20.52.030 Notice of violation | Bellingham Municipal Code

20.52.030 Notice of violation.

A. For purposes of this section, “responsible party” means any individual or entity that controls or possesses the property or may have a duty to remedy the alleged violation of BMC Title 16, 17, 20, 21, 22, or 23 or applicable state law. A “responsible party” may include, but is not limited to, the property owner, lessor, lessee, landlord, tenant, occupant, or financial institution with an interest in the property.

B. Notice of Violation. Whenever the director determines that a property is in violation of BMC Title 16, 17, 20, 21, 22, or 23 or applicable state law, the director may issue a notice of violation to a responsible party which may include the property owner and/or a financial institution with an interest in the property. The notice of violation shall include the following information:

1. The street address or assessor’s parcel number of the property;

2. The name of the property’s owner of record;

3. The code sections in violation;

4. A description of the property’s condition which violates the applicable codes;

5. A list of necessary corrections to bring the property into compliance;

6. A deadline or specific date to correct the violations listed in the notice of violation;

7. Reference to the potential consequences should the property remain in violation after the expiration of the compliance deadline including, but not limited to, administrative abatement, civil penalties and infractions, revocation of permits, recordation of the notice of violation, the withholding of future municipal permits, criminal prosecution, and civil injunction.

C. Once the director has issued a notice of violation to a responsible party and the property remains in violation after the deadline established in the notice of violation, the director may record a notice of violation with the auditor of Whatcom County.

1. Before recordation, the director shall provide to the responsible party and the property owner a letter stating that a notice of violation will be recorded, unless a written request to appeal pursuant to the procedures outlined in subsection (E) of this section is filed. The letter shall be served pursuant to any of the methods of service set forth in subsection (D) of this section. The director may also send a courtesy copy of the letter to any applicable financial institution.

2. If the director does not receive a timely written request to appeal pursuant to the procedures set forth below, the director may record the notice of violation if the violation remains.

3. The recorded notice of violation shall include the name of the property owner, the property’s assessor’s parcel number, the parcel’s legal description, and a copy of the latest notice of violation.

D. A copy of the recorded notice of violation shall be served on the responsible party and property owner by posting a notice in a conspicuous place on or in front of the property in question and by either one of the following methods:

1. By personal service on the owner(s); or

2. By registered or certified mail addressed to the owner(s) of the property at their last-known address. If there is no known address for the owner, the notice shall be sent to the property address. Service shall be completed at the time of deposit into the United States mail.

1. The director’s letter to record the notice of violation may be appealed in accordance with the procedures set forth in BMC 21.10.250. The failure of any responsible party or property owner to file a timely appeal shall constitute a waiver of the right to an administrative hearing and shall not affect the validity of the recorded notice of violation.

2. If the hearing examiner affirms the director’s decision, the director may proceed to record the notice of violation.

3. If the hearing examiner reverses the director’s decision that the property is in violation of city codes or applicable state codes, the hearing examiner shall invalidate the director’s decision to record the notice of violation.

1. When the violations listed on the notice of violation have been corrected, the responsible party or property owner may file with the director a written request for a notice of compliance.

2. Once the director receives this request, the director shall reinspect the property within 30 calendar days to determine whether the violations listed in the notice of violation have been corrected and whether all necessary permits have been issued and final inspections have been performed and approved.

3. The director shall serve a notice of compliance on the responsible party or property owner in the manner provided in subsection (D) of this section if the director determines that:

a. All violations listed in the recorded notice of violation have been corrected;

b. All necessary permits have been issued and finalized; and

c. The responsible party or property owner requesting the notice of compliance has reimbursed the city for all administrative costs including all costs incurred in the investigation, inspection, reinspection, title search, appeal hearing, and any other processing costs associated with the violations specified on the notice of violation.

G. If the director denies a request to issue a notice of compliance, the director shall serve the responsible party or property owner with a written explanation setting forth the reasons for the denial. The written explanation shall be served by any of the methods of service set forth in subsection (D) of this section. The director’s decision denying a request to issue a notice of compliance constitutes the final decision in the matter and is not appealable to the hearing examiner.

H. If a request to appeal has not been timely filed or after the hearing examiner affirms the director’s decision to record a notice of violation, the city may withhold land use permits or permits for any alteration, repair or construction pertaining to any existing or new structures or signs on the property identified in the notice of violation or any permits pertaining to the use and development of the real property or the structure. The city may withhold permits until a notice of compliance has been issued by the director. The city may not withhold permits which are necessary to obtain a notice of compliance or which are necessary to correct serious health and safety violations.

I. The director shall issue a signed notice of compliance stating that it cancels the notice of violation once all violations have been corrected, all necessary permits have been issued and finalized, and all administrative costs have been paid. The notice of compliance shall be recorded by the property owner at the property owner’s expense. The recordation of the notice of compliance shall have the effect of canceling the recorded notice of violation. [Ord. 2021-12-053 § 8].