Chapter 19.05
GENERALLY

Sections:

19.05.010    Definitions.

19.05.020    Administration.

19.05.030    Declaration of intent.

19.05.040    Right of entry.

19.05.045    Civil penalty.

19.05.050    Citation.

19.05.055    Abatement.

19.05.060    Additional enforcement.

19.05.070    Special investigation.

19.05.010 Definitions.

“Administrator” as used in this title shall mean the individual representing Columbia County planning and building that conducts the administrative hearings regarding citations and appeal requests.

“Appeals board” as used in this title shall mean the individuals appointed by the director to oversee the appeal of citation charges.

“Board” as used in this title shall mean the Columbia County board of commissioners.

“Commercial/noncommercial ventures” as used in this title shall have the following meanings: Any person engaged in the development, management, sale, rental or use of property solely for the purpose of residential occupancy by such person or such person’s immediate family shall be deemed to be engaged in a noncommercial venture. All other persons shall be deemed to be engaged in commercial ventures.

“Director” as used in this title shall mean director of planning and building, or such other person as the board shall by ordinance authorize to utilize the provisions of this title and shall also include any duly authorized representative of such director.

“Land disturbing activity” as used in this title shall mean any activity that results in a change to the existing soil cover, both vegetative and non-vegetative, or existing soil topography. Land disturbing activities include, but are not limited to: demolition, construction, clearing, grading, filling or excavation.

“Land use ordinance” as used in this title shall include this title and any other existing or future ordinance or resolution of the county which regulates the use and development of land, including but not limited to zoning regulation, subdivision regulations, short subdivision regulations, signing regulations, land disturbing activity, erosion control and water quality regulations and all building, fire and construction codes. “Land use ordinance” shall also include any existing or future law of the State Legislature which regulates the use of and development of land, including but not limited to: the State Subdivision Law, Chapter 58.17 RCW; the Shorelines Management Act, Chapter 43.51 RCW; and the Solid Waste Management Act, Chapter 70.95 RCW. This title shall be construed as, and is intended to be enacted as, a regulation adopted pursuant to any such state law and pursuant to Art. II, Sec. 11, Washington State Constitution.

“Nuisance” as used in this title is defined as the commission of any unlawful act or the failure to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life or in the use of property. Nuisance is all encompassing, and can be used to describe the following:

1. “Vehicle nuisance” as used in this title is defined in conjunction with RCW 46.55.010(4) as meeting at least three of the following requirements: (a) is three years or older; (b) is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, 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.

2. “Odor nuisance” as used in this title is the existence of any strong or offensive odor at the property line, including but not limited to rotting or decaying fish, wild game, livestock, or other dead animals, rotting household garbage, animal manure, strong chemical smells, or any other odor that is deemed offensive to the general public.

3. “Burning nuisance” as used in this title is described as the burning of any plastics, rubber, or any materials or item causing noxious or toxic odors or heavy smoke. Natural vegetation including tree limbs, brush, grass clippings, garden refuse, agricultural stubble, or other “like” materials are exempt.

4. “Noise nuisance” as used in this title is described as the inadequately controlled and continuous noise that adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment.

5. “Building nuisance” as used in this title is defined in conjunction with Chapter 35.80 RCW as dwellings which are unfit for human habitation, and buildings, structures, and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of Columbia County.

6. “Salvage nuisance” as used in this title is defined as the outside accumulation of waste or trash including, but not limited to, various household materials, indoor furniture, household appliances, unused and/or damaged construction materials, mechanical materials, unused motors or large mechanical components, and more as discovered.

7. “Environmental nuisance” as used in this title is defined as any action, activity, or single act that directly interferes with CCC Title 16, Environment.

“Person” as used in this title shall include any natural person, organization, corporation or partnership and their agents or assigns.

“Public nuisance” as used in this title is defined as a nuisance which affects the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]

19.05.020 Administration.

The director is hereby authorized to utilize the procedure of this title in order to enforce any land use ordinance. The director of planning and building is hereby created a limited authority peace officer for purposes of executing the provisions of this chapter, and may deputize any employees of their respective departments to carry out their duties and functions with the same authority as that director. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]

19.05.030 Declaration of intent.

A. All violations of land use ordinances are determined to be detrimental to the public health, safety and welfare and are hereby declared to be public nuisances. All conditions which are determined by a director to be in violation of any land use ordinance shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means as provided herein.

B. The director shall have the power to render interpretations in order to clarify the application of provisions of the code. Such interpretations shall be in conformity with the intent and purpose of this code.

C. Any violation of the Columbia County Code not within the department of planning and building’s jurisdiction will be turned to the appropriate department and/or the Columbia County sheriff. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]

19.05.040 Right of entry.

Whenever necessary to make an inspection to enforce the provisions of any land use ordinance, or whenever the director has reasonable cause to believe that any building, structure, property or portion thereof is being used in violation of any land use ordinance, the director shall first seek permission to enter such building, structure, property or portion thereof at all reasonable times to inspect the same. If permission to inspect is denied by the owner or person in possession of property, or reasonable attempts to contact the owners or persons in possession are unavailing, the director shall have the authority to apply to a court of competent jurisdiction for an order authorizing entry upon the land for the performance of the inspection.

If the director issues an order requiring abatement and no appeal is taken from the order or the director prevails on appeal, the director shall first seek permission to enter the land and undertake abatement. If, however, permission to enter is denied, the director may apply to a court of competent jurisdiction for authority to enter the property in order to perform the abatement as provided in the director’s order. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]

19.05.045 Civil penalty.

In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who violates any land use or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids or abets such violation, shall be subject to a civil penalty as provided in Table 19.05.045. Each day the violation continues unabated may constitute a new violation. All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or as authorized by law.

Table 19.05.045

The penalties assessed against the violations are grouped for first and subsequent violations within any five-year period as follows:

Violation

First Violation

Subsequent Violation

Nuisance

$100

$250

Vehicle Nuisance

$100

$250

Odor Nuisance

$100

$250

Burning Nuisance

$250

$500

Noise Nuisance

$50

$100

Building Nuisance

$250

$500

Salvage Nuisance

$250

$500

Environmental Nuisance

$500

$1,000

Occupancy without Approval

$250

$500

Setback

$100

$250

Occupancy of Travel Trailer

$100

$250

Home Business/Occupation

$250

$500

Violation of Stop Work Order

$500

$1,000

All Other Violations

$250

$500

[Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.050.]

19.05.050 Citation.

A. Generally. In addition or as an alternative to any other judicial or administrative remedy provided herein or by law, the director or his/her designee is authorized, after investigation of the violation and consultation with the code enforcement supervisor or designee, to issue a citation imposing a penalty upon any person who creates or maintains a nuisance, violates any land use 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.

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.

B. Requirements of Citation.

1. A citation conforming to the requirements of this section may be used for all ordinance violations which occur in the unincorporated areas of Columbia County.

2. The citation shall contain the following information or blanks in which such information is entered:

a. Name of the person cited;

b. Name of the property owner;

c. Section of the ordinance or code violated;

d. 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;

e. The date and place at which the violation occurred and the date on which the citation was issued;

f. The place where the person cited can appeal to either an administrator or the appeals board and the time within which such appeal must be filed;

g. The penalty fixed for the violation by schedule;

h. The citation shall contain a certification, made under penalty of perjury, 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 Columbia County ordinance.

3. The reverse side of the citation shall contain the following in a form substantially as follows:

READ CAREFULLY

_________

(Name)

has been cited for a violation of a Columbia County ordinance

_______________.

(Title and Section)

You must do one of the following:

1. Mail to Columbia County Planning and Building, 114 South 2nd Street, Dayton, WA 99328-1341, 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 DEPARTMENT OF PLANNING AND BUILDING 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 ADMINISTRATIVE HEARING OR APPEALS BOARD 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 Columbia County Department of Planning and Building, 114 South 2nd street, Dayton, WA 99328-1341 to request a hearing within ten days from the date of this citation. The director will then set a time for an administrative hearing.

REQUEST FOR APPEAL

I, the undersigned, do hereby request an administrative or appeals board 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 19.20). FAILURE TO COMPLY MAY ALSO RESULT IN THE FILING OF CIVIL CHARGES.

IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (509) 382-4767 AND LEAVE A MESSAGE FOR THE DIRECTOR WHO WILL CONTACT YOU WITHIN 2 BUSINESS DAYS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL.

C. Procedures Governing Hearing.

1. Administrative Hearing. A citation may be amended by request during an administrative hearing. An administrative hearing shall be requested by the recipient of the citation, and if evidence or reasoning is sufficient, the citation will be amended. It shall be noted that one amended citation does not disqualify additional citations for subsequent violations of the same or different violations

2. Amendment. A citation may be amended at any time prior to a final ruling by the appeals board. A continuance shall be granted if the appellant satisfies the appeals board that additional time is needed to respond to the amended citation.

3. Hearing Dates. If the person cited requests an appeal hearing, pursuant to subsection (B)(2)(f) of this section, the department of planning and building shall fix a date and time for hearing within 60 days, and, unless notice is waived, shall notify the appellant at least 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 appeals board will issue a finding of violation against the appellant.

4. Penalties. At the discretion of the director or his/her authorized personnel, any penalty(ies) not paid within 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.

D. Settlement and Disposition of Penalties. The director or his/her 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 in any instance where a compromise settlement is negotiated.

E. Finality of Appeal. An order of the appeals board shall become final 20 days after mailing of the appeals board decision unless within that time period an aggrieved person initiates review by writ of certiorari in Columbia County superior court. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.055]

19.05.055 Abatement.

In addition or as an alternative to any other judicial or administrative remedy provided herein or by law, the director is authorized to order a land use ordinance violation to be abated.

The director is authorized to order any person who creates or maintains a nuisance, violation of any land use ordinance or rules and regulations adopted thereunder, to commence corrective work and to complete the work within such time as the director determines reasonable under the circumstances. The person, subject to the director’s order, shall either complete the corrective work or timely file an appeal pursuant to CCC 19.05.040. If the required corrective work is not commenced or completed within the time specified, the director may proceed to abate the violation and cause the work to be done, upon receipt, from a court of competent jurisdiction, of an order authorizing the same. The director or designee is authorized to seek an order from a court of competent jurisdiction allowing entry of the property of the person committing the violation for the purpose of abatement of said violation.

The actual cost of abatement, including incidental costs such as staff time, legal costs, costs of postage and any other reasonable costs shall be included as abatement costs.

The director is authorized to charge the costs thereof as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. All challenges to the reasonableness of the cost charged may be raised at such time as Columbia County undertakes a lien foreclosure. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.060]

19.05.060 Additional enforcement.

Notwithstanding the existence or use of any other remedy, the director is authorized to seek legal or equitable relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a nuisance, a violation of any land use ordinance or rules and regulations adopted thereunder. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.070]

19.05.070 Special investigation.

A. Whenever any work has been commenced for which a permit or approval is required by the land use ordinances of this code, without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.

B. An investigation fee, in addition to the permit or approval fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the permit or approval fee required by the applicable land use ordinance. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.080]