1.25.180 Abatement by the city.
(1) The city may abate a condition which was caused by or continues to be a civil violation or civil infraction when:
(a) The terms of the voluntary correction agreement pursuant to this chapter have not been met; or
(b) An administrative notice and order has been issued, the period for filing an appeal with the mayor has expired, and the required correction has not been completed; or
(c) An administrative notice and order has been issued, a timely appeal was filed, the appellant failed to appear at the scheduled hearing or a hearing was held as provided in this chapter and the required correction has not been completed by the date specified by the decision of the mayor or order of the hearing examiner; or
(d) The condition is subject to abatement as provided for in RCW 35.21.310 and subsection (3) of this section; or
(e) The condition is subject to summary abatement as provided for in this chapter or other provisions of city or state law.
(2) Summary Abatement. When a violation of a regulation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety, or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
(3) Abatement of Obstructing, Overhanging, Dead, or Hazardous Vegetation. When a hazardous condition described in RCW 35.21.310 exists upon property located within the city, the city council may initiate proceedings against the landowner by resolution, passage of which shall not occur until at least five days’ prior written notice has been provided to the landowner. The resolution shall describe the subject property and the hazardous condition(s), and shall require the landowner to remove or destroy the same by the deadline established therein, which shall be no less than 10 days from the date of passage of the resolution. A copy of the resolution shall be provided to the landowner following passage. If the landowner fails to remove or destroy the hazardous condition(s) identified in the resolution by the deadline established therein, the city may cause the removal or destruction of such condition(s). Any costs incurred by the city shall become a charge to the landowner and a lien against the subject property. Notice of the lien herein authorized shall as nearly as practicable be in substantially the same form, filed with the same officer within the same time and manner, and enforced and foreclosed as is provided by law for liens for labor and materials.
(4) Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek judicial process as it deems necessary to effect the removal or correction of such condition.
(5) Recovery of Costs and Expenses. All costs incurred by the city in correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant, or other person entitled to use and/or have control of the property, and shall become due and payable to the city within 10 calendar days. Such costs may include, but are not limited to, the following expenses:
(a) “Legal expenses” which shall include, but are not limited to:
(i) Personnel costs, both direct and indirect, including attorney’s fees and all costs incurred by the city attorney’s office or its designee to abate nuisances and code violations;
(ii) Actual and incidental expenses and costs incurred by the city in preparing notices, contracts, court pleadings, and all other necessary documents required to abate nuisances and code violations; and
(iii) All costs associated with retention and use of expert witnesses and consultants during the course of abatement.
(b) “Abatement expenses” which shall include, but are not limited to:
(i) Costs incurred by the city for preparation of notices, contracts, and related documents necessary to abate nuisances and code violations;
(ii) All costs associated with inspection of the property and monitoring of said property consistent with correction orders issued by the city’s hearing examiner or a court of competent jurisdiction;
(iii) All costs incurred by the city for hauling, storage, disposal, or removal of vegetation, trash, debris, dangerous structures or structures unfit for human habitation, potential vermin habitat, potential fire hazards, junk vehicles, obstructions to public rights-of-way, and setback obstructions; and
(iv) All costs incurred by law enforcement or related enforcement agencies necessary to assist the city during abatement of nuisances or code violations. (Ord. 529 § 1, 2018)