32.04.055 Citation.
(1) Generally. In addition or as an alternative to any other judicial or administrative remedy provided herein or by law, a director or designee may, after investigation of the violation and consultation with the code enforcement supervisor or designee, issue a citation imposing a penalty upon any person who creates or maintains a nuisance, violates any land use or public health ordinance, or rules and regulations adopted thereunder, or by each act, commission or omission procures, aids, or abets such a violation. All persons authorized to issue citations shall be authorized by the director and a list of those authorized maintained by the office of the director, with copies provided to the board of commissioners.
All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or authorized by law.
(2) Requirements of Citation.
(a) A citation conforming to the requirements of this section may be used for all ordinance violations which occur in the unincorporated areas of Clark County.
(b) The citation shall contain the following information or blanks in which such information is entered:
(i) File number citation number;
(ii) Name of the person cited;
(iii) Name of the property owner;
(iv) Section of the ordinance or code violated;
(v) A brief description of the violation of which the person is charged in such manner as can be readily understood by a person making a reasonable effort to do so;
(vi) The date and place at which the violation occurred and the date on which the citation was issued;
(vii) The place where the person cited can appeal to a hearings examiner and the time within which such appeal must be filed;
(viii) The penalty fixed for the violation by schedule;
(ix) The citation shall contain a certification to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed a violation of a Clark County ordinance.
(c) In addition, the citation shall contain a notice to the person that the citation will be filed with the prosecuting attorney’s office.
(d) The reverse side of the citation shall contain the following in a form substantially as follows:
READ CAREFULLY
You have been cited for a violation of a Clark County ordinance. You MUST do ONE of the following:
1. Mail to Clark County, Code Enforcement Office, PO Box 9810, Vancouver, Washington 98668-9810, this citation, together with a check or money order in the amount of the penalty shown on this citation. THIS CITATION AND THE PAYMENT OF PENALTY MUST REACH THE CODE ENFORCEMENT OFFICE WITHIN THIRTY (30) DAYS OF THE DATE OF ISSUANCE OF THIS CITATION.
ADMISSION
I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an APPEAL HEARING and agree to pay the penalty prescribed for my violation.
_____________________
(Defendant’s Name)
2. File an appeal by signing the REQUEST FOR APPEAL and returning it to the Clark County Code Enforcement Office, 1300 Franklin, 3rd Floor, PO Box 9810, Vancouver, WA 98668-9810 to request a hearing within ten days from the date of this citation. The Code Enforcement Office will then set a time for a hearing.
REQUEST FOR APPEAL
I, the undersigned, do hereby request an appeal hearing for the violation charged on the other side of this citation. I am requesting an appeal because I do not believe I am in violation of the cited ordinance for the following reason(s). ______________________
(Appellant’s Name)
IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, A FINDING OF VIOLATION WILL BE ENTERED AND THE PENALTY MAY BE COLLECTED THROUGH THE LIEN PROCEDURE (CCC 32.16).
IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (360) 397-2375 Ext. 4184 AND LEAVE A MESSAGE FOR THE CODE ENFORCEMENT OFFICE WHO WILL CONTACT YOU WITHIN 24 HOURS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL. Regardless of whether you call, you must still timely pay the penalty or appeal.
(3) Procedures Governing Hearing.
(a) Amendment. A citation may be amended at any time prior to a final ruling by the hearings examiner. A continuance shall be granted if the appellant satisfies the hearings examiner that additional time is needed to respond to the amended citation.
(b) Hearing Dates. If the person cited requests an appeal hearing, pursuant to subsection (2)(b)(vii) of this section, the code enforcement office shall fix a date and time for hearing within sixty (60) days, and, unless notice is waived, shall notify the appellant at least twenty (20) days in advance of the hearing by certified mail or hand delivery, a notice of the date and time so fixed. The notice shall set forth a warning that, in the event that the appellant fails to appear, the hearings examiner will issue a finding of violation against the appellant.
(c) Penalties. At the discretion of the director of community development or his authorized personnel, any penalty(ies) not paid within thirty (30) days from the date of issuance of the citation may be placed as a lien against the property on which the violation has occurred pursuant to law.
(4) Settlement and Disposition of Penalties. The director or its designee is authorized to enter into negotiations with the parties, or their legal representatives named in an enforcement action involving any provision of this title for the collection of penalties, to negotiate a settlement, compromise or suspension, when to do so will be in the best interests of the county; provided; that a report shall be submitted to the board and the director of community development in any instance where a compromise settlement is negotiated. (Sec. 2 of Ord. 1995-04-22; amended by Sec. 1 (Ex. B) of Ord. 1999-11-08; amended by Sec. 1 of Ord. 2006-09-13)