23.90.018

A. In addition to any other remedy authorized by law or equity, any person violating or failing to comply with any of the provisions of this Title 23 shall be subject to a cumulative penalty of up to $150 per day for each violation from the date the violation begins for the first ten days of noncompliance; and up to $500 per day for each violation for each day beyond ten days of noncompliance until compliance is achieved, except as provided in subsection 23.90.018.B. In cases where the Director has issued a notice of violation, the violation will be deemed to begin for purposes of determining the number of days of violation on the date compliance is required by the notice of violation. In addition to the per diem penalty, a violation compliance inspection charge equal to the base fee set by Section 22.900B.010 shall be charged for the third inspection and all subsequent inspections until compliance is achieved. The compliance inspection charges shall be deposited in the General Fund. B. Specific violations 1. Reserved. 2. Violation of Chapter 23.58D with respect to a failure to timely submit the report required by subsection 23.58D.004.B or to demonstrate compliance with a commitment to meet the green building standard is subject to a penalty in an amount determined by subsection 23.58D.006 . 3. Violation of subsection 23.40.007.B with respect to failure to demonstrate compliance with a waste diversion plan for a structure permitted to be demolished under subsection 23.40.006.D is subject to a penalty in an amount determined as follows: P = SF × .02 × RDR, where: P is the penalty; SF is the total square footage of the structure for which the demolition permit was issued; and RDR is the refuse disposal rate, which is the per ton rate established in Chapter 21.40 , and in effect on the date the penalty accrues, for the deposit of refuse at City recycling and disposal stations by the largest class of vehicles. 4. Violation of subsections 23.42.140.C, 23.55.030.E.3.a.3, 23.55.030.E.3.b, 23.55.034.D.2.a, and 23.55.036.D.3.b, or, if the Seattle Department of Construction and Inspections has issued an on-premises sign permit for a particular sign and the actual sign is not being used for on-premises purposes or does not meet the definition of an on-premises sign as defined in Chapter 23.84A , are subject to a civil penalty of $1,500 per day for each violation from the date the violation begins until compliance is achieved. 5. In zones where outdoor storage is not allowed or where the use has not been established as either accessory to the primary use or as part of the primary use and there continues to be a violation of these provisions after enforcement action has been taken pursuant to this Chapter 23.90 , the outdoor storage activity is declared a nuisance and shall be subject to abatement by the City in the manner authorized by law. C. Civil actions to enforce this Title 23 shall be brought exclusively in Seattle Municipal Court except for violations of Section 23.42.140 , or of violations of permit terms related to Chapter 23.58C or as otherwise required by law or court rule. The Director shall request in writing that the City Attorney take enforcement action. The City Attorney shall, with the assistance of the Director, take appropriate action to enforce this Title 23 . In any civil action filed pursuant to this Chapter 23.90 , the City has the burden of proving by a preponderance of the evidence that a violation exists or existed. The issuance of the notice of violation or of an order following a review by the Director is not itself evidence that a violation exists. D. Except in cases of violations of Section 23.42.140 , or of violations of Chapter 23.58D with respect to failure to demonstrate compliance with a commitment to meet the green building standard or satisfy alternative standards, the violator may show as full or partial mitigation of liability: 1. That the violation giving rise to the action was caused by the willful act, or neglect, or abuse of another; or 2. That correction of the violation was commenced promptly upon receipt of the notice thereof, but that full compliance within the time specified was prevented by inability to obtain necessary materials or labor, inability to gain access to the subject structure, or other condition or circumstance beyond the control of the defendant. E. Use of penalties. An account shall be established in the City's General Fund to receive revenue from penalties under subsection 23.90.018.B.4, which shall annually be directed to the Seattle Department of Construction and Inspections' Operations Division, after ten percent of the gross receipts are paid to the Park and Recreation Fund as required by Article XI, Section 3 of the Charter. (Ord. 127392 , § 12, 2026; Ord. 127329 , § 4, 2025; Ord. 127211 , § 19, 2025; Ord. 126157 , § 56, 2020; Ord. 125492 , § 40, 2017; Ord. 125163 , § 20, 2016; Ord. 125108 , § 10, 2016; Ord. 124919 , § 168, 2015; Ord. 124535, § 3, 2014; Ord. 124457, § 6, 2014; Ord. 124378 , § 100, 2013; Ord. 123589, § 104, 2011; Ord. 123495, § 103, 2011; Ord. 123209, § 68, 2009; Ord. 123206, § 8, 2009; Ord. 123141, § 7, 2009; Ord. 122901, § 3, 2009; Ord. 122855, § 23, 2009; Ord. 122611 , § 15, 2007; Ord. 122407 , § 4, 2007; Ord. 122190, § 13, 2006; Ord. 122054 § 97, 2006; Ord. 120156 § 1, 2000; Ord. 116795 , § 17, 1993; Ord. 113978, § 5, 1988; Ord. 113079, §§ 2, 6, 1986; Ord. 110381, § 1, 1982.)