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Seattle SMC 22.200 — Housing Code

 

[Source]

Chapter 7.24 - RENTAL AGREEMENT REGULATION

 
 

7.24.010 - Short title.

 

This chapter may be known as the Rental Agreement Regulation Ordinance.

(Ord. 116843, § 1, 1993.)

 
 

7.24.020 - Definitions

 

As used in this Chapter 7.24:

"Department" means the Seattle Department of Construction and Inspections or its successor.

"Domestic violence" has the meaning defined in RCW 26.50.010 as amended.

"Director" means the Director of the Seattle Department of Construction and Inspections or the Director's designee.

"Family or household members" has the meaning defined in RCW 26.50.010 as amended.

"Hearing Examiner" means the official appointed by the Council and designated as the Hearing Examiner, or that person's designee (Deputy Hearing Examiner, Hearing Examiner Pro Tem, etc.).

"Housing costs" means rent as defined by chapter 59.18 RCW.

"Immediate family" means spouses, domestic partners, former spouses, former domestic partners, adult persons related by marriage, siblings, persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship, and persons who have a parent-child relationship, including parents, stepparents, grandparents, adoptive parents, guardians, foster parents, or custodians of minors. For purposes of this definition, "dating relationship" means a social relationship of a romantic nature. Factors a court may consider in determining the existence of a dating relationship include: (a) the length of time the relationship has existed; (b) the nature of the relationship; and (c) the frequency of interaction between the parties.

"Intimate partner" has the meaning defined in RCW 26.50.010 as amended. For purposes of this definition, "dating relationship" has the meaning defined in RCW 26.50.010 as amended.

"Landlord" means the owner, lessor, or sublessor of the dwelling unit or the property of which it is a part, and in addition means any person designated as representative of the owner, lessor, or sublessor including, but not limited to, an agent, a resident manager, or a designated property manager.

"Last month's rent" means money that is paid as rent for the last month of a residential tenancy and that is paid at the inception of the tenancy or in installments as authorized by Section 7.24.036.

"Month-to-month tenancy" means a residential tenancy of an indefinite period with monthly or other periodic rent reserved.

"Non-refundable move-in fees" means non-refundable fees paid by a tenant to reimburse a landlord for the cost of obtaining a tenant screening report, criminal background check, or credit report or to pay for cleaning of the dwelling unit upon termination of the tenancy, but does not include payment of a reservation fee authorized by RCW 59.18.253(2).

"Parking fee" means a periodic fee charged for the privilege of parking a motorized vehicle.

"Person" means any individual, firm, corporation, association, governmental entity, or partnership and its agents or assigns.

"Pet damage deposit" means money that is paid by the tenant to the landlord at any time as security to pay for damage to the landlord's property that is caused by a pet for which the tenant is responsible.

"Qualified third party" means any of the following people acting in their official or employment capacity:

1. Law enforcement officers;

2. Persons subject to the provisions of chapter 18.120 RCW;

3. Employees of a court of the state;

4. Licensed mental health professionals or other licensed counselors;

5. Employees of crime victim/witness programs as defined in RCW 7.69.020 who are trained advocates for the program;

6. Members of the clergy as defined in RCW 26.44.020; and

7. Persons performing case management employed at social service agencies.

"Rental agreement" has the meaning defined in and within the scope of RCW 59.18.030 and RCW 59.18.040 as amended.

"Security deposit" means any payment, fee, charge, or deposit of money paid to the landlord by the tenant at the beginning of the tenancy as a deposit and security for performance of the tenant's obligations in a written rental agreement, but does not include payment of a reservation fee authorized by RCW 59.18.253(2) or a payment to assure the payment of rent, provided that a security deposit may be applied to rent as provided in Section 7.24.030. Security deposits include payments, charges, or deposits for the purpose of:

1. Repairing damage to the premises, exclusive of ordinary wear and tear, caused by the tenant, or by a guest or licensee of the tenant.

2. Compensating the landlord for the tenant's breach of the tenant's duties prescribed in the rental agreement to restore, replace, or return personal property or appurtenances.

3. Compensating the landlord for the tenant's failure to return keys to the premises, except that a landlord shall not retain any portion of the deposit for keys for lock mechanisms that must be changed upon a change of tenancy pursuant to subsection 22.206.140.A.7.

"Sexual assault" has the meaning defined in RCW 70.125.030 as amended.

"Stalking" has the meaning defined in RCW 9A.46.110 as amended.

"Tenant" has the meaning defined in and within the scope of RCW 59.18.030 and RCW 59.18.040 as amended.

"Unlawful harassment" has the meaning defined in RCW 59.18.570 as amended.

(Ord. 126053, § 1, 2020; Ord. 125951, § 1, 2019; Ord. 125950, § 1, 2019; Ord. 125901, § 1, 2019; Ord. 125840, § 2, 2019; Ord. 125558, § 1, 2018; Ord. 125551, § 1, 2018; Ord. 125222, § 1, 2016; Ord. 124919, § 34, 2015 [department name change]; Ord. 121276, § 11, 2003 [department name change]; Ord. 119171, § 1, 1998; Ord. 116843, § 2, 1993.)

 
 

7.24.030 - Rental agreement requirements

 

A. Any rental agreement or renewal of a rental agreement for a residential rental unit in The City of Seattle entered into after November 8, 2021 shall include or shall be deemed to include a provision requiring at least 180 days' prior written notice whenever the periodic or monthly housing costs to be charged a tenant are to increase, except that for a subsidized tenancy where the amount of rent is based on the income of the tenant or circumstances specific to the subsidized household, the rental agreement shall instead provide at least 30 days' prior written notice of an increase in the amount of rent to each affected tenant.

B. No rental agreement entered into after September 29, 1993, that creates or purports to create a tenancy from month to month or from period to period on which rent is payable, may:

1. Require occupancy for a minimum term of more than one month or period;

2. Impose penalties, whether designated as "additional rent" or fees, if a tenant terminates the tenancy pursuant to law and vacates before expiration of any minimum term prohibited by subsection 7.24.030.B.1;

3. Require forfeiture of all or any part of a deposit if the tenant terminates the tenancy pursuant to law and vacates before expiration of any minimum term prohibited by subsection 7.24.030.B.1; provided, that nothing in this Chapter 7.24 shall prevent a landlord from retaining all or a portion of a deposit as compensation for damage to the premises as provided by law and the rental agreement or, as provided by law, for failure to perform other obligations imposed by the rental agreement.

C. Any rental agreement entered into after the January 15, 2017 is subject to the requirements of this subsection 7.24.030.C. Security deposits and non-refundable move-in fees are prohibited unless authorized by and identified in a written rental agreement that:

1. Describes the terms and conditions under which the security deposit or portion thereof may be retained by the landlord. The landlord shall prepare and provide to the tenant at the commencement of tenancy a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the dwelling unit at the time of occupancy including damages to the premises and furnishings, which include but are not limited to walls, floors, countertops, carpets, drapes, furniture, and appliances. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.

2. Describes the terms and conditions of the payment schedule for the security deposit and non-refundable move-in fees pursuant to subsection 7.24.035.C.

D. Any rental agreement entered into after January 15, 2017 is subject to the requirements of this subsection 7.24.030.D. Any payment of last month's rent by the tenant to the landlord shall be authorized by a written rental agreement that:

1. Identifies the amount of the last month's rent; and

2. Describes the terms and conditions of the payment schedule for the last month's rent if the tenant elects to pay the last month's rent in installments as authorized by Section 7.24.036.

E. Any rental agreement entered into after January 15, 2017 shall describe the terms and conditions of any monthly or periodic payments required as a condition of tenancy, including but not limited to: rent, security deposits, non-refundable move-in fee, last month's rent, utility payments, parking fees, late fees authorized by the rental agreement, or other monthly or periodic payments required to be made by the tenant to the landlord. When any monthly or periodic payment is made pursuant to the rental agreement, the landlord shall first apply the payment to the rent due before applying it to other payments due by the tenant to the landlord, except that if the payment is made in response to a notice issued pursuant to RCW 59.12.030 during the period of that notice, the landlord shall first apply the payment to the amount specified in that notice, before applying it to the rent due or to other payments due by the tenant to the landlord. The landlord shall:

1. Provide a receipt for any payment made by a tenant in the form of cash.

2. Provide, upon the request of a tenant, a written receipt for any payments made by the tenant in a form other than cash.

3. Provide the option for payment of housing costs and other costs and fees by cash, check, or other means that do not require electronic banking.

F. Any rental agreement entered into after January 15, 2017 is subject to the requirements of this subsection 7.24.030.F. Any payment of a pet damage deposit shall be authorized by a written rental agreement, or an addendum to the written rental agreement, that:

1. Identifies the amount of the pet damage deposit; and

2. Describes the terms and conditions of the payment schedule for the pet damage deposit if the tenant elects to pay the pet damage deposit in installments as authorized by Section 7.24.038.

G. Parking charges separately documented. For housing units in multifamily or mixed-use structures that meet the threshold size requirement of subsection 23.42.070.A:

1. Any rental agreement entered into after May 13, 2018 shall specify in a rental agreement addendum or in a separate parking agreement the amount of any parking fee.

2. A tenant may elect not to rent or lease parking when renting or leasing a unit, in which case the tenant is not required to sign a rental agreement addendum or a separate parking agreement that requires the tenant to pay a parking fee.

H. Any rental agreement entered into after December 31, 2019 is subject to the requirements of this subsection 7.24.030.H.

1. A tenant is not liable for damage to the landlord's property that was caused by a perpetrator of domestic violence, sexual assault, unlawful harassment, or stalking if:

a. The tenant notifies the landlord in writing that the tenant, family or household member, or intimate partner was a victim of domestic violence, sexual assault, unlawful harassment, or stalking and that the damage to the landlord's property was caused by the perpetrator of the domestic violence, sexual assault, unlawful harassment, or stalking regardless of whether the property damage occurred during an act of domestic violence, sexual assault, unlawful harassment, or stalking; and

b. The tenant provides documentation to the landlord that the tenant, family or household member, or intimate partner was a victim of domestic violence, sexual assault, unlawful harassment, or stalking and that the perpetrator of the domestic violence, sexual assault, unlawful harassment, or stalking caused the property damage. The documentation shall consist of a document signed and dated by a qualified third party stating:

1) That the tenant notified the qualified third party that the tenant, family or household member, or intimate partner was a victim of domestic violence, sexual assault, unlawful harassment, or stalking;

2) The time and date the act or acts of property damage occurred;

3) The location where the act or acts of property damage occurred;

4) A brief description of the act or acts of property damage; and

5) That the tenant informed the qualified third party of the name of the perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking and that the perpetrator is the person who caused the property damage. The record of the report provided to the tenant, family or household member, or intimate partner shall not include the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. The qualified third party shall keep a copy of the record of the report and shall note on the retained copy the name of the alleged perpetrator of the act or acts of domestic violence, sexual assault, unlawful harassment, or stalking. The written record may be in the form of a copy of a valid order of protection, if it contains elements 7.24.030.H.1.b.1 through 7.24.030.H.1.b.5, under one or more of the following: chapters 7.90, 26.26A, 26.26B, or 26.50 RCW or RCW 9A.46.040, 9A.46.050, 10.14.080, 10.99.040(2) or (3), or 26.09.050.

2. The provision of verification of a report under subsection 7.24.030.H.1.b does not waive the confidential or privileged nature of the communication between a victim of domestic violence, sexual assault, unlawful harassment, or stalking with a qualified third party pursuant to RCW 5.60.060, 70.123.075, or 70.125.065. No record or evidence obtained from such disclosure may be used in any civil, administrative, or criminal proceeding against the victim unless a written waiver of applicable evidentiary privilege is obtained, except that the verification itself, and no other privileged information, under subsection 7.24.030.H.1.b may be used in civil proceedings brought under this Section 7.24.030.

3. Nothing in this subsection 7.24.030.H precludes a landlord from seeking compensation from the perpetrator of domestic violence, sexual assault, unlawful harassment, or stalking for damage to the landlord's property caused by the perpetrator.

I. Any rental agreement entered into after June 30, 2020 is subject to the following requirements.

1. Occupancies allowed

Subject to the landlord's authority to screen and allow occupancy of a rental unit as provided in this subsection 7.24.030.I, the tenants, a tenant's immediate family, an additional resident who is not a member of the tenant's immediate family, and the additional resident's immediate family may reside in a rental unit, provided the total number of persons residing in the unit does not exceed occupancy limits established by federal, state, or local law.

2. Notification to a landlord

Within 30 days following the commencement of occupancy of any residents who do not become parties to a rental agreement, the tenant shall inform the landlord of each additional person's name.

3. Conditions of qualifying for and obtaining occupancy of a rental unit

Landlords shall not impose conditions on any person other than a tenant, including but not limited to using additional screening criteria, that are beyond those imposed on a tenant to qualify for or obtain occupancy of a rental unit.

4. Early vacation from a rental unit

If one of the tenants or persons who is not the tenant vacates the unit before expiration of the tenancy, a landlord shall not reduce the number of persons allowed to occupy the unit during the remainder of the tenancy.

5. Limitations on screening requirements

A landlord may screen a potential tenant and additional residents other than the tenant's immediate family to determine whether a potential tenant can become party to a rental agreement or additional residents can occupy the rental unit. A landlord may obtain a screening report under subsection 14.08.040.F and Chapter 14.09 for members of a tenant's immediate family but may not exclude any member of the tenant's immediate family from occupancy or becoming a party to the rental agreement based on information in the screening report, except as provided in Section 7.24.032. A landlord must comply with all other screening requirements required by law.

6. Parties to the rental agreement

A landlord may require by written notice that any resident who is not a member of the tenant's immediate family become a party to the rental agreement. If that resident fails to become party to the rental agreement within 30 days after receiving a written notice from the landlord requiring that resident to become a party, that resident shall vacate the unit within 45 days after receiving that notice.

J. Right of first refusal

1. Except as provided in subsection 7.24.030.J.2, the landlord must offer the tenant for whom the tenancy for a specified time is expiring a new tenancy on reasonable terms for the same rental unit, with the new tenancy starting on the day after the expiration of the tenancy for a specified time. The landlord must make that offer between 60 and 90 days before the expiration of the tenancy for a specified time and before the landlord offers tenancy to any third party. The landlord must deliver a proposed rental agreement to the tenant in accordance with RCW 59.12.040 and give the tenant 30 days to accept or decline the proposed rental agreement. There shall be a rebuttable presumption that the landlord failed to offer a new tenancy on reasonable terms if: the existing tenant declines to enter the proposed rental agreement; and, within 30 days after the tenant has vacated, the landlord lists the unit for rent on terms materially more favorable to a prospective tenant.

2. A landlord may decline to offer a new tenancy under subsection 7.24.030.J.1 if:

a. The tenant, at least 60 days before the expiration of the tenancy for a specified time, provides the landlord written notice that the tenant intends to vacate voluntarily after the rental agreement expires;

b. The landlord asserts a just cause under Section 22.205.010 and complies with subsection 7.24.030.J.3;

c. The existing rental agreement provides for the tenancy to continue as a month-to-month tenancy after the agreement expires; or

d. More than 90 days before the expiration of the tenancy for a specified time, the landlord and tenant agree to a new rental agreement for the same rental unit, with the new tenancy starting on the day after the expiration of the previous tenancy for a specified time.

3. If a landlord asserts a just cause for declining to offer a new tenancy under subsection 7.24.030.J.2.b, the landlord must provide the tenant written notice between 60 and 90 days before the expiration of the tenancy for a specified time. The notice must inform the tenant of any just cause the landlord asserts and the facts supporting each cause. The landlord is responsible for any notice requirements, including, but not limited to applicable notice periods, relocation assistance, or other remedies applicable to that just cause under Section 22.205.010.

4. If a landlord fails to comply with subsections 7.24.030.J.1 or 7.24.030.J.3, the landlord shall be liable to the tenant in a private right for action for the cost of three months' rent under the terms of the expired rental agreement, costs of suit, and reasonable attorney's fees.

K. Nothing in this Section 7.24.030 shall be interpreted or applied so as to create any power or duty in conflict with federal law. In the event of any conflict, federal requirements shall supersede the requirements of this Section 7.24.030.

L. Any provisions in a rental agreement that violate this Section 7.24.030 are null and void and of no lawful force and effect.

(Ord. 126450, § 1, 2021; [7.24.030.L renumbered from 7.24.040]; Ord. 126370, § 1, 2021; Ord. 125950, § 2, 2019; Ord. 125951, § 2, 2019; Ord. 125953, § 1, 2019; Ord. 125901, § 2, 2019; Ord. 125558, § 2, 2018; Ord. 125222, §§ 2, 4, 2016; Ord. 119171, § 2, 1998; Ord. 116843, §§ 3, 4, 1993.)

 
 

7.24.031 - Succession to tenancy upon a tenant's early vacation of a rental unit and screening of succeeding parties

 

A. If a tenant vacates the rental unit before expiration of the tenancy, members of the tenant's immediate family occupying the rental unit may become parties to the rental agreement, subject to the same terms in the rental agreement that applied to the vacating tenant. A landlord may obtain a screening report under subsection 14.08.040.F and Chapter 14.09 for members of a tenant's immediate family but may not exclude any member of the tenant's immediate family from becoming a party to the rental agreement based on information in the screening report, except as provided in Section 7.24.032.

B. If a tenant vacates the rental unit before expiration of the tenancy, additional residents of the rental unit who are not the tenant's immediate family may become parties to the rental agreement, subject to the same terms in the rental agreement that applied to the vacating tenant, if they have resided in the rental unit for at least six consecutive months immediately prior to the tenant's vacation. A landlord may screen these additional residents to determine whether to allow them to become parties to the rental agreement.

C. A landlord may require by written notice that the persons described in subsections 7.24.031.A and 7.24.031.B become a party to the rental agreement. If that resident fails to become party to the rental agreement within 30 days after receiving a written notice from the landlord requiring that resident to become a party, that resident shall vacate the unit within 45 days after receiving that notice.

(Ord. 125950, § 3, 2019.)

 
 

7.24.032 - Exemptions

 

Subsection 7.24.030.I and Section 7.24.031 do not apply to:

A. Denial of occupancy made by landlords of federally assisted housing subject to federal regulations that require denial of tenancy, including but not limited to when any member of the household is subject to a lifetime sex offender registration requirement under a state sex offender registration program or has been convicted of manufacturing or producing methamphetamine on the premises of federally-assisted housing; or

B. Renting of a dwelling unit or an accessory dwelling unit where the owner occupies a part of the dwelling unit or accessory dwelling unit.

(Ord. 125950, § 4, 2019.)

 
 

7.24.033 - Landlord mitigation program for damages caused by a perpetrator of domestic violence, sexual assault, unlawful harassment, or stalking

 

A. Program established

1. A landlord mitigation program is established to reimburse landlords for certain costs incurred by the landlord to repair damage to the landlord's real or personal property caused by a perpetrator of domestic violence, sexual assault, unlawful harassment, or stalking when the victim of the domestic violence, sexual assault, unlawful harassment, or stalking occupies the rental unit and is the tenant, a member of the tenant's family or household, or an intimate partner.

2. Reimbursement is authorized for damage to the landlord's real or personal property, excluding normal wear and tear, including but are not limited to: Wall gouges and holes; damage to doors and cabinets, including hardware; carpet stains or burns; cracked tiles or hard surfaces; broken windows; damage to household fixtures such as disposals, toilets, sinks, sink handles, ceiling fans, and lighting.

B. Requirements for reimbursement

To obtain reimbursement, the landlord must:

1. Have registered the rental property with the Department if registration is otherwise required by Section 22.214.040;

2. Have completed the move-in checklist or statement required by RCW 59.18.260, that is signed and dated by the landlord and the tenant, and provided the tenant with a copy of the signed checklist or statement;

3. Have repaired the damaged property;

4. Have sought compensation for the damage pursuant to any property insurance policy and have had the claim denied;

5. Apply for reimbursement to the Department on a form provided by the Department and signed by the landlord under penalty of perjury;

6. Submit to the Department materials substantiating the damage and the cost of repair, such as a copy of the inspection checklist or statement identified in subsection 7.24.033.B.2, documents and materials describing the property damage, including but not limited to photographs or videos showing the property damage and copies of repair receipts for labor and materials;

7. Submit written or documentary evidence to the Department showing that the property damage was caused by a perpetrator of domestic violence, sexual assault, unlawful harassment, or stalking, regardless of whether damage was caused during an act of domestic violence, sexual assault, unlawful harassment, or stalking;

8. Submit written or documentary evidence to the Department showing that when the property damage occurred:

a. The rental unit was occupied by a tenant, a member of the tenant's family or household, or an intimate partner;

b. The occupant was a victim of the domestic violence, sexual assault, unlawful harassment, or stalking; and

c. The perpetrator of the domestic violence, sexual assault, unlawful harassment, or stalking is the same person who damaged the property;

9. Agree to waive any right to seek compensation from the tenant for the property damage eligible for reimbursement under the program;

10. Not have obtained compensation from the person who caused the property damage unless the amount of compensation obtained is less than the amount of reimbursement allowed by this Section 7.24.033, in which case the amount of reimbursement allowed shall be reduced by the amount of compensation obtained. If the landlord obtains compensation from the person who caused the property damage after the landlord has received reimbursement under this program, the landlord shall refund to the City an amount of money that is equivalent to the compensation obtained but not exceeding the amount of reimbursement received under the program; and

11. Submit a claim for reimbursement including supporting materials and documents to the Department within one year of the date the tenant vacates the unit.

C. Amount of reimbursement

1. The amount of reimbursement is limited to costs of repair that exceed $500. Reimbursement for costs that exceed $500 is limited to $1,000.

2. The availability of funds for reimbursement is subject to the existence of budget appropriations for that purpose. A claim for reimbursement shall be denied if insufficient funds are available in the program to pay the claim. The Department shall not be civilly or criminally liable and may not have any penalty or cause of action of any nature arise against it regarding the provision or lack of provision of funds for reimbursement.

3. Repair costs that are eligible for reimbursement may not exceed costs that are usual and customary for performing the repair within Seattle.

D. Administration

1. The Department may inspect the rental unit and the landlord's records related to the claim to determine if the claim should be approved.

2. The Department must include on its web site a description of the landlord mitigation program and links to Department rules and policies relating to the program.

3. Neither the City, the Department, or persons acting on behalf of the Department, while acting within the scope of their employment or agency, is liable to any person for any loss, damage, harm, or other consequence resulting directly or indirectly from the Department's administration of the landlord mitigation program or decisions made under this Section 7.24.033.

(Ord. 125951, § 3, 2019.)

 
 

7.24.034 - Fees for notices and late rent

 

A. Any fee for late payment of rent shall not exceed ten dollars per month. No other fee may be charged for late payment of rent, including but not limited to a fee for the service of any notice required under state law.

B. A landlord may not charge a fee associated with the issuance of a notice to a tenant, including but not limited to a fee for preparing and delivering a notice regarding late payment of rent, a notice to pay or vacate, or a notice of noncompliance with a rental agreement.

C. The Director shall prepare a notice describing how persons may obtain information about the rights and obligations of landlords and owners under this Section 7.24.034. The Director shall place the notice on the Department's website and provide links to translated versions of the notice in the five languages most commonly spoken in Seattle other than English, as determined on an annual basis. The Director may provide links to translated versions in other languages at the Director's discretion. If requested, the Director shall provide copies of the notice to an owner at no cost.

(Ord. 126803, § 1, 2023.)

 
 

7.24.035 - Security deposits and nonrefundable move-in fees

 

A. Limit on the amount of charges for security deposits and non-refundable move-in fees. After January 15, 2017, the total amount of a security deposit and nonrefundable move-in fees may not exceed the amount of the first full month's rent for the tenant's dwelling unit. If rent is not paid or otherwise apportioned on a monthly basis, then for the sole purpose of applying this limit the total rent shall be pro-rated on an equal, monthly basis and the total charge to a tenant for the cost of a security deposit and nonrefundable move-in fees may not exceed the pro-rated, monthly rental amount.

B. Restrictions on fees

1. Other than non-refundable move-in fees, security deposits, pet security deposits, and last month's rent, landlords are prohibited from charging tenants any one-time fee at the beginning of the tenancy.

2. Pursuant to RCW 59.18.257, any fees charged to a prospective tenant by the landlord for the cost of obtaining a tenant screening report cannot exceed the actual cost of obtaining the report, which may not exceed the customary costs charged by a tenant screening service in The City of Seattle. The landlord shall provide, personally or by mail, the prospective tenant with a receipt for any fees charged for the cost of obtaining the screening report. The landlord shall provide the tenant with the name and address of the reporting agency and the prospective tenant's rights to obtain a free copy of the consumer report, pursuant to RCW 59.18.257.

3. If the tenant has paid a non-refundable move-in fee for cleaning, the landlord may not deduct additional cleaning fees from the tenant's security deposit.

4. The total amount of non-refundable move-in fees may not exceed ten percent of the first full month's rent, except that if the cost of a tenant screening report exceeds ten percent of the first full month's rent, the amount in excess of ten percent may be included in the non-refundable fee but may not exceed the customary costs charged by a screening service in The City of Seattle.

C. Fee payments in installments. Except as provided in subsection 7.24.035.C.4, tenants may pay security deposits and non-refundable move-in fees in installments as provided below. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay in installments.

1. For any rental agreement term that establishes a tenancy for six months or longer, the tenant may elect to pay the security deposit and non-refundable move-in fees, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in six consecutive, equal monthly installments that begin at the inception of the tenancy or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

2. For any rental agreement term that establishes a tenancy between 30 days and six months, the tenant may elect to pay the security deposit and non-refundable move-in fees, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in no more than four equal amounts that begin at the inception of the tenancy and are paid in installments of equal duration or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

3. For any rental agreement term that establishes a tenancy from month to month, the tenant may elect to pay the security deposit and non-refundable move-in fees, excluding any payment made by a tenant to the landlord prior to the inception of tenancy to reimburse the landlord for the cost of obtaining a tenant screening report, in two equal installments. The first payment is due at the inception of the tenancy and the second payment is due on the first day of the second month or period of the tenancy or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

4. The tenant cannot elect to pay the security deposit and non-refundable move-in fees in installments if (a) the total amount of the security deposit and nonrefundable move-in fees does not exceed 25 percent of the first full month's rent for the tenant's dwelling unit; and (b) payment of last month's rent is not required at the inception of the tenancy.

5. A tenant's failure to pay a security deposit and non-refundable move-in fee according to an agreed payment schedule is a breach of the rental agreement and subjects the tenant to a 10-day notice pursuant to RCW 59.12.030(4).

D. Return or retention of security deposits. The return or retention of a security deposit, or portion thereof, must comply with the requirements of RCW 59.18.280. The Director may establish by rule procedures for enforcement of the requirements of RCW 59.18.280.

E. No deposit may be collected by a landlord unless the rental agreement is in writing and a written checklist or statement specifically describing the condition and cleanliness of or existing damages to the premises and furnishings, including, but not limited to, walls, floors, countertops, carpets, drapes, furniture, and appliances, is provided by the landlord to the tenant at the commencement of the tenancy. The checklist or statement shall be signed and dated by the landlord and the tenant, and the tenant shall be provided with a copy of the signed checklist or statement.

F. A landlord must place any required security deposit in a trust account and provide a written receipt and notice of the name, address, and location of the depository and any subsequent change thereof to the tenant, in compliance with the requirements of RCW 59.18.270.

G. Nothing in this Chapter 7.24 prohibits a landlord from bringing an action against a tenant to recover sums exceeding the amount of the tenant's security deposit for damage to the dwelling unit for which the tenant is responsible. The landlord may seek attorney's fees for such an action as authorized by chapter 59.18 RCW.

H. This Section 7.24.035 does not apply to a tenant who rents a housing unit in a single-family residence if the residence is the principal residence of the owner of the residence.

(Ord. 125222, § 3, 2016.)

 
 

7.24.036 - Installment payment option for last month's rent

 

A tenant may elect to pay last month's rent in installments as follows:

A. For any rental agreement term that establishes a tenancy for six months or longer, the tenant may elect to pay the last month's rent in six consecutive, equal monthly installments that begin at the inception of the tenancy or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

B. For any rental agreement term that establishes a tenancy between 60 days and six months, the tenant may elect to pay the last month's rent in no more than four equal amounts that begin at the inception of the tenancy and are paid in installments of equal duration or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

C. Landlords may not impose any fee, charge any interest, or otherwise impose a cost on a tenant because a tenant elects to pay the last month's rent in installments.

D. This Section 7.24.036 does not apply to a tenant who rents a housing unit in a single-family residence if the residence is the principal residence of the owner of the residence.

(Ord. 125222, § 3, 2016.)

 
 

7.24.038 - Pet damage deposits

 

A. Except as provided in subsection 7.24.038.B, the landlord may require payment of a pet damage deposit provided that the total amount of the pet damage deposit may not exceed 25 percent of the first full month's rent, regardless of the time when the pet damage deposit is paid. If rent is not paid or otherwise apportioned on a monthly basis then for the sole purpose of applying this limit the total rent shall be pro-rated on an equal, monthly basis and the total charge to a tenant for the pet damage deposit may not exceed 25 percent of the pro-rated, monthly rental amount.

B. The landlord may not require a pet damage deposit if the pet serves as an assistance animal for the tenant. This prohibition does not prohibit a landlord from bringing an action for damages resulting from damage to the landlord's property caused by the tenant's assistance animal.

C. If the pet's occupancy begins at the beginning of tenancy, the amount of the pet damage deposit shall be specified in a rental agreement. If the pet's occupancy begins after the beginning of the tenancy, the amount of the pet damage deposit shall be specified in an addendum to the rental agreement. The tenant may elect to pay the pet damage deposit in three consecutive, equal monthly installments that begin when the pet first occupies the rental unit or, the tenant may propose an alternative installment schedule. If the landlord agrees to the tenant's alternative installment schedule the schedule shall be described in the rental agreement.

D. The landlord cannot keep any portion of the pet damage deposit for damage that was not caused by pets for which the tenant is responsible.

E. Other than the pet damage deposit authorized by subsection 7.24.038.A, the landlord may not charge the tenant any fee for keeping a pet.

(Ord. 125222, § 3, 2016.)

 
7.24.050 - Defense in commencing action—Fees and costs awarded

 

In any action commenced for unlawful detainer or to enforce a rental agreement, to impose penalties, or to forfeit a deposit contrary to rental agreement provisions required by subsections 7.24.030.A, 7.24.030.C, or 7.24.030.D or pursuant to rental agreement provisions prohibited by subsection 7.24.030.B and Section 7.24.035, it is a defense to such action that such provisions are contrary to the requirements for rental agreements imposed by this Chapter 7.24, and a tenant who prevails on such defense shall be awarded reasonable attorney fees and costs.

(Ord. 125222, § 5, 2016; Ord. 119171, § 3, 1998; Ord. 116843, § 5, 1993.)

 
 

7.24.060 - Private right of action 

 

A. Landlord liability to tenant

1. If a landlord attempts to enforce provisions in a rental agreement that are contrary to the requirements of Sections 7.24.030, 7.24.035, 7.24.036, or 7.24.038, the landlord shall be liable to the tenant for: 1) any actual damages incurred by the tenant as a result of the landlord's attempted enforcement; 2) double the amount of any penalties imposed by the City; 3) double the amount of any security deposit unlawfully charged or withheld by the landlord; and 4) reasonable attorney fees and costs.

2. A landlord who includes provisions prohibited by subsection 7.24.030.B, Section 7.24.035, Section 7.24.036, or Section 7.24.038 in a new rental agreement, or in a renewal of an existing agreement, shall be liable to the tenant for up to $3,000 plus reasonable attorney fees and costs.

B. Remedies for tenants if landlord fails to comply

1. If a landlord fails to comply with the requirements of subsections 7.24.080.A, 7.24.080.B, or 7.24.080.C and such failure was not caused by the tenant, the tenant may terminate the rental agreement by written notice pursuant to law.

2. In addition to the remedy provided by subsection 7.24.060.B.1, if a landlord fails to comply with the requirements of Section 7.24.080, the tenant may recover in a civil action from the landlord actual damages, attorney fees, and a penalty of up to $500. If a court determines that the landlord deliberately failed to comply with the requirements of Section 7.24.080, the penalty may be up to $1,000.

(Ord. 125334, § 1, 2017; Ord. 125222, § 6, 2016; Ord. 119171, § 4, 1998; Ord. 116843, § 6, 1993.)

 
 

7.24.070 - Information packets for landlords and tenants

 

A. The Department shall, as soon as practicable after June 19, 2017, and as the Department shall deem necessary thereafter, prepare a packet that includes:

1. A summary of this Chapter 7.24, and of the Housing and Building Maintenance Code, the Tenant Relocation Assistance Ordinance, the Condominium Conversion Ordinance, the Cooperative Conversion Ordinance, the Mobile Homes and Mobile Home Parks Ordinance, the Third Party Billing Ordinance, the Rental Registration and Inspection Ordinance, and the Washington State Residential Landlord Tenant Act, describing the respective rights, obligations, and remedies of landlords and tenants thereunder; and

2. Information describing how to register to vote and how to update voter registration, including updates to reflect a person's new address. The information shall include a voter registration form.

B. The Department shall make the summary described in subsection 7.24.070.A.1 available to the public at cost. The Department shall make the information and voter registration form described in subsection 7.24.070.A.2 available to landlords at no cost, and to the public at cost.

C. The packet prepared by the Department includes informational documents only, and nothing in the summaries therein shall be construed as binding on or affecting any judicial determination of the rights and responsibilities of landlords and tenants, nor is the Department liable for any misstatement or misinterpretation of the applicable laws.

(Ord. 125334, § 2, 2017; Ord. 125222, § 7, 2016; Ord. 116843, § 7, 1993.)

 
 

7.24.080 - Distribution of information packets by landlord required

 

A. A copy of the packet described in Section 7.24.070 that includes the summary prepared by the Director pursuant to subsection 7.24.070.A.1 that pertains to the type of tenancy or activity described in that summary, shall be provided to any tenant or prospective tenant by or on behalf of a landlord when such rental agreement is offered, whether or not such agreement is for a new or renewal rental agreement. For a renewal of a rental agreement, the landlord may provide the copy of the summary to the tenant electronically. A landlord must distribute the summary annually to tenants having month-to-month tenancies.

B. A copy of the packet described in Section 7.24.070 that includes the information and voter registration form described in subsection 7.24.070.A.2 shall be provided by a landlord to any tenant or prospective tenant when a new rental agreement is offered by the landlord.

C. If there is an oral agreement, the landlord shall give the tenant copies of the packet described in Section 7.24.070 either before entering into the oral agreement or as soon as reasonably possible after entering into the oral agreement.

D. Landlords shall, within 30 days after the Director makes the packet described in Section 7.24.070 available, distribute the packet to existing tenants. After June 19, 2017, the Department shall update the packet to include the information described in subsection 7.24.070.A.2 and shall notify landlords that the updated packet is available for distribution to existing tenants.

(Ord. 125334, § 3, 2017; Ord. 125222, § 7, 2016; Ord. 116843, § 8, 1993.)

 
 

7.24.100 - Rental agreement that waives tenant's remedies prohibited—Exception.

 

A. No rental agreement, whether oral or written, may provide that the tenant waives or foregoes rights or remedies under this Chapter 7.24, except as provided by subsection 7.24.100.B.

B. A landlord and tenant may agree, in writing, to waive specific requirements of this Chapter 7.24 if all of the following conditions have been met:

1. The agreement to waive specific provisions is in writing and identifies the specific provisions to be waived; and

2. The agreement may not appear in a standard form written lease or rental agreement; and

3. There is no substantial inequality in the bargaining position of the two parties; and

4. The attorney for the tenant has approved in writing the agreement as complying with subsections 7.24.100.B.1, 7.24.100.B.2, and 7.24.100.B.3.

(Ord. 116843, § 10, 1993.)

 
 

7.24.110 - Retaliation prohibited

 

A. It is a violation of this Chapter 7.24 for any person to retaliate against a tenant or prospective tenant because the tenant or prospective tenant exercised or attempted to exercise rights conferred by this Chapter 7.24. Retaliation means any of the following actions:

1. Refusing to provide, accept, or approve a rental application or a rental agreement.

2. Applying more onerous terms, conditions, or privileges, including increased rent, to a tenant or prospective tenant who exercises his or her rights under this Chapter 7.24 than to a tenant or prospective tenant who does not assert those rights.

3. Misrepresenting any material fact when providing a rental reference about a tenant.

4. Threatening to allege to a government agency that a tenant or prospective tenant, or a family member of a tenant or prospective tenant, is not lawfully in the United States.

B. If a person takes any of the actions identified in subsection 7.24.110.A within 90 days of the date a tenant or prospective tenant exercises rights conferred by this Chapter 7.24, it is presumed that the action was taken in retaliation for the exercise of those rights. The person taking the actions may rebut the presumption by producing clear and convincing evidence that the actions were not retaliatory.

(Ord. 125222, § 10, 2016.)

 

7.24.120 - Administrative and enforcement

 

A. The Director shall administer and enforce the provisions of this Chapter 7.24 and is authorized to adopt reasonable rules and regulations consistent with this Chapter 7.24 to carry out the Director's duties.

B. The first and second violations of this Chapter 7.24 shall be enforced under the citation provisions set forth in Section 7.24.130. Subsequent violations may be enforced, at the Director's discretion, under the notice of violation provisions set forth in Section 7.24.140 or criminal provisions set forth in Section 7.24.150.

(Ord. 125222, § 10, 2016.)

 

7.24.130 - Citation

 

A. Citation. If after investigation the Director determines that the standards or requirements of this Chapter 7.24 have been violated, the Director may issue a citation to the person responsible for the violation. The citation shall include the following information:

1. The name and address of the responsible person to whom the citation is issued;

2. A reasonable description of the location of the property on which the violation occurred;

3. A separate statement of each standard or requirement violated;

4. The date of the violation;

5. A statement that the person cited must respond to the citation within 15 days after service;

6. A space for entry of the applicable penalty;

7. A statement that a response must be sent to the Hearing Examiner and received not later than 5 p.m. on the day the response is due;

8. The name, address, and phone number of the Hearing Examiner where the citation is to be filed;

9. A statement that the citation represents a determination that a violation has been committed by the responsible person named in the citation and that the determination shall be final unless contested as provided in subsection 7.24.130.C; and

10. A certified statement of the inspector issuing the citation, authorized by RCW 9A.72.085, setting forth facts supporting issuance of the citation.

B. Service. The citation may be served by personal service in the manner set forth in RCW 4.28.080 for service of a summons or sent by first class mail, addressed to the last known address of such person(s). Service shall be complete at the time of personal service, or if mailed, three days after the date of mailing. If a citation sent by first class mail is returned as undeliverable, service may be made by posting the citation at a conspicuous place on the property.

C. Response to citations

1. A citation must be responded to in one of the following ways:

a. Payment of the monetary penalty specified in the citation, in which case the record shall show a finding that the person cited committed the violation; or

b. A written request for a mitigation hearing to explain the circumstances surrounding the commission of the violation and providing an address to which notice of such hearing may be sent; or

c. A written request for a contested hearing specifying the reason(s) why the cited violation did not occur or why the person cited is not responsible for the violation, and providing an address to which notice of such hearing may be sent.

2. A response to a citation must be received by the Office of the Hearing Examiner no later than 15 days after the date the citation is served. When the last day of the appeal period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day.

D. Failure to respond. If the Office of the Hearing Examiner does not receive a response within 15 days of service of the citation, the Hearing Examiner shall enter an order finding that the person cited committed the violation stated in the citation, and assessing the penalty specified in the citation.

E. Hearings

1. Mitigation hearings

a. Date and notice. If a mitigation hearing is requested, the mitigation hearing shall be held within 30 days after written response to the citation requesting such hearing is received by the Hearing Examiner. Notice of the time, place, and date of the hearing shall be sent to the address specified in the request for hearing not less than ten days prior to the date of the hearing.

b. Procedure at hearing. The Hearing Examiner shall hold an informal hearing that shall not be governed by the Rules of Evidence. The person cited may present witnesses, but witnesses may not be compelled to attend. A representative from the Seattle Department of Construction and Inspections may also be present and may present additional information, but attendance by a representative from the Seattle Department of Construction and Inspections is not required.

c. Disposition. The Hearing Examiner shall determine whether the cited person's explanation justifies reduction of the monetary penalty; however, the monetary penalty may not be reduced unless the Seattle Department of Construction and Inspections affirms or certifies that the violation has been corrected prior to the mitigation hearing. Factors that may be considered in whether to reduce the penalty include whether the violation was caused by the act, neglect, or abuse of another; or whether correction of the violation was commenced promptly prior to citation but that full compliance was prevented by a condition or circumstance beyond the control of the person cited.

d. Entry of order. After hearing the explanation of the person cited and any other information presented at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation and assessing a monetary penalty in an amount determined pursuant to subsection 7.24.130.F. The Hearing Examiner's decision is the final decision of the City on the matter.

2. Contested hearing

a. Date and notice. If a person requests a contested hearing, the hearing shall be held within 60 days after the written response to the citation requesting such hearing is received.

b. Hearing. Contested hearings shall be conducted pursuant to the procedures for hearing contested cases contained in Section 3.02.090 and the rules adopted by the Hearing Examiner for hearing contested cases, except as modified by this subsection 7.24.130.E.2. The issues heard at the hearing shall be limited to those that are raised in writing in the response to the citation and that are within the jurisdiction of the Hearing Examiner. The Hearing Examiner may issue subpoenas for the attendance of witnesses and the production of documents.

c. Sufficiency. No citation shall be deemed insufficient for failure to contain a detailed statement of the facts constituting the specific violation which the person cited is alleged to have committed or by reason of defects or imperfections, provided such lack of detail or defects or imperfections do not prejudice substantial rights of the person cited.

d. Amendment of citation. A citation may be amended prior to the conclusion of the hearing to conform to the evidence presented if substantial rights of the person cited are not thereby prejudiced.

e. Evidence at hearing. The certified statement or declaration authorized by RCW 9A.72.085 shall be prima facie evidence that a violation occurred and that the person cited is responsible. The certified statement or declaration authorized under RCW 9A.72.085 and any other evidence accompanying the report shall be admissible without further evidentiary foundation. The person cited may rebut the Department of Construction and Inspections' evidence and establish that the cited violation(s) did not occur or that the person contesting the citation is not responsible for the violation.

f. Disposition. If the citation is sustained at the hearing, the Hearing Examiner shall enter an order finding that the person cited committed the violation. If the violation remains uncorrected, the Hearing Examiner shall impose the applicable penalty. The Hearing Examiner may reduce the monetary penalty in accordance with the mitigation provisions in subsection 7.24.130.E.1 if the violation has been corrected. If the Hearing Examiner determines that the violation did not occur, the Hearing Examiner shall enter an order dismissing the citation.

g. Appeal. The Hearing Examiner's decision is final and conclusive unless, within ten calendar days of the date of the Hearing Examiner decision, an application or petition for a writ of review is filed in King County Superior Court. Judicial review shall be confined to the record of the administrative hearing. The Superior Court may reverse the Hearing Examiner decision only if the decision is arbitrary and capricious, contrary to law, in excess of the authority or jurisdiction of the Hearing Examiner, made upon unlawful procedure, or in violation of constitutional provisions.

3. Failure to appear for hearing. Failure to appear for a requested hearing will result in an order being entered finding that the person cited committed the violation stated in the citation and assessing the penalty specified in the citation. For good cause shown and upon terms the Hearing Examiner deems just, the Hearing Examiner may set aside an order entered upon a failure to appear.

F. Citation penalties

1. The following penalties shall be assessed for violations of any provision of this Chapter 7.24:

a. $500 for the first violation; and

b. $1000 for each subsequent violation within a five-year period.

2. Violation warning. The Director may, in an exercise of discretion, issue a warning to the person responsible for the violation if that person has not been previously warned or cited for violating this Chapter 7.24.

3. Collection of penalties. If the person cited fails to pay a penalty imposed pursuant to this Section 7.24.130, the penalty may be referred to a collection agency. The cost to the City for the collection services will be assessed as costs, at the rate agreed to between the City and the collection agency, and added to the penalty. Alternatively, the City may pursue collection in any other manner allowed by law.

(Ord. 125222, § 10, 2016.)

 
 

7.24.140 - Notice of violation

 

A. Investigation and notice of violation issuance

1. If after investigation the Director determines that the standards or requirements of this Chapter 7.24 have been violated, and the person responsible for the violation has had two or more citations issued within the past three years for violating this Chapter 7.24, the Director may issue a notice of violation to the person responsible for the violation. The notice of violation shall state separately each standard or requirement violated, shall state what corrective action, if any, is necessary to comply with the standards or requirements, and shall set a reasonable time for compliance.

2. The notice shall be served upon the person responsible for the violation by personal service, or by first class mail to the person's last known address. If the address of the responsible person is unknown and cannot be found after a reasonable search, the notice may be served by posting a copy of the notice at a conspicuous place on the property. If a notice of violation is directed to a person responsible for the violation who is not the owner, a copy of the notice shall be sent to the owner of the property.

3. A copy of the notice of violation may be filed with the King County Recorder's Office when the responsible person fails to correct the violation or the Director requests the City Attorney take appropriate enforcement action.

B. Review of the notice of violation by the Director

1. Any person significantly affected by or interested in a notice of violation issued by the Director pursuant to subsection 7.24.140.A may obtain a review of the notice by requesting such review within ten days after service of the notice. When the last day of the period so computed is a Saturday, Sunday, or federal or City holiday, the period shall run until 5 p.m. on the next business day. The request shall be in writing, and upon receipt of the request, the Director shall notify any persons served the notice of violation and the complainant, if any, of the request for review and the deadline for submitting additional information for the review. Additional information shall be submitted to the Director no later than 15 days after the notice of a request for a review is mailed, unless otherwise agreed by all persons served with the notice of violation. Before the deadline for submission of additional information, any person significantly affected by or interested in the notice of violation (including any persons served the notice of violation and the complainant) may submit any additional information in the form of written material or oral comments to the Director for consideration as part of the review.

2. The review will be made by a representative of the Director who is familiar with the case and the applicable ordinances. The Director's representative will review all additional information received by the deadline for submission of additional information. The reviewer may also request clarification of information received and a site visit. After review of the additional information, the Director may:

a. Sustain the notice of violation;

b. Withdraw the notice of violation;

c. Continue the review to a date certain for receipt of additional information; or

d. Modify the notice of violation, which may include an extension of the compliance date.

3. Where review by the Director has been conducted pursuant to this subsection 7.24.140.B, the Director shall issue an order of the Director containing the decision within 15 days of the date that the review is completed and shall cause the same to be mailed by regular first class mail to the person or persons named on the notice of violation and, if possible, mailed to the complainant. Unless a request for review before the Director is made pursuant to this subsection 7.24.140.B, the notice of violation shall become the order of the Director.

C. Extension of compliance date for the notice of violation. The Director may grant an extension of time for compliance with any notice or order, whether pending or final, upon the Director's finding that substantial progress toward compliance has been made and that the public will not be adversely affected by the extension. An extension of time may be revoked by the Director if it is shown that the conditions at the time the extension was granted have changed, the Director determines that a party is not performing corrective actions as agreed, or if the extension creates an adverse effect on the public. The date of revocation shall then be considered the compliance date.

D. Civil enforcement proceedings and penalties for a notice of violation

1. In addition to any other remedy authorized by law or equity, any person violating or failing to comply with any of the provisions of this Chapter 7.24 shall be subject to a cumulative penalty of up to $150 per day for each violation from the date the violation begins for the first ten days of noncompliance; and up to $500 per day for each violation for each day beyond ten days of noncompliance until compliance is achieved. In cases where the Director has issued a notice of violation, the violation will be deemed to begin for purposes of determining the number of days of violation on the date compliance is required by the notice of violation. The City shall also be entitled to recovery of its enforcement costs, including but not limited to staff time, administrative expenses and fees, and attorneys' fees.

2. The penalty imposed by subsection 7.24.140.D.1 shall be collected by civil action brought in Seattle Municipal Court or as otherwise required by law. The Director shall request in writing that the City Attorney take enforcement action and the City Attorney shall, with the assistance of the Director, take appropriate action to enforce this Chapter 7.24. In any civil action for a penalty, the City has the burden of proving by a preponderance of the evidence that a violation exists or existed; the issuance of the notice of violation or of an order following a review by the Director is not itself evidence that a violation exists.

E. Final decisions of the Seattle Municipal Court on enforcement actions authorized by this Section 7.24.140 may be appealed pursuant to the Rules for Appeal of Decisions of Courts of Limited Jurisdiction.

(Ord. 125222, § 10, 2016.)

 
 

7.24.150 - Alternative criminal penalty

 

Any person who violates or fails to comply with any of the provisions in this Chapter 7.24 and who has had at least two or more citations and one notice of violation issued against them for violating this Chapter 7.24 within the past three years from the date the criminal charge is filed shall upon conviction be guilty of a misdemeanor subject to the provisions of Chapters 12A.02 and 12A.04, except that absolute liability shall be imposed for such a violation or failure to comply and none of the mental states described in Section 12A.04.030 need be proved. The Director may request the City Attorney prosecute such violations criminally as an alternative to the citation and notice of violation procedures outlined in this chapter.

(125222, § 10, 2016.)

 

7.24.160 - Additional relief

 

The Director may seek legal or equitable relief at any time to enjoin any acts or practices that violate the provisions of this Chapter 7.24.

(125222, § 10, 2016.