19.60.100 Notice of violation and citation.
(1) If, based on field observations or complaints, the Director determines that a junk vehicle public nuisance may continue to exist either after 30 calendar days have passed since the mailing of the notice of potential violation under CCC 19.60.090, or after terminating the cooperative abatement agreement under CCC 19.60.110, the Director may serve a notice of violation and citation to the landowner, containing the following:
(a) The name and address of the landowner;
(b) The location of the subject property by address, parcel number, or legal description;
(c) A summary of the information that forms the basis of the determination that a junk vehicle public nuisance may exist on the subject property;
(d) A description of the corrective action necessary to abate the violation;
(e) Notification that the violation must be abated within 45 calendar days of service unless a timely and proper notice of appeal is submitted;
(f) Notification that if any of the persons to whom the notice of violation and citation is issued wish to appeal said notice and request a hearing before the Hearing Examiner, they must submit a written notice of appeal to the Director within 14 calendar days of service;
(g) The process through which the landowner can schedule a formal inspection by the Director to determine that no such junk vehicle public nuisance exists or that such junk vehicle public nuisance has been abated; daily penalties will accrue until the Director has determined in writing that the junk vehicle public nuisance has been abated;
(h) Notification that if the person(s) to whom the notice of violation and citation is issued fail to properly submit a timely notice of appeal or fail to abate the nuisance, daily penalties as stated in the notice of violation and citation will begin to accrue on the first day after 45 calendar days have passed from the date of service of the notice of violation and citation, and will continue to accrue every day thereafter up to the day that the Director confirms in writing that the junk vehicle public nuisance has been abated;
(i) Notification that penalties are due 30 calendar days after they accrue, and that if any penalties remain unpaid 90 calendar days after they accrue, interest will begin to accrue at six percent per annum, a lien will be recorded against the subject property (if owned by the responsible person), and/or the amounts due will be forwarded to a collection agency for collection.
(2) The notice of violation and citation must be served on the landowner by either personal service on the landowner or by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail to the landowner’s last known address. The taxpayer’s address as shown on the County’s tax records relating to the subject property shall be deemed to be the proper mailing address of the landowner. The person effecting the service shall provide a notarized written declaration stating the date and time of service and the manner by which service was made. Service by mail shall be deemed effective upon the third business day following the day upon which the notice of violation and citation was placed in the mail.
(3) The Director may grant in writing an extension of the time limit if the landowner has made a request therefor in writing and shown due diligence or substantial progress in abating the nuisance, but circumstances render timely completion unattainable.
(4) The Director may record a lien after penalties have remained unpaid for 90 calendar days after their accrual.
(a) The lien for penalties shall run with the property and shall accrue interest at six percent per annum from the date of recording until paid in full;
(b) The lien for penalties shall contain a reference to the notice of violation and citation, a description of the property to be charged with the lien, the owner of record, and the total amount of the lien. The Director may cause such lien to be modified to add accrued penalties after they have remained unpaid for 90 calendar days;
(c) The Director shall record a corrected lien to reflect any partial waiver of penalties, upon the landowner’s successful performance under a cooperative abatement agreement entered into between the Director and the landowner pursuant to CCC 19.60.110.
(5) Notification that the notice of violation and citation may be recorded against the subject property in the Clallam County Auditor’s Office subsequent to service.