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Chapter 23.91 - CITATION—HEARINGS—PENALTIES

Seattle Mun. Code — Chapter 23.91 - CITATION—HEARINGS—PENALTIES
in effect

Seattle Mun. Code § 23.91.002 Scope of this Chapter 23.91

A. Violations of the following provisions of this Title 23 shall be enforced under the citation or criminal provisions set forth in this Chapter 23.91 : 1. Junk storage in residential zones, unless the lot contains a vacant structure subject to the vacant building maintenance standards contained in subsection 22.206.200.A and a notice of violation has been issued requiring compliance with subsection 22.206.200.F; 2. Construction or maintenance of structures in required setbacks in residential zones; 3. Parking of vehicles in a Neighborhood Residential zone (Section 23.44.160 ), unless the lot contains a vacant structure subject to the vacant building maintenance standards contained in subsection 22.206.200.A; 4. Keeping of animals (Section 23.42.052 ); and 5. The following violations of Chapter 23.60A : a. Discharging, leaking, or releasing solid or liquid waste and untreated effluent, oil, chemicals, or hazardous materials into the water (subsection 23.60A.152.R); b. Releasing debris and other waste materials from construction, maintenance, repair, or in operation or management of a property, into any water body (subsections 23.60A.152.H, 23.60A.152.I, 23.60A.152.T, and 23.60A.152.U); c. Conducting activity in or over water outside the allowed work windows (subsection 23.60A.152.J); and d. Closing required public access (Section 23.60A.164 ). B. Any enforcement action or proceeding pursuant to this Chapter 23.91 shall not affect, limit, or preclude any previous, pending, or subsequent enforcement action or proceeding taken pursuant to Chapter 23.90 . (Ord. 127376 , § 100, 2025; Ord. 126509 , § 98, 2022 [zone name change]; Ord. 125791 , § 117, 2019; Ord. 125399 , § 4, 2017; Ord. 124750 , § 80, 2015; Ord. 124378 , § 102, 2013; Ord. 124105 , § 36, 2013; Ord. 123939, § 20, 2012; Ord. 123546, § 6, 2011; Ord. 123209, § 70, 2009; Ord. 122311 , § 102, 2006; Ord. 119837, § 4, 2000; Ord. 119473, § 3, 1999)

Seattle Mun. Code § 23.91.004 Citation

A. Citation. If after investigation the Director determines that the standards or requirements of provisions referenced in Section 23.91.002 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 5:00 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; and 10. a certified statement of the inspector issuing the citation, authorized by RCW 9A72.085, 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. 123649, § 68, 2011; Ord. 119896 § 5, 2000: Ord. 119473 § 4, 1999)

Seattle Mun. Code § 23.91.006 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 fifteen (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 five (5:00) p.m. on the next business day. (Ord. 123899, § 25, 2012; Ord. 122407 , § 9, 2007; Ord. 119896 § 6, 2000: Ord. 119473 § 5, 1999)

Seattle Mun. Code § 23.91.008 Failure to respond.

If a person fails to respond to a citation within fifteen (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. 119473 § 6, 1999)

Seattle Mun. Code § 23.91.010 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 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 days prior to the date of the hearing. B. Procedure at Hearing. The Hearing Examiner shall hold an informal hearing which 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 Seattle Department of Construction and Inspections may also be present and may present additional information, but attendance by a representative from the Seattle Department of Construction and Inspections is not required. C. Disposition. The Hearing Examiner shall determine whether the person's explanation justifies reduction of the monetary penalty; however, the monetary penalty may not be reduced unless the Seattle Department of Construction and Inspections 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 promptly prior to citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited. (Ord. 124919 , § 169, 2015; Ord. 123899, § 26, 2012; Ord. 121477 § 66, 2004; Ord. 119896 § 7, 2000; Ord. 119473 § 7, 1999)

Seattle Mun. Code § 23.91.012 Contested hearing.

A. Date and Notice. If a person requests a contested hearing, the hearing shall be held within sixty (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. 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 1. The certified statement or declaration authorized by chapter 5.50 RCW submitted by an inspector shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration of the inspector authorized under chapter 5.50 RCW and any other evidence accompanying the report shall be admissible without further evidentiary foundation. 2. Any certifications or declarations authorized under chapter 5.50 RCW shall also be admissible without further evidentiary foundation. The person cited may rebut the Seattle Department of Construction and Inspections 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. If the violation remains uncorrected, the Hearing Examiner shall impose the applicable penalty. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in Section 23.91.010 if the violation has been corrected. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation. G. Appeal. The Hearing Examiner's decision is the final decision of the City. Any judicial review must be commenced within twenty-one (21) days of issuance of the Hearing Examiner's decision in accordance with RCW 36.70C.040. (Ord. 127303 , § 44, 2025; Ord. 124919 , § 170, 2015; Ord. 122407 , § 10, 2007; Ord. 121477, § 67, 2004; Ord. 119896, § 8, 2000; Ord. 119473, § 8, 1999)

Seattle Mun. Code § 23.91.014 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. 119473 § 9, 1999)

Seattle Mun. Code § 23.91.016 Penalties.

A. First Violation. The first time that a person or entity is found to have violated one of the provisions referenced in Section 23.91.002 . after the effective date of the ordinance codified in this chapter, [16] the person or entity shall be subject to a penalty of One Hundred Fifty Dollars ($150). B. Second and Subsequent Violations Any subsequent time that a person or entity is found to have violated one of the provisions referenced in Section 23.91.002 within a five (5) year period after the first violation, the person or entity shall be subject to a penalty of Five Hundred Dollars ($500) for each such violation. C. In addition to the penalties imposed under paragraphs A or B of this section, 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. (Ord. 122855, § 24, 2009; Ord. 119473 § 10, 1999)

Seattle Mun. Code § 23.91.018 Alternative criminal penalty.

Any person who violates or fails to comply with any of the provisions referenced in Section 23.91.002 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. (Ord. 119473 § 11, 1999)

Seattle Mun. Code § 23.91.020 Abatement.

Any property on which there continues to be a violation of any of the provisions referenced in Section 23.91.002 after enforcement action taken pursuant to this chapter is hereby declared a nuisance and subject to abatement by the City in the manner authorized by law. (Ord. 119473 § 12, 1999)

Seattle Mun. Code § 23.91.022 Collection of penalties.

If the person cited fails to pay a penalty imposed pursuant to this chapter, 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. 119473 § 13, 1999)

Seattle Mun. Code § 23.91.024 Each day a separate violation.

Each day a person or entity violates or fails to comply with a provision referenced in Section 23.91.002 may be considered a separate violation for which a citation may be issued. (Ord. 119473 § 14, 1999)

Seattle Mun. Code § 23.91.026 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 23.91.002 or abate any condition that constitutes a nuisance. (Ord. 119473 § 15, 1999.)
Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026