CITATIONS

SEA-MC tit. 15, subtit. IV, ch. 15.91

in effect

Seattle Mun. Code § 15.91.002 Scope

15.91.002 - Scope A. Violations of the following provisions of this Title 15 shall be enforced under the citation or criminal provisions set forth in this Chapter 15.91 by the Director of Transportation: 1. Use and Occupation Permits—No permit obtained (Section 15.04.010); 2. Permit Required - failure to comply with conditions of permit (Section 15.04.010); 3. Failure to comply with SDOT Director's Rules (subsection 15.04.010.B); 4. Marquees, Awnings, and Decorative Elements (Chapter 15.10); 5. Signs, Banners, and Street Clocks (Chapter 15.12); 6. Newsstands (Chapter 15.14); 7. Cafes in the Public Place (Chapter 15.16); 8. Vending (Chapter 15.17); 9. Dangerous Structures on Adjoining Property (Chapter 15.18); 10. Building Cleaning or Painting (Chapter 15.20); 11. Obstruction of utility or traffic facilities prohibited (Section 15.22.050); 12. Removal of earth and debris (Section 15.22.060); 13. Mixing of mortar or concrete (Section 15.22.070); 14. Permit to drive over sidewalk or curb (Section 15.22.100); 15. Scaffolds (Chapter 15.24); 16. Backfilling (Chapter 15.26); 17. Building and Equipment Moving (Chapter 15.28); 18. At-grade communication cabinets (Sections 15.32.200 and 15.32.250); 19. Lifting Heavy Equipment (Chapter 15.36); 20. Warning Lights and Barricades (Chapter 15.40); 21. Tree and Vegetation Management in Public Places (Chapter 15.43); 22. Barricades and warning devices (Section 15.44.010); 23. Debris in Public Places (Chapter 15.46); 24. Snow and ice removal (Section 15.48.010); 25. Barbed wire or electric fence (Section 15.48.020); 26. Crowd Control Event (Chapter 15.52); and 27. Tour Vehicle Operation (Chapter 15.66). B. Any enforcement action or proceeding pursuant to Chapter 15.91 shall not affect, limit, or preclude any previous, pending, or subsequent enforcement action or proceeding taken pursuant to Chapter 15.90. (Ord. 126732, § 43, 2022; Ord. 125031, § 2, 2016; Ord. 124598, § 9, 2014; Ord. 124166, § 9, 2013; Ord. 123100, § 5, 2009; Ord. 121925, § 1, 2005; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.004 Citation.

15.91.004 - Citation. A. Citation. If after investigation the Director determines that the standards or requirements of provisions referenced in Section 15.91.002 have been violated, the Director may issue a citation to the owner and/or other person or entity responsible for the violation. The citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a reasonable description of the location of the property on which the violation occurred; (3) a separate statement of each standard or requirement violated; (4) the date of the violation; (5) a statement that the person cited must respond to the citation within 15 days after service; (6) a space for entry of the applicable penalty; (7) a statement that a response must be sent to the Hearing Examiner and received not later than 5 p.m. on the day the response is due; (8) the name, address, and phone number of the Hearing Examiner where the citation is to be filed; (9) a statement that the citation represents a determination that a violation has been committed by the person named in the citation and that the determination shall be final unless contested as provided in this Chapter 15.91; and (10) a certified statement of the Director's representative issuing the citation, authorized by chapter 5.50 RCW, setting forth facts supporting issuance of the citation. B. Service. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, on the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property. (Ord. 127303, § 40, 2025; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.006 Response to citations

15.91.006 - Response to citations A. A person must respond to a citation in one of the following ways: 1. Paying the amount of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or 2. Requesting in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing an address to which notice of such hearing may be sent; or 3. Requesting a contested hearing in writing specifying the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and providing an address to which notice of such hearing may be sent. B. A response to a citation must be received by the Office of the Hearing Examiner no later than 15 days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day. (Ord. 123899, § 17, 2012; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.008 Failure to respond.

15.91.008 - Failure to respond. If a person fails to respond to a citation within 15 days of service, an order shall be entered by the Hearing Examiner finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation. (Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.010 Mitigation hearings

15.91.010 - Mitigation hearings A. Date and notice. If a person requests a mitigation hearing, the mitigation hearing shall be held within 30 days after written response to the citation requesting a hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing shall be sent to the address specified in the request for hearing not less than ten days before the date of the hearing. B. Procedure at hearing. The Hearing Examiner shall hold an informal hearing that shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses may not be compelled to attend. A representative from the Department of Transportation may also be present and may present additional information, but attendance by a representative from the Department of Transportation is not required. C. Disposition. The Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another. The above mitigation factors or other mitigating explanations shall not be considered for violations of subsections 15.91.002.A.1 and 15.91.002.A.8. The Hearing Examiner may, however, consider whether the vendor is indigent as a mitigating factor for violations of subsections 15.91.002.A.1 and 15.91.002.A.8. The vendor must present substantial evidence of indigency in order for the Hearing Examiner to consider indigency as a mitigating factor. D. Entry of order. After hearing the explanation of the person cited and any other information presented at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and assessing a monetary penalty in an amount determined pursuant to Section 15.91.016. The Hearing Examiner's decision is the final decision of the City on the matter. (Ord. 123899, § 18, 2012; Ord. 123659, § 41, 2011; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.012 Contested hearing.

15.91.012 - Contested hearing. A. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 days after the written response to the citation requesting such hearing is received. B. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this Section 15.91.012. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents. C. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail, or defects or imperfections do not prejudice substantial rights of the person cited. D. Amendment of citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced. E. Evidence at hearing. The certified statement or declaration authorized by chapter 5.50 RCW shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under chapter 5.50 RCW and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under chapter 5.50 RCW shall also be admissible without further evidentiary foundation. The person cited may rebut the Department of Transportation evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation. F. Disposition. If the citation is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and impose the applicable penalty. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in Section 15.91.010. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation. G. Final decision. The Hearing Examiner's decision is the final decision of the City. (Ord. 127303, § 41, 2025; Ord. 121925, § 3, 2005; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.014 Failure to appear for hearing

15.91.014 - Failure to appear for hearing Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear. (Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.016 Penalties

15.91.016 - Penalties A. Citation penalty fee schedule. The Director of Transportation shall prepare and recommend for adoption by the City Council a citation penalty fee schedule for violations of Title 15. Citation penalty fees shall increase each time the same violator has been subsequently found to have committed a violation within a one-year period, and will be based on the permit type issued and then the zoning designation adjacent to the public place where the violation occurred, if applicable. 1. Violations of Title 15 or Street Use permit. The first time a person or entity is found to have violated subsection 15.91.002.A or violated a condition of their Street Use permit, the person or entity shall be subject to a penalty established by the citation penalty fee schedule. 2. Violation warning. The Director may, in an exercise of discretion, issue a warning to the person or entity responsible for obtaining the Street Use permit if the person or individual has not been previously warned or cited for violating subsection 15.91.002.A. 3. If, within a one-year period after a person's or entity's first violation of subsection 15.91.002.A6 or violation of a Street Use permit condition has been determined to exist, a person or entity is subsequently cited for violating subsection 15.91.002.A or subsequent violation of Street Use permit condition, the person or entity shall be subject to further penalties established by the citation penalty fee schedule. B. Insecure and unsafe uses. As provided for in Section 15.04.070, if the City determines that a permitted site or use is insecure or unsafe following a third upheld citation within one year after a first violation for insecure or unsafe conditions has been determined to exist; the Street Use permit may be immediately revoked, the permittee may be subject to additional penalties established by the citation penalty fee schedule, and the use may be subject to abatement as provided for in subsection 15.91.030. C. Street Use permit condition violation. A permittee's failure to comply with their Street Use permit conditions after three citations related to violating subsection 15.91.002.A have been upheld by the Hearing Examiner in a one-year period may be grounds for permit revocation. D. Deposit of funds. Any funds received by the Hearing Examiner or collection agency for violations associated with Section 15.91.002 shall be deposited into the General Fund. (Ord. 125492, § 49, 2017; Ord. 125031, § 3, 2016; Ord. 124951, § 18, 2015; Ord. 124598, § 10, 2014; Ord. 123659, § 42, 2011; Ord. 123100, § 6, 2009; Ord. 121925, § 2, 2005; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.018 Alternative criminal penalty

15.91.018 - Alternative criminal penalty Any person who violates or fails to comply with any of the provisions referenced in Section 15.91.002 shall be guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request the City Attorney to prosecute such violations criminally as an alternative to the citation procedure outlined in this Chapter 15.91. (Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.030 Abatement

15.91.030 - Abatement Any public place on which there continues to be a violation of any of the provisions referenced in Section 15.91.002 after enforcement action taken according to this Chapter 15.91 is declared a nuisance and subject to abatement by the City in the manner authorized by law. (Ord. 125945, § 3, 2019; Ord. 123659, § 43, 2011 [renumbered from 15.91.020]; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.035 Collection of penalties

15.91.035 - Collection of penalties If the person or entity cited fails to pay a penalty imposed pursuant to this Chapter 15.91, the penalty may be referred to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law. (Ord. 123659, § 44, 2011 [renumbered from 15.91.022]; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.040 Each day a separate violation

15.91.040 - Each day a separate violation Each day a person or entity violates or fails to comply with a provision referenced in Section 15.91.002 may be considered a separate violation for which a citation may be issued. (Ord. 123659, § 45, 2011 [renumbered from 15.91.024]; Ord. 120822, § 12, 2002.)

Seattle Mun. Code § 15.91.045 Additional relief.

15.91.045 - Additional relief. The Director may seek legal or equitable relief at any time to enjoin any acts or practices that violate the provisions referenced in Section 15.91.002 or abate any condition that constitutes a nuisance. (Ord. 123659, § 47, 2011 [renumbered from 15.91.026]; Ord. 120822, § 12, 2002.)

Source: City of Seattle, Seattle Municipal Code and City Charter (Municode Library, library.municode.com)URL: https://library.municode.com/wa/seattle/codes/municipal_code?nodeId=TIT15STSIUS_SUBTITLE_IVEN_CH15.91CIFetched: 11/1/2026