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City of Vancouver, Washington

Vancouver Municipal Code

Return to Chapter 22.02 ENFORCEMENT

Section 22.02.040 Required Elements: Notice of civil violation and order - Order to revoke permit.

A.  Content.  In cases where the city official does not seek to impose cumulative monetary penalties, a notice of civil violation and order or order to revoke permit shall be in writing, and shall include, at minimum, the following information:

    1.  The date of the violation; and

    2.  The name and address, if the address can be easily ascertained, of the person responsible for the violation; and

    3.  The location or approximate location of the violation; and

    4.  A short description of the violation and a reference to the violated substantive code section or sections; and

    5.  A statement whether the violation is a first or repeat violation, and if a repeat violation, whether it is a second or subsequent violation; and

    6.  The monetary penalty according to the monetary penalty schedule in VMC 22.02.070; and

    7.    A notice that the notice of civil violation and order or order to revoke permit may be appealed only as provided in VMC 22.03.020.  The notice shall summarize the requirements of VMC 22.03.020 and state that failure to appeal constitutes a waiver of all right to an administrative hearing and determination of the matter and that the non-prevailing party may be responsible for the costs of the appeal hearing, including, but not limited to, direct and indirect personnel time, copy costs, postage expenses, and the hearing examiner's time; and

8.  Any other information the city official deems relevant.

B.  In cases where the city official seeks to impose cumulative monetary penalties for a continuing code violation(s), a notice of civil violation and order shall be in writing and shall include, at a minimum, all of the requirements referenced in VMC 22.02.040(A) and the following additional elements:

    1.  The required action to be taken to obtain compliance with the code and a date by which the actions must be completed; and

    2.  A statement that the person(s) responsible for a violation(s) shall automatically incur a daily monetary penalty, pursuant to whether the violation is a first, second or subsequent violation and according to the monetary penalty schedule in VMC 22.02.070(D) if the person(s) responsible for a violation fails to comply with the corrective action or actions in a notice of civil violation and order or order to revoke permit by the corrective date specified in the order; and

    3.  A statement that monetary penalties under VMC 22.02.070(D) shall accrue during the appeal period unless the appellant prevails on appeal; and that accrued monetary penalties shall not exceed three (3) times the amount of the daily monetary penalty set by VMC 22.02.070(D) for any single violation from the first date of the violation through the date the hearings examiner renders a final decision.

(M-3857, Amended, 12/17/2007, Sec 5, Prior Text; M-3767, Amended, 10/16/2006, Sec 5, Prior Text; M-3766, Amended, 10/16/2006, Sec 4, Prior Text; M-3692, Amended, 02/28/2005, Sec 18, Prior Text; M-3672, Amended, 11/15/2004, Sec 7, Prior Text; M-3663, Amended, 08/02/2004, Sec 30, Prior Text; M-3660, Amended, 07/12/2004, Sec 16, Prior Text; M-3659, Amended, 07/12/2004, Sec 3, Prior Text; M-3643, Amended, 01/26/2004, Prior Text; M-3642, Amended, 01/26/2004, Prior Text; M-3638, Added, 12/01/2003, Sec 32)