Enforcement

Building Tune-Ups are required for commercial buildings 50,000 square feet (sf) or larger, excluding parking. See the Tune-Up schedule below for deadlines by building size range.

Failure to submit a Building Tune-Up Summary Report (including the building assessment and completion of all required corrective actions) will result in a Notice of Violation (NOV) with assessed penalties. Penalties will be assessed starting 180 days (six months) after the building's compliance deadline. If a building owner does not meet the Tune-Up requirements within 360 days (one year) of the original compliance deadline, a substantial second fine will be assessed. Penalties for failure to comply per SMC 22.930.120 are based on building size.

For more information on penalties, see OSE Director's Rule 2016-01.

Notice of Violation

A Notice of Violation (NOV) is a legal document that a building owner must respond to within thirty (30) calendar days from the date served. To respond to a NOV, a building owner may pay the penalty, or submit an appeal requesting mitigation of the penalty. Failure to respond within thirty (30) calendar days will result in entry of an order that the building owner committed the violation and is responsible for the penalties.

Appealing a Notice of Violation

A Notice of Violation (NOV) may be appealed. All appeals will be reviewed through the Office of Sustainability and Environment (OSE) Administrative Review process by the OSE Director.

Administrative review appeals must be submitted through the Seattle Services Portal within thirty (30) calendar days from the date the violation was served.  To submit an Appeal via the Seattle Services Portal, you will be required to enter a building claim code that has been issued to the owner of record. Claim codes ensure the data collected is only visible to those who are authorized to access the Appeal and Building Tune-Up details. If you need help accessing your claim code, please email us at BuildingTuneUps@seattle.gov.

The following should be included when appealing a Notice of Violation:

• Reason(s) the Building Tune-Up assessment and required corrective actions have not been implemented and verified.
• Evidence you are actively working to comply with the Tune-Up requirement-such as copies of contracts with a hired Tune-Up Specialist, project schedules, copies of work orders with vendors for pending work, etc.
• The timeframe the Tune-Up work is projected to be complete.  

Penalty Payment

A check or money order payable in U.S. funds to the City of Seattle can be mailed to:

Seattle Department of Finance and Administrative Services
Re: Tune-Up Penalty Payment, Treasury Department

PO Box 34214
Seattle, WA 98124-4214  

Payment can also be made in person at the Seattle Municipal Tower, 700 5th Ave., Lobby Payment & Information Desk (4th Floor), Seattle, WA.

*Payments must include the violation number. Partial payments or payments in cash will not be accepted.

OSE Administrative Review Process

The OSE Director has the authority to mitigate fines through the Administrative Review Process. The Admin Review Process is an internal review only; appellants do not appear in person for Administrative Review.  The OSE Director will review the basis for issuing the violation, the appeal, and any supporting documentation submitted. During the review, the OSE Director may request clarification of the information received.

The OSE Director will issue an Administrative Review Decision to the building owner of record typically within 45 days of the submitted appeal. All decisions will be issued via the Seattle Services Portal. The decision is final and can either be paid or appealed to the Hearing Examiner. More information here on how to check your appeal status in Seattle Services Portal.  

How to Appeal an OSE Administrative Review Decision

Following OSE's Administrative Review, the appellant has the right to appeal the Administrative Review Decision to the Hearing Examiner according to SMC Sections 22.930.160 and 22.930.170. Appellants must request in writing a mitigation hearing to explain the circumstances surrounding the commission of the violation and provide a mailing address to which notice of such hearing may be sent; or request in writing a contested hearing and specify the reason why the cited violation did not occur or why the person cited is not responsible for the violation, and provide a mailing address to which notice of such hearing may be sent.

Administrative Review Appeals must be received by the Hearing Examiner within fifteen (15) calendar days from the decision issued date. Any mailed response must be in the Office of the Hearing Examiner by 5:00 p.m. on the day the response is due. Visit www.seattle.gov/examiner to learn more.

Questions?

For additional questions regarding Building Tune-Up enforcement, please contact:

Ashley McCulley
(206) 684-3139
Email: buildingtuneups@seattle.gov

Please use the following Email Subject Line:
Your Building's Name: Notice of Violation