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Title 19
HEALTH AND GENERAL WELFAREChapters:
19.05 Prohibiting Smoking on Clallam County Property
19.10 Motor Vehicle Racing Events
19.20 Littering
19.30 Comprehensive Solid Waste Management Plan
19.40 Creation of a 911 Addressing System
19.50 Lake Dawn Management District No. 1
19.60 Junk Vehicle Public Nuisance
Chapter 19.05
PROHIBITING SMOKING ON CLALLAM COUNTY PROPERTYSections:
19.05.010 Purpose.
19.05.020 Legislative findings.
19.05.030 Definitions.
19.05.040 Smoking prohibited.
19.05.050 Exceptions.
19.05.060 Designated smoking areas.
19.05.070 Duties.
19.05.080 Penalties and enforcement – Fines.
19.05.090 Private actions.
19.05.100 Liberal construction.
19.05.110 Severability.
19.05.120 Effective date.
SOURCE: ADOPTED:
Ord. No. 761, 2004 10/19/04
19.05.010 Purpose.
This chapter provides for the protection of the health, safety, and welfare of the public by reducing the potential of exposure to the effects of environmental tobacco smoke.
19.05.020 Legislative findings.
The Clallam County Board of Commissioners finds that:
(1) Extensive medical and scientific research confirms that environmental tobacco smoke is harmful to smokers and nonsmokers alike, causing eye, nose, and throat irritation; aggravating lung and heart diseases, including emphysema; and is linked to various types of cancer.
(2) Additional medical and scientific research concludes that carbon monoxide levels in rooms and vehicles where smoking occurs often exceeds maximum permissible safety levels and that other hazardous compounds are released into the environment by tobacco smoke, including but not limited to: tar, nicotine, cadmium, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide, and arsenic.
(3) Health research further shows that smoking in the workplace causes loss in employee morale and productivity, increases in employee accident rates and absenteeism, increases in employer medical costs, greater threats of fire damage, and other detrimental impacts to both public and private property.
(4) The Washington State Legislature has recognized the increasing evidence posed by environmental tobacco smoke in the workplace and has therefore enacted the Washington Clean Indoor Air Act, codified at Chapter 70.160 RCW.
(5) It is necessary to create designated smoking locations in order to protect County employees and the public from the health and property hazards created by tobacco smoke and limit the litter associated with smoking debris.
(6) Under the State Department of Labor and Industries’ Environmental Tobacco Smoke regulation, WAC 296-800-24010, the County must minimize the amount of environmental tobacco smoke that enters its office buildings.
19.05.030 Definitions.
As used in this chapter, the following terms have the meanings indicated:
(1) “County personnel” means all persons employed by Clallam County, including any elected or appointed official or department head of Clallam County.
(2) “County workplace” means any County-owned and/or -operated building, any County-owned and/or -operated property, or in a County-owned and/or -operated vehicle.
(3) “Environmental tobacco smoke” means a mixture of smoke emitted from burning tobacco products and smoke exhaled by a smoker.
(4) “Public business” means any activity, service, work or function done by, on behalf of, or under the authority of Clallam County by County personnel.
(5) “Smoke” or “smoking” means the carrying, inhaling, or exhaling of smoke from any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment, implement, apparatus, or item.
(6) “Smoking debris” means, but is not limited to, cigarette or cigar butts, cigarette paper or product packaging, tobacco, smoke, ash, or any other residue resulting from smoking.
19.05.040 Smoking prohibited.
No person shall smoke within or upon a County workplace, except in designated areas authorized by the Board of Clallam County Commissioners.
19.05.050 Exceptions.
The restriction in CCC 19.05.040 shall not apply to the following:
(1) Private living quarters let by Clallam County.
(2) Privately owned vehicles parked or operated at a County workplace.
(3) Lands designated and operated as County parks, trails, or roads.
(4) County fairgrounds, except those areas established by the Fair Board as “Smoke Free Zones.”
(5) Undeveloped, County-owned land.
19.05.060 Designated smoking areas.
The following are designated as authorized smoking areas and are in addition to the exemptions listed in CCC 19.05.050:
(1) Juvenile and Family Services Facility. The designated employee smoking area shall be the area as identified and signed under the overhang outside of the building and located on the north side of the facility just east of the generator room. The designated public smoking area shall be the area as identified and signed located approximately sixty-five (65) feet to the northeast of the main entrance to the administrative offices.
(2) Criminal Investigations Bureau Facility. The designated smoking area shall be the area as identified and signed located outside of the building to the south of the west pod.
(3) County Road and ERR Maintenance Yards and Gravel Pits. The designated smoking areas shall be established as outdoor locations located no closer than fifty (50) feet from any main door entrance to any building and at least twenty-five (25) feet away from any nonsmoking staff or public. Designated covered smoking areas for use during inclement weather shall be equipment sheds when not occupied by other nonsmoking staff.
(4) Courthouse Complex. The designated smoking area for employees and public use shall be the area as identified and signed located within the entire triangular landscaped portion of the east courthouse parking lot, which includes a covered shelter at the southwesternmost corner.
19.05.070 Duties.
(1) Department heads, elected officials or other supervisors shall notify all employees of their respective departments about the subject of this chapter immediately following its adoption.
(2) Notice of this chapter shall be posted near entrances to County workplaces and at driveway entrances of the Clallam County Courthouse, Juvenile and Family Services, and Road Shop locations.
(3) Department heads and elected officials having control or supervision of a County workplace shall make every reasonable effort to ensure compliance with this chapter, including but not limited to posting signs as appropriate under this chapter, and advising the public or County personnel that smoking in a County workplace is prohibited.
19.05.080 Penalties and enforcement – Fines.
(1) Any person violating this chapter by smoking in a County workplace shall pay a civil fine of $65 for the first offense. Subsequent offenses shall increase by $40 increments.
(2) At the discretion of Clallam County District Court, a person who violates this chapter may complete a smoking cessation program in lieu of paying a fine.
(3) Local law enforcement shall enforce this chapter by issuing a notice of infraction and citing this chapter. Such notice of infraction shall be made upon the same forms as for nontraffic infractions.
(4) Any violation of this chapter for which a notice of infraction is issued shall be disposed of in the same manner as provided for traffic infractions under Chapter 7.80 RCW.
(5) All fines or forfeitures collected upon enforcement of this chapter shall be paid to Clallam County or applicable jurisdiction. If appropriate, the maximum allowable percentage shall be paid to Clallam County Health and Human Services’ Tobacco Prevention and Control Program.
(6) Clallam County may adopt policies to enforce this chapter.
19.05.090 Private actions.
(1) This chapter shall not be construed to prohibit private persons or organizations from bringing an action to enjoin violations of this chapter, nor shall it be construed to limit other actions in any way.
(2) In undertaking enforcement of this chapter, Clallam County is assuming and undertaking only to promote the general welfare. Clallam County is not assuming, nor is it imposing on County personnel, an obligation for breach of which the County or its personnel are liable in monetary damages.
19.05.100 Liberal construction.
This chapter is remedial in nature and shall be liberally construed to give full effect to the objectives and purposes for which it was enacted.
19.05.110 Severability.
If any provision of this chapter or its application to any person or circumstance is held invalid or unconstitutional, the remainder of the chapter or its application to other persons or circumstances shall not be affected.
19.05.120 Effective date.
This chapter shall take effect sixty (60) days after adoption by the Clallam County Board of Commissioners.
Chapter 19.10
MOTOR VEHICLE RACING EVENTSSections:
19.10.010 Purpose.
19.10.020 Definitions.
19.10.030 Racing events permitted.
19.10.040 Violations.
19.10.050 Severability.
SOURCE: ADOPTED:
Ord. No. 507, 1993 04/01/93
19.10.010 Purpose.
The Board of County Commissioners finds that the peace and quiet enjoyment of the citizens of Clallam County are being disrupted by recreation and entertainment involving motor vehicles and further finds that the noise generated by recreation and entertainment such as, for example, automobile and motorcycle racing during the morning, late evening, and nighttime hours is inimical to the health and general welfare of the young, the elderly, the working population, and those seeking quiet repose. The Board further finds that the interests of the citizenry and the interests of the operators, participants, and spectators of the motor vehicle events can be balanced by the adoption of an ordinance regulating the hours of operation.
19.10.020 Definitions.
(1) “Motor vehicle” means any multiwheeled equipment, excluding trains and aircraft, used primarily for transportation of persons or goods.
(2) “Racing event” means the use of a motor vehicle in a competition against the clock or other motor vehicles or the use of a motor vehicle on a track or course designed for the use of motor vehicles for economic or recreational purposes. The term shall also include, but not be limited to, warm-up laps and engine tuning and the use of sound-generating equipment auxiliary to the racing event such as a public address system. Events such as road rallies conducted on roads held by public entities are excluded from this definition.
(3) “Track” or “course” means a facility designed for the use of motor vehicles for economic or recreational purposes and which is owned or operated for profit or by a not-for-profit corporation or association.
19.10.030 Racing events permitted.
Racing events are permitted on the following days during the hours specified:
(1) Sunday through Thursday: 9:00 a.m. until 8:00 p.m.
(2) Friday and Saturday: 9:00 a.m. until 11:00 p.m.
19.10.040 Violations.
Any person violating the hours of operation permitted herein shall be guilty of a misdemeanor and shall be punished by imprisonment for up to ninety (90) days or fine up to $1,000 or by both fine and imprisonment.
19.10.050 Severability.
If any section, sentence, clause or provision of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such holding shall not affect the validity or constitutionality of any other section, sentence, clause or provision of this chapter.
Chapter 19.20
LITTERINGSections:
19.20.010 General provisions.
19.20.020 Debris escaping from vehicle.
19.20.030 Ownership – Prima facie evidence.
19.20.050 Civil infraction.
19.20.055 Enforcement.
19.20.060 Effective date.
SOURCE: ADOPTED:
Ord. No. 13, 1964 02/05/64
AMENDED SOURCE: ADOPTED:
Ord. No. 425, 1991 05/28/91
19.20.010 General provisions.
No person shall throw garbage, debris, bottles or any other waste material from any vehicle or otherwise deposit upon any public property or upon private property not owned by him, except at duly designated dumping places as set out and so marked and authorized by the Commissioners of this County or otherwise permitted by the owners of private property or by constituted public authority. “Property” as used herein shall include fresh and salt water bodies.
19.20.020 Debris escaping from vehicle.
No vehicle shall be driven or moved on any public highways situated in Clallam County unless such vehicle is so constructed or loaded as to prevent any of its load from dropping, sifting, leaking, or otherwise escaping therefrom, except that sand may be dropped for the purpose of securing traction, or water may be sprayed on roadways in the cleaning and maintaining of such roadways by public authority having such jurisdiction. Any person owning or operating a vehicle from which any objects have fallen or escaped shall immediately and in a safe manner cause the said highway to be cleaned of all such objects.
19.20.030 Ownership – Prima facie evidence.
The location of any garbage, bottles, debris, or waste material found upon any public property or upon private property not owned by the person identified as the owner of the garbage, bottles, debris or waste material, except as provided in CCC 19.20.010 or the location of objects upon any public highways situated in Clallam County shall be considered prima facie evidence of its having been illegally deposited upon said public or private property or public highway by the said identified owner thereof.
19.20.050 Civil infraction.
Any person, firm, or corporation violating any of the provisions of this chapter shall be deemed to have committed a civil infraction and shall be assessed a civil penalty in the amount of $250 and may further be penalized by the court as set forth in Chapter 7.80 RCW et seq., as now or hereafter amended.
19.20.055 Enforcement.
All law enforcement officers and the county litter control officer are authorized to issue notices of civil infraction; provided, that the procedure to be used for enforcement shall be that set forth in Chapter 7.80 et seq., as now or hereafter amended.
19.20.060 Effective date.
This chapter shall take effect and be in force from and after its passage, the welfare of the County of Clallam requiring such action.
Chapter 19.30
COMPREHENSIVE SOLID WASTE MANAGEMENT PLANSections:
19.30.010 Adoption of plan.
19.30.020 Maintenance of plan and updates.
19.30.030 Severability.
19.30.040 Effective date.
SOURCE: ADOPTED:
Ord. No. 699, 2000 11/07/00
19.30.010 Adoption of plan.
The March 2000 Clallam County Comprehensive Solid Waste Management Plan prepared by the Clallam County Solid Waste Advisory Committee is hereby adopted and incorporated by reference as the solid waste management plan for Clallam County.
19.30.020 Maintenance of plan and updates.
A copy of the plan as now and as may be hereafter amended shall be maintained on file at the office of the Clallam County Auditor and available for public inspection.
19.30.030 Severability.
If any section or portion of the plan is for any reason held to be invalid or unconstitutional by any administrative board or court of competent jurisdiction, such section or portion shall be deemed a separate provision of the plan and such holding shall not affect the validity of the remaining portion of the plan.
19.30.040 Effective date.
This chapter shall take effect ten (10) days after adoption.
Chapter 19.40
CREATION OF A 911 ADDRESSING SYSTEMSections:
19.40.010 Purpose.
19.40.020 Definitions.
19.40.030 Rural addresses.
19.40.040 Urban addresses.
19.40.050 Transition between urban and rural addressing.
19.40.060 Signing.
19.40.070 Private road names.
19.40.080 Implementation responsibilities.
19.40.090 Transition issues.
19.40.100 Information provisions.
19.40.110 Immunity.
19.40.120 Severability.
SOURCE: ADOPTED:
Ord. No. 409, 1991 01/08/91
AMENDED SOURCE: ADOPTED:
Ord. No. 505, 1993 03/23/93
19.40.010 Purpose.
The purpose of this chapter is to establish a uniform system for addressing properties and structures in unincorporated Clallam County as a component of the 911 emergency response system. This chapter will enable implementation of that system until a permanent 911 addressing ordinance is adopted.
19.40.020 Definitions.
The following terms when used in this chapter have the following meanings:
(1) “Rural addressing system” means the type of addressing system in which addresses are determined based on their distance from the origin of the road.
(2) “Urban addressing system” means the type of addressing system in which addresses are determined by rectangular coordinates from established base lines.
(3) “Urban address grid” means an area addressed with an urban addressing system.
(4) “Urban grid boundary” means the perimeter of an area addressed using an urban addressing system, outside of which rural addressing is used.
(5) “Primary access” means the driveway or other access to a given site most likely to be recognized and used, especially by emergency service providers.
(6) Address Road. For each addressed site, the “address road” will be the road on which the primary access for that site originates.
(7) Road Origin. For the purpose of address determination measurements, each public and private road shall have an “origin” designated in accordance with CCC 19.40.030(1)(c).
(8) “False origin” refers to the addition of a fixed distance to all measurements made on a given road, as if that road originated at a different point. It may be used adjacent to an urban address grid such that a road which does not originate at the grid baseline will be projected back to the baseline and measured as if it did originate at the baseline. The purpose of using a false origin will be to prevent address number conflicts around an urban address grid.
(9) “Permanent milepost” means a sign placed along a road showing the distance in miles from that road’s origin to the milepost. Except as indicators of a road origin, mileposts will generally be placed precisely at one mile intervals from the road origin to the end of the road.
(10) “Address distance” means the distance, for address purposes, from the designated origin (or false origin) of the road. Once defined, this distance will not change, even if the actual distance changes due to road alignment changes.
(11) “Private road” means any road other than County roads or Federal or State routes.
19.40.030 Rural addresses.
(1) Roads.
(a) Road Names. All private and County roads shall be provided with names and identified in the County road index or private road register. A single route will not change names without a good reason. For example, a private road extending from the end of a dead-end County road will retain the same name as the County road, and a single road making a turn that will not later become an intersection will not change names at the turn.
The County shall strive to avoid duplication of road names.
Any road, public or private, serving multiple addresses in such a number or such a configuration that all addresses on said road cannot be adequately addressed as a multiple access driveway, as specified in subsection (2)(a)(ii)(B) of this section, shall be named and addressed with that road name.
Roads or driveways with six (6) or more existing or potential addresses must be named, except as provided for below. Roads or driveways with five (5) existing or potential addresses may be named if a majority of the abutting property owners so choose. Roads or driveways serving fewer than five (5) existing or potential addresses may be named and addressed as private roads if there are unique conditions that prevent the normal method of addressing on a shared driveway from functioning adequately in that situation.
In determining the need for a private road name, undeveloped lots may be excluded from consideration only if those served by the driveway so choose, recognizing that if the number or placement of new addresses changes in a way that cannot meet the above requirement, the driveway must then be named as a private road, and all addresses served by it addressed from that road.
(b) Road Type. Every road name will include the road type designator, such as “Road, Street, Avenue, Lane, Drive, etc.” following the road name, except numbered highways, which may include the designator before the highway number.
(c) Road Origin.
(i) Each road will have a designated origin. Generally, a road’s origin will be the beginning point of the road as accessed from another road, from major to minor roads, and from proximity to US 101, SR 112, and the nearest city or town. These road origins shall be established by the Clallam County Department of Community Development.
(ii) An exception to the above may occur adjacent to an urban address grid. If a road crosses the grid boundary, it may be given a false origin, such that address numbers or ranges of numbers are not duplicated anywhere on that road.
(iii) The precise point of origin for address measurement along a road will be the centerline of the intersecting road or highway. If the road does not originate at an intersection, a milepost type marker will be installed to precisely identify the origin. If a false origin is used, a milepost type marker will be placed where the road actually begins showing the address distance from the false origin to that point.
(d) Use of Directional Designators. If a road extends in two (2) directions from its origin, addresses and signs for each portion will include a directional prefix (N, S, E, or W) before the name, indicating which direction that portion extends from the designated origin. There will be no other use of directional prefixes or suffixes in the rural addressing system except when the road name includes a directional reference to a geographical feature.
(2) Site Address. Each site address will consist of an address number followed by a road name. For multiunit buildings or sites, a unit number may also be used.
(a) Address Number. All address numbers will consist of at least two (2) digits.
(i) Distance from Road Origin. All digits except the final digit indicate the address distance in hundredths of miles from the origin of the address road to the primary access to the site. If road length changes for any reason, the address distance will correspond to the permanent mileposts rather than the actual distance from the road origin. The distance component of addresses on US 101 and SR 112 will correspond to the Washington State Department of Transportation mileposts.
(ii) Final Digit. The final digit will indicate on which side of the address road the site is located, and its relative distance from that road. It may also differentiate sites with driveways closer to each other than 0.01 miles.
(A) Side of Road. When proceeding in the direction of increasing numbers, the last digit will be odd if the address is located on the left side of the road; it will be even if the address is located on the right side of the road.
(B) Relative Distance from Address Road. A final digit of either 0, 1, 2, or 3 will indicate that the site is near the road with either a short driveway or no driveway, or relatively near the road on a multiple access driveway. A final digit of either 6, 7, 8, or 9 will indicate that the location is accessed by a long driveway. A final digit of 4 or 5 may be used for intermediate locations.
On multiple access driveways, the final digit of any address will not be greater than an address located beyond that address on the same driveway. If the addition or relocation of addresses makes it impossible to meet this condition, the driveway must be named and addressed as a separate road.
(C) Adjacent driveways sharing the same address distance. If adjacent driveways are closer than 0.01 mi. (52.8 ft.) and must share the same distance number, the address(es) on the driveway nearest the origin of the address road will generally have a lower final digit than the address(es) on the far driveway, wherever possible.
(b) Optional Directional Prefix. If a road extends in two (2) directions from its origin, the addresses on each portion will include a directional prefix (N, S, E, or W) before the road name, indicating which direction that portion of the road extends from the designated origin. Addresses on each portion will be based on the distance from that common origin point.
(c) Road Name. Every address will include the official or registered name of the public or private road that is the address road for that site. The road name will include the road type designator.
(d) Optional Unit Number. Any addressed site which includes multiple apartments, suites, spaces or other units, may include the appropriate unit number in the address following the road name. The owner of a multi-unit address site will be asked to supply a map or drawing locating each unit adequately for guiding emergency response. Copies of such drawings will be provided to the appropriate emergency response agencies.
19.40.040 Urban addresses.
(1) Use of Existing City Addressing Systems. Wherever practical, the existing address systems of the municipalities in Clallam County will be incorporated as components of the Clallam County 911 addressing system. Permanent boundaries will be established for the extension of each urban address grid beyond the current city limits of each municipality. Addressing within that boundary will be compatible with the municipality’s addressing system.
(2) Modification of Existing City Addressing Systems. Municipalities may be requested to make certain modifications to their addressing systems in order to insure long term compatibility between addresses inside and outside of that jurisdiction. The Director of the Clallam County Department of Community Development is authorized, on behalf of Clallam County, to develop interlocal agreements with other jurisdictions within the county which will coordinate the transition between urban and rural addressing in the applicable areas.
19.40.050 Transition between urban and rural addressing.
(1) Transition Guidelines. Wherever possible, the Clallam County 911 addressing system will adhere to the following guidelines in coordinating the transition between urban and rural addressing adjacent to municipalities.
(a) Permanent urban address grid boundaries will be established, in consultation with the municipality involved, such that there will be no possibility of duplicate address numbers on any road. Wherever possible, said boundaries will be established to include entire roads in only one system.
(b) Where a road, or the projection of a road crosses an urban grid boundary, a false origin may be established such that the range of address numbers within the urban address grid does not overlap the range of numbers outside the urban address grid.
(c) If the urban grid boundary follows a road, both sides of that portion of the road will be addressed in the same system. Either both sides of the road will use rural addressing, or both sides will use urban addressing.
(2) Interagency Coordination.
(a) Recognizing that it is in the mutual interest of all jurisdictions to prevent addressing conflicts, municipalities within Clallam County are respectfully requested to maintain compatibility with the above guidelines in the course of any future annexations, and any modification to, or implementation of their own addressing ordinances.
(b) Emergency dispatchers will be provided with address information on all roads that cross the city limits sufficient to rapidly and simply determine whether a given address is inside the city.
(c) Comment will be requested from all relevant emergency response agencies on any city-county addressing coordination policy before it is implemented.
19.40.060 Signing.
(1) Roads. All public and private roads in Clallam County which serve addressable properties or structures will be signed in accordance with the standards of the Department of Public Works. Private road signs will identify the road as private.
(2) Mileposts. Permanent mileposts will be placed on all county roads longer than one mile. These will indicate distance in miles from the designated road origin.
On each road without a readily recognizable origin, a permanent milepost will also be placed near the beginning of the road showing the address distance at that point.
Permanent mileposts will conform to the standards of the Clallam County Department of Public Works.
(3) Addresses. Each addressed site will be provided with a sign showing the address number in white reflectorized numbers on a green reflectorized background. The sign shall be posted in accordance with the standards of the Clallam County Department of Community Development. Although the sign will remain the property of Clallam County, the addressee may relocate or mount the sign in any way that is consistent with the above standards.
Where necessary, additional address signs may be provided to identify individual sites on a common driveway.
(4) Road Origin Reference Points. In order to facilitate ongoing consistency of measurements, a road origin reference point may be established near the beginning of the road. The reference point will be a fixed object, such as a road or traffic sign. The reference point will be identified in a road index, along with the address distance, in thousandths of a mile, from the road origin. The distance may also be posted on a road or traffic sign post. It will show the address distance, in thousandths of a mile, and must be readable by the driver of a vehicle proceeding onto that road.
Road origin reference points will be established in any case where use of the centerline to initiate measurement presents a significant hazard, including all roads originating from US 101 or SR 112. Road origin reference points will be established for any road whose precise point of origin is ambiguous.
19.40.070 Private road names.
(1) Registration. Private road names may be posted and used for addressing purposes only if they are registered with Clallam County. A private road name will not be registered if its similarity to an existing public or private road name is sufficient to confuse emergency response or mail delivery. Signing of an unregistered road name in such a way that emergency response may be mislead is prohibited.
A private road name will not be registered until a reasonable effort has been made to assure that there is no significant opposition to the new name, or that it is acceptable to a majority of its residents and property owners. If there is no available road name which is acceptable to a clear majority of those served by the road, the County may choose a name.
(2) Private Road Register. The Clallam County Department of Public Works shall maintain and make public a register of all public and approved private road names.
19.40.080 Implementation responsibilities.
(1) The Department of Community Development will assume the following responsibilities under this chapter:
(a) Administration of 911 addressing program;
(b) Assigning of new temporary addresses prior to measurement;
(c) Assigning of new permanent addresses upon completion of initial measurement and address calculation;
(d) Public information and referral;
(e) Creation of a permanent 911 addressing ordinance;
(f) Administering contract(s) for the following services:
(i) Coordination of re-addressing of all addressable locations in unincorporated Clallam County, including training, scheduling, and otherwise facilitating effective volunteer fieldwork;
(ii) Coordination of procurement of materials;
(iii) Preparation of private road register, including coordination of resolution of conflicts, and disputes over private road names;
(iv) Measurement to determine address numbers;
(v) Preparation of informational materials, and address assignment packages for mailing;
(vi) Creation of index of public and private roads with address of origin of each road;
(vii) Coordination with Port Angeles, Sequim, and Forks to ensure mutually acceptable and compatible addresses in the vicinities of these municipalities.
(2) The Department of Public Works will assume the following responsibilities under this chapter:
(a) Installing road signs;
(b) Measuring and installing mileposts and road origin reference points;
(c) Naming of County roads;
(d) Maintenance of road index upon termination of consultant contract;
(e) Registration of private road names upon termination of consultant contract.
(3) Other Tasks and Responsibilities. Recognizing the expressed commitment of several emergency response agencies, and the essential nature of their participation in implementation of the Clallam County 911 addressing system, the Department of Community Development or its consultant(s) may authorize volunteer organizations and their members to carry out appropriate functions under the guidelines contained in this chapter. The County will provide training, materials, and coordination for, and otherwise facilitate such participation, which may include:
(a) Physically locating each addressable site, determining its existing address, and determining the final digit of its new 911 address;
(b) Determining locations for and installing address sign posts;
(c) Installing address sign plates;
(d) Contacting residents to initiate private road naming where appropriate.
19.40.090 Transition issues.
(1) Conversion.
(a) Minimum Conversion Area. Unless agreed to by both the applicable fire district and postmaster, all addresses within a single fire station response area will be converted to the new system at one time.
(b) Simultaneous Signing and Notification. As much as possible, address sign plates will be installed at the same time as residents and occupants are notified of their new 911 addresses.
(c) Errors. A reasonable attempt will be made to identify and correct errors as soon as possible after addresses are initially assigned. Suspected errors should be brought to the attention of the Department of Community Development or its consultant(s).
(d) Permanence of Address. It is the intent of this chapter that after the effective date of an address assignment that address will not be changed again as a part of the conversion process.
(2) Road Naming during Transition. Road names requested or assigned during the transition period will be registered as soon as possible. New road names will become official on the effective date of the address assignments for that road. Road signs for newly named roads will be installed at the time of address assignment on that road.
911 addressing will not occur on newly named roads until address measurement is accomplished in the course of the overall program. Wherever possible, residents will be encouraged to use their existing addresses until address measurement is completed on the newly named road.
Where requested, temporary addresses may be assigned on a newly named road prior to determination of permanent addresses. These addresses will be identified as temporary.
(3) New Address Requests during Transition.
(a) If a new address is requested on a road for which address conversion is not yet complete, a temporary address may be assigned until that conversion is complete.
(b) If a new address is requested on a road for which 911 addresses have been assigned, a permanent address will be provided.
(4) Appeals for Variance from Ordinance Standards.
(a) Any decision by the County or its agents or consultants involving road naming or addressing may be appealed. Appeals may be submitted in writing to the Department of Community Development prior to thirty (30) days after the official notice of address change has been sent. Community Development staff will include a statement explaining the consequences of approving the appeal. The appellant will be given an opportunity to respond in writing to any staff statements included with the appeal, before it is sent out to the Review Board. A reasonable attempt will be made to resolve appeals as soon as possible after they are submitted.
(b) The Review Board will consist of representatives of all interested emergency service agencies in Clallam County, as well as agencies or organizations with ongoing responsibility to administer the addressing system. The Board will have the authority to arbitrate road naming conflicts, and to approve any exceptions to the requirements of this chapter which, in its determination, do not compromise the intent of this chapter to facilitate effective emergency response, and to uniquely identify address locations in Clallam County. Copies of the appeal will be sent to each member of the Address Appeals Board for consideration. Written responses will be compiled by the Department of Community Development. The Director of the Department of Community Development will determine whether the appeal can be granted, with or without conditions, while meeting all significant concerns identified by the Review Board. The appellant will be notified in writing of the determination.
(c) One or more public meetings of the Review Board may be held, if necessary to resolve appeals still outstanding after the above written review process. Notice of said public meetings will be published in the official County newspaper and concurrently posted in the affected area at least ten (10) days prior to the meeting. Notice shall include the date, time, place, and purpose of the meeting.
19.40.100 Information provisions.
(1) Emergency Response Agency Information.
(a) Emergency response agencies will be notified in a timely manner of all temporary or permanent addresses assigned prior to completion of the conversion process in the area involved, and all newly registered road names.
(b) Emergency response agencies will be provided with cross referenced indices of old and new road names and addresses in a timely manner following conversion.
(2) Postal Service Notification. The Postal Service will be notified in a timely manner of all newly registered road names and temporary or permanent addresses assigned by the County.
(3) Addressee Notification. Each resident or occupant will be notified in a timely manner when a 911 address is assigned or re-assigned.
(4) Public Information. Clallam County will make available to the public, for the cost of reproduction, an up-to-date list of all public road names and all registered private road names.
19.40.110 Immunity.
Clallam County shall be immune from any and all civil liability for any actions taken pursuant to this chapter, or for any failure to take action to enforce the provisions of this chapter. It is not the purpose or intent of this chapter to create on the part of Clallam County any special duties or relationships with specific individuals. This chapter has been enacted for the welfare of the public as a whole.
19.40.120 Severability.
If any provision of this chapter or its application to any person or circumstances is held invalid, the remainder of this chapter or the application of the provision to other persons or circumstances shall not be affected.
Chapter 19.50
LAKE DAWN MANAGEMENT DISTRICT NO. 1*Sections:
19.50.010 Formation of Lake Management District.
19.50.020 Improvements.
19.50.030 Costs and financing of the Project.
19.50.040 Improvements ordered.
19.50.050 Authorization of warrants, notes or bonds.
19.50.060 Effective date.
19.50.070 Severability.
SOURCE: ADOPTED:
Ord. No. 565, 1995 04/04/95
*Code reviser’s note: See also Chapter 27.03 CCC, Lake Sutherland Management District 2.
19.50.010 Formation of Lake Management District.
The Board of County Commissioners hereby establishes, pursuant to Chapter 36.61 RCW, Lake Dawn Management District No. 1. Said District shall include the territory described on the attached Attachment A. A graphic representation of the boundaries is attached hereto as Attachment B. The duration of the proposed District shall be ten (10) years or the term of any lake management district bonds that are issued.
19.50.020 Improvements.
The County shall construct within the District the improvements proposed in Resolution No. 162, 1994, to wit:
(1) Reconstructing the dam’s downstream embankments, abutments and foundation;
(2) Emergency spillway construction;
(3) Repair or replacement of the dam’s outlet works;
(4) Development of an operations and maintenance manual and updating of the emergency action plan;
(5) Correction of several minor maintenance deficiencies such as tree and brush removal, repair of animal burrows, install metal grating on drop inlet, riprap around spillway pipe, and repair hole created by fallen trees. Said plan and improvements are collectively called “the Project” herein.
19.50.030 Costs and financing of the Project.
The cost of the Project set forth in CCC 19.50.020 is estimated to be $110,000. Said Project shall be financed through the collection of special assessments in the estimated amount of $110,000. The final amount of said costs and expenses of undertaking said Project will be determined after the Project has been completed. The property owners’ share of the costs and expenses shall be assessed against each lot, tract, or parcel of property within the boundary of the District. (The estimated special assessments will be approximately $3,056 for those parcels with a zone factor of 1 and approximately $1,528 for those parcels with a zone factor of .5. Zone factors are shown on Attachment C attached hereto.
The final amount of the assessment against each lot, tract, or parcel of property within the District shall be dependent upon the final total costs and expenses incurred in accomplishing the Project, but the total special assessments shall not exceed 150 percent unless said resolution is amended pursuant to RCW 36.61.170, and any special assessment on any lot, tract, or parcel of property shall not exceed 110 percent of the estimated special assessment amounts set forth above, except as provided in RCW 36.61.115.
Such special assessments may be paid, at the option of the owner, in full without interest or penalty within thirty (30) days of the date of publication of the first notice of confirmation of the special assessment roll, or in equal annual installments, together with interest on the diminishing principal at a rate which is one-half of one percent higher than the net effective interest rate on bonds which may be sold to pay the costs of improvements within the District per annum plus a penalty of ten (10) percent on the principal amount and accrued interest of any delinquent installment. Such installments shall be deemed delinquent if unpaid twenty-one (21) days after their due date. The special assessments shall be paid in ten (10) annual installments but the last installment shall be due at least two (2) years before the maximum tern of the bonds issued to pay for the improvements or maintenance.
The amount of final assessment, together with interest and provisions for penalty, shall, upon confirmation of the assessment roll by the Board, become a lien upon each lot, tract, or parcel of property within the District from the time said assessment roll is placed within the hands of the County Treasurer for collection, except as otherwise provided in RCW 36.61.230.
19.50.040 Improvements ordered.
The County Road Engineer is hereby authorized and directed to contract with the necessary parties for the design and construction of the Project. When the Project has been completed and all costs and expenses are known or can be predicted with reasonable accuracy, said Engineer is further authorized and directed to prepare and file with the Clerk of the County a final assessment roll setting forth that portion of the total costs and expenses of the Project to be assessed against each lot, tract or parcel of property within the District.
19.50.050 Authorization of warrants, notes or bonds.
Pending the issuance of lake management district bonds, the County may, for the purpose of meeting any and all costs and expenses of constructing the Project for which funds are not otherwise available, as the same are installed prior to the sale of the bonds, issue interim financing warrants against any Lake Dawn Management District fund created by the Board of County Commissioners, or issue lake management district bond anticipation notes pursuant to Chapter 39.50 RCW, bearing interest at such rate or rates and with such terms as may hereafter be established by the Board by resolution. Such warrants or notes shall be issued in an aggregate principal amount not in excess of the cost and expense of the improvements, and shall be redeemed and retired from the proceeds of the sale of lake management district bonds or prepayment of assessments.
Following confirmation of the assessment roll by the Board and expiration of the thirty (30) day period for payment of assessments without penalty or interest, the Board may authorize the issuance of said lake management district bonds sufficient in amount to redeem and retire all the then outstanding warrants drawn against any Lake Dawn Management District funds created by the Board of County Commissioners or any outstanding bond anticipation notes, together with the interest due on such interim warrants or notes to the date of delivery of the bonds, and to pay all other unpaid costs and expenses of accomplishing the Project, including administrative, engineering, legal and operational costs, and including the cost of creating the District and of funding any guaranty fund created by the Board of County Commissioners, all as provided by RCW 36.61.020.
19.50.060 Effective date.
This chapter shall take effect ten (10) days after adoption.
19.50.070 Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of the chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter, it being hereby expressly declared that this chapter and each section, subsection, paragraph, sentence, clause, and phrase thereof would have been adopted irrespective of the fact that any one or more other sections, subsections, paragraph, sentences, clauses, or phrases be declared invalid or unconstitutional.
Attachment A
All of Lake Dawn Mountain Park as recorded in Volume 4 of Plats, page 45 records of Clallam County, Washington; all of First Addition to Lake Dawn Mountain Park as recorded in Volume 5 of Plats, page 71 records of Clallam County, Washington; all of Second Addition Lake Dawn Mountain Park as recorded in Volume 7 of Plats, page 1 records of Clallam County, Washington and that portion of Homestead Entry Survey 231 lying in the Northeast quarter of the Northeast quarter of Section 3, Township 29 North, Range 6 West, W.M., except parcels number 062903110130 and 062903110140 (Olympic National Park property), situated in Clallam County, State of Washington.
The property described as that portion of Homestead Entry Survey 231 lying in the Northeast quarter of the Northeast quarter of Section 3, Township 29 North, Range 6 West, W.M., is more particularly described as follows:
Parcel A:
That portion of Tract B of Homestead Entry Survey No. 231 within Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at the Southeast corner of Lot 35, Lake Dawn Mountain Park, as recorded in Volume 4 of Plats, page 45; thence South 10 degrees 23'00" East 70.0 feet to the true point of beginning; thence continuing South 10 degrees 23'00" East 38.1 feet; thence South 87 degrees 48'05" West 207.6 feet to a point South 3 degrees 48'00" West 50 feet from the Southwest corner of said Lot 35; thence North 77 degrees 14'45" East 205.7 feet to the true point of beginning.Parcel B:
That portion of Homestead Entry Survey No. 231, within Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at the Southwest corner of Lot 35 of Lake Dawn Mountain Park, as recorded in Volume 4 of Plats, page 45; thence South 2 degrees West a distance of 50 feet; thence Easterly in a straight line to a point which bears South 12 degrees 11' East 70 feet from the Southeast corner of said Lot 35 of Lake Dawn Mountain Park; thence North 12 degrees 11' West a distance of 70 feet to the Southeast corner of said Lot 35, thence Southwesterly along the Southerly line of said Lot 35 of Lake Dawn Mountain Park to the point of beginning.The west half of the following described property: That portion of the west half of the southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence north 89 degrees 21' East 90.96 feet to the point of beginning; thence continuing north 89 degrees 21' East 140 feet; thence south 0 degrees 56' West 186.01 feet; thence south 89 degrees 21' West 140 feet; thence north 0 degrees 56' East 186.01 feet to the point of beginning. Together with an easement for ingress and egress across the south 30 feet of the following described property: That portion of the West half of the southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Survey No. 231; thence north 89 degrees 21' east a distance of 90.96 feet; thence south 0 degrees 56' west 186.01 feet; thence south 89 degrees 21' west to a point that is south 12 degrees 11' east from corner no. 13, which point is also on the east line of private road known as Little River Road; thence north 12 degrees 11' east 186.01 feet more or less to said corner no. 13, and the point of beginning. Situated in Clallam County, State of Washington.
That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner no. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 90.96 feet to the point of beginning; thence continuing north 89 degrees 21' East 140 feet; thence South 0 degrees 56' West 186.01 feet; thence South 89 degrees 21' West 140 feet; thence North 0 degrees 56' East 186.01 feet to the point of beginning. EXCEPT the West 70 feet thereof. Situate in Clallam County, State of Washington.
That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner no. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 230.96 feet to the true point of beginning, which point is the Northeast corner of a tract of land conveyed to Leonard S. Pattricelli, a single man, by instrument recorded under Auditor’s File No. 365948; thence continuing North 89 degrees 21' East 70 feet, more or less to the Westerly line of the tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along said line a distance of 186.01 feet; thence South 89 degrees 21' West 70 feet, more or less, to the East line of said Patricelli Tract; thence North 0 degrees 56' East along the East line of said Patricelli Tract 186.01 feet, more or less, to the true point of beginning. Situate in Clallam County, State of Washington.
That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows; Beginning at corner no. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 300.96 feet, more or less, to the Westerly line of that tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along the Westerly line of said United States of America tract 186.01 feet to the true point of beginning of this description; thence South 89 degrees 21' West 80 feet; thence South 0 degrees 56' West 100 feet, more or less, to the Northerly line of Mt. Angeles Road; thence Easterly along the Northerly line of said Mt. Angeles Road 80 feet, more or less, to the West line of said United States of America tract; thence North 0 degrees 56' East along the West line of said United States of America tract 100 feet more or less, to the true point of beginning. Situate in Clallam County, State of Washington.
That portion of the West half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 300.96 feet, more or less, to the Westerly line of the tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along said line a distance of 186.01 feet; thence South 89 degrees 21' West 80 feet to the true point of beginning; thence South 0 degrees 56' West 100 feet; more or less, to the Northerly line of Mt. Angeles Road; thence Westerly along the Northerly line of said road 110 feet, more or less, to the East line of a private road known as Little River Road; thence North 42 degrees 00' West along the Easterly line of said Little River Road 108 feet; thence North 12 degrees 11' West along the East line of said road to a point that is South 89 degrees 21' West of the point of beginning; thence North 89 degrees 21' East to the true point of beginning. Situate in Clallam County, State of Washington.
That portion of Tract B of Homestead Entry Survey No. 231, Section 3, Township 29 North, Range 6 West, W.M., described as follows: Beginning at a point that is South 3 degrees 48' West 50.00 feet from the Southwest corner of Lot 35, Lake Dawn Mountain Park; thence North 87 degrees 48'05" East 207.6 feet, more or less, to the Westerly right of way line of County Road No. 3050; thence South 10 degrees 23' East along said westerly line 110.6 feet; thence continuing along said Westerly line south 40 degrees 12' East 108.0 feet to a point on the north line of that tract obtained by the United States of America by judgment on Declaration of Taking, recorded November 9, 1949, under Auditor’s File No. 249649; thence Westerly along the North line of said United States of America tract to the northwest corner thereof; thence South along the west line of said United States of America tract to the northeast corner of that tract conveyed to E. B. Webster by deed recorded September 16, 1936, under Auditor’s File No. 170571; thence westerly and southwesterly along the northerly line of said Webster Tract to the northwest corner thereof and the northeast corner of that tract conveyed to Klahhane Club, a corporation, by deed recorded January 5, 1950, under Auditor’s File No. 250870; thence westerly along the north line of said Klahhane Club Tract to the northwest corner thereof, said northwest corner being a point on the East line of that tract conveyed to the United States of America by deed recorded September 12, 1969, under Auditor’s File No. 392200; thence North along the east line of said United States of America Tract to the shoreline of Lake Dawn; thence northerly along said shoreline to the point of beginning. Situate in Clallam County, State of Washington.
That portion of Tract B of Homestead Entry Survey No. 231, Township 29 North, Range 6 West, W.M., described as follows: Beginning at a point that is south 3 degrees 48' West 50.00 feet from the southwest corner of Lot 35, Lake Dawn Mountain Park; thence North 87 degrees 48'05" east 207.6 feet, more or less, to the westerly right of way line of County Road No. 3050; thence south 10 degrees 23' East along said westerly line 110.6 feet; thence continuing along said Westerly line south 40 degrees 12' east 108.0 feet to a point on the north line of that tract obtained by the United States of America by judgment on Declaration of Taking, recorded November 9, 1949, under Auditor’s File No. 249649; thence westerly along the north line of said United States of America Tract to the northwest corner thereof; thence south along the west line of said United States of America Tract to the northeast corner of that tract conveyed to E. B. Webster by deed recorded September 16, 1936, under Auditor’s File No. 170571; thence westerly and southwesterly along the northerly line of said Webster Tract to the northwest corner thereof and the northeast corner of that tract conveyed to Klahhane Club, a corporation by deed recorded January 5, 1950, under Auditor’s File No. 250870; thence westerly along the north line of said Klahhane Club Tract to the northwest corner thereof, said northwest corner being a point on the east line of that tract conveyed to the United States of America by deed recorded September 12, 1969, under Auditor’s File No. 392200; thence North along the east line of said United States of America Tract to the shoreline of Lake Dawn; thence northerly along said shoreline to the point of beginning. Situate in Clallam County, State of Washington.
That portion of the West half of the Southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West W.M., Clallam County, Washington, described as follows: Beginning at corner No. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East a distance of 90.96 feet; thence South 0 degrees 56' West 186.01 feet; thence South 89 degrees 21' West to a point that is South 12 degrees 11' East from corner No. 13, which point is also on the East line of private road known as Little River Road; thence North 12 degrees 11' West 186.01 feet more or less to said corner No. 13 and point of beginning. Situate in County of Clallam, State of Washington.
That portion of Government Lot 1 of Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner No. 13 of Homestead Entry Survey No. 231, in said Section 3, thence North 1 degree 11' East, a distance of 639.54 feet to corner no. 12; thence south 89 degrees 9' West, a distance of 100 feet; thence south 1 degree 11' West, a distance of 425 feet more or less to the county road; thence along the line of said county road to the point of beginning.
Beginning at the northeast corner of Section 3, Township 29 North, Range 6 West, W.M.; thence West along the North line of said Section 3, 727.66 feet to the true point of beginning; running thence South 1 degree 11' West 442 feet, more or less, to the Northerly margin of county road; thence Northwesterly along said Northerly margin 131 feet, more or less, to the Easterly boundary of First Addition to Lake Dawn Mountain Park, as per plat recorded in Volume 5 of Plats, Page 71; thence northerly along said easterly boundary of plat 356.6 feet, more or less to said north line of Section 3; thence East along said North line 100 feet, more or less, to the true point of beginning.
That portion of Homestead Entry Survey No. 231 described as follows: Beginning at Corner No. 16 of said Homestead Entry Survey No. 231, and being in the Northeast quarter of the Northeast quarter of Section 3, Township 29 North, Range 6 West of the Willamette Meridian; thence North 89 degrees 27' East 362.4 feet to the true point of beginning; thence South 89 degrees 27' West 40 feet; thence north 0 degrees 01' East 208.2 feet to the southerly line of an existing roadway; thence northeasterly along the southerly line of said roadway 50 feet more or less to a point which bears North 0 degrees 01' East 228.6 feet from the true point of beginning; thence south 0 degrees 01′ West 228.6 feet to the true point of beginning.
Attachment B
Attachment C
LAKE DAWN MANAGEMENT DISTRICT #1
PARCELS WITH ZONE FACTOR OF 11. Lot 1 and South half of Lot 2, Lake Dawn Mountain Park
2. North half of Lot 2 and Lot 3, Lake Dawn Mountain Park
3. Lots 5 and 6, Lake Dawn Mountain Park
4. Lot 7, Lake Dawn Mountain Park
5. Lots 8 and 9, Lake Dawn Mountain Park
6. Lot 10, Lake Dawn Mountain Park
7. Lots 12, 13, and 14, Lake Dawn Mountain Park
8. Lot 15 and South half of Lot 16, Lake Dawn Mountain Park
9. North half of Lot 17, and Lots 17 and 18, Lake Dawn Mountain Park
10. Lots 19 and 20, Lake Dawn Mountain Park
11. Lot 21, Lake Dawn Mountain Park
12. Lot 22, Lake Dawn Mountain Park
13. Lot 23 and part of Lot 24, Lake Dawn Mountain Park
14. Part of Lot 24 and Part of Lot 25, Lake Dawn Mountain Park
15. Part of Lot 25 and Lot 26, Lake Dawn Mountain Park
16. Part of Lot 27 and 28, Lake Dawn Mountain Park
17. Part of Lots 27-30, Lake Dawn Mountain Park
18. Part of Lots 28-30 and Lots 31 and 32, Lake Dawn Mountain Park
19. Lot 33, Lake Dawn Mountain Park
20. Lot 34, Lake Dawn Mountain Park
21. Lot 35, Lake Dawn Mountain Park
22. Parcel A: That portion of Tract B of Homestead Entry Survey No. 231 within Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at the Southeast corner of Lot 35, Lake Dawn Mountain Park, as recorded in Volume 4 of Plats, page 45; thence South 10 degrees 23'00" East 70.0 feet to the true point of beginning; thence continuing South 10 degrees 23'00" East 38.1 feet; thence South 87 degrees 48'05" West 207.6 feet to a point South 3 degrees 48'00" West 50 feet from the Southwest corner of said Lot 35; thence North 77 degrees 14'45" East 205.7 feet to the true point of beginning.
Parcel B: That portion of Homestead Entry Survey No. 231, within Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at the Southwest corner of Lot 35 of Lake Dawn Mountain Park, as recorded in Volume 4 of Plats, page 45; thence South 2 degrees West a distance of 50 feet; thence Easterly in a straight line to a point which bears South 12 degrees 11' East 70 feet from the Southeast corner of said Lot 35 of Lake Dawn Mountain Park; thence North 12 degrees 11' West a distance of 70 feet to the Southeast corner of said Lot 35, thence Southwesterly along the Southerly line of said Lot 35 of Lake Dawn Mountain Park to the point of beginning.
23. That portion of Tract B of Homestead Entry Survey No. 231, Section 3, Township 29 North, Range 6 West, W.M., described as follows: Beginning at a point that is South 3 degrees 48' West 50.00 feet from the Southwest corner of Lot 35, Lake Dawn Mountain Park; thence North 87 degrees 48'05" East 207.6 feet, more or less, to the Westerly right of way line of County Road No. 3050; thence South 10 degrees 23' East along said westerly line 110.6 feet; thence continuing along said Westerly line south 40 degrees 12' East 108.0 feet to a point on the north line of that tract obtained by the United States of America by judgment on Declaration of Taking, recorded November 9, 1949, under Auditor’s File No. 249649; thence Westerly along the North line of said United States of America tract to the northwest corner thereof; thence South along the west line of said United States of America tract to the northeast corner of that tract conveyed to E. B. Webster by deed recorded September 16, 1936, under Auditor’s File No. 170571; thence westerly and southwesterly along the northerly line of said Webster Tract to the northwest corner thereof and the northeast corner of that tract conveyed to Klahhane Club, a corporation, by deed recorded January 5, 1950, under Auditor’s File No. 250870; thence westerly along the north line of said Klahhane Club Tract to the northwest corner thereof, said northwest corner being a point on the East line of that tract conveyed to the United States of America by deed recorded September 12, 1969, under Auditor’s File No. 392200; thence North along the east line of said United States of America Tract to the shoreline of Lake Dawn; thence northerly along said shoreline to the point of beginning. Situate in Clallam County, State of Washington.
LAKE DAWN MANAGEMENT DISTRICT NO. 1
PARCELS WITH ZONE FACTOR OF .524. Lot 1, First Addition to Lake Dawn Mountain Park
25. Lot 2, First Addition to Lake Dawn Mountain Park
26. Lots 3 and 4, First Addition to Lake Dawn Mountain Park
27. Lot 5, First Addition to Lake Dawn Mountain Park
28. Lots 6 and 7, First Addition to Lake Dawn Mountain Park
29. Lot 8, First Addition to Lake Dawn Mountain Park
30. Lots 9 and 10, First Addition to Lake Dawn Mountain Park
31. Lot 11, First Addition to Lake Dawn Mountain Park
32. Lot 12, First Addition to Lake Dawn Mountain Park
33. Lot 13, First Addition to Lake Dawn Mountain Park
34. Lot 14, Second Addition to Lake Dawn Mountain Park
35. Lot 15, Second Addition to Lake Dawn Mountain Park
36. Lot 16, Second Addition to Lake Dawn Mountain Park
37. Lot 17, Second Addition to Lake Dawn Mountain Park
38. Lot 18, Second Addition to Lake Dawn Mountain Park
39. Lot 19, Second Addition to Lake Dawn Mountain Park
40. Lot 21, Second Addition to Lake Dawn Mountain Park
41. The west half of the following described property: That portion of the west half of the southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence north 89 degrees 21' East 90.96 feet to the point of beginning; thence continuing north 89 degrees 21' East 140 feet; thence south 0 degrees 56' West 186.01 feet; thence south 89 degrees 21' West 140 feet; thence north 0 degrees 56' East 186.01 feet to the point of beginning. Together with an easement for ingress and egress across the south 30 feet of the following described property: That portion of the West half of the southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Survey No. 231; thence north 89 degrees 21' east a distance of 90.96 feet; thence south 0 degrees 56' west 186.01 feet; thence south 89 degrees 21' west to a point that is south 12 degrees 11' east from corner no. 13, which point is also on the east line of private road known as Little River Road; thence north 12 degrees 11' east 186.01 feet more or less to said corner no. 13, and the point of beginning. Situate in Clallam County, State of Washington.
42. That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 90.96 feet to the point of beginning; thence continuing north 89 degrees 21' East 140 feet; thence South 0 degrees 56' West 186.01 feet; thence South 89 degrees 21' West 140 feet; thence North 0 degrees 56' East 186.01 feet to the point of beginning. EXCEPT the West 70 feet thereof. Situate in Clallam County, State of Washington.
43. That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 230.96 feet to the true point of beginning, which point is the Northeast corner of a tract of land conveyed to Leonard S. Patricelli, a single man, by instrument recorded under Auditor’s File No. 365948; thence continuing North 89 degrees 21' East 70 feet, more or less to the Westerly line of the tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along said line a distance of 186.01 feet; thence South 89 degrees 21' West 70 feet, more or less, to the East line of said Patricelli Tract; thence North 0 degrees 56' East long the East line of said Patricelli Tract 186.01 feet, more or less, to the true point of beginning. Situate in Clallam County, State of Washington.
44. That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner no. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 300.96 feet, more or less, to the Westerly line of that tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along the Westerly line of said United States of America tract 186.01 feet to the true point of beginning of this description; thence South 89 degrees 21' West 80 feet; thence South 0 degrees 56' West 100 feet, more or less, to the Northerly line of Mt. Angeles Road; thence Easterly along the Northerly line of said Mt. Angeles Road 80 feet, more or less, to the West line of said United States of America tract; thence North 0 degrees 56' East along the West line of said United States of America tract 100 feet more or less, to the true point of beginning. Situate in Clallam County, State of Washington.
45. That portion of the West Half of the Southeast Quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner number 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East 300.96 feet, more or less, to the Westerly line of the tract of land conveyed to the United States of America by instrument dated March 28, 1936, recorded April 15, 1936, under Auditor’s File No. 166987; thence South 0 degrees 56' West along said line a distance of 186.01 feet; thence South 89 degrees 21' West 80 feet to the true point of beginning; thence South 0 degrees 56' West 100 feet; more or less, to the Northerly line of Mt. Angeles Road; thence Westerly along the Northerly line of said road 110 feet, more or less, to the East line of a private road known as Little River Road; thence North 42 degrees 00' West along the Easterly line of said Little River Road 108 feet; thence North 12 degrees 11' West along the East line of said road to a point that is South 89 degrees 21' West of the point of beginning; thence North 89 degrees 21' East to the true point of beginning. Situate in Clallam County, State of Washington.
46. That portion of Tract B of Homestead Entry Survey No. 231, Section 3, Township 29 North, Range 6 West, W.M., described as follows: Beginning at a point that is south 3 degrees 48' West 50.00 feet from the southwest corner of Lot 35, Lake Dawn Mountain Park; thence North 87 degrees 48'05" east 207.6 feet, more or less, to the westerly right of way line of County Road No. 3050; thence south 10 degrees 23' East along said westerly line 110.6 feet; thence continuing along said westerly line south 40 degrees 12' east 108.0 feet to a point on the north line of that tract obtained by the United States of America by judgment on Declaration of Taking, recorded November 9, 1949, under Auditor’s File No. 249649; thence westerly along the north line of said United States of America Tract to the northwest corner thereof; thence south along the west line of said United States of America Tract to the northeast corner of that tract conveyed to E. B. Webster by deed recorded September 16, 1936, under Auditor’s File No. 170571; thence westerly and southwesterly along the northerly line of said Webster Tract to the northwest corner thereof and the northeast corner of that tract conveyed to Klahhane Club, a corporation, by deed recorded January 5, 1950, under Auditor’s File No. 250870; thence westerly along the north line of said Klahhane Club Tract to the northwest corner thereof, said northwest corner being a point on the east line of that tract conveyed to the United States of America by deed recorded September 12, 1969, under Auditor’s File No. 392200; thence North along the east line of said United States of America Tract to the shoreline of Lake Dawn; thence northerly along said shoreline to the point of beginning. Situate in Clallam County, State of Washington.
47. That portion of the West half of the Southeast quarter of Government Lot 1, Section 3, Township 29 North, Range 6 West W.M., Clallam County, Washington, described as follows: Beginning at corner No. 13 of Homestead Entry Survey No. 231; thence North 89 degrees 21' East a distance of 90.96 feet; thence South 0 degrees 56' West 186.01 feet; thence South 89 degrees 21' West to a point that is South 12 degrees 11' East from corner No. 13, which point is also on the East line of private road known as Little River Road; thence North 12 degrees 11' West 186.01 feet more or less to said corner No. 13 and point of beginning, Situate in County of Clallam, State of Washington.
48. That portion of Government Lot 1 of Section 3, Township 29 North, Range 6 West, W.M., Clallam County, Washington, described as follows: Beginning at corner No. 13 of Homestead Entry Survey No. 231, in said Section 3, thence North 1 degree 11' East, a distance of 639.54 feet to corner no. 12; thence south 89 degrees 9' West, a distance of 100 feet; thence south 1 degree 11' West, a distance of 425 feet more or less to the county road; thence along the line of said county road to the point of beginning.
49. Beginning at the northeast corner of Section 3, Township 29 North, Range 6 West, W.M.; thence West along the North line of said Section 3, 727.66 feet to the true point of beginning; running thence South 1 degree 11' West 442 feet, more or less, to the Northerly margin of county road; thence Northwesterly along said Northerly margin 131 feet, more or less, to the Easterly boundary of First Addition to Lake Dawn Mountain Park, as per plat recorded in Volume 5 of Plats, Page 71; thence northerly along said easterly boundary of plat 353.6 feet, more or less to said north line of Section 3; thence East along said North line 100 feet, more or less, to the true point of beginning.
50. That portion of Homestead Entry Survey No. 231 described as follows: Beginning at Corner No. 16 of said Homestead Entry Survey No. 231, and being in the Northeast quarter of the Northeast quarter of Section 3, Township 29 North, Range 6 West of the Willamette Meridian; thence North 89 degrees 27' East 362.4 feet to the true point of beginning; thence South 89 degrees 27' West 40 feet; thence north 0 degrees 01' East 208.2 feet to the southerly line of an existing roadway; thence northeasterly along the southerly line of said roadway 50 feet more or less to a point which bears North 0 degrees 01′ East 228.6 feet from the true point of beginning; thence south 0 degrees 01′ West 228.6 feet to the true point of beginning.
Chapter 19.60
JUNK VEHICLE PUBLIC NUISANCESections:
19.60.010 Title.
19.60.020 Purpose.
19.60.030 Definitions.
19.60.040 Junk vehicle public nuisance declared.
19.60.050 Exemptions.
19.60.060 Enforcement.
19.60.070 Entry.
19.60.080 Junk vehicle public nuisance abatement.
19.60.090 Notice of potential violation.
19.60.100 Notice of violation and citation.
19.60.110 Cooperative abatement program.
19.60.120 Penalty waivers.
19.60.130 Notice of violation and abatement.
19.60.140 Notice of appeal.
19.60.150 Notice of hearing.
19.60.160 Hearing.
19.60.170 Order of the Hearing Examiner.
19.60.180 Reconsideration.
19.60.190 Appeal of Hearing Examiner’s decision.
19.60.200 Removal and disposal – Costs – Liens.
19.60.210 Vehicles unfit for use.
19.60.220 Junk vehicle cooperative abatement program fund.
19.60.230 Severability.
19.60.240 Repeal of previous abandoned vehicle ordinance and effective date.
SOURCE: ADOPTED:
Ord. No. 822, 2007 05/22/07
19.60.010 Title.
This chapter shall be titled “junk vehicle public nuisance” and adopted pursuant to RCW 36.32.120 and 46.55.240, as now enacted or hereafter amended.
19.60.020 Purpose.
(1) It is the purpose and intent of this chapter to eliminate the effects of the accumulation of damaged and inoperable vehicles and parts thereof which create blight, depress property values, generate health hazards, contribute to injury, damage the environment including numerous species of fish and wildlife, provide breeding areas for pests such as rodents, hornets and mosquitoes, attract illegal dumping of other solid waste and hazardous substances, and lead to criminal behavior, detrimentally affecting the health and safety of communities and neighborhoods in rural and urbanized areas of unincorporated Clallam County. It is further the purpose of this chapter to declare that removal of such vehicles from private property is a governmental purpose for which public funds may be spent as determined appropriate and necessary by the Director of the Department of Community Development.
(2) All landowners have the right to the full use and enjoyment of their property, consistent with State law and County ordinances, where such use does not infringe on the rights of adjacent landowners.
(3) In instances where an individual’s actions significantly infringe on the use and enjoyment rights of adjacent landowners, the County may act to abate a nuisance.
(4) This chapter is meant to supplement State law, not replace it. The County reserves the right to avail itself of all remedies available pursuant to State law.
(5) While this chapter authorizes the County to take action to resolve junk vehicle public nuisances, it shall not be construed as placing responsibility upon the County to resolve a junk vehicle public nuisance in any particular case, or as creating any duty on the part of the County to any particular person(s). The County is not required to remove junk vehicles from private property by virtue of any of the provisions set forth in this chapter.
19.60.030 Definitions.
Specific words and terms used in this chapter shall have the meanings defined below. All other words or terms shall have the meanings defined by the latest edition of Webster’s New Collegiate Dictionary. Terms, phrases, and words used in the singular shall also apply to the plural. Terms, phrases, and words used in the plural shall also apply to the singular.
(1) “Apparently inoperable” means that a vehicle does not appear to comply with legal requirements for vehicles used or parked on public streets with regard to safety equipment such as brakes, lights, tires, mirrors, and safety glass, or with regard to vehicle licensing requirements.
(2) “Department” means the Clallam County Department of Community Development.
(3) “Director” means the Director of the Clallam County Department of Community Development or his/her designee.
(4) “Junk vehicle,” per RCW 46.55.010, means a vehicle certified under RCW 46.55.230, as now enacted or hereafter amended, as meeting at least three of the following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield; or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
(5) “Landowner” means the legal owner of record of the property on which a junk vehicle is stored, kept, placed, or otherwise located, and/or a person with possession or control of such private property, or public official having jurisdiction over public property.
(6) “Law enforcement officer” means, for purposes of this chapter, any commissioned officer in the Washington State Patrol or the Clallam County Sheriff’s Department with jurisdiction.
(7) “Public official” means any person who is elected or appointed to public office.
(8) “Registered tow truck operator” means a firm, partnership, tow operator, association or corporation licensed by the State of Washington to perform towing and storage duties who has entered into a contract with the Clallam County Sheriff’s Department to tow unauthorized vehicles from rights-of-way and who has entered into a subsequent contract to perform towing and storage services under this chapter.
(9) “Vehicle” means, but is not limited to, automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, boat trailers, utility trailers, or other similar devices capable of moving or being moved on public right-of-way, and shall also include parts of vehicles, but shall not include farm machinery, prominently displayed ornamental machinery, devices designed to be moved by human or animal power, or devices used exclusively upon stationary rails or tracks.
19.60.040 Junk vehicle public nuisance declared.
(1) It is hereby declared that, except as provided in CCC 19.60.050, the storing or keeping of one or more junk vehicles on private property of less than 2.5 acres, or two or more junk vehicles on private property of 2.5 acres or greater, constitutes a public nuisance, subject to abatement by the last registered owner(s) of the junk vehicle(s) and/or the owner of the property where the junk vehicles are located as provided by State law and the provisions of this chapter.
(2) Purchasers of real property are responsible for abatement of any junk vehicle public nuisance in existence at the time of purchase.
(3) Junk vehicles on Clallam County right-of-way are also declared to be a public nuisance and may be impounded pursuant to RCW 36.32.120, 46.55.230 and 46.55.240, as now enacted or hereafter amended.
19.60.050 Exemptions.
The following are exempt from the provisions of this chapter:
(1) A junk vehicle completely enclosed within a building in a lawful manner where it is not visible from a public or private street or road, or other public or private property;
(2) A junk vehicle stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler/wrecker or a licensed vehicle dealer, provided the junk vehicle is fenced according to RCW 46.80.130, as now enacted or hereafter amended;
(3) A junk vehicle which is owned by a collector of antique, vintage, historic, classic, or muscle and special interest vehicles which is in the process of restoration, and which is recognized by national vehicle organizations such as the Veterans Motor Car Club of America or SEMA. Such vehicles, when located in public view prior to or during the restoration process, shall, upon request by the Director, be moved to a storage or work area not readily visible by the general public;
(4) Up to three junk vehicles for which the landowner can show current registration in his or her name, and for which (s)he submits a declaration expressing his or her intent to bring the same into operating condition within one year from the date of the declaration, and which are not parked on public roads or shared easements; and placed so as minimize public view, and which are kept free of accumulating garbage and other health hazards.
19.60.060 Enforcement.
(1) The Director or his designee, any law enforcement officer, and the Clallam County Prosecuting Attorney all have the authority to enforce this chapter.
(2) Per RCW 46.55.230(6), it is a gross misdemeanor for a person to abandon a junk vehicle on property. If a junk vehicle is abandoned, the vehicle’s registered owner shall also pay a cleanup restitution payment equal to twice the costs incurred in the removal of the junk vehicle. The court shall distribute one-half of the restitution payment to the landowner of the property upon which the junk vehicle is located, and one-half of the restitution payment to the law enforcement agency or the department investigating the incident.
(3) Per RCW 36.32.120, it shall be a misdemeanor to violate this chapter by knowingly causing, creating, or acquiescing in the existence of a junk vehicle public nuisance as defined herein. Each calendar day that a junk vehicle public nuisance remains unlawfully upon property shall constitute a separate offense; provided however, that no person shall be prosecuted for such offense until 45 calendar days after service of the notice of violation and abatement or while a valid cooperative abatement agreement is still in effect.
(4) This chapter is subject to the enforcement and penalty provisions contained in CCC Title 20, Code Compliance, except to the extent preempted by State or federal law, or any contrary enforcement and penalty provisions contained in this chapter.
(5) Clallam County shall not issue any permit, license, or other development approval on a development proposal site subject to a notice of violation under this chapter; provided, that Clallam County may issue such permits to rectify or correct violations.
(6) Nothing in this section or this chapter shall be construed to preclude the Clallam County Prosecuting Attorney from bringing such additional, injunctive, declaratory, or other actions as are necessary to enforce the provisions of the Clallam County Code.
19.60.070 Entry.
(1) With permission of the landowner, the Director or a law enforcement officer is authorized to enter onto property upon which a junk vehicle public nuisance exists, for the purpose of obtaining information about the vehicles necessary to determine the last registered owner, record the make and vehicle identification number or license number of the vehicle if available, and shall also verify that the approximate value of the junk vehicle is equivalent to only the approximate value of the parts, pursuant to RCW 46.55.230, as now enacted or hereafter amended. The Director or law enforcement officer shall provide such information on the vehicle’s registered and legal owner to the landowner.
(2) If permissive entry cannot be obtained, the law enforcement officer or Prosecuting Attorney may apply to District Court for a search warrant notwithstanding the inability to locate the landowner.
(3) Denial by the landowner to grant permission to the Director or a law enforcement officer for the purpose set forth in subsection (1) of this section may be considered as evidence that the landowner is responsible for abating the junk vehicle public nuisance and as evidence that the landowner is acquiescing to the presence of the junk vehicle public nuisance for the purpose of this chapter.
19.60.080 Junk vehicle public nuisance abatement.
(1) The following shall constitute abatement of a junk vehicle public nuisance under this chapter:
(a) Removal of junk vehicles from private property in accordance with RCW 46.55.230, as now enacted or hereafter amended, and/or this chapter, so that no junk vehicles remain.
(b) Complete enclosure of junk vehicles within a lawfully constructed building so that no junk vehicles are visible from a public or private street, or other public or private property.
(2) Removal of a junk vehicle and placing it onto Clallam County right-of-way or other public property, or onto the private property of another without permission, or resulting in a junk vehicle public nuisance on the private property of another, constitutes an additional violation under this chapter, and does not constitute abatement of a junk vehicle public nuisance.
(3) A junk vehicle public nuisance shall be considered ongoing and daily penalties shall continue to accrue up to the date that the landowner notifies the Director in writing that the junk vehicle public nuisance has been abated, if the Director is able to confirm the same in writing after being allowed entry on the property to inspect the same.
(4) Any such writing by the Director confirming that a junk vehicle public nuisance has been abated shall not constitute nor be considered a warranty, guarantee, or certification of any kind, express or implied, by Clallam County.
19.60.090 Notice of potential violation.
If, based on field observations or complaints, the Director determines that a junk vehicle public nuisance may exist in violation of CCC 19.60.040, the Director may mail a written notice of potential violation to the landowner, containing the following:
(1) The name and address of the landowner;
(2) The location of the subject property by address, parcel number, or legal description;
(3) A summary of the information that forms the basis of the determination that a junk vehicle public nuisance may exist on the subject property;
(4) A deadline of 30 calendar days from the mailing of the notice of potential violation by which the landowner must resolve the junk vehicle public nuisance;
(5) A description of the corrective action necessary to abate the violation;
(6) The process through which the landowner can schedule a formal inspection by the Director to determine that no such junk vehicle public nuisance exists or that such junk vehicle public nuisance has been abated;
(7) The process through which the landowner can legally remove the junk vehicle public nuisance;
(8) The criteria of eligibility for and the process by which the landowner may request to be considered for assistance under the cooperative abatement program set forth in CCC 19.60.110.
19.60.100 Notice of violation and citation.
(1) If, based on field observations or complaints, the Director determines that a junk vehicle public nuisance may continue to exist either after 30 calendar days have passed since the mailing of the notice of potential violation under CCC 19.60.090, or after terminating the cooperative abatement agreement under CCC 19.60.110, the Director may serve a notice of violation and citation to the landowner, containing the following:
(a) The name and address of the landowner;
(b) The location of the subject property by address, parcel number, or legal description;
(c) A summary of the information that forms the basis of the determination that a junk vehicle public nuisance may exist on the subject property;
(d) A description of the corrective action necessary to abate the violation;
(e) Notification that the violation must be abated within 45 calendar days of service unless a timely and proper notice of appeal is submitted;
(f) Notification that if any of the persons to whom the notice of violation and citation is issued wish to appeal said notice and request a hearing before the Hearing Examiner, they must submit a written notice of appeal to the Director within 14 calendar days of service;
(g) The process through which the landowner can schedule a formal inspection by the Director to determine that no such junk vehicle public nuisance exists or that such junk vehicle public nuisance has been abated; daily penalties will accrue until the Director has determined in writing that the junk vehicle public nuisance has been abated;
(h) Notification that if the person(s) to whom the notice of violation and citation is issued fail to properly submit a timely notice of appeal or fail to abate the nuisance, daily penalties as stated in the notice of violation and citation will begin to accrue on the first day after 45 calendar days have passed from the date of service of the notice of violation and citation, and will continue to accrue every day thereafter up to the day that the Director confirms in writing that the junk vehicle public nuisance has been abated;
(i) Notification that penalties are due 30 calendar days after they accrue, and that if any penalties remain unpaid 90 calendar days after they accrue, interest will begin to accrue at six percent per annum, a lien will be recorded against the subject property (if owned by the responsible person), and/or the amounts due will be forwarded to a collection agency for collection.
(2) The notice of violation and citation must be served on the landowner by either personal service on the landowner or by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail to the landowner’s last known address. The taxpayer’s address as shown on the County’s tax records relating to the subject property shall be deemed to be the proper mailing address of the landowner. The person effecting the service shall provide a notarized written declaration stating the date and time of service and the manner by which service was made. Service by mail shall be deemed effective upon the third business day following the day upon which the notice of violation and citation was placed in the mail.
(3) The Director may grant in writing an extension of the time limit if the landowner has made a request therefor in writing and shown due diligence or substantial progress in abating the nuisance, but circumstances render timely completion unattainable.
(4) The Director may record a lien after penalties have remained unpaid for 90 calendar days after their accrual.
(a) The lien for penalties shall run with the property and shall accrue interest at six percent per annum from the date of recording until paid in full;
(b) The lien for penalties shall contain a reference to the notice of violation and citation, a description of the property to be charged with the lien, the owner of record, and the total amount of the lien. The Director may cause such lien to be modified to add accrued penalties after they have remained unpaid for 90 calendar days;
(c) The Director shall record a corrected lien to reflect any partial waiver of penalties, upon the landowner’s successful performance under a cooperative abatement agreement entered into between the Director and the landowner pursuant to CCC 19.60.110.
(5) Notification that the notice of violation and citation may be recorded against the subject property in the Clallam County Auditor’s Office subsequent to service.
19.60.110 Cooperative abatement program.
(1) The Director is authorized to establish a cooperative abatement program to encourage and assist in the voluntary removal of junk vehicles from private property. A cooperative abatement program may provide:
(a) Technical assistance to expedite the removal of junk vehicles;
(b) Financial assistance within budgeted funds to defray landowner costs associated with the removal of junk vehicles; and/or
(c) Waiver of accrued but unpaid penalties to offset landowner costs associated with removal of junk vehicles.
(2) A cooperative abatement agreement may be entered into at any time before an appeal brought by a landowner relating to this chapter is decided unless otherwise limited by the Director pursuant to subsection (7) of this section.
(3) To qualify for assistance, a landowner must enter into a written cooperative abatement agreement with the Director. A cooperative abatement agreement shall contain an acknowledgement by the landowner that there exists on his or her property a junk vehicle public nuisance and that his or her failure to perform under the agreement may be construed as his or her acquiescence to its presence.
(4) The cooperative abatement agreement shall contain the landowner’s name, the address of the property, a description of the junk vehicles to be removed from the property, permission to enter and inspect the property, the action to be taken, the date when it must be completed, and such other conditions as the Director deems necessary and appropriate under the circumstances to effect complete abatement of the nuisance.
(5) In the event that a landowner is not the last registered owner of a junk vehicle, the Director or law enforcement officer may identify the last registered owner of the junk vehicle and provide notice to him or her on behalf of the landowner that the vehicle must be removed and disposed in a manner that complies with all applicable laws.
(6) Should the last registered owner fail to remove the vehicle(s) as directed, Clallam County may contract with registered tow truck operators to remove the vehicle(s) from the landowner’s property.
(7) In furtherance of the goals of this chapter, the Director shall have discretion to establish additional requirements and procedures deemed necessary and consistent with this chapter to limit:
(a) The form of technical assistance;
(b) The amount of financial assistance to be provided to a landowner;
(c) How many times a landowner may participate in a program;
(d) Time limits within which the landowner must apply to participate in the program;
(e) The amount of time a landowner has to comply with a cooperative abatement agreement;
(f) Eligibility to specific land use zones.
The Director may deny a landowner’s participation if they are in violation of or have a pattern of past violations of other Clallam County, State, or federal laws.
(8) If the extent of the nuisance exceeds any limits placed on financial assistance, the landowner shall be responsible for lawful removal and disposal of any additional vehicles, fully bearing the cost thereof, concurrent with the removal of those vehicles for which assistance is being received.
(9) If the landowner who is party to a cooperative abatement agreement fails to comply with the terms and conditions thereof by the date set forth in the cooperative abatement agreement, the junk vehicle public nuisance may be abated pursuant to any other lawful remedy provided for in this chapter or elsewhere.
(10) This section shall not be construed to impose a duty upon the County or the Director to enter into a cooperative abatement agreement with any landowner.
(11) A landowner’s submission of a request to be considered for assistance under a cooperative abatement agreement does not in any way toll or otherwise affect any deadlines, periods of appeal, accrual of daily penalties, and the like.
(12) The Director shall maintain sufficient records to monitor and enforce this section and any eligibility requirements or restrictions implemented by the Director.
(13) The Director may record a copy of the executed cooperative abatement agreement with the Clallam County Auditor’s Office. In that case, the Director shall record a certificate of correction with the Clallam County Auditor’s Office when all violations specified in the cooperative abatement agreement have been corrected as required by the cooperative abatement agreement. The certificate shall include a legal description of the property where the violation occurred and shall state if any unpaid penalties and costs for which liens have been recorded are still outstanding and continue as liens on the property.
(14) The Director may grant in writing an extension of the time limit if the landowner has made a request therefor in writing and shown due diligence or substantial progress in abating the nuisance, but circumstances render timely completion unattainable.
(15) A cooperative abatement agreement is not a settlement agreement.
19.60.120 Penalty waivers.
Penalties may be waived by the Director under the following circumstances and to the following extent only:
(1) If a notice of violation and citation was issued in error, or if penalties were assessed in error, the Director may adjust the penalties to the correct amount. The Director shall document the circumstances under which a decision was made to adjust penalties and such a statement shall become part of the public record unless privileged, and shall issue and serve an amended notice of violation and citation.
(2) If the junk vehicle public nuisance has been fully abated according to the terms of a duly executed cooperative abatement agreement under this chapter, then the Director shall waive a portion of the accrued but unpaid penalties, and associated interest, according to the table set forth herein, which amount shall be specifically memorialized in said cooperative abatement agreement.
If the date of the cooperative abatement agreement is:
Portion of accrued but unpaid penalties to be waived
Within 90 calendar days of imposition of penalties
75 percent
After 90 calendar days of imposition of penalties
50 percent
Within 90 calendar days of recording lien for penalties
50 percent
After 90 calendar days of recording lien for penalties
25 percent
Within 45 calendar days of the acquisition date of the subject property by new owners (including inheritance)
75 percent
After 45 calendar days of the acquisition date of the subject property by new owners (including inheritance)
25 percent
This partial waiver of penalties shall only apply to unpaid penalties and associated interest. Under no circumstances shall anything in this subsection be construed to mean that the Department or the County shall owe reimbursement of penalties and/or interest already paid.
(3) In partially waiving penalties and interest, the Director must follow the above table and may not deviate from the same. This objective waiver of penalties serves to further the overriding public purpose of abating junk vehicle public nuisances, and recognizes the environmental and public health benefits to the County of abating such nuisances.
(4) The Director shall not waive any assessed costs of code compliance or actual abatement costs incurred by the County, including associated interest thereon. Actual abatement costs are funds spent by the County to achieve physical abatement of the violation pursuant to CCC 19.60.200.
(5) Upon a determination that the junk vehicle public nuisance has been abated according to the terms of the cooperative abatement agreement, the Director shall record an amended lien that reflects the partial waiver of penalties and associated interest.
(6) Within 30 calendar days of full payment of any remaining penalties and associated interest, the Director shall record a lien satisfaction.
19.60.130 Notice of violation and abatement.
(1) If, based on field observations or complaints, the Director determines that a junk vehicle public nuisance continues to exist either after the deadline indicated in the notice of violation and citation sent under CCC 19.60.100, or after terminating the cooperative abatement agreement under CCC 19.60.110, the Director may serve a notice of violation and abatement.
(2) The notice of violation and abatement shall be issued to the landowner and to the last registered owner of record if that person can be determined.
(3) The notice of violation and abatement shall be served by means of personal service or by mailing a copy of said notice to such person at his/her last known address by certified mail, with a five-day return receipt requested. Service by mail shall be deemed effective upon the third business day following the day upon which the notice of violation and abatement was placed in the mail.
Proof of service shall be made by a written declaration by the person effecting the service, declaring the time and date of service and the manner by which service was made.
(4) The notice of violation and abatement shall contain substantially the following information if it is reasonably obtainable:
(a) The name and address of the person to whom the notice is issued;
(b) The location of the subject property by address or other description sufficient for identification of the subject property;
(c) A summary of the information that forms the basis of the determination that a junk vehicle public nuisance may exist on the subject real property;
(d) A description of the corrective action necessary to abate the violation;
(e) Notification that the violation must be abated within 45 calendar days of service unless a timely and proper notice of appeal is submitted;
(f) Notification that if any of the persons to whom the notice of violation and abatement is issued wishes to appeal said notice and request a hearing before the Hearing Examiner, they must submit a written notice of appeal to the Director within 14 calendar days of service;
(g) The process by which the landowner can schedule a formal inspection by which the Director may determine that no such junk vehicle public nuisance exists or that such junk vehicle public nuisance has been abated;
(h) Notification that if the persons to whom the notice of violation and abatement is issued fail to submit a timely notice of appeal within 14 calendar days of service and fail to voluntarily abate the nuisance within 45 calendar days of service, the junk vehicle(s) will be removed at the request of a law enforcement officer with notice to the Washington State Patrol and the Department of Licensing that the vehicle has been wrecked, pursuant to CCC 19.60.200 and RCW 46.55.240(3)(d);
(i) Notification that the cost of administration, removal, and disposal of junk vehicle(s) pursuant to subsection (4)(h) of this section shall be assessed against the owner of the property on which the vehicle(s) are stored pursuant to CCC 19.60.200, unless otherwise specified in the order of the Hearing Examiner pursuant to CCC 19.60.170.
19.60.140 Notice of appeal.
(1) Within 14 calendar days of service of a notice of violation and citation or a notice of violation and abatement, the landowner and/or the last registered owner of record of the vehicle may submit a written notice of appeal to the Director.
(2) The appellant may appeal:
(a) Whether the Director appropriately identified the vehicle as a junk vehicle; or
(b) Whether the landowner is appropriately being held responsible for the nuisance because said landowner did not consent to the presence of the junk vehicle and has not subsequently acquiesced in its presence; or
(c) Whether the last registered owner of record of the vehicle is appropriately being held responsible for the nuisance because said owner, in the transfer of ownership of the vehicle, has complied with RCW 46.12.101, as now enacted or hereafter amended.
(3) The notice of appeal must be in writing and received no later than 4:30 p.m. on the last day of the appeal period at Clallam County Department of Community Devel
