§ 17.80.080. Recovery of costs

This section establishes procedures for the recovery of administrative costs, including staff time expended on the enforcement of the provisions of this development code in cases where no permit is required in order to correct a violation. The intent of this section is to recover city administrative costs reasonably related to enforcement.

A. Record of Costs. The department shall maintain records of all administrative costs, incurred by responsible city departments, associated with the processing of violations and enforcement of this development code, and shall recover the costs from the property owner in compliance with this section. Staff time shall be calculated at an hourly rate as established and revised from time to time by the council.

B. Notice. Upon investigation and a determination that a violation of any of the provisions of this development code is found to exist, the director shall notify the record owner or any person having possession or control of the property by mail, of the existence of the violation, the department's intent to charge the property owner for all administrative costs associated with enforcement, and of the owner's right to a hearing on any objections they may have. The notice shall be in a form approved by the city attorney.

C. Summary of Costs and Notice. At the conclusion of the case, the director shall send a summary of costs associated with enforcement to the owner and/or person having possession or control of the property by certified mail. The summary shall include a notice in a form approved by the city attorney, advising the responsible party of their right to request a hearing on the charges for city cost recovery within ten (10) days of the date of the notice, and that if no such request for hearing is filed, the responsible party will be liable for the charges. In the event that no request for hearing is timely filed or, after a hearing the director affirms the validity of the costs, the property owner or person in control shall be liable to the city in the amount stated in the summary or any lesser amount as determined by the director. These costs shall be recoverable in a civil action in the name of the city, in any court of competent jurisdiction within the city.

D. Request for Hearing on Costs. Any property owner, or other person having possession and control of the subject property, who receives a summary of costs shall have the right to a hearing before the director on their objections to the proposed costs.

1. A request for hearing shall be filed with the department within ten (10) days of the service by mail of the department's summary of costs, on a form provided by the department.

2. Within thirty (30) days of the filing of the request, and on ten (10) days' written notice to the owner, the director shall hold a hearing on the owner's objections, and determine their validity.

3. In determining the validity of the costs, the director shall consider whether total costs are reasonable in the circumstances of the case. Factors to be considered include, but are not limited to: whether the present owner created the violation; whether there is a present ability to correct the violation; whether the owner moved promptly to correct the violation; the degree of cooperation provided by the owner; and whether reasonable minds can differ as to whether a violation exists.

4. The director's decision shall be appealable to the council as provided by Chapter 17.74.

(Ord. No. 2010-265, § 3, 1-27-2010)