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A. Powers and Duties of the Director of Community Development.

1. The director of community development is authorized to enforce this chapter and may promulgate rules and regulations consistent with this chapter.

2. The director of community development shall attempt to settle by agreement any alleged violation or failures to comply with the provisions of this chapter; provided, that nothing herein shall create a right or entitlement of a landlord to settlement by agreement.

3. The director of community development is authorized to request records from landlord and the landlord shall allow the director of community development access to such records, as well as a complete roster of tenants’ names and contact information, when requested, with at least five business days’ notice and at a mutually agreeable time, to investigate potential violations of the requirements of this chapter.

B. Violation.

1. If a violation of this chapter occurs, the director of community development shall utilize the procedures outlined in Chapter 5.15 ACC.

2. The director of community development may waive or reduce the penalty if the landlord comes into compliance within 10 days of the notice of violation or shows that its failure to comply was due to reasonable cause and not willful neglect. If the director of community development finds a willful violation of this chapter, which resulted in a notice of violation outlined above, the director of community development may issue a penalty that shall be $1,000.

3. Any civil penalties paid by the landlord shall be kept by the city and may be utilized to help offset payments that are due by the tenant.

4. Any tenant claiming injury from any violation of this chapter shall be entitled to bring an action in King County Superior Court or in any other court of competent jurisdiction to enforce the provisions of this chapter, and shall be entitled to all remedies available at law or in equity appropriate to remedy any violation of this chapter, including declaratory or injunctive relief. A tenant who prevails in any action to enforce this chapter shall be awarded his or her costs, reasonable attorneys’ fees, and expenses.

a. A landlord who violates this chapter shall be liable for penalties of up to two times the monthly rent of the dwelling unit at issue.

b. Failure of a landlord to comply with any of the provisions of this chapter shall provide the tenant with a defense in any legal action brought by the landlord to recover possession of the dwelling unit.

C. Administrative Review by the Director.

1. General. A person to whom a notice of violation or penalty is assessed may request an administrative review of the notice of violation or penalty.

2. How to Request Administrative Review. A person may request an administrative review of the notice of violation or penalty by filing a written request with the director of community development within 10 days from the date the notice of violation or penalty was issued. The request shall state, in writing, the reasons the director of community development should review the notice of violation or penalty. Failure to state the basis for the review in writing shall be cause for dismissal of the review. Upon receipt of the request for administrative review, the director of community development shall review the information provided. The city has the burden to prove a violation exists by a preponderance of the evidence.

3. Decision of Director. After considering all of the information provided, the director of community development shall determine whether a violation has occurred and shall affirm, vacate, suspend, or modify the notice of violation or penalty. The director of community development’s decision shall be delivered, in writing, to the person to whom the notice of violation was issued by personal delivery or first-class mail.

D. Appeals to the Hearing Examiner of Director’s Decision. Appeal of the director’s decision shall be made within 10 days from the date of the director’s decision by filing a written notice of appeal, clearly stating the grounds that the appeal is based upon, with the hearing examiner, which appeal shall be governed by Chapters 2.46 and 5.15 ACC. (Ord. 6786 § 1, 2020.)