of violation and order shall be served on the owner, occupant, tenant, manager, agent, or other person responsible for the condition by personal service, registered mail, or certified mail with return receipt requested, addressed to the last known address of such person. If, after a reasonable search and reasonable efforts are made to obtain service, the whereabouts of the person(s) is unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon such person(s) may be made by:

(1) Publishing the notice once each week for two consecutive weeks in the city's official newspaper; and

(2) Mailing a copy of the notice to each person named on the notice of violation by first class mail to the last known address if known, or if unknown, to the address of the property involved in the proceedings.

(f) Posting. A copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

(g) 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.

(h) Final Orders. Any notice of violation and order issued by the code enforcement officer pursuant to this chapter shall become a final order unless, no later than ten calendar days after the order is served, any person aggrieved by the order files an appeal with the code enforcement officer in accordance with Sections 6.75.090 and 6.75.095

(i) Separate Offenses. For enforcement purposes, each day, defined as the twenty-four-hour period beginning at 12:01 a.m., in which violation of this chapter occurs, shall constitute a separate violation.

(Ord. 1613 § 1 (part), 2004.)