14.40.040 Notice of civil violation.
A. Issuance.
1. When the applicable department director determines that a violation has occurred or is occurring, and is unable to secure voluntary correction pursuant to LMC 14.40.030, the applicable department director may issue a Notice of Civil Violation to the person responsible for the violation.
2. The applicable department director may issue a Notice of Civil Violation without having attempted to secure voluntary correction as provided in LMC 14.40.030 under the following circumstances:
a. When an emergency exists; or
b. When a repeat violation occurs; or
c. When the violation creates a situation or condition which cannot be corrected; or
d. When the person knows or reasonably should have known that the action is in violation of a city of Lacey regulation.
B. Content. The Notice of Civil Violation shall include the following information:
1. The name and address of the person responsible for the violation; and
2. The street address or a 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 provision(s) of the city of Lacey regulation which has been violated; and
4. The required corrective action and a date and time by which the correction must be completed after which the city may abate the unlawful condition in accordance with LMC 14.40.060 and the hearings examiner’s order; and
5. The date, time, and location of an appeal hearing before the hearings examiner which will be at least ten days from the date the Notice of Civil Violation is issued; and
6. A statement indicating that the hearing will be canceled and no monetary penalty will be assessed if the applicable department director approves the completed, required corrective action at least forty-eight hours prior to the hearing; and
7. A statement that the costs and expenses of abatement incurred by the city pursuant to LMC 14.40.060(D) and a monetary penalty in an amount per day for each violation as specified in subsection E of this section may be assessed against the person to whom the Notice of Civil Violation is directed as specified and ordered by the hearings examiner.
C. Service of Notice. The applicable department director shall serve the Notice of Civil Violation upon the person to whom it is directed, either personally or by mailing a copy of the Notice of Civil Violation to such person at their last known address. If the person to whom it is directed cannot after due diligence be personally served within Thurston County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the Notice of Civil Violation conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. Extension. No extension of the time specified in the Notice of Civil Violation for correction of the violation may be granted, except by order of the hearings examiner.
E. Monetary Penalty. The monetary penalty for each separate violation per day or portion thereof shall be as follows:
1. First day of each violation: $100.00;
2. Second day of each violation: $200.00;
3. Third day of each violation: $300.00;
4. Fourth day of each violation: $400.00;
5. Each additional day of each violation beyond four days: $500.00 per day.
F. Continued Duty to Correct. Payment of the monetary penalty does not relieve the person to whom the Notice of Civil Violation was issued of the duty to correct the violation.
G. Collection of Monetary Penalty.
1. The monetary penalty constitutes a personal obligation of the person to whom the Notice of Civil Violation is directed. Any monetary penalty assessed must be paid to the city of Lacey at the department of community and economic development within ten calendar days from the date of mailing of the hearings examiner’s decision or a notice from the city that penalties are due.
2. The city shall contract with a collection agency in order to collect monetary penalties from individuals who do not pay within ten calendar days of the hearings examiner’s decision. (Ord. 1539 §21, 2019; Ord. 926 §2 (part), 1991).