32.08.070 Enforcement of a final order.

(1)    If, after any order duly issued by a director has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, including refusal to pay a civil penalty assessed under such order, a director may:

(a)    Cause such person to be prosecuted under this title; and/or

(b)    Institute any appropriate action to collect a civil penalty assessed under this title; and/or

(c)    Abate the land use or health violation using the procedures of this title; and/or

(d)    File in the auditor’s recording office a certificate describing the property and the violation and stating that the owner has been so notified; and/or

(e)    Pursue any other appropriate remedy at law or in equity under this title.

(2)    Enforcement of any notice and order of a director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when a director determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. Mitigation measures may be imposed by the hearing examiner or the planning director during the pendency of an appeal in superior court to minimize the impact of the alleged violation. Penalties assessed in the notice and order will continue to aggregate during the appeal period unless the appellant prevails on appeal. The aggregated penalty shall not exceed three (3) times the amount of the daily penalty as determined by the Table 32.04.050 for any single violation from its inception through the date the hearing examiner renders its final decision. If the appellant does not prevail on appeal and the cost of the hearing is more than the aggregated daily penalty, the appellant shall be responsible to reimburse the county for the hearing examiner’s fees in lieu of the aggregated daily penalty in an amount not to exceed seven thousand five hundred dollars ($7,500). (Sec. 14 of Ord. 1977-12-51; amended by Sec. 5 of Ord. 1995-04-22; amended by Sec. 1 of Ord. 2022-09-02)