Chapter 19.10
NOTICES AND ORDERS OF THE DIRECTOR
Sections:
19.10.010 Commencement of proceedings.
19.10.060 Supplemental notice and order.
19.10.070 Enforcement of a final order.
19.10.080 Settlement of civil penalty claims.
19.10.010 Commencement of proceedings.
A. Whenever the director has reason to believe that a use or condition exists in violation of any land use ordinance, or rules and regulations adopted thereunder, he/she is authorized to initiate enforcement action pursuant to CCC 19.05.045 and/or an administrative notice and order proceeding under this chapter to cause the enforcement and correction of each violation.
B. Pending commencement and completion of the notice and order procedure provided for in this chapter, the director is authorized to issue and post a “stop work order,” to be posted on the subject property or served on persons engaged in any work or activity in violation of a land use ordinance. The effect of such a “stop work order” shall be to require the immediate cessation of such work or activity until authorized by the director to proceed, and any person who fails or refuses to comply with the requirements of the stop work order shall, by each act, be subject to a civil penalty as provided in Table 19.05.045. All civil penalties assessed may be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or as authorized by law.
C. In addition to the remedies referred to in subsections (A) and (B) of this section, the director is authorized to refer any matter to the prosecuting attorney for civil action pursuant to this chapter. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.020 Notice and order.
Whenever the director has reason to believe that a nuisance, a violation of a land use ordinance or rules and regulations adopted thereunder will be most promptly and equitably terminated by an administrative notice and order proceeding, the director is authorized to issue a written notice and order directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation. The notice and order should be issued first against the violator, with a copy to the property owner, where the violator is not the property owner, e.g., tenant, unless the seriousness of violation demands filing against property owner. Such notice and order may be issued by the director alone or, where violations of more than one county ordinance, rule or regulation exist, in conjunction with a notice and order issued by another director. The notice and order shall be posted on the property and shall contain:
A. The street address when available and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;
B. A statement that the director has found the person to be in violation of a land use ordinance or that a nuisance exists on the property, with a brief and concise description of the conditions found to be in violation;
C. A statement of the corrective action required to be taken. If the director has determined that corrective action is required, the order shall require that all required permits be secured and the work physically commence within such time and be completed within such time as the director shall determine is reasonable under the circumstances;
D. A statement specifying the amount of any civil penalty assessed on account of the violation or nuisance and, if applicable, the conditions upon which assessment of such civil penalty are contingent;
E. Statements advising that:
1. If any required work is not commenced or completed within the time specified above, the director is authorized to proceed to abate the violation as authorized by CCC 19.05.055 and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation or responsible person who has failed to abate the nuisance; and
2. If any assessed civil penalty is not paid, the director will charge the amount of the penalty, and any costs of abatement undertaken pursuant to CCC 19.05.055, as a lien against the property and as a joint and separate personal obligation of any person in violation or failing to abate a nuisance; and
3. Failure to comply may result in civil penalties as set forth in CCC 19.05.045; and
F. A statement advising that the order shall become final unless, no later than 10 days after the notice and order are served, any person aggrieved by the order requests in writing an appeal before the appeals board. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.030 Method of service.
Service of the notice and order shall be made upon all persons identified in the notice and order either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested or if the address of any such person cannot reasonably be ascertained, then a copy of the notice and order shall be mailed to such person at the address of the location of the violation and the notice will be posted on the property. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the business day following the date of mailing. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.040 Appeals.
A. Any person aggrieved by the order of the director may request in writing within 10 days of the service of the notice and order an appeal hearing before the Columbia County appeals board. The request shall cite the notice and order being appealed and contain a brief statement of the reasons for seeking the appeal hearing. The method of appeal as provided in this title shall be sole and exclusive, and no appeal shall be had to the board from any determination rendered under the authority of this title.
B. The appeal hearing shall be conducted on the record and the appeals board shall have such rulemaking and other powers as were available to the director originally. Such appeal hearing shall be conducted within a reasonable time after receipt of the request for appeal. Written notice of the time and place of the hearing shall be given at least 10 days prior to the date of the hearing to each appealing party, to the director whose order is being appealed, and to other interested persons who have requested in writing that they be so notified.
C. All appeals shall be conducted in accordance with Chapter 10-08 WAC, Model Rules of Procedure. Should any conflict arise between the provisions of this title and the applicable sections of Chapter 10-08 WAC, the provisions of this title shall prevail.
For the purposes of this chapter, all references in the WAC to “agency” shall apply to the appeals board. In addition, the appeals board may promulgate and adopt such additional rules as are necessary for the conduct of a hearing.
D. Each party shall have the following rights, among others granted by law:
1. To call and examine witnesses on any matter relevant to the issues of the hearing;
2. To introduce documentary and physical evidence;
3. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
4. To impeach any witness regardless of which party first called him to testify;
5. To rebut evidence against him;
6. To represent himself or to be represented by anyone of his choice who is lawfully permitted to do so.
E. Following review of the evidence submitted, the appeals board shall make written findings and conclusions, and shall affirm or modify the order previously issued if he finds that a violation has occurred. The written decision of the appeals board shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties.
F. The appeal hearing before the Columbia County appeals board shall occur within 60 days following receipt of the written notice of appeal, unless the matter is continued at the discretion of the appeals board after receiving consent of all parties to the proceeding.
G. Whenever possible, the appeal from the director’s order shall be combined with any other appeal from county enforcement actions relating to the same subject matter and falling within the jurisdiction of the appeals board. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.050 Final order.
A. Any order duly issued by the director pursuant to the procedures contained in this title shall become final 10 days after service of the notice and order unless a written request for hearing is received by the appeals board within the 10-day period.
B. An order which is subjected to the appeal procedure shall become final 20 days after a 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.]
19.10.060 Supplemental notice and order.
The director is authorized at any time to add to, rescind in part, or otherwise modify a notice and order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notices and orders and contained in this title. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.070 Enforcement of a final order.
A. If, after any order duly issued by the 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, the director is authorized to:
1. Cause such person to be prosecuted under this title; and/or
2. Institute any appropriate action to collect a civil penalty assessed under this title; and/or
3. Abate the land use violation using the procedures of this title; and/or
4. 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
5. Pursue any other appropriate remedy at law or in equity under this title.
B. Enforcement of any notice and order of the director issued pursuant to this title shall be stayed during the pendency of any appeal under this title, except when the 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 director during the pendency of an appeal in superior court, upon the issuance of a temporary restraining order from the court authorizing those measures, 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. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]
19.10.080 Settlement of civil penalty claims.
The director is authorized to settle and compromise claims for civil penalties accruing pursuant to this chapter where such settlement is clearly in the interests of Columbia County; provided, that the director shall periodically report such settlements and compromises to the board. [Ord. 2017-05; Ord. 2017-01; Ord. 2015-01.]