11.20.005 Investigation and notice of violation.
A. Investigation. The director shall investigate any structure, property or use that the director reasonably believes does not comply with the applicable standards and requirements of the Bothell Municipal Code and/or the Bothell shoreline master program.
B. Notice of Violation. If after investigation the director determines that the applicable standards or requirements of the Bothell Municipal Code and/or the Bothell shoreline master program have been violated, the director may serve a notice of violation upon the owner, tenant, or other person responsible for the condition. The notice of violation shall contain the following information, at minimum:
1. A separate statement of each standard, code provision, or requirement violated;
2. What corrective action, if any, is necessary to comply with the standards, code provision, or requirements;
3. A reasonable time for compliance; and
4. A statement that, if the violation is not already subject to criminal prosecution, any subsequent violations may result in criminal prosecution as provided in BMC 11.20.010.
C. Service. The notice of violation shall be served on the owner, tenant, and/or other person responsible for the condition. The director shall serve the notice of violation upon the person to whom it is directed by either:
1. Personal service;
2. Mailing a copy by both certified mail with return receipt requested and regular U.S. mail to the recipient’s last known address, with service by mail deemed served three days after it has been deposited in regular U.S. mail; or
3. By posting a copy of the notice of violation conspicuously on the affected property or structure, but only if the person to whom it is directed cannot after due diligence be personally served within King or Snohomish County and if an address for mailed service cannot after due diligence be ascertained.
Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and, if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. Other Actions May Be Taken. Nothing in this section shall be deemed to limit or preclude any action or proceeding pursuant to BMC 11.20.007, Cease activity order; pursuant to BMC 11.20.008, Emergency order; for criminal prosecution as provided in BMC 11.20.010; or for the additional and injunctive relief described in BMC 11.20.010.
E. Optional Notice to Others. The director may mail, or cause to be delivered to any or all residential and/or nonresidential rental unit(s) in the structure or post at a conspicuous place on the property, a notice that informs each recipient or resident about the notice of violation, cease activity order, or emergency order and the applicable requirements and procedures.
F. Amendment. A notice or order may be amended at any time in order to:
1. Correct clerical errors; or
2. Cite additional authority for a stated violation. (Ord. 2238 § 3, 2017; Ord. 2023 § 1 (Exh. A), 2009; Ord. 1815 § 1, 2000; Ord. 1628 § 1, 1996).