8.02.125 Building official – Authority to impose administrative civil penalty.
A. In addition to, and not in lieu of, any other enforcement mechanism authorized by this code, upon a determination by the building official that a person has violated a provision of this chapter or a rule adopted thereunder, the building official may impose upon the violator and/or any other responsible person an administrative civil penalty as provided by subsections A to L of this section. For purposes of this subsection, a responsible person includes the violator, and if the violator is not the owner of the building or property at which the violation occurs, may include the owner as well.
B. Prior to imposing an administrative civil penalty under this section, the building official shall pursue reasonable attempts to secure voluntary correction, failing which the building official may issue a notice of civil violation to one or more of the responsible persons to correct the violation. Except where the building official determines that the violation poses an immediate threat to health, safety, environment, or public welfare, the time for correction shall be not less than five calendar days.
C. Following the date or time by which the correction must be completed as required by an order to correct a violation, the building official shall determine whether such correction has been completed. If the required correction has not been completed by the date or time specified in the order, the building official may impose a civil penalty on each person to whom an order to correct was issued.
D. Notwithstanding subsection B of this section, the building official may impose a civil penalty without having issued an order to correct violation or made attempts to secure voluntary correction where the building official determines that the violation was knowing or intentional or a repeat of a similar violation.
E. In imposing a penalty authorized by this section, the building official shall consider:
1. The person’s past history in taking all feasible steps or procedures necessary or appropriate to correct the violation;
2. Any prior violations of statutes, rules, orders, and permits;
3. The gravity and magnitude of the violation;
4. Whether the violation was repeated or continuous;
5. Whether the cause of the violation was an unavoidable accident, negligence, or an intentional act;
6. The violator’s cooperativeness and efforts to correct the violation; and
7. Any relevant rule of the building code or the City code.
F. The notice of civil penalty shall either be served by personal service or shall be sent by registered or certified mail and by first class mail. Any such notice served by mail shall be deemed received for purposes of any time computations hereunder three days after the date mailed if to an address within this state, and seven days after the date mailed if to an address outside this state. A notice of civil penalty shall include:
1. Reference to the particular code provision or rule involved;
2. A short and plain statement of the matters asserted or charged;
3. A statement of the amount of the penalty or penalties imposed;
4. The date on which the order to correct was issued and time by which correction was to be made, or if the penalty is imposed pursuant to subsection D of this section, a short and plain statement of the basis for concluding that the violation was knowing, intentional, or repeated; and
5. A statement of the party’s right to appeal the civil penalty to the city manager.
G. Any person who is issued a notice of civil penalty may appeal the penalty to the city manager. The city manager may not delegate the duty to oversee the appeal to the building official or building inspector. The provisions of BC 8.02.126 shall govern any requested hearing, except that the burden of proof shall be on the building official.
H. A civil penalty imposed hereunder shall become final upon expiration of the time for filing an appeal, unless the responsible person appeals the penalty to the city manager pursuant to, and within the time limits established by, BC 8.02.126. If the responsible person appeals the civil penalty to the city manager, the penalty shall become final, if at all, upon issuance of the city manager’s decision affirming the imposition of the administrative civil penalty.
I. Each day the violator fails to remedy the code violation shall constitute a separate violation.
J. Failure to pay a penalty imposed hereunder within 10 days after the penalty becomes final as provided in subsection H of this section shall constitute a violation of this code. Each day the penalty is not paid shall constitute a separate violation. The building official also is authorized to collect the penalty by any administrative or judicial action or proceeding authorized by subsection K of this section, other provisions of this code, or state statutes.
The civil administrative penalty authorized by this section shall be in addition to:
1. Assessments or fees for any costs incurred by the City in remediation, cleanup, or abatement; and
2. Any other actions authorized by law.
K. If an administrative civil penalty is imposed on a responsible person because of a violation of any provision of this code resulting from prohibited use or activity on real property, and the penalty remains unpaid 30 days after such penalty become final, the building official shall assess the property the full amount of the unpaid fine and shall enter such an assessment as a lien in the docket of City liens. At the time such an assessment is made, the building official shall notify the responsible person that the penalty has been assessed against the real property upon which the violation occurred and has been entered in the docket of City liens. The lien shall be enforced in the same manner as liens established by council resolution pursuant to BC 1.01.020. The interest shall commence from the date of entry of the lien in the lien docket.
L. In addition to enforcement mechanisms authorized elsewhere in this code, failure to pay an administrative civil penalty imposed pursuant to subsection A of this section shall be grounds for withholding issuance of requested permits or licenses, issuance of a stop work order, if applicable, or revocation or suspension of any issued permits or certificates of occupancy. [BC 8.02.125, added by Ordinance No. 4521, 11/30/09; amended by Ordinance No. 4794, 12/1/20]