Benchmarking Violation Appeal Form - 2024 Reporting Year

Instructions

A Notice of Violation (NOV) may be appealed to request fine mitigation. All appeals will be reviewed through the Seattle Office of Sustainability and Environment's administrative review process. You must respond to a Notice of Violation within thirty (30) calendar days from the date the violation was issued (9/15/2025) or date the violation was delivered via certified mail. Failure to respond within thirty (30) calendar days will result in entry of an order that you committed the violation and are responsible for the penalties. An appeal response must be received by 5:00 p.m. on the day the response is due.

If you are submitting an appeal, use the form below and complete all required questions. It is incumbent upon the appellant to provide clear rationale and supporting documentation that merits fine mitigation. The Director of The Seattle Office of Sustainability and Environment (OSE) will review the basis for issuing the Notice of Violation and the reasons for the appeal. During administrative review of the appeal, the Director will consider if the building has become compliant since the NOV was issued, and if any action or progress has been made to correct the violation.

Complete mitigation of fines will be provided to building owners who submit an appeal and meet at least one of the following criteria:

- Building owner completes benchmarking report and is compliant for 2024 reporting year within 30 days of receiving Notice of Violation.

- Building owner can demonstrate utilities (Puget Sound Energy, Seattle City Light, CenTrio) have been unable to provide the owner complete 2024 energy consumption data due to technical difficulties.

- Building owner can demonstrate tenant has refused to provide utility data or grant data exchange authorization to provide the owner complete 2024 energy consumption data.

To support your appeal request, upload supporting documentation below.

If you have questions or need assistance please email energybenchmarking@seattle.gov.

Appeals will not be accepted after the online submission closes.

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* 1. Violation Number: (Found on the NOV. Example: EB.NOV.2024.12345)

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* 2. Fine Amount:

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* 3. Seattle OSE Building ID:

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* 4. Building Address:

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* 5. Building Name:

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* 6. Legal Building Owner - Name:

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* 7. Legal Building Owner - Phone Number:

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* 8. Legal Building Owner - Email:

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* 9. I am in receipt of a benchmarking Notice of Violation (NOV) for failure to comply with SMC 22.920. I am requesting an appeal of this violation through Seattle Office of Sustainability and Environment’s Administrative Review process.

Date NOV Received

Date

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* 10. Please explain the reason for your appeal in a narrative summary below and select any of the following factors that contributed to your non-compliant status.

Building is less than 20,000 SF (excluding parking) and not subject to SMC 22.920. This must be confirmed through King County Assessors' records of gross (not net) square footage.

The building was completely vacant for 12 months of the required reporting year.

Building recently changed ownership or management resulting in benchmarking non-compliance for reporting year 2024.

I encountered technical challenges and was unable to obtain complete 2024 energy consumption data from either Puget Sound Energy (PSE), Seattle City Light (SCL) or CenTrio.

Appeal narrative summary: rational for appeal and non-compliant status.

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* 11. Have you worked with benchmarking help staff for technical assistance to complete the benchmarking process?

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* 12. Have you attended a 1:1 virtual help session with benchmarking help desk staff?

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* 13. Have you brought your building, referenced above, into compliance since 9/4/2024? (Compliance must be confirmed and checked via the Seattle Energy Benchmarking Compliance Portal: (Seattle Energy Benchmarking 2024 Compliance Portal | Tableau Public)
Buildings owners that submit an appeal and are compliant within 30 days of receiving the Notice of Violation will receive full mitigation of the assessed penalty.

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* 14. By checking the box below, I, the representative of the building affirm and attest to the accuracy, truthfulness and completeness of the statements of material fact provided in this form. I understand these statements are subject to verification. Please note, if you are appealing on behalf of the owner, the violation, appeal decision, and fine will remain issued to the building owner.

Pursuant to RCW 9A.72.085, I certify under penalty of perjury under the laws of the State of Washington that the foregoing is true and correct. By clicking this box, I intend to submit my signature.

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* 15. Appellant Name:

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* 16. Appellant Phone:

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* 17. Appellant Email:

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* 18. Upload supporting documentation to substantiate your appeal.

Please upload any supporting documentation you would like to include to substantiate your appeal:

PDF, DOC, DOCX, PNG, JPG, JPEG, GIF file types only.

Choose File

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* 19. Date Appeal Submitted:

Date / Time

Date

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