Chapter 23.90 - ENFORCEMENT OF THE LAND USE CODE

Seattle Mun. Code — Chapter 23.90 - ENFORCEMENT OF THE LAND USE CODE

in effect

Seattle Mun. Code § 23.90.002 Violations

A. It is a violation of this Title 23 for any person to initiate or maintain or cause to be initiated or maintained the use of any structure, land, or property within the City of Seattle without first obtaining the permits or authorizations required for the use by this Title 23 . B. It is a violation of this Title 23 for any person to use, construct, locate, demolish, or cause to be used, constructed, located, or demolished any structure, land, or property within The City of Seattle in any manner that is not permitted by the terms of any permit or authorization issued pursuant to this Title 23 or previous codes, provided that the terms or conditions are explicitly stated on the permit or the approved plans. C. It is a violation of this Title 23 to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this Title 23 . D. It is a violation of this Title 23 to misrepresent any material fact in any application, plans, or other information submitted to obtain any land use authorization. E. It is a violation of this Title 23 for anyone to fail to comply with the requirements of this Title 23 . F. It is a violation of this Title 23 for any person to construct or use any structure or portion thereof in a manner contrary to a permit term related to Chapter 23.58C . (Ord. 125108 , § 8, 2016; Ord. 122050, § 17, 2006; Ord. 117570, § 28, 1995; Ord. 113978, § 5(part), 1988; Ord. 110381, § 1(part), 1982.)

Seattle Mun. Code § 23.90.004 Duty to enforce

A. It shall be the duty of the Director to enforce Title 23 . The Director may call upon the police, fire, health or other appropriate City departments to assist in enforcement. It shall be the duty of the Director of Transportation to enforce Section 23.55.004 , Signs projecting over public rights-of-way. B. Upon presentation of proper credentials, the Director or duly authorized representative of the Director may, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by the Land Use Code. C. The Land Use Code shall be enforced for the benefit of the health, safety and welfare of the general public, and not for the benefit of any particular person or class of persons. D. It is the intent of this Land Use Code to place the obligation of complying with its requirements upon the owner, occupier or other person responsible for the condition of the land and buildings within the scope of this Code; provided that, for purposes of Section 23.42.140 , it is the intent of this Land Use Code to place the obligation of compliance upon the foregoing persons and also upon any person that enters an agreement that is prohibited by Section 23.42.140 and upon any person with the authority to release or remove a negative use restriction imposed by such an agreement. E. No provision of or term used in this Code is intended to impose any duty upon the City or any of its officers or employees which would subject them to damages in a civil action. (Ord. 127329 , § 3, 2025; Ord. 118409, § 216, 1996; Ord. 113978, § 5, 1988; Ord. 110381, § 1, 1982.)

Seattle Mun. Code § 23.90.006 Investigation and notice of violation

A. The Director is authorized to investigate any structure or use the Director reasonably believes does not comply with the standards and requirements of this Land Use Code. B. If after investigation the Director determines that the standards or requirements have been violated, the Director may issue a notice of violation to the owner, tenant or other person responsible for the condition. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance. In the event of violations of the standards or requirements of Chapter 23.60A , Shoreline District, the required corrective action shall include, if appropriate, but shall not be limited to, mitigating measures such as restoration of the area. C. The notice shall be served upon the owner, tenant or other person responsible for the condition by personal service, or by first class mail to the person's last known address. If the address of the responsible person is unknown and cannot be found after a reasonable search, the notice may be served by posting a copy of the notice at a conspicuous place on the property. If a notice of violation is directed to a tenant or other person responsible for the violation who is not the owner, a copy of the notice shall be sent to the owner of the property. D. A copy of the notice of violation may be filed with the King County Department of Records and Elections when the responsible party fails to correct the violation or the Director requests the City Attorney take appropriate enforcement action. E. Nothing in this section shall be deemed to limit or preclude any action or proceeding to enforce this chapter nor does anything in this section obligate the Director to issue a notice of violation prior to initiation of a civil or criminal enforcement action except as otherwise provided in Director's rules adopted pursuant to SMC chapter 23.88 . (Ord. 124105 , § 35, 2013; Ord. 122407 , § 1, 2007; Ord. 121196 § 31, 2003; Ord. 118472 § 9, 1997; Ord. 118414 § 64, 1996; Ord. 117263 , § 73; Ord. 117203 , § 9, 1994; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)

Seattle Mun. Code § 23.90.008 Time to comply.

When calculating a reasonable time for compliance as required by Section 23.90.006 , the Director shall consider the following criteria: 1. The type and degree of violation cited in the notice; 2. The stated intent, if any, of a responsible party to take steps to comply; 3. The procedural requirements for obtaining a permit to carry out corrective action; 4. The complexity of the corrective action, including seasonal considerations, construction requirements and the legal prerogatives of landlords and tenants; and 5. Any other circumstances beyond the control of the responsible party. (Ord. 122407 , § 2, 2007; Ord. 117263 , § 74, 1994; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)

Seattle Mun. Code § 23.90.010 Stop Work Order.

Whenever a continuing violation of this Code will materially impair the Director's ability to secure compliance with this Code, or when the continuing violation threatens the health or safety of the public, the Director may issue a Stop Work Order specifying the violation and prohibiting any work or other activity at the site. A failure to comply with a Stop Work Order shall constitute a violation of this Land Use Code. (Ord. 113978 § 5(part), 1988)

Seattle Mun. Code § 23.90.012 Emergency Order.

Whenever any use or activity in violation of this Code threatens the health and safety of the occupants of the premises or any member of the public, the Director may issue an Emergency Order directing that the use or activity be discontinued and the condition causing the threat to the public health and safety be corrected. The Emergency Order shall specify the time for compliance and shall be posted in a conspicuous place on the property, if posting is physically possible. A failure to comply with an Emergency Order shall constitute a violation of this Land Use Code. Any condition described in the Emergency Order which is not corrected within the time specified is hereby declared to be a public nuisance and the Director is authorized to abate such nuisance summarily by such means as may be available. The cost of such abatement shall be recovered from the owner or person responsible or both in the manner provided by law. (Ord. 113978 § 5(part), 1988)

Seattle Mun. Code § 23.90.014 Review by the Director.

A. Any person significantly affected by or interested in a notice of violation issued by the Director pursuant to Section 23.90.006 may obtain a review of the notice by requesting such review within ten (10) days after service of the notice. When the last day of the 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. The request shall be in writing, and upon receipt of the request, the Director shall notify any persons served the notice of violation and the complainant, if any, of the request for review and the deadline for submitting additional information for the review. Additional information shall be submitted to the Director no later than fifteen (15) days after the notice of a request for a review is mailed, unless otherwise agreed by all persons served with the notice of violation. Before the deadline for submission of additional information, any person significantly affected by or interested in the notice of violation (including any persons served the notice of violation and the complainant) may submit any additional information in the form of written material or oral comments to the Director for consideration as part of the review. B. The review will be made by a representative of the Director who is familiar with the case and the applicable ordinances. The Director's representative will review all additional information received by the deadline for submission of additional information. The reviewer may also request clarification of information received and a site visit. After review of the additional information, the Director may: 1. Sustain the notice of violation; 2. Withdraw the notice of violation; 3. Continue the review to a date certain for receipt of additional information; or 4. Modify the notice of violation, which may include an extension of the compliance date. (Ord. 122407 , § 3, 2007; Ord. 119702 § 1, 1999: Ord. 113978 § 5part), 1988)

Seattle Mun. Code § 23.90.015 Order of the Director

A. Where review by the Director has been conducted pursuant to Section 23.90.014 , the Director shall issue an order of the Director containing the decision within 15 days of the date that the review is completed and shall cause the same to be mailed by regular first class mail to the person or persons named on the notice of violation and, if possible, mailed to the complainant. B. Unless a request for review before the Director is made pursuant to Section 23.90.014 , the notice of violation shall become the order of the Director. C. Orders of the Director issued under this Chapter 23.90 are not subject to judicial review pursuant to chapter 36.70C RCW, except for orders of the Director involving compliance with permit terms related to Chapter 23.58C . (Ord. 125108 , § 9, 2016; Ord. 122407 , § 4, 2007.)

Seattle Mun. Code § 23.90.016 Extension of compliance date.

The Director may grant an extension of time for compliance with any notice or Order, whether pending or final, upon the Director's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. An extension of time may be revoked by the Director if it is shown that the conditions at the time the extension was granted have changed, the Director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered as the compliance date. The procedures for revocation, notification of parties, and appeal of the revocation shall be established by Rule. (Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)

Seattle Mun. Code § 23.90.018 Civil enforcement proceedings and penalties

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.)

Seattle Mun. Code § 23.90.019 Civil penalty for unauthorized dwelling units

In addition to any other sanction or remedial procedure that may be available, the following penalties apply to unauthorized dwelling units. An owner of a lot who is issued a notice of violation for an unauthorized dwelling unit is subject to a civil penalty of $5,000 for each unauthorized dwelling unit. Penalties for unauthorized dwelling units in this Section 23.90.019 shall be reduced from $5,000 to $500 if, prior to the compliance date stated on the notice of violation for an unauthorized dwelling unit, the dwelling unit is removed or authorized. (Ord. 127376 , § 99, 2025; Ord. 127211 , § 20, 2025; Ord. 126509 , § 97, 2022 [zone name change]; Ord. 124378 , § 101, 2013; Ord. 123649, § 67, 2011; Ord. 123141, § 8, 2009; Ord. 122407 , § 6, 2007; Ord. 122190, § 14, 2006; Ord. 119617, § 4, 1999; Ord. 118472, § 10, 1997; Ord. 117789, § 13, 1995; Ord. 117203 , § 10, 1994.)

Seattle Mun. Code § 23.90.020 Alternative criminal penalty

A. Any person who violates or fails to comply with any of the provisions of this Title 23 and who has had an Order of Judgment entered against them by a court of competent jurisdiction for violating Titles 22 or 23 within the past seven (7) years from the date the criminal charge is filed shall upon conviction be guilty of a gross misdemeanor subject to the provisions of Chapter 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 that the City Attorney prosecute such violations criminally as an alternative to the civil procedure outlined in this chapter. Each day of noncompliance with any of the provisions of this Land Use Code shall constitute a separate offense. B. A criminal penalty, not to exceed $5,000 per occurrence, may be imposed: 1. For violations of subsection 23.90.002.D; 2. For any other violation of this Code for which corrective action is not possible, other than violations with respect to commitments to earn LEED Silver ratings, Built Green 4-Star ratings, or ESDS ratings or satisfy alternative standards; and 3. For any willful, intentional, or bad faith failure or refusal to comply with the standards or requirements of this Code. (Ord. 123589, § 105, 2011; Ord. No. 123209, § 69, 2009; Ord. 122611 , § 16, 2007; Ord. 122407 , § 7, 2007; Ord. 122054 § 98, 2006; Ord. 118414 § 65, 1996; Ord. 113978 § 5(part), 1988: Ord. 110381 § 1(part), 1982.)

Seattle Mun. Code § 23.90.025 Appeal to Superior Court.

Final decisions of the Seattle Municipal Court on enforcement actions authorized by this chapter may be appealed pursuant to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction. (Ord. 122407 , § 8, 2007.)

Source: Seattle Municipal Code (Municode library)URL: https://library.municode.com/wa/seattle/codes/municipal_codeFetched: 7/25/2026