Mountlake Terrace staff report stepped-up code enforcement, restart rental-inspection program

Laura Stephenson, Mountlake Terrace code compliance officer, told the Planning Commission on Jan. 27 that she inherited a backlog when code enforcement moved from the police department to Community and Economic Development and that staff have intensified enforcement efforts.

"As of May, there was a backlog of 97 open cases," Stephenson said. "From May through December, I opened 106 additional cases, closing 60 from the backlog and 43 of the new cases. So in total, I worked 203 cases and closed a 103." She added that "almost all corrections are made voluntarily."

The presentation and ensuing discussion focused on three linked areas: the types and volumes of violations, how the city processes violations from notice to abatement, and the city’s renewed rental business license and inspection program. Stephenson said more than half the city's cases are building-code violations—often missing permits tied to flips, additions and accessory units—and that nuisance and unsafe-condition cases (overgrown vegetation, exposed wiring, tenants in sheds, raw sewage) are prioritized.

Stephenson outlined the city's enforcement steps: pre-enforcement notices, voluntary compliance agreements (VCA), Notices of Violation (NOV) that can be appealed to the hearing examiner within 14 days, and final notices that can lead to assessments, abatements or litigation. "I am not all powerful," she said, describing the appeal and hearing-examiner process.

City staff described recent outcomes: seven code cases have proceeded to Superior Court (one decided in the city's favor and six still pending); four assessments were issued for unpaid fines (three of those prompted property owners to act before appeals); and several properties required abatements coordinated with police and contractors.

Commissioners and staff discussed specific problem properties shown in the presentation, including a vacant commercial building (the "Red Onion") and nearby structures that received demolition permits but still need foundation removal to satisfy the permit. Stephenson said some properties required court orders before the city could abate conditions and showed before-and-after photos of junk removal.

On rental licensing, Shannon, who manages business and rental licenses for the city, reported 81 rental-business-license applications either processed or in process and staff estimated "let's say 90 total" including those in progress. Commissioners questioned that count; one commissioner said a back-of-envelope estimate would be "at least 200" rentals. Stephenson said many property owners were unaware of the licensing requirement and that most owners comply after being notified.

Staff told the commission they planned code amendments to clarify fee structures and timeframes, including proposals to cap fees and to adopt a tiered fine structure that imposes larger penalties on life-safety violations (for example, raw sewage or inhabited unsafe structures) while keeping nuisance fines smaller. Staff said they will present proposed ordinance language to the City Council for consideration.

City attorneys and staff emphasized the intent to avoid displacing tenants without alternatives and said social-service contacts are being collected to help people who may be displaced during abatements. The city attorney (Hillary Evans) and the city manager’s designee for appeals (Christy Osborne) were named as participants in appeals and enforcement steps.

Commissioners pressed staff about capacity, timelines and equity in assessing fines. Stephenson and other CED staff acknowledged a backlog of long-open cases and said part of the program change is to improve follow-through so violations do not linger. Staff said they will pursue attorney fees and summary judgment where appropriate in Superior Court cases.

The presentation concluded with staff saying they will return with draft code amendments and additional data on rental-license numbers. "We're going to follow through," the Community and Economic Development director said during the discussion, describing a renewed enforcement approach that emphasizes compliance and litigation where necessary.

Less critical details included staff remarks about enforcement tools the city does not currently use (for example, staff said Mountlake Terrace is not using drones for code compliance) and that most enforcement complaints begin with neighbors, online listings, or observations by inspectors rather than proactive remote surveillance.

Ending: Commissioners thanked staff for the presentation and requested follow-up material, including updated counts of rental licenses and the draft code amendments on fees and timelines for future meetings.