Clyde Hill City Zoning Code

The purpose of this chapter is to promote compliance with the community standards established by Clyde Hill's Municipal Code through the investigation of potential or actual violations of the code and other applicable regulations. The city strives to support compliance with the municipal code by maintaining the following best practices:

By working in partnership with our residents we are able to enhance community pride, facilitate voluntary compliance, and increase safety within our community.

It is a violation of this title for any person to initiate, maintain or cause to be initiated or maintained the use of any structure, land or property within the city of Clyde Hill without first obtaining the permits or authorizations required for the use by this title.

It is a violation of this title 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 of Clyde Hill in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this title; provided, that the terms or conditions are explicitly stated on the permit or the approved plans.

In addition to the above, it is a violation of this title to:

The public works director, or the director's designee, shall be the official responsible for determining when to commence enforcement proceedings under this title. The public works director may call upon any other appropriate city department or personnel to assist in enforcement. As used in this chapter, "code enforcement officer" shall mean the public works director, including any staff member acting as the director's duly authorized representative.

Upon presentation of proper credentials, the code enforcement officer may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant, in order to perform the duties imposed by this title.

This chapter shall be enforced for the benefit of the health, safety or welfare of the general public, and not for the benefit of any particular person or class of persons. It is the intent of this chapter that the city will engage in code enforcement and investigation in both proactive and reactive situations as follows:

It is the intent of this chapter to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this title.

No provision of or any term used in this chapter is intended to impose any duty upon the city or any of its officers or employees that would subject the officer or employee to damages in a civil action.

Investigation. The code enforcement officer may investigate any structure or use which the officer reasonably believes does not comply with the standards and requirements of this title. Investigation includes, but is not limited to, communication with all parties and review of the applicable written record.

Notice of Violation. If after investigation, the code enforcement officer determines that the standards or requirements of this title have been or likely have been violated, the officer may serve a notice of violation upon the owner, tenant or other person responsible for the condition. The notice of violation shall contain the following information:

Service. The notice shall be served on the owner, tenant 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) are unknown or service cannot be accomplished and the code enforcement officer makes an affidavit to that effect, then service of the notice upon those person(s) may be made by:

Posting. In addition to the service requirements in subsection (C) of this section, a copy of the notice shall be posted at a conspicuous place on the property, unless posting the notice is not physically possible.

Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to CHMC § 17.80.010, § 17.80.012, § 17.80.018, or § 17.80.020.

Optional Notice to Others. The code enforcement officer may mail, or cause to be delivered to all residential or nonresidential rental units in the structure or post at a conspicuous place on the property, a notice that informs each recipient or resident about the notice of violation, stop work order or emergency order and the applicable requirements and procedures.

Amendment. A notice or order may be amended at any time in order to:

Determination of Time. When calculating a reasonable time for compliance, the code enforcement officer shall consider the following criteria:

Order Becomes Final Unless Appealed. Unless an appeal is filed with the hearing examiner in accordance with CHMC § 17.80.014, the notice of violation shall become final and the person(s) named in the notice of violation must immediately comply with all corrective actions and monetary penalties set forward in the notice within the time(s) established in the notice. A copy of the notice may be filed with the King County department of records if a lien is filed. The code enforcement officer may choose not to file a copy of the notice or order if the notice or order is directed only to a responsible person other than the owner of the property.

The person(s) cited in the notice of violation may appeal the notice by requesting an appeal within 30 calendar days after service of the notice. When the last day of the period so computed is a Saturday, Sunday or federal or city holiday, the period shall run until 4:00 p.m. on the next business day. The request must be in writing, and upon receipt of the appeal request, the code enforcement officer shall forward the request to the hearing examiner.

To be sufficient, the request for an appeal must contain the following:

At or after the appeal hearing, the hearing examiner may:

The hearing examiner shall issue a decision within 10 days of the date of the completion of the review and shall cause the same to be mailed electronically (email or otherwise) and by regular first class mail to the person(s) named on the notice of violation and to the complainant, if possible, and filed with the King County department of records, if applicable.

The decision of the hearing examiner shall be final and conclusive. No further appeals within the city (i.e., to the mayor, council, or city administrator) are allowed.

Fee. The fee for the appeal under this section shall be set by the resolution of the city council. The appeal fee shall accompany the appeal.

In addition to any other sanction or remedial procedure which may be available, any person violating or failing to comply with any of the provisions of this title shall be subject to a cumulative penalty in the amount of not more than $250.00 per day for each violation from the date set for compliance until compliance with the order is achieved.

The penalty imposed by this section shall be collected by civil action brought in the name of the city. The code enforcement officer shall notify the city attorney in writing of the name of any person subject to the penalty, and the city attorney shall, with the assistance of the code enforcement officer, take appropriate action to collect the penalty. The city shall be entitled to recover its attorneys' fees and costs if litigation is necessary to collect the civil penalty.

The violator may show as full or partial mitigation of liability:

In addition to any other sanction or remedial procedure which may be available, any person who knowingly violates or fails to comply with any of the provisions of this title is guilty of a gross misdemeanor, punishable by up to the maximum penalty established in RCW 9A.20.012, as now enacted or hereafter amended. Each day of noncompliance with any of the provisions of this title shall constitute a separate offense.

The above criminal penalty may also be imposed: