Citation
Seattle Mun. Code § 6.104.080
in effect6.104.080 - Citation
A. If, after investigation, the Director determines that a lessor has committed a violation of this Chapter 6.104, the Director may issue a citation to the person responsible for the violation. The citation shall include the following information:
1. The name and address of the responsible person to whom the citation is issued;
2. The complete address of the commercial property subject to the commercial lease violation;
3. A separate statement of each violation;
4. The date of the violation;
5. A statement that the person cited must respond to the citation within 15 business days after the date of service;
6. A space for entry of the applicable penalty;
7. A statement that the 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 filed;
9. A statement that the citation represents a determination that a violation has been committed by the responsible person named in the citation and that the determination shall be final unless contested as provided in subsection 6.104.080.C; and
10. A certified statement of the inspector issuing the citation, authorized by RCW 5.50.050, setting forth facts supporting issuance of the citation.
B. The citation may be served in person 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, three days after 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.
C. Response to citations
1. A citation must be responded to in one of the following ways:
a. Payment of the monetary penalty specified in the citation, in which case the record shall show a finding that the person committed the violation; or
b. A written request for 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. A written request for a contested hearing specifying the reasons(s) 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 business days after the date the citation is served.
D. If the Office of the Hearing Examiner does not receive a response within 15 business days of service of the citation, the Hearing Examiner shall enter an order finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.
E. Hearings
1. Mitigation hearings
a. If a mitigation hearing is requested, the mitigation hearing shall be held within 30 days after written response to the citation requesting such hearing is requested 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 start of the hearing.
b. 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 of the Department may also be present and may present additional information, but attendance by a representative of the Department is not required.
c. 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 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.
2. Contested hearing
a. 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. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this subsection 6.104.080.E.2 The issues heard at the hearing shall be limited to those that were raised in writing in 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. No citation shall be deemed insufficient for failure to contain a detailed statement of 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. 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. 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. The person cited may rebut the Department's 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. 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 provision in subsection 6.104.080.E.1 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. The Hearing Examiner's decision is the final decision of the City.
3. 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.
F. Citation penalties
1. The following penalties shall be assessed for any violations of this Chapter 6.104:
a. $500 for the first violation; and
b. $1000 for each subsequent violation within a five-year period.
2. 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 for violating this Chapter 6.104.
3. Each party responsible for a violation can be assessed a separate penalty for that violation.
4. If the person cited fails to pay a penalty imposed pursuant to this Section 6.104.080, 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.
5. Each day a person commits a violation under Section 6.104.070 may be considered a separate violation for which a civil citation may be issued.
(Ord. 126982, § 2, 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=TIT6BURE_SUBTITLE_IIIMIBURE_CH6.104COLEREAG_6.104.080CIFetched: 11/1/2026