HomeMy WebLinkAbout6971ORDINANCE NO. 6971
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RELATING TO THE TIME
PERIOD TO CORRECT CODE VIOLATIONS, AND
AMENDING SECTION 1.25.030.A.2 OF THE AUBURN CITY
CODE
WHEREAS, Section 1.25.030.A.2 of the Auburn City Code currently prescribes the
time period for an individual or entity to correct a violation of City Code, regardless of the
particulars of the violation;
WHEREAS, Section 1.25.030.A.2 provides a one (1) to fifteen (15) day period to
correct a violation of City Code, regardless of the particulars of the violation;
WHEREAS, code violations range in scope and requirements for corrections,
some requiring simple cleanup efforts, while others may require City permitting and other
approvals;
WHEREAS, due to the variation in potential code violations and the range in scope
and requirements it may take to address them, an amendment which grants the City
flexibility in setting a time period for correction will better serve the City, and its residents
and businesses; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Amendment to City Code. Section 1.25.030.A.2 of the Auburn City
Code is amended to read as shown in Exhibit A.
Section 2. Implementation. The Mayor is authorized to implement those
administrative procedures necessary to carry out the directives of this legislation.
Ordinance No. 6971
January 22, 2025
Page 1 of 2
Rev. 2024
EXHIBIT A - Page 1 of 3
1.25.030 Notice to correct violation.
A. Authority to Issue.
1. Whenever the code enforcement official or other authorized enforcement official, or
designee, determines that a violation is occurring or has occurred, they may issue a notice
to correct the violation, in a form pursuant to subsection C of this section, to the property
owner(s) and/or tenant(s) and/or to any person(s) causing or allowing or participating in the
violation.
2. If a notice to correct the violation has been issued, the code enforcement official shall
require the violation to be corrected within ^nee to 15 r-londar days a reasonable amount
of time from the issuance of the notice to correct and the time shall be designated in the
notice. The length of time to correct shall be determined, in the sole discretion of the code
enforcement official or other authorized enforcement official, or designee, by the scope of
violation, the history of prior violations by the same persons and/or at the same location
and method needed to correct violation. Should the correction of the violation require
permitting or other similar approvals, the code enforcement official or other authorized
enforcement official, or designee, may in their sole discretion set a time period by which to
apply for and/or obtain permitting and other approvals. All violations, in any event, shall be
corrected expediently.
B. Receipt of Correction Notice.
1. Upon receipt of notice to correct violation, the violator shall either correct the violation
or ask the code enforcement official for a reconsideration of the notice to correct within
the time frame set out in subsection (RM of this section.
2. If the violator corrects the violation, the code enforcement official shall close the
violation file and notify violator of compliance.
3. The property owner and/or tenant may request reconsideration of the notice to correct
violation by the code enforcement official. This request must be made in writing prior to
the date on which corrections are to be completed as specified in the notice. The code
enforcement official shall respond to the request for reconsideration, if timely received, no
later than seven calendar days from the date the request for reconsideration was received.
EXHIBIT A - Page 2 of 3
The code enforcement official may amend the notice: (a) to correct the notice, (b) for good
cause to allow for a longer time to correct the violation, (c) to amend the scope of violation,
or (d) to rescind the notice. A stay of the time allowed for correction shall be in effect from
the date that a request for reconsideration was received, if timely received, until the date a
response to the request for reconsideration is sent.
4. If the violator corrects the violation pursuant to the reconsideration determination, the
code enforcement official shall close the violation file and notify the violator of compliance.
C. Content. The notice to correct violation shall contain the following:
1. The name and address of the property owner and/or tenant and/or other person to
whom the notice to correct violation is directed; and
2. The street address or description sufficient for identification of the building, structure,
premises, or land upon or within which the violation has occurred or is occurring; and
3. A description of the violation and a reference to the Auburn City Code or related
provision, standard, regulation, procedure or permit which has been violated; and
4. A statement of the action required to betaken to correct the violation as determined by
the code enforcement official and a date or time by which correction is to be completed;
and
5. A statement that the property owner and/or tenant may request a reconsideration of
the notice to correct violation by the code enforcement official and the procedures
required for such request; and
6. A statement that the consequences of failing to correct the violation may result in
monetary penalties and/or other enforcement requirements; and
7. A statement that the person to whom the notice to correct violation is directed shall
inform the code enforcement official of the correction so an inspector can be sent to the
violation premises to confirm the correction.
D. Service of Notice. The code enforcement official shall cause the notice to correct violation to
be served on the person(s) to whom it is directed by personal service or by mailing a copy of
the notice to correct violation by regular mail, postage prepaid, to such person(s) at their last
EXHIBIT A - Page 3 of 3
known address. If the person's address is unknown, service shall be completed by mailing the
notice to the address of the most recent payer of the property tax for the property, as shown in
the county's records, and by posting a copy of the notice to correct violation conspicuously on
the affected property or structure. Mailed notices shall be deemed received three business
days after the postmark.
E. Extension. Upon written request received prior to the correction date or time, the code
enforcement official may extend the date set for correction for good cause. The code
enforcement official may consider but is not limited to the consideration of substantial
completion of the necessary correction or unforeseeable circumstances which render
completion impossible by the date established as good cause.
F. Repeat Violations. Notwithstanding the above provisions, in the case of a repeat violation, the
code enforcement official or other authorized enforcement official, or designee, may issue a
notice of infraction regardless of whether a notice to correct violation has been issued. For the
purposes hereof, "repeat violation" means that the same person or property has been the
subject of one or more notice to correct violation within the preceding 12 months. .
