Chapter 18.04
COORDINATING GOVERNMENT REGULATION OF LAND AND NATURAL RESOURCE USE
Sections:
Article I. Preliminary Provisions
18.04.030 Effectiveness – Validity under constitutional, federal and state law.
Article II. General Guidance
Article III. Specific Guidance
18.04.060 Agriculture and livestock.
18.04.070 Timber and wood products.
18.04.080 Cultural resources, recreation, wildlife and wilderness.
18.04.090 Land acquisition and disposition.
18.04.120 Mining and minerals.
18.04.130 Private property rights.
Article IV. Monitoring and Environment
18.04.140 General authorization.
18.04.150 Coordinating committee and subcommittee.
18.04.160 Research and data collection.
Article I. Preliminary Provisions
18.04.010 Purpose.
The purpose of this chapter is to establish as county law the basis and process for determining how federal and state agencies are to coordinate and consult with Okanogan County in actions affecting land and natural resource use, in order that the citizens of Okanogan County may preserve their customs, culture, and economic stability, and protect and use their environment. This chapter addresses federal and state agency regulation of land and natural resource use directly and is intended to be used as a positive guide for federal and state agencies in their development and implementation of regulations affecting land and natural resources use in Okanogan County. (Ord. 2000-2 § 3, 2000).
18.04.020 Coordination with Growth Management Act, the National Environmental Policy Act, the State Environmental Policy Act, the Endangered Species Act, the comprehensive plan and existing county law.
A. The provisions of this chapter shall be in addition to and, to the extent permitted by law, coordinated with the final Okanogan County comprehensive plan adopted pursuant to the Washington State Growth Management Act. The effectiveness of this chapter, however, shall not depend upon adoption of the comprehensive plan or the authority of the county to adopt such a plan.
B. This chapter shall be coordinated with existing and future Okanogan County ordinances, resolutions, policies and plans. It is intended as a set of provisions that shall provide a general framework as well as specific guidance and shall work in conjunction with other Okanogan County ordinances, resolutions, policies and plans. In the event this chapter conflicts with such other ordinances, resolutions, policies and plans, the provisions of this chapter shall be given effect to the fullest extent. (Ord. 2000-2 § 3, 2000).
18.04.030 Effectiveness – Validity under constitutional, federal and state law.
A. This chapter shall be effective upon adoption by the board of Okanogan County commissioners.
B. The validity of this chapter is based upon the rights of citizens granted by the Constitutions of the United States and the state of Washington, the authority of Okanogan County to protect and uphold such rights, and existing federal and state laws mandating that federal and state agencies consult and coordinate with local governments in actions affecting use of land and natural resources. If any provision of this chapter shall be found invalid or unenforceable by a court of competent jurisdiction, the remaining provisions shall not be affected thereby, but shall remain in full force and effect, and to that extent the provisions of this chapter shall be severable. (Ord. 2000-2 § 3, 2000).
18.04.040 Definitions.
A. For the purpose of this chapter, and any regulations promulgated hereunder, the following words shall be defined as follows:
“Action”, when used with respect to any federal or state agency, shall have the broadest possible meaning in the context of any exercise of authority, and shall include, without limitation, any proposal, policy, regulation, rule, consideration, finding, study, or gathering or review of data, that may lead to any substantive rule, regulation, or administrative action or determination.
“Federal agency”, “state agency” or any combination thereof, shall mean each department, agency, commission or other instrumentality receiving its authority from the executive, legislative or judicial branch of the United States or the state of Washington, respectively, including without limitation independent regulatory agencies and public corporations, together with each officer, agent or employee thereof in the performance of official duties.
“Private property” shall mean all property protected by provisions of the United States Constitution, the Washington State Constitution, Okanogan County statutes, and amendments thereto.
“Culture” means the body of customary beliefs, social forms, and material traits constituting a distinct complex of tradition of a racial, religious or social group – that complex whole that includes knowledge, belief, morals, law, customs, opinions, religion, superstition and art.
“Custom” means a usage or practice of the people, which by common adoption and acquiescence and by long and unvarying habit, had become compulsory and has acquired the force of law with respect to the place or subject-matter to which it relates; an habitual or customary practice, more or less widespread, which prevails within a geographic or sociological area.
“Economic stability” means those economic factors that are necessary for the stability of the community in economic, social, cultural and public health and safety terms.
“Environmental harmony” means the desired balance necessary for the mutual maintenance and preservation of the natural environment, custom and culture, and the economic stability of Okanogan County.
“Okanogan County” and “county” in this text refers to the physical description and citizens of Okanogan County, represented by the board of Okanogan County commissioners. (Ord. 2000-2 § 3, 2000).
Article II. General Guidance
18.04.050 General guidance.
To the fullest extent required or permitted by law, including this chapter, all federal and state agencies, in all actions considered, proposed or taken that affect or have the potential of affecting the use of land or natural resources within Okanogan County:
A. Shall consider the effects such actions have on:
1. Community stability;
2. Maintenance of custom, culture and economic stability; and
3. Conservation and use of the environment and natural resources as part of the action taken;
B. Shall coordinate procedures to the fullest extent possible with Okanogan County on an equal basis and not with Okanogan County as subordinate, prior to and during the taking of any federal or state action;
C. Shall meet with Okanogan County to establish, through a memorandum or otherwise, the process for such coordination, including joint planning, joint environmental research and data collection, joint hearings, and joint environmental assessments;
D. Shall submit a list and description of alternatives in light of possible conflicts with Okanogan County’s laws, policies and plans, including the comprehensive plan; consider reconciling the proposed action with the county’s laws, policies, and plans, including the comprehensive plan, and after such consideration, take all practical measures to resolve such conflict and display the results of such consideration in appropriate documentation;
E. Shall not, in any environmental impact statement or otherwise, assume that any proposed actions would be consistent with Okanogan County conditions or would have a nonsignificant impact, without coordination and consultation with the county and review of data specific to Okanogan County;
F. Shall, in absence of a direct constitutional conflict (United States and Washington State Constitutions), coordinate with Okanogan County so as to comply with federal and state statutes and regulations, and county laws, policies and plans, including the comprehensive plan;
G. Shall take appropriate mitigation measures adopted with the concurrence of Okanogan County to mitigate adequately adverse impacts on culture, custom, economic stability or protection and use of the environment; and
H. Shall not violate through regulatory means or otherwise any private property rights of citizens of Okanogan County without just compensation. (Ord. 2000-2 § 3, 2000).
Article III. Specific Guidance
18.04.060 Agriculture and livestock.
The custom and culture associated with agricultural and livestock production in Okanogan County is significant to the economic environment. The purpose of this section is to provide clear guidance to federal and state agencies when actions taken by such entities affect or have the potential of affecting agricultural and livestock production in Okanogan County.
A. In general, since the regulation of any aspect of agricultural and livestock production may impact the ability of county citizens to use land and use and conserve natural resources for agricultural and livestock purposes, all federal and state agencies shall:
1. Notify the county of proposed actions;
2. Provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to the taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Okanogan County.
B. To the extent permitted by law, federal and state agencies shall avoid taking actions that are inconsistent with the Washington State Right to Farm Initiative or any successive resolutions or ordinances or like provision in the comprehensive plan, without the concurrence of Okanogan County.
C. To the extent permitted by law, federal and state agencies shall avoid taking actions that have the effect of obstructing, or making financially inefficient, agricultural and livestock production within Okanogan County.
D. To the extent permitted by law, federal and state agencies shall give adequate consideration to the designation and use of lands as agricultural lands in the comprehensive plan and as otherwise consistent with the custom, culture, and economy of Okanogan County. (Ord. 2000-2 § 3, 2000).
18.04.070 Timber and wood products.
The custom and culture associated with timber and wood production in Okanogan County is significant to the economic stability, livelihood and well-being of its citizens and protection and use of their environment. The purpose of this section is to provide clear guidance to federal and state agencies when actions taken by such entities may affect timber and wood products production in Okanogan County.
A. All federal and state agencies shall prior to initiating, studying or taking any action affecting timber or wood products production in Okanogan County:
1. Notify the county of proposed actions;
2. Provide a detailed statement assessing the specific effects on custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to the taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Okanogan County.
B. To the extent permitted by law, federal and state agencies shall avoid taking actions that reduce opportunities for a timber and wood products industry to be continued at levels consistent with the custom, culture, and economy of Okanogan County.
C. The production of timber from sources in Washington and other northwest states has been and continues to be an important part in the preservation of custom, culture and economic stability and protection and use of the environment of Okanogan County. The provisions of this section shall therefore apply fully to actions taken by federal and state agencies with respect to sources of timber in such states. (Ord. 2000-2 § 3, 2000).
18.04.080 Cultural resources, recreation, wildlife and wilderness.
The custom and culture associated with cultural resources, recreation, wildlife and wilderness in Okanogan County are significant to the livelihood, economy, and well-being of its citizens and protection and use of their environment. It is the continuing policy of Okanogan County to: (1) assure for all citizens safe, healthful, productive and aesthetically and culturally pleasing surroundings; (2) preserve important historic, cultural and natural aspects of our county heritage; and (3) maintain whenever possible an environment which supports diversity and variety of individual choice and economic stability. The purpose of this section is to provide clear guidance to federal and state agencies when actions by such agencies may affect cultural resources, recreation, wildlife and wilderness in Okanogan County.
A. Before any action is considered, proposed, or taken, affecting the economy, cultural resources, recreational, wildlife or wilderness uses in Okanogan County, federal and state agencies shall:
1. Notify the county of any proposed action;
2. Provide a detailed statement assessing the specific effects on custom, culture, economy and environment of Okanogan County, including, without limitation, public health and safety;
3. Consider all alternatives to the taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Okanogan County.
B. Federal and state agencies shall avoid taking actions affecting recreational, cultural, wilderness, and wildlife opportunities within Okanogan County that are incompatible with local custom, culture and economic stability or preservation and use of the environment, or that otherwise fail to protect private property rights and local determination.
C. In connection with any action related to sensitive, threatened or endangered plant or animal species, a federal or state agency shall:
1. At the earliest possible time, give actual notice to Okanogan County of its intent to consider or propose a species for listing, or to change or propose critical habitat;
2. Base the listing of a species on the best scientific and commercial data relating specifically to Okanogan County and not generalized over a wider geographic area;
3. List a species as threatened or endangered only after taking into account the efforts of Okanogan County to conserve the species;
4. Only implement a recovery plan if it will provide for conservation of a species;
5. In designating critical habitat, base the designation on the best scientific data available and, after taking into consideration economic impacts, exclude as critical habitat all impacted areas unless, based upon the best scientific and commercial data available, failure to designate would result in extinction of species;
6. Complete and forward to Okanogan County in a timely manner all documentation required by law when designating critical habitat;
7. Consider and directly respond to comments submitted by Okanogan County;
8. Not develop protective regulations or recovery plans if an Okanogan County plan is in place to protect effectively the species within Okanogan County;
9. Protect the species through alternatives with the least impact on the custom, culture and economic stability and preservation and use of the environment of Okanogan County; and
10. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of the county to mitigate adequately any impact on custom, culture, economic stability, and protection and use of the environment, including any impact on public use and access and private property rights.
11. In the event a species is listed under the Endangered Species Act, prior to regulatory actions, the responsible state or federal agency shall develop, through cooperation with Okanogan County, a plan of recovery that has a reasonable chance of success and is supported by peer review. Progress shall be monitored to insure that the recovery plan is actually working. The responsible agency shall fund monitoring. (Ord. 2000-2 § 3, 2000).
18.04.090 Land acquisition and disposition.
Land is significant to the preservation of custom, culture, economic stability, and preservation and use of the environment and natural resources in Okanogan County. In addition, land provides much of the tax base for vital public functions, such as funding of public schools and administration of county government. When land (including any interest in land) is acquired or held in trust by federal and state agencies and some private entities, it may be removed from this tax base. The renewable resources that the land produces is a significant part of the basis for the economy of Okanogan County. When land goes out of production the citizens of Okanogan County will suffer as a result. For these reasons, it is the policy of Okanogan County that the design and development of all federal and state land acquisitions, including by forfeiture, donation, purchase, eminent domain or trust, and disposals, including adjustments and exchanges, be carried out to the benefit of the citizens of Okanogan County.
A. To the extent permitted by law, federal and state agencies or any non-taxpaying entities shall, prior to acquiring any lands or interest in lands within Okanogan County:
1. Notify the county of proposed acquisitions;
2. Provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to the taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures, such as payments in lieu of taxes, adopted with the concurrence of Okanogan County.
B. Before any federal or state agency pursues any disposition, adjustment or exchange of land within Okanogan County, the county shall be notified of, consulted about, and otherwise involved in all federal and state land dispositions, adjustments, and exchanges. (Ord. 2000-2 § 3, 2000).
18.04.100 Water resources.
Okanogan County recognizes that the conservation and development of water resources are essential to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. To the extent permitted by law, federal and state agencies shall not take actions affecting water rights (which are private property rights) and water resources that are incompatible with local custom, culture and economic stability or preservation and use of the environment, or that otherwise fail to protect private property rights and local determination.
A. Any federal or state action that has or could have the effect of changing existing water rights or uses within the county shall be critically considered in relationship to the historic and current use of water in Okanogan County by humans, vegetation, livestock and wildlife. It is the intent of Okanogan County to assist federal and state agencies in the planning and management of Okanogan County’s natural, cultural, economic and environmental resources related to water use. Since the regulation of any aspect of water rights or water use may impact the ability of Okanogan County citizens to use land and natural resources, all federal and state agencies shall, when taking any action related to restricting or limiting water use or water rights:
1. Notify Okanogan County of proposed actions;
2. Provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to the taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of Okanogan County.
B. Any proposed definition of wetlands, any action affecting the management of river and stream flows, wells, or any source of uses of irrigation, and any other federal or state action that has any effect on water rights or water uses within the county:
1. Shall be coordinated with the county;
2. To the extent permitted by law, shall comply with all county water use plans; and
3. Shall not violate any water rights.
C. To the extent permitted by law, Okanogan County shall have the authority to define and designate wetlands, and to the extent such authority is exercised, and otherwise in accordance with law, federal and state agencies shall act in compliance with acceptance and enforcement of such definitions and designations. In addition, the county may continue to develop, in coordination with private land owners and governmental agencies, water management plans that encompass water resources on both governmentally owned and privately owned lands.
D. To the extent permitted by law, Okanogan County shall have the authority to establish development regulations for point source and non-point source water pollution. To the extent such authority is exercised, and otherwise in accordance with law, federal and state agencies shall be subject to, and shall comply with all administrative requirements, controls, processes, and sanctions of such development regulations.
E. The use of water that originates from sources outside Okanogan County has been and continues to be an important part in the preservation of custom, culture and economic stability and the protection and use of the environment of Okanogan County. The provisions of this section shall therefore apply fully to actions taken by federal and state agencies in any jurisdiction that affect water rights and water uses within Okanogan County.
F. Before any federal or state agency acquires or agrees to acquire any interest in water rights in Okanogan County, directly, indirectly or in trust, for any purpose (including for transfer to or use in any other jurisdiction), by donation, purchase, condemnation or otherwise, such agency shall fully comply with all provisions of this chapter. In addition, federal and state agencies shall not acquire for any public purpose any interest in water rights within Okanogan County without:
1. First coordinating and consulting with the county; and
2. Ensuring that private water rights are protected. (Ord. 2000-2 § 3, 2000).
18.04.110 Clean air.
Okanogan County recognizes that the conservation and use of clean air resources are significant to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment.
A. All federal and state agencies shall prior to taking any action affecting air usage within Okanogan County:
1. Notify the county of the proposed action;
2. Provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to the taking of such action; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with the concurrence of the county.
B. Any federal or state action that has or could have the effect of changing existing use of air resources within the county shall be critically considered in relationship to the historic and current use of air resources in the county by humans, vegetation, livestock and wildlife. Any proposed designation of federal or state pollution non-attainment areas and any other federal or state action that has any effect on air resources within Okanogan County shall be coordinated with the county and shall comply with all county air quality standards and use plans.
C. It is the intent of the county to assist federal and state agencies in the planning and management of the county’s natural, cultural, economic and environmental resources related to air quality. Okanogan County shall have the authority to establish development regulations regarding air pollution and develop air quality protection plans of its own design. To the extent such authority is exercised, federal and state agencies shall act in compliance with acceptance and enforcement of such regulations, to the extent permitted by law. In addition, the county shall have the authority to continue to develop in coordination with private land holders and governmental agencies, air quality management plans that encompass clean air resources throughout Okanogan County. To the extent such authority is exercised and otherwise as permitted by law, federal and state agencies shall be subject to, and shall comply with, all Okanogan County administrative requirements, controls, processes, and sanctions of such regulations and plans. (Ord. 2000-2 § 3, 2000).
18.04.120 Mining and minerals.
Okanogan County recognizes that the conservation and use of mining and mineral resources are significant to preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. The purpose of this section is to provide clear guidance to federal and state agencies when actions taken by such entities may affect mining production in Okanogan County.
A. Any federal or state action that has or could have the effect of changing mining or mineral resources within the county shall be critically considered in relationship to the historic, current and future uses of mineral deposits in Okanogan County. It is the intent of Okanogan County to assist federal and state agencies in the planning and management of the county’s natural, cultural, economic and environmental resources related to mining and mineral deposits. Since the regulation of any aspect of mining may impact the ability of county citizens to use land and natural resources, all federal and state agencies shall, when taking any action related to restricting or limiting mining:
1. Notify Okanogan County of proposed actions;
2. Provide a detailed statement assessing the specific effects on the custom, culture, economy and environment of Okanogan County;
3. Consider all alternatives to taking of such actions; and
4. To the extent permitted by law, take appropriate mitigation measures adopted with concurrence of the county.
B. To the extent permitted by law, federal and state agencies shall not take actions that reduce opportunities for a mining industry to develop and function at a level that is compatible with local custom, culture and economic and environmental resources related to mining and minerals. (Ord. 2000-2 § 3, 2000).
18.04.130 Private property rights.
Okanogan County recognizes that the protection of private property rights is imperative and essential to the preservation of the custom, culture and economic stability of its citizens and protection and use of their environment. Federal, state, and Okanogan County agencies shall fully comply with all case law, statutes, regulations, rules and guidelines concerning protection of private property rights in Okanogan County, including, without limitation, (1) United States Executive Order 12630, Governmental Actions and Interferences with Constitutionally Protected Property Rights dated March 16, 1988, and (2) Section 18 of the Washington Growth Management Act, Protection of Private Property (RCW 36.70A.370), and guidelines of the Attorney General of the State of Washington promulgated with respect thereto.
A. All private property and private property rights of Okanogan County citizens shall be fully protected by the U.S. Constitution, the Washington State Constitution and the U.S. Civil Rights Act, as amended, and this chapter.
B. The violation of the private property rights of any Okanogan County citizen by a federal, state, or Okanogan County agency, or their employees, shall be deemed to be a violation of this chapter, and liability for such violation shall be on the federal, state, or county agency as well as on the federal, state, or county official or employee responsible for making any decision or implementing any action which results in such violation. (Ord. 2000-2 § 3, 2000).
Article IV. Monitoring and Environment
18.04.140 General authorization.
Okanogan County shall have the authority to develop and maintain monitoring and compliance standards to evaluate and enforce compliance by federal, state, and Okanogan County agencies with the provisions of this chapter, the comprehensive plan, and other ordinances, resolutions, policies and plans of Okanogan County. Any actions that may be taken or authority that may be exercised by Okanogan County pursuant to this chapter or otherwise in accordance with law, may be taken or exercised by the Okanogan County board of commissioners. Taking into consideration the custom, culture, economic stability and environmental harmony of Okanogan County, as defined by this chapter, the board of Okanogan County commissioners may, by resolution, exempt any action or area of action by a federal, state, or Okanogan County agency from compliance with this chapter. (Ord. 2000-2 § 3, 2000).
18.04.150 Coordinating committee and subcommittee.
A basic premise of this chapter is that involvement by citizens is crucial to the preservation of their custom, culture, economic stability and protection and use of their environment. This is particularly true with respect to coordinating government regulation of land and natural resources use and private property rights.
A. In order to involve citizens in the monitoring and enforcement of compliance with the provisions of this chapter, there shall hereby be established the Okanogan County coordinating committee for federal and state actions affecting land and natural resources use (the “coordinating committee”), and the subcommittees thereof named below. The basic function of the coordinating committee and the subcommittees shall be to monitor federal and state actions and advise the county commissioners regarding compliance by such agencies with this chapter. Any amendments or changes to this chapter shall be reviewed and approved by both the appropriate subcommittee and the coordinating committee before submitting to the Okanogan County commissioners.
B. The members of the coordinating committee shall be the chair or an alternate of the following subcommittees, each of which shall have the chair, members, and specific duties designated by the board of Okanogan County commissioners from time to time in furtherance of this chapter:
1. Agriculture and livestock;
2. Timber and wood products;
3. Cultural resources;
4. Land acquisition and disposition;
5. Mining and minerals;
6. Clean air;
7. Water resources;
8. Research and data collection.
In furtherance of this chapter, the board of county commissioners may by resolution (1) expand or contract the number of members of the coordinating committee and any subcommittee, or (2) change the subcommittees or establish other subcommittees.
C. The board of county commissioners shall appoint on the first Monday of each year, or as soon thereafter as practical, the chair, vice-chair and other members of each subcommittee. Members of the coordinating committee and each subcommittee must be citizens of Okanogan County, over the age of 18 years, with terms of appointment as follows: Initially, members shall be appointed for one, two or three year terms; thereafter, terms shall be for a period of three years, staggered so that the terms of one-third of the members expire each year. Any person may be re-appointed at the pleasure of the county commissioners. The county commissioners may remove any person from a chair, vice-chair or membership position for cause and may fill vacancies as needed from time to time.
D. At its initial meeting the coordinating committee shall adopt operation procedures for itself and the subcommittees, which, along with any later amendments thereto, shall be subject to the approval of the county commissioners. To the extent required by law, the coordinating committee and subcommittees shall be subject to the Open Public Meetings Act (Chapter 42.30 RCW) and the Public Disclosure Act (Chapter 42.17 RCW).
E. When determining which citizens shall be appointed, the county commissioners shall consider the purpose of this chapter and the functions each subcommittee and the coordinating committee shall perform. While no specific criteria must be met, appointments should collectively reflect an expertise and involvement in the primary subject matter, and the broad diversity of the many aspects of the culture, custom, economy and environment of Okanogan County. (Ord. 2000-2 § 3, 2000).
18.04.160 Research and data collection.
A. In furtherance of the purposes of this chapter, Okanogan County has established a data base of information regarding the custom, culture, economic stability and environmental harmony of Okanogan County, and it is the intent of Okanogan County to maintain a research data base.
B. Amendments or changes to this chapter shall be made using the following procedure:
1. All proposed amendments and changes shall be submitted to the appropriate subcommittee for review and approval by a majority of the members of the subcommittee;
2. Approval of the proposed amendment or change is required by a majority of the members of the coordinating committee; and
3. Final approval must be made by the board of Okanogan County commissioners. (Ord. 2000-2 § 3, 2000).
18.04.170 Enforcement.
A. The county commissioners shall have the authority to request the prosecuting attorney to bring an action to enforce this chapter in any court of administrative tribunal of competent jurisdiction and to seek cumulative remedies, including any criminal or civil penalties allowed by law, equitable relief, and monetary compensation when the custom, culture, economic stability, the tax base, or the general welfare, health and safety of the citizens of Okanogan County is at issue.
B. Nothing in this chapter shall be construed to limit any remedy that any person may have under the laws of the state of Washington or of the United States. Every person, who under color of any law, statute, ordinance, regulation, custom or usage, of the United States or of the state of Washington, subjects, or causes to be subjected, any person within Okanogan County to the deprivation of any property rights secured by this chapter shall be liable to the person injured in an action at law, suit in equity or other proper proceeding for redress.
C. Any person, including public employees, alleging a violation of the private property rights protected by this chapter may, after exhausting all nonjudicial remedies, submit to the Okanogan County commissioners a written complaint which shall be processed in the following sequence:
1. Appropriate subcommittee;
2. Coordinating committee and, along with with comments;
3. Returned to the Okanogan County commissioners who may submit it to the prosecuting attorney.
D. Every person, who under color of law, statute, ordinance, regulation, or custom, willfully subjects any person within Okanogan County to the deprivation of any property rights secured or protected by this chapter shall be in violation of this chapter. (Ord. 2000-2 § 3, 2000).