§ 22.206.280. Civil enforcement proceedings and penalties

In addition to any other remedy that may be available at law or equity, the following are available:

A.

Any person violating or failing to comply with any requirement of this Chapter 22.206 shall be subject to a cumulative civil penalty in an amount not to exceed:

1.

$150 per day for each housing unit in violation, and $150 per day for violations in the common area or on the premises surrounding the building or structure, from the date the violation begins, for the first ten days of noncompliance; and $500 per day for each housing unit in violation, and $500 per day for violations in the common area or on the premises surrounding the building or structure, for each day beyond ten days of noncompliance until compliance is achieved. 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. Notwithstanding the provisions of Section 22.202.050, the compliance inspection charges shall be deposited in the General Fund.

2.

$100 per day from the date a tenant fails to reimburse The City of Seattle for emergency relocation assistance as required by subsection 22.206.265.D until the date the relocation assistance is repaid to The City of Seattle.

3.

$100 per day for any person who provides false or misleading information to the Director and as a result of the false or misleading information is paid emergency relocation assistance by The City of Seattle for which the person would not otherwise be eligible, from the date the person receives the emergency relocation assistance until the date the relocation assistance is repaid to The City of Seattle.

B.

Any person who does not comply with an emergency order issued by the Director pursuant to this Chapter 22.206 shall be subject to a cumulative civil penalty of up to $1,000 per day from the date set for compliance until the Director certifies that the requirements of the emergency order are fully complied with.

C.

Any property owner who fails to deposit relocation assistance as required by subsections 22.206.260.F and 22.206.260.G shall be subject to a cumulative civil penalty of:

1.

For each tenant with a household income during the preceding 12 months at or below 50 percent of the median family income for whom the property owner did not deposit relocation assistance as required by subsection 22.206.260.G:

a.

$3,300, plus

b.

$100 per day from the date such deposit by the property owner is required until the date the property owner pays to the City the penalty provided for in subsection 22.206.280.C.1.a; or

2.

For each tenant with a household income during the preceding 12 months greater than 50 percent of the median family income for whom the property owner did not deposit relocation assistance as required by subsection 22.206.260.G, $100 per day from the date such deposit is required until the date on which the relocation assistance required by subsections 22.206.260.F and 22.206.260.G is deposited with The City of Seattle.

D.

Any owner of housing units who violates subsection 22.206.160.C.6 shall be subject to a civil penalty of $3,500.

E.

Anyone who obstructs, impedes, or interferes with an attempt to inspect a building or premises pursuant to the authority of an inspection warrant issued by any court or an attempt to inspect a housing unit after consent to inspect is given by a tenant of the housing unit shall be subject to a civil penalty of not more than $1,000.

F.

Civil actions to enforce this Chapter 22.206 shall be brought exclusively in Seattle Municipal Court, except 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 Chapter 22.206. In any civil action filed pursuant to this Chapter 22.206, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed. The issuance of a notice of violation or an order following a review by the Director is not itself evidence that a violation exists.

G.

The violator may show, in mitigation of liability, that correction of the violation was commenced promptly upon receipt of notice, but that compliance within the time specified was prevented by an inability to obtain necessary materials or labor, inability to gain access to the subject building, or other condition or circumstance beyond the control of the violator, and upon a showing of the above described conditions, the court may enter judgment for less than the maximum penalty.

(Ord. 125054 , § 7, 2016; Ord. 122855, § 1, 2008; Ord. 122397 , § 7, 2007; Ord. 121076 § 6, 2003; Ord. 120302 § 3, 2001: Ord. 120087 § 10, 2000: Ord. 118441 § 5, 1996: Ord. 116315 § 3, 1992: Ord. 115877 § 3, 1991; Ord. 115671 § 25, 1991: Ord. 115671 §, 1991; Ord. 114834 § 5, 1989; Ord. 113545 § 5(part), 1987.)