Section 24.17.270 Enforcement.

24.17.270 Enforcement.

(1) The health officer:

(a) Shall enforce this chapter;

(b) May refer cases within their jurisdiction to the prosecutor’s office.

(2) When a person violates the provisions under this chapter, the health officer, code enforcement, or the prosecutor’s office may initiate enforcement or disciplinary actions, or any other legal proceeding authorized by law, including but not limited to any one (1) or a combination of the following:

(a) The health officer issue notice letter(s) advising of the violation and require correction actions;

(i) CCPH may record a Notice to Title to the property if the property owner fails to comply with notice letter(s).

(b) Informal administrative conferences, convened at the request of the health officer or owner, to explore facts and resolve problems;

(c) Issue orders directed to the owner and/or operator of the OSS and/or person causing or responsible for the violation of the rules of this chapter;

(d) Denial, suspension, modification, or revocation of permits, approvals, or certification;

(e) Civil action or criminal action; and

(f) Proceedings commenced pursuant to this section shall be governed by Title 32.

(3) Orders authorized under this section include the following:

(a) Orders requiring corrective measures necessary to effect compliance with this chapter which may include a compliance schedule; and

(b) Orders to stop work and/or abandon the property until all permits, certifications, and approvals required by rule or statute are obtained.

(4) Enforcement orders issued under this section shall:

(a) Be in writing;

(b) Name the person or persons to whom the order is directed;

(d) Specify any required corrective action, if applicable;

(e) Specify the effective date of the order and a period up to thirty (30) days for correction of the violation;

(f) Provide notice of the consequences of failure to comply or repeated violation, as appropriate. Such notices may include a statement that continued or repeated violation may subject the violator to:

(i) Denial, suspension, or revocation of a permit approval, or certification if violations are not corrected within the order’s stated timeline or agreed upon timeline between CCPH and the violating party or parties; and/or

(ii) Referral to the office of the county prosecutor; and/or

(iii) Other appropriate remedies;

(g) Provide the name, business address, and phone number of an appropriate staff person who may be contacted regarding an order.

(5) Enforcement orders shall be personally served in the manner of service of a summons in a civil action or in a manner showing proof of receipt.

(6) The health officer shall have cause to deny the application or reapplication for an operational permit or to revoke, suspend, or modify a required operational permit of any person who has:

(a) Failed or refused to comply with the provisions of this chapter, or any other statutory provision or rule regulating the operation of an OSS; or

(b) Obtained or attempted to obtain a permit or any other required certificate or approval by misrepresentation.

(7) For the purposes of subsection (6) of this section, a person is defined to include:

(a) Applicant;

(b) Reapplicant;

(d) Any individual associated with subsection (7)(a), (b) or (c) of this section including, but not limited to:

(i) Board members;

(ii) Officers;

(iii) Managers;

(iv) Partners;

(v) Association members;

(vi) Agents;

(vii) Third persons acting with the knowledge of such persons.

(8) Should any person refuse to allow the health officer to enter onto property for the purpose of enforcing these rules and regulations, the health officer may, with the assistance of the prosecuting attorney, present an affidavit, naming the person so refusing, the property involved and the reason entry is necessary, to the Clark County district court from which an authorizing warrant may issue.

(9) Any violation of this chapter, or as amended, is a misdemeanor as defined by RCW 9A.04.040. (Sec. 28 of Ord. 2007-10-01; amended by Sec. 24 of Ord. 2021-11-05)