Citation process
Seattle Mun. Code § 7.04.691
in effect7.04.691 - Citation process
If after investigation the Director determines that any of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, have been violated, the Director may issue a civil citation to the person responsible for the violation.
A. Citation. The civil citation shall include the following information: (1) the name and address of the person to whom the citation is issued; (2) a separate statement of each provision violated; (3) the date of the violation; (4) a statement that the person cited must respond to the civil citation within 15 calendar days after service; (5) a space for entry of the applicable penalty; (6) 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; (7) contact information for the Hearing Examiner where the citation is to be filed; (8) 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 code; and (9) a certified statement of the Director's representative issuing the citation, authorized by RCW 5.50.050, setting forth facts supporting issuance of the citation.
B. Service. The citation shall be served by first-class mail, addressed to the operator or other person responsible for the violation. Service shall be deemed complete three days after the 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 where the violation occurred and service shall be complete on the date of posting. The citation may also be served in person.
C. Response to citations
1. A person cited must respond to a citation in one of the following ways:
a. 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
b. 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
c. Requesting in writing a contested hearing 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.
2. A response to a citation must be received by the Office of the Hearing Examiner no later than 15 calendar 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.
3. Failure to respond. If a person fails to respond to a citation within 15 calendar 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.
D. Hearings
1. Mitigation hearings
a. Date and notice. If a mitigation hearing is requested, the mitigation hearing shall be held within 30 calendar days after written response to the citation requesting such 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 calendar days prior to 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 may also be present and may present additional information, but attendance by a representative from the Department is not required.
c. Disposition. The Hearing Examiner shall determine whether the cited person's explanation justifies reduction of the monetary penalty; however, the monetary penalty may not be reduced unless the Department of Finance and Administrative Services affirms or certifies that the violation has been corrected prior to the mitigation hearing. 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; or whether correction of the violation was commenced prior to the issuance of the citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited.
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 subsection 7.04.691.E. The Hearing Examiner's decision is the final decision of the City on the matter.
2. Contested hearings
a. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 calendar 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 7.04.691. 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 RCW 5.50.050 shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under RCW 5.50.050 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. Any certifications or declarations authorized under RCW 5.50.050 shall also be admissible without further evidentiary foundation. The person cited may rebut the Department of Finance and Administrative Services' 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 pursuant to subsection 7.04.691.E. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in subsection 7.04.691.D.1.c. 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.
3. 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 and schedule a new contested hearing date.
E. Citation penalty assessments
1. In assessing the amount of a civil penalty, the Director must give due consideration to the gravity of the violation and history of previous violations.
2. A person found by the Director to have violated one of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code shall be subject to a civil penalty as described in Section 7.04.690. The Director may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited by The City of Seattle for violating chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code.
3. Collection of penalties. If the person cited fails to pay a penalty imposed pursuant to this Section 7.04.691, 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.
4. Each day a separate violation. Each day a person violates or fails to comply with one of the provisions listed in chapter 19.94 RCW or the rules adopted under the provisions of chapter 19.94 RCW, or this code, may be considered a separate violation for which a civil citation may be issued.
(Ord. 126768, § 1, 2023.)
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=TIT7COPR_CH7.04WEMECO_7.04.691CIPRFetched: 11/1/2026