(1) It is the intent of this title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope.

(2) It is the responsibility of an applicant to provide accurate and complete information and plans to comply with the requirements of this title and all applicable laws and regulations. The county is not responsible for the accuracy of information or plans provided to the county for review or approval.

(3) The department, or any other county department reviewing an application, may inspect any development activity to enforce the provisions of this title. By submitting an application to the county, the applicant consents to entry upon the site by the county during regular business hours for the purpose of making reasonable inspection to verify information provided by the applicant and to verify that work is being performed in accordance with the approved plans and permits and the requirements of this title. Consent to entry extends from the date of application to the date of final action by the County. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Nothing in this title shall be construed to impose any duty upon the county or any of its officers or employees so as to subject them to liability for damages in a civil action, including but not be limited to the following:

(2) The granting of a permit for any development or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the county, or any official or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon, or cause of action against, the county, official, or employee for any damage that may result thereto.

(3) The county, under the provisions of this title, does not guarantee that reviews and/or inspections will detect all hazards, design defects, or code violations.

(4) The act of the county issuing permits and conducting inspections shall in no way be deemed to be a waiver of governmental immunity. Inspection and licensing is performed pursuant to the police power of the county.

(5) Administration of this title shall not be construed to impose or create a basis for any liability on the part of the county, its appointed and elected officials, officers, agents, or employees, nor shall this chapter be construed to create any special relationship with or otherwise protect any specific person or class of persons. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) It is the intent of this title to place the obligation of complying with the requirements of this title and all applicable laws and regulations upon the owner, and jointly and severally upon the occupant of the land and buildings within its scope.

(2) It is the responsibility of an applicant to provide accurate and complete information and plans to comply with the requirements of this title and all applicable laws and regulations. The county is not responsible for the accuracy of information or plans provided to the county for review or approval.

(3) The department, or any other county department reviewing an application, may inspect any development activity to enforce the provisions of this title. By submitting an application to the county, the applicant consents to entry upon the site by the county during regular business hours for the purpose of making reasonable inspection to verify information provided by the applicant and to verify that work is being performed in accordance with the approved plans and permits and the requirements of this title. Consent to entry extends from the date of application to the date of final action by the County. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Nothing in this title shall be construed to impose any duty upon the county or any of its officers or employees so as to subject them to liability for damages in a civil action, including but not be limited to the following:

(2) The granting of a permit for any development or use shall not constitute a representation, guarantee, or warranty of any kind or nature by the county, or any official or employee thereof, of the practicality or safety of any structure or use proposed and shall create no liability upon, or cause of action against, the county, official, or employee for any damage that may result thereto.

(3) The county, under the provisions of this title, does not guarantee that reviews and/or inspections will detect all hazards, design defects, or code violations.

(4) The act of the county issuing permits and conducting inspections shall in no way be deemed to be a waiver of governmental immunity. Inspection and licensing is performed pursuant to the police power of the county.

(5) Administration of this title shall not be construed to impose or create a basis for any liability on the part of the county, its appointed and elected officials, officers, agents, or employees, nor shall this chapter be construed to create any special relationship with or otherwise protect any specific person or class of persons. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Rules as authorized by this chapter are intended to provide detail or specificity for existing code sections or requirements. This chapter does not authorize or support the creation or enactment of new regulations through the rulemaking process.

(2) This chapter shall not apply to:

(1) The name of the department issuing the rule;

(2) The subject or title of the rule;

(3) Reference, to the provision of this title, law, or ordinance upon which the rule is based;

(4) The content of the rule; and

(5) The date the rule becomes effective. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Prior to approval, amendment or repeal of any rule, the applicable director shall give at least 21 days notice of a proposed rulemaking action by filing a notice with the clerk of the Snohomish County Council, posting a copy of the proposed rule at the information counter of the department, giving public notice by one publication in the official county newspaper, and by such other means as the director may deem appropriate.

(2) Notice shall include:

(1) After reviewing and considering the comments submitted in response to the notice of proposed rulemaking, the applicable director may approve the proposed rule or rule amendment with or without changes, or repeal an existing rule.

(2) The director shall provide notice of adoption of the proposed rule, rule amendment, or repeal of the rule by filing a notice of final action with the clerk of the county council, giving public notice in the official county newspaper, and sending copies to any person who submitted written comments on the proposed rule.

(3) The decision of the applicable director on matters relating to adoption of administrative rules shall be final and not subject to review. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A rule approved under SCC 30.82.040 shall become effective upon filing notice of final action on the rule with the clerk of the county council, or after filing if a later date is specified in the rule.

(2) A rule issued in accordance with the provisions of this chapter shall have the same effect and shall be enforceable as a provision of this title.

(3) A rule shall remain in effect until amended or repealed in writing by the director pursuant to this chapter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A rule approved under SCC 30.82.040 shall be reviewed by the council upon request by an interested person when such request is submitted in writing to the department no later than 120 days after rule approval.

(2) Council review shall determine whether the adopted rule is consistent with the scope of the department’s rule making authority as specified in SCC 30.82.010(1).

(3) After reviewing the rule, the council may, upon motion, direct the department to retain, amend or repeal the rule.

(4) The person requesting review and the department shall be notified of the date, time and place of council review at least 14 days prior to council review. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Rules as authorized by this chapter are intended to provide detail or specificity for existing code sections or requirements. This chapter does not authorize or support the creation or enactment of new regulations through the rulemaking process.

(2) This chapter shall not apply to:

(1) The name of the department issuing the rule;

(2) The subject or title of the rule;

(3) Reference, to the provision of this title, law, or ordinance upon which the rule is based;

(4) The content of the rule; and

(5) The date the rule becomes effective. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) Prior to approval, amendment or repeal of any rule, the applicable director shall give at least 21 days notice of a proposed rulemaking action by filing a notice with the clerk of the Snohomish County Council, posting a copy of the proposed rule at the information counter of the department, giving public notice by one publication in the official county newspaper, and by such other means as the director may deem appropriate.

(2) Notice shall include:

(1) After reviewing and considering the comments submitted in response to the notice of proposed rulemaking, the applicable director may approve the proposed rule or rule amendment with or without changes, or repeal an existing rule.

(2) The director shall provide notice of adoption of the proposed rule, rule amendment, or repeal of the rule by filing a notice of final action with the clerk of the county council, giving public notice in the official county newspaper, and sending copies to any person who submitted written comments on the proposed rule.

(3) The decision of the applicable director on matters relating to adoption of administrative rules shall be final and not subject to review. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A rule approved under SCC 30.82.040 shall become effective upon filing notice of final action on the rule with the clerk of the county council, or after filing if a later date is specified in the rule.

(2) A rule issued in accordance with the provisions of this chapter shall have the same effect and shall be enforceable as a provision of this title.

(3) A rule shall remain in effect until amended or repealed in writing by the director pursuant to this chapter. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) A rule approved under SCC 30.82.040 shall be reviewed by the council upon request by an interested person when such request is submitted in writing to the department no later than 120 days after rule approval.

(2) Council review shall determine whether the adopted rule is consistent with the scope of the department’s rule making authority as specified in SCC 30.82.010(1).

(3) After reviewing the rule, the council may, upon motion, direct the department to retain, amend or repeal the rule.

(4) The person requesting review and the department shall be notified of the date, time and place of council review at least 14 days prior to council review. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) This chapter is intended to provide a process for administrative interpretation of the provisions of this title. Code interpretations:

(2) This chapter applies to written interpretations of this title. This chapter does not apply to:

(1) Any person may submit a written request for a code interpretation to the director, or the director may issue a code interpretation on the director’s own initiative.

(2) At a minimum, a request for a code interpretation shall include:

(3) A filing fee in accordance with SCC 30.86.610 shall accompany each request for an interpretation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The applicable director for making the interpretation is determined pursuant to SCC 30.81.010.

(2) A request for a code interpretation shall be treated as a Type 1 decision, providing public notice and an opportunity to comment before making an administrative decision pursuant to SCC 30.70.050.

(3) The director shall mail a written response to any person filing a request for a code interpretation within 14 days of receiving the request. The response shall indicate when the interpretation is expected to be issued. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008).

(1) Only an applicant for a project may request an interpretation relating to a specific project. At the time of making the request, the applicant shall elect to have the request processed as a separate Type 1 application or in conjunction with the underlying application. If processed in conjunction with the underlying application, the applicant shall waive the processing timeline of SCC 30.70.110 for the time necessary to process the code interpretation, not to exceed 60 days.

(2) Persons other than the applicant may not request a project-related interpretation pursuant to this chapter, but may submit comments as a party of record.

(1) Only one interpretation per issue shall be rendered by the director. In the event an interpretation is requested on an issue previously addressed, the director shall provide a copy of the previous interpretation to satisfy the request.

(2) An interpretation issued pursuant to this chapter shall have the same effect and be enforceable as a provision of this title. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008).

(1) This chapter is intended to provide a process for administrative interpretation of the provisions of this title. Code interpretations:

(2) This chapter applies to written interpretations of this title. This chapter does not apply to:

(1) Any person may submit a written request for a code interpretation to the director, or the director may issue a code interpretation on the director’s own initiative.

(2) At a minimum, a request for a code interpretation shall include:

(3) A filing fee in accordance with SCC 30.86.610 shall accompany each request for an interpretation. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003).

(1) The applicable director for making the interpretation is determined pursuant to SCC 30.81.010.

(2) A request for a code interpretation shall be treated as a Type 1 decision, providing public notice and an opportunity to comment before making an administrative decision pursuant to SCC 30.70.050.

(3) The director shall mail a written response to any person filing a request for a code interpretation within 14 days of receiving the request. The response shall indicate when the interpretation is expected to be issued. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008).

(1) Only an applicant for a project may request an interpretation relating to a specific project. At the time of making the request, the applicant shall elect to have the request processed as a separate Type 1 application or in conjunction with the underlying application. If processed in conjunction with the underlying application, the applicant shall waive the processing timeline of SCC 30.70.110 for the time necessary to process the code interpretation, not to exceed 60 days.

(2) Persons other than the applicant may not request a project-related interpretation pursuant to this chapter, but may submit comments as a party of record.

(1) Only one interpretation per issue shall be rendered by the director. In the event an interpretation is requested on an issue previously addressed, the director shall provide a copy of the previous interpretation to satisfy the request.

(2) An interpretation issued pursuant to this chapter shall have the same effect and be enforceable as a provision of this title. (Added by Amended Ord. 02-064, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Ord. 08-136, Oct. 29, 2008, Eff date Nov. 24, 2008).

(1) The purpose and applicability of this chapter is to establish requirements and procedures for administering security devices as authorized in and required by this title.

(2) Security devices shall be provided, as required by title 30 SCC and this chapter to ensure that all development activity authorized pursuant to title 30 SCC is satisfactorily performed and completed in accordance with the requirements of title 30 SCC and the approved plans, specifications, permit or approval requirements or conditions, and to assure that all work or actions not satisfactorily completed will, to the satisfaction of the director, be corrected to comply with said approved plans, specifications, permit or approval requirements or conditions.

(3) In accordance with RCW 36.32.590, state agencies and units of local government, including school districts, shall not be required to secure the performance of permit or approval conditions or requirements with a security device. State agencies and units of local government, including school districts, are required to comply with all requirements, terms, and conditions of the permit or approval, and the county may enforce compliance by withholding certificates of occupancy or occupancy approval, by administrative enforcement action, or by any other legal means.

(4) Private utilities not exempted under RCW 36.32.590 holding a franchise issued pursuant to chapter 13.80 SCC and having a current franchise bond or other franchise security device in place, shall not be required to post a performance security or maintenance security under this chapter if the available amount of the franchise security device is greater than or equal to the amount of the security device that would otherwise be required by this chapter. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) Performance security shall have the meaning given in SCC 30.91S.100.

(2) Maintenance security shall have the meaning given in SCC 30.91S.090.

(3) Performance monitoring security shall have the meaning given in SCC 30.91S.105.

(1) A security device shall be made on the forms as provided by the department or in a form acceptable to the director. The following general types of financial sureties may be used as security devices:

(2) All security devices shall provide for:

(3) The amount of all security devices shall include an inflation factor calculated for the term of the security device together with the term of any allowed extensions.

(4) In the event a development completes improvements to existing right-of-way pursuant to a title 13 SCC permit or future right-of-way and drainage facilities pursuant to a title 30 SCC permit, the maintenance securities required in accordance with SCC 13.10.108(1) and 30.84.120 shall be combined into one maintenance security with the same start and end date.

(5) The combined maintenance security may be divided into separate securities for right-of-way and drainage if special circumstances exist and approval is granted by both the director and the county engineer.

(6) When a security device is required or offered by a permittee for a development under this chapter, the property owner shall grant to the county a construction easement allowing the county to enter upon the property to complete the work guaranteed by the security device in the event such work is not completed as required. The easement shall be on a form provided by the county and shall be recorded with the county auditor before any permits may be issued for the development. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) Curative or restorative improvements have been made to the work and additional time is required to verify whether such improvements will function and operate as required; or

(2) The applicant has failed to cure defective work or has failed to maintain the improvements after notice from the county, and the director determines the applicant has made, or is making, a good faith commitment to ensure that the work will be completed and the improvements will operate as required. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) If the director determines that work covered by a security device has not been completed or is not operating in conformance with the approved plans, specifications, permit, or approval requirements or conditions, the director shall notify the permittee and the issuer of the security device of said nonconformance. The notice shall:

(2) After having given notice pursuant to subsection (1) of this section, the director may issue a stop work order prohibiting any additional work until the conditions are corrected.

(3) If the work to correct the noncompliance is not completed within the time specified the director may seek forfeiture of the security device, or a portion thereof, to correct the nonconformance. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements. The permittee may not proceed with work until the required amount of the security device has been re-established.

(4) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within 30 days of demand of the county, make a written commitment to the county that it will either:

(5) Upon completion of either of subsection (4)(a) or (4)(b) of this section, the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those improvements identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of subsection (4)(b) of this section, the county, upon completion of the remedy, shall notify the issuer of the actual cost of the remedy. The county shall return, without interest, any overpayment made by the issuer of the security device, and the issuer of the security device shall pay to the county any actual costs which exceeded the county’s estimate, limited to the total security device amount. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) The director or county engineer may determine an emergency exists when:

(2) When the director or county engineer determines that an emergency exists as provided above, the county may take action to correct the emergency at the permittee’s expense.

(3) The department shall notify the permittee and security device issuer within four days after commencing emergency work. The notice must state the work that was commenced and the nature or timing of the emergency that necessitated the county to perform emergency work without prior notification.

(4) After the county completes any emergency work, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures.

(5) If funds are collected from a security device, the permittee may not proceed with work covered by the security device until the required amount of the security device has been re-established. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) A performance security shall be released when:

(2) A maintenance security shall be released at the end of the time covered by the maintenance security provided that the facility, as determined by the director, is operating as designed.

(3) A performance monitoring security shall be released when mitigation performance standards have been achieved as determined by the director.

(4) The amount released shall be reduced by any sum forfeited to the county.

(5) Release by the county of the final performance security related to construction permitted pursuant to this title shall constitute final acceptance of the constructed facilities. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) If the county completes work under SCC 30.84.050 or 30.84.060, the permittee shall reimburse the county all costs incurred by the county in completing the work. If the county seeks reimbursement of expenditures by collecting on a security device, the permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.

(2) When the county uses the proceeds of a security device under SCC 30.84.050 or 30.84.060, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures. For funds collected pursuant to SCC 30.84.050 the county shall return, without interest, any overpayment made by the issuer of the security device.

(3) The county may enforce the provisions of this section using any and all available legal or equitable remedies. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The director, with the concurrence of the county engineer, may approve the delayed construction of certain public improvements under SCC 13.10.124 and certain private improvements (such as landscaping, wetland mitigation plantings, and the final placement of hot mix asphalt paving on private road network elements) in a subdivision, short subdivision, residential, or nonresidential development, when all of the following are met:

(2) Delayed construction shall be completed within two years of the county’s receipt and approval of the performance security, except as approved under subsection (3) of this section. The director, with the county engineer’s concurrence, may grant an extension of the deadline for construction up to one additional year for good cause shown.

(3) The director, with the county engineer’s concurrence, may allow construction approval of a subdivision, short subdivision, or residential development without the final placement of hot mix asphalt paving on new private road network elements. The placement of hot mix asphalt paving shall be completed within one year of the county’s receipt and approval of the performance security or earlier, as determined by the director, except that hot mix asphalt paving within a subdivision or short subdivision shall be completed within one year of recording the subdivision or short subdivision.

(4) Delayed construction of improvements approved under this section shall require a performance security in the amount of 150 percent of the estimated cost of all delayed improvements. The county engineer shall determine the estimate for the costs of the final placement of hot mix asphalt paving for private road network elements when delayed installation is approved. The director shall determine the estimate for the costs of any other improvements where delayed installation is approved. When making such estimates, the county engineer and the director shall consider the following:

(5) The performance security shall remain in effect until final inspection and construction acceptance by the county of all facilities specified by the plans whose construction is secured with the performance security.

(6) The performance security required pursuant to this section shall not be released or reduced until a maintenance security or performance monitoring security, if required, is accepted pursuant to this chapter. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) Prior to the issuance of any permit or approval for any development activity for which a full drainage plan is required, the applicant shall furnish the department a performance security. The performance security shall be for the installation and maintenance of erosion and sediment control measures in compliance with the approved plans, specifications, requirements, and regulations. The performance security shall not be released until a maintenance security is accepted.

(2) A maintenance security shall be provided for all installed drainage facilities after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).

(1) The director may require a performance security to ensure that the installation and maintenance of erosion and sediment control measures will be completed and maintained in accordance with the approved plans, specifications and requirements.

(2) After final inspection and acceptance of all work the department may require a maintenance security. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) Prior to issuance of any permit or approval which authorizes site disturbance which requires mitigation pursuant to chapter 30.62A SCC, the director shall require a performance security to assure that all mitigation required by chapter 30.62A SCC is satisfactorily completed in accordance with the approved plans, specifications, permit or approval requirements, and applicable regulations, will be corrected to comply with approved plans, specifications, requirements.

(2) The performance security shall be released when all mitigation is completed to the satisfaction of the department, pursuant to the plans, specifications and permit conditions and the department has accepted a performance monitoring security.

(3) A performance monitoring security shall be provided for all installed mitigation after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single-family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project or final of a single-family residence or duplex permit. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013).

(1) If the director approves a planting delay pursuant to SCC 30.25.043(2), a performance security shall be required pursuant to SCC 30.84.105(1), (2), (4), and (5) to ensure that all actions required by chapter 30.25 SCC are satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions.

(2) The director may require a maintenance security prior to releasing a performance security accepted pursuant to SCC 30.84.150(1). (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) The purpose and applicability of this chapter is to establish requirements and procedures for administering security devices as authorized in and required by this title.

(2) Security devices shall be provided, as required by title 30 SCC and this chapter to ensure that all development activity authorized pursuant to title 30 SCC is satisfactorily performed and completed in accordance with the requirements of title 30 SCC and the approved plans, specifications, permit or approval requirements or conditions, and to assure that all work or actions not satisfactorily completed will, to the satisfaction of the director, be corrected to comply with said approved plans, specifications, permit or approval requirements or conditions.

(3) In accordance with RCW 36.32.590, state agencies and units of local government, including school districts, shall not be required to secure the performance of permit or approval conditions or requirements with a security device. State agencies and units of local government, including school districts, are required to comply with all requirements, terms, and conditions of the permit or approval, and the county may enforce compliance by withholding certificates of occupancy or occupancy approval, by administrative enforcement action, or by any other legal means.

(4) Private utilities not exempted under RCW 36.32.590 holding a franchise issued pursuant to chapter 13.80 SCC and having a current franchise bond or other franchise security device in place, shall not be required to post a performance security or maintenance security under this chapter if the available amount of the franchise security device is greater than or equal to the amount of the security device that would otherwise be required by this chapter. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) Performance security shall have the meaning given in SCC 30.91S.100.

(2) Maintenance security shall have the meaning given in SCC 30.91S.090.

(3) Performance monitoring security shall have the meaning given in SCC 30.91S.105.

(1) A security device shall be made on the forms as provided by the department or in a form acceptable to the director. The following general types of financial sureties may be used as security devices:

(2) All security devices shall provide for:

(3) The amount of all security devices shall include an inflation factor calculated for the term of the security device together with the term of any allowed extensions.

(4) In the event a development completes improvements to existing right-of-way pursuant to a title 13 SCC permit or future right-of-way and drainage facilities pursuant to a title 30 SCC permit, the maintenance securities required in accordance with SCC 13.10.108(1) and 30.84.120 shall be combined into one maintenance security with the same start and end date.

(5) The combined maintenance security may be divided into separate securities for right-of-way and drainage if special circumstances exist and approval is granted by both the director and the county engineer.

(6) When a security device is required or offered by a permittee for a development under this chapter, the property owner shall grant to the county a construction easement allowing the county to enter upon the property to complete the work guaranteed by the security device in the event such work is not completed as required. The easement shall be on a form provided by the county and shall be recorded with the county auditor before any permits may be issued for the development. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) Curative or restorative improvements have been made to the work and additional time is required to verify whether such improvements will function and operate as required; or

(2) The applicant has failed to cure defective work or has failed to maintain the improvements after notice from the county, and the director determines the applicant has made, or is making, a good faith commitment to ensure that the work will be completed and the improvements will operate as required. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) If the director determines that work covered by a security device has not been completed or is not operating in conformance with the approved plans, specifications, permit, or approval requirements or conditions, the director shall notify the permittee and the issuer of the security device of said nonconformance. The notice shall:

(2) After having given notice pursuant to subsection (1) of this section, the director may issue a stop work order prohibiting any additional work until the conditions are corrected.

(3) If the work to correct the noncompliance is not completed within the time specified the director may seek forfeiture of the security device, or a portion thereof, to correct the nonconformance. After the county receives payment from a security device, the county will use the funds to complete the required work or improvements. The permittee may not proceed with work until the required amount of the security device has been re-established.

(4) In the event the county proceeds with forfeiture of a security device, the issuer of the security device shall, within 30 days of demand of the county, make a written commitment to the county that it will either:

(5) Upon completion of either of subsection (4)(a) or (4)(b) of this section, the issuer of the security device shall then have fulfilled its obligations under the applicable security device for only those improvements identified by the county in its notice. If the issuer of the security device elects to fulfill its obligation pursuant to the requirements of subsection (4)(b) of this section, the county, upon completion of the remedy, shall notify the issuer of the actual cost of the remedy. The county shall return, without interest, any overpayment made by the issuer of the security device, and the issuer of the security device shall pay to the county any actual costs which exceeded the county’s estimate, limited to the total security device amount. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 17-004, May 10, 2017, Eff date June 1, 2017; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) The director or county engineer may determine an emergency exists when:

(2) When the director or county engineer determines that an emergency exists as provided above, the county may take action to correct the emergency at the permittee’s expense.

(3) The department shall notify the permittee and security device issuer within four days after commencing emergency work. The notice must state the work that was commenced and the nature or timing of the emergency that necessitated the county to perform emergency work without prior notification.

(4) After the county completes any emergency work, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures.

(5) If funds are collected from a security device, the permittee may not proceed with work covered by the security device until the required amount of the security device has been re-established. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) A performance security shall be released when:

(2) A maintenance security shall be released at the end of the time covered by the maintenance security provided that the facility, as determined by the director, is operating as designed.

(3) A performance monitoring security shall be released when mitigation performance standards have been achieved as determined by the director.

(4) The amount released shall be reduced by any sum forfeited to the county.

(5) Release by the county of the final performance security related to construction permitted pursuant to this title shall constitute final acceptance of the constructed facilities. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) If the county completes work under SCC 30.84.050 or 30.84.060, the permittee shall reimburse the county all costs incurred by the county in completing the work. If the county seeks reimbursement of expenditures by collecting on a security device, the permittee shall reimburse the county for reasonable costs exceeding the amount of the security device.

(2) When the county uses the proceeds of a security device under SCC 30.84.050 or 30.84.060, the county shall provide the permittee and issuer of the security device with an itemized statement of expenditures. For funds collected pursuant to SCC 30.84.050 the county shall return, without interest, any overpayment made by the issuer of the security device.

(3) The county may enforce the provisions of this section using any and all available legal or equitable remedies. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) The director, with the concurrence of the county engineer, may approve the delayed construction of certain public improvements under SCC 13.10.124 and certain private improvements (such as landscaping, wetland mitigation plantings, and the final placement of hot mix asphalt paving on private road network elements) in a subdivision, short subdivision, residential, or nonresidential development, when all of the following are met:

(2) Delayed construction shall be completed within two years of the county’s receipt and approval of the performance security, except as approved under subsection (3) of this section. The director, with the county engineer’s concurrence, may grant an extension of the deadline for construction up to one additional year for good cause shown.

(3) The director, with the county engineer’s concurrence, may allow construction approval of a subdivision, short subdivision, or residential development without the final placement of hot mix asphalt paving on new private road network elements. The placement of hot mix asphalt paving shall be completed within one year of the county’s receipt and approval of the performance security or earlier, as determined by the director, except that hot mix asphalt paving within a subdivision or short subdivision shall be completed within one year of recording the subdivision or short subdivision.

(4) Delayed construction of improvements approved under this section shall require a performance security in the amount of 150 percent of the estimated cost of all delayed improvements. The county engineer shall determine the estimate for the costs of the final placement of hot mix asphalt paving for private road network elements when delayed installation is approved. The director shall determine the estimate for the costs of any other improvements where delayed installation is approved. When making such estimates, the county engineer and the director shall consider the following:

(5) The performance security shall remain in effect until final inspection and construction acceptance by the county of all facilities specified by the plans whose construction is secured with the performance security.

(6) The performance security required pursuant to this section shall not be released or reduced until a maintenance security or performance monitoring security, if required, is accepted pursuant to this chapter. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) Prior to the issuance of any permit or approval for any development activity for which a full drainage plan is required, the applicant shall furnish the department a performance security. The performance security shall be for the installation and maintenance of erosion and sediment control measures in compliance with the approved plans, specifications, requirements, and regulations. The performance security shall not be released until a maintenance security is accepted.

(2) A maintenance security shall be provided for all installed drainage facilities after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 15-103, Jan. 11, 2016, Eff date Jan. 22, 2016).

(1) The director may require a performance security to ensure that the installation and maintenance of erosion and sediment control measures will be completed and maintained in accordance with the approved plans, specifications and requirements.

(2) After final inspection and acceptance of all work the department may require a maintenance security. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010).

(1) Prior to issuance of any permit or approval which authorizes site disturbance which requires mitigation pursuant to chapter 30.62A SCC, the director shall require a performance security to assure that all mitigation required by chapter 30.62A SCC is satisfactorily completed in accordance with the approved plans, specifications, permit or approval requirements, and applicable regulations, will be corrected to comply with approved plans, specifications, requirements.

(2) The performance security shall be released when all mitigation is completed to the satisfaction of the department, pursuant to the plans, specifications and permit conditions and the department has accepted a performance monitoring security.

(3) A performance monitoring security shall be provided for all installed mitigation after final inspection and acceptance by the department and prior to recordation of a subdivision or short subdivision, approval of occupancy of the first new single-family detached unit (SFDU), issuance of a certificate of occupancy for condominiums, or any type of commercial project or final of a single-family residence or duplex permit. (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Amended Ord. 13-042, July 10, 2013, Eff date July 22, 2013).

(1) If the director approves a planting delay pursuant to SCC 30.25.043(2), a performance security shall be required pursuant to SCC 30.84.105(1), (2), (4), and (5) to ensure that all actions required by chapter 30.25 SCC are satisfactorily performed and completed in accordance with the approved plans, specifications, permit or approval requirements or conditions.

(2) The director may require a maintenance security prior to releasing a performance security accepted pursuant to SCC 30.84.150(1). (Added by Amended Ord. 10-086, Oct. 20, 2010, Eff date Nov. 4, 2010; Amended by Ord. 18-018, Mar. 28, 2018, Eff date Apr. 9, 2018).

(1) Efficient notice and opportunities to correct violations;

(2) Progressive monetary penalties proportionate to the violations;

(3) Contesting a citation or appealing a notice of violation;

(4) Collecting civil penalties; and

(5) Abatement and remediation of violations. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Failure to obtain required permits or authorizations within the administrative jurisdiction of the applicable department;

(2) Failure to comply with the terms or conditions of a permit or authorization issued by the applicable department;

(3) Failure to comply with any county code provision within the administrative jurisdiction of the applicable department;

(4) Failure to comply with rules or regulations adopted pursuant to the administrative authority of the applicable department;

(5) Removal without authorization or defacing any sign, notice or order posted pursuant to the administrative authority of the applicable department; and

(6) Failure to comply with a stop work or emergency order issued under this chapter. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date Mar. 1, 2013; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Violations of title 30 SCC, chapter 10.01 SCC, and chapter 13.01 SCC are determined to be detrimental to the public health, safety and welfare and are public nuisances.

(2) Whenever the applicable director determines that any condition creates a present or imminent hazard, or is likely to create a hazard to the public safety, health or welfare, to the environment, or to public or private property, the director may declare such condition a public nuisance. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Whenever a director has reason to believe a violation has occurred, the director may initiate any of the following enforcement actions against the person(s) responsible for the violation:

(2) In all cases the property owner shall be named as a responsible party in an enforcement action. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The following options provide a progressive strategy for achieving code compliance and are designed to protect life, health, safety and the public welfare.

(2) A citation and a notice of violation are intended for different types of violations and shall not be issued for the same violation.

(3) A violation may be referred to the prosecuting attorney for filing a misdemeanor complaint against the person(s).

(4) The county may seek legal or equitable relief at any time to enjoin any acts or practices that violate county code, or abate any condition that constitutes a nuisance. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Any entry made to private property for the purpose of inspection for code violations pursuant to this chapter shall conform with constitutional and statutory constraints of entry, and the holdings of relevant court cases regarding entry. The director is authorized to enter upon any property for the purpose of administering this chapter provided that the director shall make entry only if such entry is consistent with the constitutions and laws of the United States and the state of Washington. If so required by the constitutions and the laws of the United States or the state of Washington, the director shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose. The court may upon such application issue the search warrant for the purpose requested.

(2) If the director has probable cause to believe that conditions on the property create an immediate hazard to person or property, the director may enter the property immediately for the purpose of investigating the emergency conditions and initiating corrective action.

(3) Right of entry to enforce the fire code, chapter 30.53A SCC, shall be subject to the provisions of SCC 30.53A.148 and 30.53A.150. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Before initiating an enforcement action, the director may provide a warning notice to the person(s) responsible. The person(s) named in the warning notice may be given the opportunity to correct the violation(s), within the time specified in the warning notice.

(2) A warning notice shall be written in a form determined by the department and include the following information:

(3) The warning notice may include suggested corrective actions to cure, abate or stop the violation(s).

(4) Prior to issuing a citation under SCC 30.85.090 for the first violation of chapter 6.70 SCC, the director shall issue, at a minimum, two warning notices. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Violations of the following provisions of Snohomish County Code shall be subject to the citation and/or criminal provisions set forth in this chapter:

(2) Issuance of the citation is a final determination and a fine will be assessed in accordance with SCC Table 30.85.130.

(3) Payment of a fine assessed under the citation shall not relieve the person(s) named in the citation of any obligation to cure, abate or stop the violation(s).

(4) A citation may be modified or withdrawn by the department at any time it was issued in error or if an exemption form has been recorded or could be recorded under SCC 6.70.040.

(5) Each day a person violates or fails to comply with a provision of this section may be considered a separate violation for which a citation may be issued, including the period pending a contested hearing. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 14-073, Oct. 8, 2014, Eff date Oct. 27, 2014; Amended by Ord. 14-081, Oct. 29, 2014, Eff date Nov. 13, 2014; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Whenever a citation for a violation listed in SCC 30.85.090 is issued, the director may issue the citation to the owner(s) of the property and/or other person(s) responsible for the violation.

(2) The citation shall be on a form determined by the department and contain the following:

(3) The citation may include a statement of suggested corrective action(s).

(4) The citation shall state that payment of the fine does not relieve the person found in violation of the responsibility for curing, abating or stopping the violation.

(5) A citation may be amended at any time in order to correct clerical errors or to cite additional authority for a stated violation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Person(s) shall respond to a citation within 14 calendar days from the date of service by one of the following means:

(2) Responses to a citation shall include the citation number and shall be delivered by mail or by hand to the office of the Snohomish County Department of Planning and Development Services, attention Code Enforcement. If mailed, the date of postmark shall serve as the date received for purposes of this chapter.

(3) If a person fails to respond to a citation within 14 days of service, the director shall note that the person cited failed to respond to the citation within the designated appeal period and is deemed to have committed the violation identified in the citation. Notation of the failure to respond shall constitute a final decision under SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) When the department receives a written statement contesting a citation, the statement shall be transmitted to the hearing examiner within three business days.

(2) The applicable county department has the burden of proof by a preponderance of the evidence to prove:

(3) The public hearing shall be an open record hearing conducted in accordance with the Snohomish County Hearing Examiner Rules of Procedure, except as modified by this chapter.

(4) Each person participating in an open record hearing shall be allowed to:

(5) The citation containing the certified statement or declaration authorized by RCW 9A.72.085 submitted by the department and any attached documentation shall be prima facie evidence that a violation occurred and that the person(s) cited are responsible. The citation containing the certified statement or declaration of the code enforcement officer or inspector authorized under RCW 9A.72.085, and any other evidence accompanying the file shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without further evidentiary foundation.

(6) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based on this information, shall reverse or affirm the citation in whole or in part. The decision shall be issued within 15 days with an optional right of reconsideration. Except for decisions issued under chapter 6.70 SCC, appeals may be made by filing a land use petition in superior court within 21 days of issuance of the decision as provided in chapter 36.70C RCW. There shall be no appeal from decisions issued under chapter 6.70 SCC.

(7) The decision of the hearing examiner shall constitute a final decision and order under SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) The director may reduce fines assessed pursuant to SCC 30.85.130 if the violation is corrected within the 14-day period set forth in SCC 30.85.110, and the correction is verified by the department. A reduction shall be in writing and state the date on which the violation was corrected.

(2) For reduction or waiver of fines, the person(s) named shall have the burden of proof that the violation has been corrected and the date of correction, including verification by the department.

(3) Any reduction shall be based on an evaluation of individual circumstances, including, but not limited to the severity of the violation, repeat violations as defined in 30.85.280, the public interest being protected, and the responsiveness of the person(s) responsible to correct, cure, abate or stop the violation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) All violations of Snohomish County Code, except as otherwise provided in SCC 30.85.090, shall be subject to a notice of violation.

(2) A notice of violation represents a determination by the department that a violation has been committed and monetary penalties shall be assessed pursuant to SCC 30.85.170. If the person served with a notice of violation fails to respond to it by the compliance date, the director shall note that the person failed to respond to the notice of violation within the designated appeal period and is deemed to have committed the violation identified in the notice of violation. Notation of the failure to respond shall constitute a final decision under SCC 30.85.260.

(3) The notice of violation may list corrective actions suggested to remedy the violation.

(4) Payment of a monetary penalty assessed under a notice of violation shall not relieve the person(s) named in the notice of violation of the obligation to correct, cure, abate or stop the violation(s).

(5) The notice of violation is a final determination and the person(s) named in the notice of violation shall correct the violation by the date stated in the notice of violation, unless the notice of violation is appealed.

(6) A notice of violation may be withdrawn by the department at any time if it is determined that it was issued in error.

(7) A notice of violation may be amended at any time in order to correct clerical errors or to cite additional authority for a stated violation.

(8) When an administrative or judicial appeal is pending, additional notices of violation may be issued at the same location.

(9) The director may extend the time for compliance issued in a notice of violation upon finding that substantial progress toward compliance has been made. After penalties have begun to accrue, an extension of a notice of violation may be granted by the director, based upon the efforts of the violator to achieve compliance. Such an extension allows the director to stay the accrual of additional penalties until the new compliance date stated in the extension notice. Penalties that have already accrued prior to the extension shall not be waived, but may be reduced under SCC 30.85.180. An extension of time may be revoked by the director upon a finding that the conditions at the time the extension was granted have changed, or the person(s) responsible are not performing corrective actions required in the notice of violation. If the extension of the compliance date is revoked, a new compliance date shall be set, which may be the date of revocation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) A notice of violation shall be effective on the date served.

(2) A notice of violation shall be made on a form determined by the department and shall contain the following:

(1) Table 30.85.170 shall be used to determine the monetary penalties assessed for each violation identified in the notice of violation:

(2) Monetary penalties for both noncommercial and commercial notice of violations shall be assessed and accrue from the compliance date in the notice of violation or its written extension.

(3) Monetary penalties for repeat violations shall be assessed and accrue from the date of issuance of the notice of violation.

(4) If a notice of violation is stayed pending an appeal, the monetary penalties will accrue as of the date of the decision of the hearing examiner (adjusted for the time stayed pending the appeal), or the compliance date of compliance if the date of compliance hasn’t passed prior to the decision of the hearing examiner.

(5) The total monetary penalties for noncommercial violations shall not exceed $10,000 per violation, except as provided for in subsection (7) of this section.

(6) The total monetary penalties for commercial violations shall not exceed $25,000 per each violation, except as provided for in subsections (7)(a) and (b) of this section.

(7) The following violations shall be subject to enhanced monetary penalties:

(1) The director may reduce monetary penalties assessed in SCC 30.85.170 if the violation is corrected and the correction is verified by the department.

(2) For reduction of monetary penalties, the person(s) named in the notice of violation shall have the burden of proof that the violation has been corrected and the date of correction, including verification by the department.

(3) Monetary penalties shall not be reduced in the case of a repeat violator or repeat violation as defined in SCC 30.85.280.

(4) The director may base the decision to reduce a monetary penalty on an evaluation of individual circumstances, including, but not limited to, the severity of the violation, the public interest being protected, and the cooperation of the person responsible for the violation. The person(s) named in the notice of violation must submit a written request for reduction of monetary penalties that includes an explanation of the circumstances surrounding the commission of the violation and acts taken to correct the violation. Such requests should include the code enforcement case number and be addressed to the department’s code enforcement division.

(5) Nothing in this section shall obligate the director to reduce any monetary penalties. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) Upon service of a notice of violation, the person(s) named in the notice of violation shall have 14 calendar days to file an appeal, except when appealing a violation of the county shoreline management program. When the violation falls within a shoreline area, an appeal to a notice of violation of the county shoreline management program must be filed 30 days from the date of service pursuant to chapter 30.44 SCC and RCW 90.58.210(4).

(2) An appeal of a notice of violation must be in writing and contain the following:

(3) The appeal shall be delivered by U.S. mail or by hand to the office of the Snohomish County Department of Planning and Development Services, attention Code Enforcement. If mailed, the date of postmark shall serve as the date received for purposes of this chapter.

(4) Enforcement of a notice of violation and any penalty accruing shall be stayed pending an appeal as provided in SCC 30.85.240, unless the violation will cause immediate and irreparable harm as determined by the director. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-007, Mar. 21, 2012, Eff date Apr. 5, 2012; Amended by Ord. 20-020, June 24, 2020, Eff date July 11, 2020).

(1) When the department receives an appeal of a notice of violation pursuant to SCC 30.85.190, the department shall transmit the request and a copy of the file to the hearing examiner within three working days.

(2) The hearing examiner shall review the appeal document and may summarily dismiss the appeal if the filing is untimely, incomplete, frivolous, or beyond the hearing examiner’s jurisdiction. In such event, a summary dismissal order shall be issued by the hearing examiner within 15 working days following receipt of the appeal.

(3) If the appeal is not summarily dismissed the hearing examiner shall hold an open record hearing on the notice of violation within 60 calendar days after the date on which the hearing examiner received the notice of appeal. All testimony at the open record hearing shall be taken under oath.

(4) In order to facilitate and expedite fair and equitable hearings, the hearing examiner may adopt rules of procedure that supplement the requirements set forth in this chapter; provided, that in the event of any conflict between the requirements of the chapter and any rules of procedure adopted by the hearing examiner, the requirements of this chapter shall control.

(5) Each principal party participating in an open record hearing shall be allowed to:

(6) The county has the burden of proof by a preponderance of the evidence that the appellant(s) committed the violation.

(7) Each party participating in an open record hearing for appeal of a notice of violation shall submit a copy of its written materials to the hearing examiner and to each of the other parties appearing in the appeal pursuant to the following schedule:

(8) Optional prehearing briefing process:

(9) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based on this information, shall issue a written decision reversing or affirming the notice of violation, in whole or in part, and addressing the amount of monetary penalties, if any, to be imposed on the appellant(s). The final decision shall be issued within 15 working days of the conclusion of the open record hearing with an optional right of reconsideration pursuant to SCC 30.85.210.

(10) The decision of the hearing examiner shall constitute a final decision and order in accordance with SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 16-056, Aug. 17, 2016, Eff date Aug. 28, 2016).

(1) Any party to the appeal of a notice of violation may submit a written petition for reconsideration to the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The party seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. Enforcement of a hearing examiner decision and order and any penalty accruing thereunder shall be stayed during the pendency of a petition for reconsideration.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration shall:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if such person is reasonably available.

(5) The hearing examiner shall provide written notice of the request for reconsideration to all parties to the appeal within five calendar days after receiving said petition.

(6) Within 15 working days after the date on which the hearing examiner received the request for reconsideration, the hearing examiner shall issue a written decision (i) denying the petition for reconsideration, (ii) granting the petition for reconsideration in whole or in part, or (iii) requesting additional information, comments and/or oral argument from the parties prior to rendering a decision on the petition for reconsideration.

(7) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) The request must be received at least 15 days prior to the compliance date.

(2) The request for extending the time for correction of the violation shall include

(1) Whenever a director finds any work being performed in a manner in violation of the provisions of the code or in a dangerous or unsafe manner, the director may issue a stop work order.

(2) A stop work order shall be on a form determined by the director and state the reason(s) for the order and the conditions under which the cited work will be permitted to resume.

(3) A stop work order shall be delivered to the owner of the property involved, or to the owner’s agent, or to the person doing the work.

(4) Upon issuance of a stop work order, the cited work shall immediately cease.

(5) It shall be unlawful for any person to continue any work after being served with a stop work order. Violation of a stop work order shall be subject to the fines set forth in SCC 30.85.130.

(6) Violation of a stop work order may be subject to criminal prosecution or any other remedies at law. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Whenever a director becomes aware of a condition or activity that endangers public or private property, creates an immediate hazard, creates a violation of critical areas provisions or surface water protection, or threatens the health and safety of the occupants of any premises or members of the public, the director may issue an emergency order.

(2) The emergency order shall state the reason for the order and the conditions that must be remedied.

(3) Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous condition shall be immediately remedied.

(4) The person(s) named in the emergency order may appeal the order within 14 calendar days from the date of issuance of the order in accordance with SCC 30.85.190. An appeal of an emergency order shall not stay the requirement to immediately take action to remedy any dangerous or unsafe conditions.

(5) Violation of an emergency order may be subject to criminal prosecution. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) A warning notice, citation, or a notice of violation shall be served upon the responsible person(s) by one or both of the following methods:

(2) In all cases, the property owner may be named as a party to the violation, and notice shall be mailed to the address shown on the tax records of the county.

(3) If the whereabouts of the person(s) named is unknown, service shall be made by posting and/or publishing the notice in accordance with the following:

(4) A stop work order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The stop work order shall be effective on the date that it is posted.

(5) An emergency order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The emergency order shall be effective on the date that it is posted.

(6) Adequacy of mailed notice:

(1) A final order constitutes a final determination that a violation has occurred, the person(s) cited is responsible for the violation, and administrative options to contest the decision are exhausted.

(2) If after any order duly issued by the director or hearing examiner becomes final, and the person, firm, or corporation to whom the order is directed does not obey the order, including refusal to pay fines or monetary penalties assessed under such order, the county may:

(1) The county may, at its option, assign the collection of fines or monetary penalties to a collection agency or commence a civil action in any court of competent jurisdiction to collect costs and expenses of enforcement, costs of abatement incurred by the county to obtain compliance pursuant to this chapter and/or to collect any fines or penalties that have been assessed.

(2) The county, pursuant to chapter 19.16 RCW and at its option, may use a collection agency for the purpose of collecting penalties assessed in accordance with this chapter. The county shall add a reasonable fee to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the county attempts to notify the person responsible for the debt and that the debt may be assigned to a collection agency for collection of an unpaid debt.

(3) The county may convert the hearing examiner order or final order into a judgment. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The same or similar violation, as determined by the director, occurring on the same property within a 24 consecutive month time period.

(2) The same person(s) committing the same violation or similar violation, as determined by the director, on a different property in Snohomish County within a 24 consecutive month time period. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The certificate of noncompliance is a notice recorded on the title of real property. The purpose of the certificate is to give notice to interested parties of outstanding code violations.

(2) The director may record a certificate of noncompliance when:

(1) The director may temporarily suspend any permit for:

(2) The permit suspension shall be subject to the notice of violation provisions of this chapter, and the suspension shall be effective upon service of the notice of violation. The person(s) named on the notice of violation may appeal the suspension as provided by this chapter.

(3) Notwithstanding any other provision of this chapter, whenever the director finds that a violation of this title or any other applicable provision of the county code has created or is creating a dangerous condition or other condition which constitutes an immediate hazard, the director may, without service of a written notice and order, suspend and terminate activities under the permit immediately. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The applicable director may permanently revoke any permit issued pursuant to subtitle 30.5 SCC or chapter 30.63B SCC for:

(2) The permit revocation shall be carried out through the notice of violation provisions of this chapter and the revocation shall be effective upon service of the notice of violation. The person(s) responsible may appeal such revocation as provided by this chapter.

(3) This section does not apply to review, rescission or revocation of permit approvals processed pursuant to SCC 30.71.025. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) In addition to any other judicial or administrative remedy provided by this chapter or by law, the county may seek to abate any condition that constitutes a public nuisance as defined in SCC 30.85.040.

(2) Each successive owner of property who neglects to abate a continuing nuisance caused by a former owner upon or in the use of that property is liable for abatement procedures in the same manner as the owner at the time the nuisance was created.

(3) The county shall carry out abatement procedures in accordance with chapter 7.48 RCW.

(4) The cost of abatement, including administrative costs incurred as a result of the abatement, may be levied as a special assessment on the land or premises on which the nuisance is situated. This assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes, pursuant to RCW 36.32.120(10). (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The county shall have a lien for any civil penalty imposed or for the cost of any abatement work done pursuant to this chapter, or both, against the real property on which the civil penalty was imposed or any of the abatement work was performed.

(2) The civil penalty and the cost of abatement are also joint and several personal obligations of all persons in violation. The applicable director or the prosecuting attorney on behalf of Snohomish County may collect the civil penalty and the abatement work costs by use of all appropriate civil legal remedies.

(3) Any lien imposed by the county under this chapter shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The applicable director shall cause a claim for lien to be filed for record in the auditor’s office within 90 days from the date the civil penalty is due or within 90 days from the date of completion of the abatement work performed pursuant to this chapter.

(2) The claim of lien shall contain the following:

(3) The applicable director shall sign and verify the claim.

(4) The claim of lien may be amended in case of action brought to foreclose the lien, by order of the court, as long as the interests of third parties are not detrimentally affected by amendment.

(5) The auditor shall record and index the claims described in this chapter.

(6) No lien created by this chapter binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The lien provided by this chapter may be foreclosed and enforced by a civil action in a court having jurisdiction.

(2) All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.

(3) Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) As an alternative, or in addition to any other legal, equitable or administrative remedy provided in this chapter or by law or other regulation, any person who willfully or knowingly violates any provision of the land use codes of Snohomish County or aids or abets such violation shall be guilty of a misdemeanor. Upon conviction, such person(s) shall be punished in the manner provided for in RCW 9A.20.021, as it now exists or is hereafter amended, for violations of state law.

(2) In addition to incurring civil liability in accordance with the provisions of this chapter, any person found to be in violation of the county shoreline master program is also guilty of a misdemeanor subject to penalties pursuant to RCW 90.58.220. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Efficient notice and opportunities to correct violations;

(2) Progressive monetary penalties proportionate to the violations;

(3) Contesting a citation or appealing a notice of violation;

(4) Collecting civil penalties; and

(5) Abatement and remediation of violations. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Failure to obtain required permits or authorizations within the administrative jurisdiction of the applicable department;

(2) Failure to comply with the terms or conditions of a permit or authorization issued by the applicable department;

(3) Failure to comply with any county code provision within the administrative jurisdiction of the applicable department;

(4) Failure to comply with rules or regulations adopted pursuant to the administrative authority of the applicable department;

(5) Removal without authorization or defacing any sign, notice or order posted pursuant to the administrative authority of the applicable department; and

(6) Failure to comply with a stop work or emergency order issued under this chapter. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date Mar. 1, 2013; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Violations of title 30 SCC, chapter 10.01 SCC, and chapter 13.01 SCC are determined to be detrimental to the public health, safety and welfare and are public nuisances.

(2) Whenever the applicable director determines that any condition creates a present or imminent hazard, or is likely to create a hazard to the public safety, health or welfare, to the environment, or to public or private property, the director may declare such condition a public nuisance. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Whenever a director has reason to believe a violation has occurred, the director may initiate any of the following enforcement actions against the person(s) responsible for the violation:

(2) In all cases the property owner shall be named as a responsible party in an enforcement action. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The following options provide a progressive strategy for achieving code compliance and are designed to protect life, health, safety and the public welfare.

(2) A citation and a notice of violation are intended for different types of violations and shall not be issued for the same violation.

(3) A violation may be referred to the prosecuting attorney for filing a misdemeanor complaint against the person(s).

(4) The county may seek legal or equitable relief at any time to enjoin any acts or practices that violate county code, or abate any condition that constitutes a nuisance. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Any entry made to private property for the purpose of inspection for code violations pursuant to this chapter shall conform with constitutional and statutory constraints of entry, and the holdings of relevant court cases regarding entry. The director is authorized to enter upon any property for the purpose of administering this chapter provided that the director shall make entry only if such entry is consistent with the constitutions and laws of the United States and the state of Washington. If so required by the constitutions and the laws of the United States or the state of Washington, the director shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose. The court may upon such application issue the search warrant for the purpose requested.

(2) If the director has probable cause to believe that conditions on the property create an immediate hazard to person or property, the director may enter the property immediately for the purpose of investigating the emergency conditions and initiating corrective action.

(3) Right of entry to enforce the fire code, chapter 30.53A SCC, shall be subject to the provisions of SCC 30.53A.148 and 30.53A.150. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Before initiating an enforcement action, the director may provide a warning notice to the person(s) responsible. The person(s) named in the warning notice may be given the opportunity to correct the violation(s), within the time specified in the warning notice.

(2) A warning notice shall be written in a form determined by the department and include the following information:

(3) The warning notice may include suggested corrective actions to cure, abate or stop the violation(s).

(4) Prior to issuing a citation under SCC 30.85.090 for the first violation of chapter 6.70 SCC, the director shall issue, at a minimum, two warning notices. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Violations of the following provisions of Snohomish County Code shall be subject to the citation and/or criminal provisions set forth in this chapter:

(2) Issuance of the citation is a final determination and a fine will be assessed in accordance with SCC Table 30.85.130.

(3) Payment of a fine assessed under the citation shall not relieve the person(s) named in the citation of any obligation to cure, abate or stop the violation(s).

(4) A citation may be modified or withdrawn by the department at any time it was issued in error or if an exemption form has been recorded or could be recorded under SCC 6.70.040.

(5) Each day a person violates or fails to comply with a provision of this section may be considered a separate violation for which a citation may be issued, including the period pending a contested hearing. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 14-073, Oct. 8, 2014, Eff date Oct. 27, 2014; Amended by Ord. 14-081, Oct. 29, 2014, Eff date Nov. 13, 2014; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) Whenever a citation for a violation listed in SCC 30.85.090 is issued, the director may issue the citation to the owner(s) of the property and/or other person(s) responsible for the violation.

(2) The citation shall be on a form determined by the department and contain the following:

(3) The citation may include a statement of suggested corrective action(s).

(4) The citation shall state that payment of the fine does not relieve the person found in violation of the responsibility for curing, abating or stopping the violation.

(5) A citation may be amended at any time in order to correct clerical errors or to cite additional authority for a stated violation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Person(s) shall respond to a citation within 14 calendar days from the date of service by one of the following means:

(2) Responses to a citation shall include the citation number and shall be delivered by mail or by hand to the office of the Snohomish County Department of Planning and Development Services, attention Code Enforcement. If mailed, the date of postmark shall serve as the date received for purposes of this chapter.

(3) If a person fails to respond to a citation within 14 days of service, the director shall note that the person cited failed to respond to the citation within the designated appeal period and is deemed to have committed the violation identified in the citation. Notation of the failure to respond shall constitute a final decision under SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) When the department receives a written statement contesting a citation, the statement shall be transmitted to the hearing examiner within three business days.

(2) The applicable county department has the burden of proof by a preponderance of the evidence to prove:

(3) The public hearing shall be an open record hearing conducted in accordance with the Snohomish County Hearing Examiner Rules of Procedure, except as modified by this chapter.

(4) Each person participating in an open record hearing shall be allowed to:

(5) The citation containing the certified statement or declaration authorized by RCW 9A.72.085 submitted by the department and any attached documentation shall be prima facie evidence that a violation occurred and that the person(s) cited are responsible. The citation containing the certified statement or declaration of the code enforcement officer or inspector authorized under RCW 9A.72.085, and any other evidence accompanying the file shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without further evidentiary foundation.

(6) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based on this information, shall reverse or affirm the citation in whole or in part. The decision shall be issued within 15 days with an optional right of reconsideration. Except for decisions issued under chapter 6.70 SCC, appeals may be made by filing a land use petition in superior court within 21 days of issuance of the decision as provided in chapter 36.70C RCW. There shall be no appeal from decisions issued under chapter 6.70 SCC.

(7) The decision of the hearing examiner shall constitute a final decision and order under SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Ord. 23-128, Oct. 25, 2023, Eff date Jan. 1, 2025).

(1) The director may reduce fines assessed pursuant to SCC 30.85.130 if the violation is corrected within the 14-day period set forth in SCC 30.85.110, and the correction is verified by the department. A reduction shall be in writing and state the date on which the violation was corrected.

(2) For reduction or waiver of fines, the person(s) named shall have the burden of proof that the violation has been corrected and the date of correction, including verification by the department.

(3) Any reduction shall be based on an evaluation of individual circumstances, including, but not limited to the severity of the violation, repeat violations as defined in 30.85.280, the public interest being protected, and the responsiveness of the person(s) responsible to correct, cure, abate or stop the violation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) All violations of Snohomish County Code, except as otherwise provided in SCC 30.85.090, shall be subject to a notice of violation.

(2) A notice of violation represents a determination by the department that a violation has been committed and monetary penalties shall be assessed pursuant to SCC 30.85.170. If the person served with a notice of violation fails to respond to it by the compliance date, the director shall note that the person failed to respond to the notice of violation within the designated appeal period and is deemed to have committed the violation identified in the notice of violation. Notation of the failure to respond shall constitute a final decision under SCC 30.85.260.

(3) The notice of violation may list corrective actions suggested to remedy the violation.

(4) Payment of a monetary penalty assessed under a notice of violation shall not relieve the person(s) named in the notice of violation of the obligation to correct, cure, abate or stop the violation(s).

(5) The notice of violation is a final determination and the person(s) named in the notice of violation shall correct the violation by the date stated in the notice of violation, unless the notice of violation is appealed.

(6) A notice of violation may be withdrawn by the department at any time if it is determined that it was issued in error.

(7) A notice of violation may be amended at any time in order to correct clerical errors or to cite additional authority for a stated violation.

(8) When an administrative or judicial appeal is pending, additional notices of violation may be issued at the same location.

(9) The director may extend the time for compliance issued in a notice of violation upon finding that substantial progress toward compliance has been made. After penalties have begun to accrue, an extension of a notice of violation may be granted by the director, based upon the efforts of the violator to achieve compliance. Such an extension allows the director to stay the accrual of additional penalties until the new compliance date stated in the extension notice. Penalties that have already accrued prior to the extension shall not be waived, but may be reduced under SCC 30.85.180. An extension of time may be revoked by the director upon a finding that the conditions at the time the extension was granted have changed, or the person(s) responsible are not performing corrective actions required in the notice of violation. If the extension of the compliance date is revoked, a new compliance date shall be set, which may be the date of revocation. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) A notice of violation shall be effective on the date served.

(2) A notice of violation shall be made on a form determined by the department and shall contain the following:

(1) Table 30.85.170 shall be used to determine the monetary penalties assessed for each violation identified in the notice of violation:

(2) Monetary penalties for both noncommercial and commercial notice of violations shall be assessed and accrue from the compliance date in the notice of violation or its written extension.

(3) Monetary penalties for repeat violations shall be assessed and accrue from the date of issuance of the notice of violation.

(4) If a notice of violation is stayed pending an appeal, the monetary penalties will accrue as of the date of the decision of the hearing examiner (adjusted for the time stayed pending the appeal), or the compliance date of compliance if the date of compliance hasn’t passed prior to the decision of the hearing examiner.

(5) The total monetary penalties for noncommercial violations shall not exceed $10,000 per violation, except as provided for in subsection (7) of this section.

(6) The total monetary penalties for commercial violations shall not exceed $25,000 per each violation, except as provided for in subsections (7)(a) and (b) of this section.

(7) The following violations shall be subject to enhanced monetary penalties:

(1) The director may reduce monetary penalties assessed in SCC 30.85.170 if the violation is corrected and the correction is verified by the department.

(2) For reduction of monetary penalties, the person(s) named in the notice of violation shall have the burden of proof that the violation has been corrected and the date of correction, including verification by the department.

(3) Monetary penalties shall not be reduced in the case of a repeat violator or repeat violation as defined in SCC 30.85.280.

(4) The director may base the decision to reduce a monetary penalty on an evaluation of individual circumstances, including, but not limited to, the severity of the violation, the public interest being protected, and the cooperation of the person responsible for the violation. The person(s) named in the notice of violation must submit a written request for reduction of monetary penalties that includes an explanation of the circumstances surrounding the commission of the violation and acts taken to correct the violation. Such requests should include the code enforcement case number and be addressed to the department’s code enforcement division.

(5) Nothing in this section shall obligate the director to reduce any monetary penalties. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-018, May 2, 2012, Eff date May 21, 2012).

(1) Upon service of a notice of violation, the person(s) named in the notice of violation shall have 14 calendar days to file an appeal, except when appealing a violation of the county shoreline management program. When the violation falls within a shoreline area, an appeal to a notice of violation of the county shoreline management program must be filed 30 days from the date of service pursuant to chapter 30.44 SCC and RCW 90.58.210(4).

(2) An appeal of a notice of violation must be in writing and contain the following:

(3) The appeal shall be delivered by U.S. mail or by hand to the office of the Snohomish County Department of Planning and Development Services, attention Code Enforcement. If mailed, the date of postmark shall serve as the date received for purposes of this chapter.

(4) Enforcement of a notice of violation and any penalty accruing shall be stayed pending an appeal as provided in SCC 30.85.240, unless the violation will cause immediate and irreparable harm as determined by the director. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 12-007, Mar. 21, 2012, Eff date Apr. 5, 2012; Amended by Ord. 20-020, June 24, 2020, Eff date July 11, 2020).

(1) When the department receives an appeal of a notice of violation pursuant to SCC 30.85.190, the department shall transmit the request and a copy of the file to the hearing examiner within three working days.

(2) The hearing examiner shall review the appeal document and may summarily dismiss the appeal if the filing is untimely, incomplete, frivolous, or beyond the hearing examiner’s jurisdiction. In such event, a summary dismissal order shall be issued by the hearing examiner within 15 working days following receipt of the appeal.

(3) If the appeal is not summarily dismissed the hearing examiner shall hold an open record hearing on the notice of violation within 60 calendar days after the date on which the hearing examiner received the notice of appeal. All testimony at the open record hearing shall be taken under oath.

(4) In order to facilitate and expedite fair and equitable hearings, the hearing examiner may adopt rules of procedure that supplement the requirements set forth in this chapter; provided, that in the event of any conflict between the requirements of the chapter and any rules of procedure adopted by the hearing examiner, the requirements of this chapter shall control.

(5) Each principal party participating in an open record hearing shall be allowed to:

(6) The county has the burden of proof by a preponderance of the evidence that the appellant(s) committed the violation.

(7) Each party participating in an open record hearing for appeal of a notice of violation shall submit a copy of its written materials to the hearing examiner and to each of the other parties appearing in the appeal pursuant to the following schedule:

(8) Optional prehearing briefing process:

(9) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based on this information, shall issue a written decision reversing or affirming the notice of violation, in whole or in part, and addressing the amount of monetary penalties, if any, to be imposed on the appellant(s). The final decision shall be issued within 15 working days of the conclusion of the open record hearing with an optional right of reconsideration pursuant to SCC 30.85.210.

(10) The decision of the hearing examiner shall constitute a final decision and order in accordance with SCC 30.85.260. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013; Amended by Ord. 16-056, Aug. 17, 2016, Eff date Aug. 28, 2016).

(1) Any party to the appeal of a notice of violation may submit a written petition for reconsideration to the hearing examiner within 10 calendar days following the date of the hearing examiner’s written decision. The party seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties to the appeal on the date of filing. Enforcement of a hearing examiner decision and order and any penalty accruing thereunder shall be stayed during the pendency of a petition for reconsideration.

(2) The grounds for seeking reconsideration shall be limited to the following:

(3) The petition for reconsideration shall:

(4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision, if such person is reasonably available.

(5) The hearing examiner shall provide written notice of the request for reconsideration to all parties to the appeal within five calendar days after receiving said petition.

(6) Within 15 working days after the date on which the hearing examiner received the request for reconsideration, the hearing examiner shall issue a written decision (i) denying the petition for reconsideration, (ii) granting the petition for reconsideration in whole or in part, or (iii) requesting additional information, comments and/or oral argument from the parties prior to rendering a decision on the petition for reconsideration.

(7) A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008; Amended by Amended Ord. 13-043, June 19, 2013, Eff date June 30, 2013).

(1) The request must be received at least 15 days prior to the compliance date.

(2) The request for extending the time for correction of the violation shall include

(1) Whenever a director finds any work being performed in a manner in violation of the provisions of the code or in a dangerous or unsafe manner, the director may issue a stop work order.

(2) A stop work order shall be on a form determined by the director and state the reason(s) for the order and the conditions under which the cited work will be permitted to resume.

(3) A stop work order shall be delivered to the owner of the property involved, or to the owner’s agent, or to the person doing the work.

(4) Upon issuance of a stop work order, the cited work shall immediately cease.

(5) It shall be unlawful for any person to continue any work after being served with a stop work order. Violation of a stop work order shall be subject to the fines set forth in SCC 30.85.130.

(6) Violation of a stop work order may be subject to criminal prosecution or any other remedies at law. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Whenever a director becomes aware of a condition or activity that endangers public or private property, creates an immediate hazard, creates a violation of critical areas provisions or surface water protection, or threatens the health and safety of the occupants of any premises or members of the public, the director may issue an emergency order.

(2) The emergency order shall state the reason for the order and the conditions that must be remedied.

(3) Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous condition shall be immediately remedied.

(4) The person(s) named in the emergency order may appeal the order within 14 calendar days from the date of issuance of the order in accordance with SCC 30.85.190. An appeal of an emergency order shall not stay the requirement to immediately take action to remedy any dangerous or unsafe conditions.

(5) Violation of an emergency order may be subject to criminal prosecution. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) A warning notice, citation, or a notice of violation shall be served upon the responsible person(s) by one or both of the following methods:

(2) In all cases, the property owner may be named as a party to the violation, and notice shall be mailed to the address shown on the tax records of the county.

(3) If the whereabouts of the person(s) named is unknown, service shall be made by posting and/or publishing the notice in accordance with the following:

(4) A stop work order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The stop work order shall be effective on the date that it is posted.

(5) An emergency order shall be served by posting in a conspicuous place on the property where the violation is occurring and by personal service or certified mail return receipt requested. The emergency order shall be effective on the date that it is posted.

(6) Adequacy of mailed notice:

(1) A final order constitutes a final determination that a violation has occurred, the person(s) cited is responsible for the violation, and administrative options to contest the decision are exhausted.

(2) If after any order duly issued by the director or hearing examiner becomes final, and the person, firm, or corporation to whom the order is directed does not obey the order, including refusal to pay fines or monetary penalties assessed under such order, the county may:

(1) The county may, at its option, assign the collection of fines or monetary penalties to a collection agency or commence a civil action in any court of competent jurisdiction to collect costs and expenses of enforcement, costs of abatement incurred by the county to obtain compliance pursuant to this chapter and/or to collect any fines or penalties that have been assessed.

(2) The county, pursuant to chapter 19.16 RCW and at its option, may use a collection agency for the purpose of collecting penalties assessed in accordance with this chapter. The county shall add a reasonable fee to the outstanding debt for the collection agency fee incurred or to be incurred as a result of the use of the collection agency. No debt may be assigned to a collection agency until at least 30 days have elapsed from the time that the county attempts to notify the person responsible for the debt and that the debt may be assigned to a collection agency for collection of an unpaid debt.

(3) The county may convert the hearing examiner order or final order into a judgment. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The same or similar violation, as determined by the director, occurring on the same property within a 24 consecutive month time period.

(2) The same person(s) committing the same violation or similar violation, as determined by the director, on a different property in Snohomish County within a 24 consecutive month time period. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The certificate of noncompliance is a notice recorded on the title of real property. The purpose of the certificate is to give notice to interested parties of outstanding code violations.

(2) The director may record a certificate of noncompliance when:

(1) The director may temporarily suspend any permit for:

(2) The permit suspension shall be subject to the notice of violation provisions of this chapter, and the suspension shall be effective upon service of the notice of violation. The person(s) named on the notice of violation may appeal the suspension as provided by this chapter.

(3) Notwithstanding any other provision of this chapter, whenever the director finds that a violation of this title or any other applicable provision of the county code has created or is creating a dangerous condition or other condition which constitutes an immediate hazard, the director may, without service of a written notice and order, suspend and terminate activities under the permit immediately. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The applicable director may permanently revoke any permit issued pursuant to subtitle 30.5 SCC or chapter 30.63B SCC for:

(2) The permit revocation shall be carried out through the notice of violation provisions of this chapter and the revocation shall be effective upon service of the notice of violation. The person(s) responsible may appeal such revocation as provided by this chapter.

(3) This section does not apply to review, rescission or revocation of permit approvals processed pursuant to SCC 30.71.025. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) In addition to any other judicial or administrative remedy provided by this chapter or by law, the county may seek to abate any condition that constitutes a public nuisance as defined in SCC 30.85.040.

(2) Each successive owner of property who neglects to abate a continuing nuisance caused by a former owner upon or in the use of that property is liable for abatement procedures in the same manner as the owner at the time the nuisance was created.

(3) The county shall carry out abatement procedures in accordance with chapter 7.48 RCW.

(4) The cost of abatement, including administrative costs incurred as a result of the abatement, may be levied as a special assessment on the land or premises on which the nuisance is situated. This assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes, pursuant to RCW 36.32.120(10). (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The county shall have a lien for any civil penalty imposed or for the cost of any abatement work done pursuant to this chapter, or both, against the real property on which the civil penalty was imposed or any of the abatement work was performed.

(2) The civil penalty and the cost of abatement are also joint and several personal obligations of all persons in violation. The applicable director or the prosecuting attorney on behalf of Snohomish County may collect the civil penalty and the abatement work costs by use of all appropriate civil legal remedies.

(3) Any lien imposed by the county under this chapter shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens, except for state and county taxes, with which it shall be on a parity. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The applicable director shall cause a claim for lien to be filed for record in the auditor’s office within 90 days from the date the civil penalty is due or within 90 days from the date of completion of the abatement work performed pursuant to this chapter.

(2) The claim of lien shall contain the following:

(3) The applicable director shall sign and verify the claim.

(4) The claim of lien may be amended in case of action brought to foreclose the lien, by order of the court, as long as the interests of third parties are not detrimentally affected by amendment.

(5) The auditor shall record and index the claims described in this chapter.

(6) No lien created by this chapter binds the property subject to the lien for a period longer than three years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) The lien provided by this chapter may be foreclosed and enforced by a civil action in a court having jurisdiction.

(2) All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.

(3) Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another party to the suit who claims a lien. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) As an alternative, or in addition to any other legal, equitable or administrative remedy provided in this chapter or by law or other regulation, any person who willfully or knowingly violates any provision of the land use codes of Snohomish County or aids or abets such violation shall be guilty of a misdemeanor. Upon conviction, such person(s) shall be punished in the manner provided for in RCW 9A.20.021, as it now exists or is hereafter amended, for violations of state law.

(2) In addition to incurring civil liability in accordance with the provisions of this chapter, any person found to be in violation of the county shoreline master program is also guilty of a misdemeanor subject to penalties pursuant to RCW 90.58.220. (Added by Amended Ord. 08-062, Oct. 1, 2008, Eff date Nov. 1, 2008).

(1) Fee refund requests shall be submitted in writing to the department. A request shall reference the applicable project file number, the specific reason for the request and the amount of refund requested.

(2) The date of the refund request shall be the date the written refund request is received by the department. For the purpose of computing elapsed calendar days, the day after the date of application or deadline date as appropriate shall be counted as day one.

(3) When authorized, refunds shall be made within 60-days of the refund request.

(4) Fee refunds shall not include the following:

(5) The director may authorize the following refunds:

(1) A technology surcharge is required for the cost of developing and implementing technology necessary to efficiently administer development and permit review by the department and to provide service improvements in permitting processes. The technology surcharge shall be paid in addition to any other fees required by law.

(2) A technology surcharge of three percent of required fees, is required to be paid by the applicant on all PDS fee transactions required by chapters 13.01 and 30.86 SCC, except impact mitigation fees and fees collected on behalf of cities pursuant to SCC 30.86.530, SCC 30.86.540, SCC 30.86.550 and SCC 30.86.620. (Added by Amended Ord. 08-122, Nov. 10, 2008, Eff date Jan. 1, 2009).

(1) A plan review fee in the amount of $640.00 shall be submitted to the department for any landscape plan, tree plan, or combination landscape and tree plan at the time of application for any permit or approval requiring a landscaping or tree plan.

(2) A landscape modification review fee of $315.00 shall be paid to the department at the time of application for a landscape modification.

(3) A landscape site inspection fee of $160.00 shall be paid to the department at or before permit issuance. An additional fee of $160.00 shall be paid prior to any re-inspection of required site landscaping. (Added by Amended Ord. 08-101, Jan. 21, 2009, Eff date Apr. 21, 2009; Amended by Amended Ord. 21-048, Sept. 29, 2021, Eff date Nov. 1, 2021).