12.12.080 Enforcement responsibility.
Whenever a violation of the requirements of this chapter is brought to the attention of the city of Lynnwood, the matter shall be referred to the department of public works. A written notice describing the infraction shall be mailed to the address of the party paying the real estate taxes on the abutting property, requiring correction within a reasonable time to be established by the notice. In the event that the infraction is not corrected within the time specified in the notice, the director of public works or his designee shall either:
A. Cause the work necessary to correct the infraction to be done and file a lien against the benefited property for all costs incurred by the city, including experts’ fees, attorneys’ fees and overhead reasonably incurred by the city; if such lien is not paid within 30 days thereafter the city may enforce the same in the manner of mechanics’ liens; or
B. Cause an action to be commenced in the superior court requesting an order by the court directing the responsible parties to perform the work necessary to correct the infraction. In such event, the court may award to the city a judgment for all costs incurred by the city due to such infraction, temporary or permanent repairs, plus attorney’s fees reasonably incurred in bringing such action;
C. Provided, whenever the alleged infraction is a failure to construct, reconstruct, or repair an improvement within the definition of RCW 35.68.010, the department of public works shall inform the city council of such alleged infraction in order to institute action pursuant to Chapter 35.68 RCW. (Ord. 1197 § 1, 1981)