Chapter 19.10
GENERAL PROVISIONS
Sections:
19.10.020 Declaration of public nuisance, misdemeanor.
19.10.025 Enforcement authority and administration.
19.10.035 Guidelines regarding responses to potential violations.
19.10.040 Investigating potential violations.
19.10.045 Enforcing civil code violations.
19.10.060 Representation by attorney.
19.10.065 Certificate of correction.
19.10.070 Limitation of liability.
19.10.080 Suspension or revocation of permit.
19.10.010 Applicability.
This title shall apply to enforcement actions under the following statutes, regulations, ordinances, or health officer directive, or health officer order(s) as they now exist, or as they may hereafter be amended:
(1) JCC Title 8, any statute, regulation, or ordinance listed in JCC 8.01.030, except:
(a) Suspension or revocation for any permit, license, or certificate listed in JCC 8.01.030;
(b) Stop work orders for any permit listed in JCC 8.01.030; and
(c) Notice to vacate issued under JCC 8.10.950.
(2) JCC Title 12, Chapter 12.05 JCC, Approaches to County Roads.
(3) JCC Title 15, Chapter 15.05 JCC, Building Codes.
(4) JCC Title 15, Chapter 15.15 JCC, Flood Damage Prevention.
(5) JCC Title 17, Master Planned Resorts – All chapters.
(6) JCC Title 18, Unified Development Code – All chapters.
(7) Any other statutes, regulations, ordinances, health officer directive, or health officer order(s) defined as a civil code violation pursuant to JCC 19.10.015(14). [Ord. 9-20 § 1 (Appx. A)]
19.10.015 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) “Abandoned vessel” has the same meaning as in RCW 79.100.010(1).
(2) “Abandoned or derelict vessel nuisance” means an abandoned vessel or a derelict vessel that has an adverse impact on public health and safety.
(3) “Abate” means to take steps to repair, replace, remove, destroy, or otherwise remedy a condition which constitutes a nuisance under this chapter by such means and in such a manner as are deemed necessary by the director in the interest of the public health and safety.
(4) “Act” means taking any action.
(5) “Adverse impact” means a condition that degrades public health and safety.
(6) “Aggrieved person” means a person subject to a decision by the director under this chapter and any other person when:
(a) The decision has prejudiced or is likely to prejudice that person;
(b) That person’s asserted interests are among those that the county was required to consider when the director made the decision; and
(c) A judgment or final decision in favor of that person would substantially eliminate or redress the prejudice to that person or entity caused or likely to be caused by the final decision.
(7) “Administrative hearings officer” means the health officer or a disinterested director, or their designee.
(8) “Attractive nuisance” means a condition that is detrimental to minors, whether in or on a building, on the premises of a building, or upon an unoccupied lot, which is left in any place exposed or accessible to children, including, but not limited to, unused or abandoned refrigerators, freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles; any structurally unsound or unsafe fence or building; any unsecured or abandoned excavation, pit, well, cistern, storage tank or shaft; and any lumber, trash, debris or vegetation which may prove a hazard for minors.
(9) “Automotive repair business” means a business that performs “automotive repair,” as defined in RCW 46.71.011(2).
(10) “Building” means any structure utilized or intended for supporting or sheltering any occupancy.
(11) “Building nuisance” means, in conjunction with Chapter 35.80 RCW, 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 that have an adverse impact on health and safety.
(12) “Burning nuisance” means the burning of any plastics, rubber, or any materials or item causing noxious or toxic odors. Natural vegetation including tree limbs, brush, grass clippings, garden refuse, agricultural stubble, or other like materials are exempt, unless burning these materials is prohibited under Chapter 173-425, 173-430 or 332-24 WAC.
(13) “Code compliance coordinator” means the Jefferson County staff member responsible for coordinating and enforcing ordinances, statutes, and regulations under this title.
(14) “Civil code violation” means and includes:
(a) Any act or omission contrary to any ordinance, resolution, regulation, health officer directive, or health officer order of the county that regulates or protects public health, safety, environment, or use and development or land or water, whether or not the ordinance is codified; or
(b) Any act or omission contrary to the conditions of any permit, notice of violation, notice of violation and order of abatement, or stop work order issued pursuant to any ordinance, resolution, regulation, health officer directive, or health officer order.
(c) For the avoidance of doubt, a civil code violation exists whether or not the ordinance, resolution, regulation, health officer directive, or health officer order is codified.
(15) “Condition” means a state of being.
(16) “County” means Jefferson County, Washington.
(17) “Critical areas” means critical areas as defined in RCW 36.70A.030(6), including critical aquifer recharge areas, geologically hazardous areas, fish and wildlife habitat conservation areas, frequently flooded areas, and wetlands, each as further delineated in Chapter 18.22 JCC. Per RCW 36.70A.030(6), “fish and wildlife habitat conservation areas” does not include such artificial features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie within the boundaries of and are maintained by a port district or an irrigation district or company.
(18) “Degrade” means to scale down in desirability or salability, to impair with respect to a condition.
(19) “Director” means: (a) the elected official, county department head, or county officer responsible for enforcing a civil code violation; (b) the health officer, as defined in JCC 19.10.015(27) or their designee; (c) authorized representatives of the director, including compliance officers and inspectors whose responsibilities include the detection and reporting of civil code violations; and (d) any designee of the board of health or the board of county commissioners empowered to enforce violations of this chapter.
(20) “Disinterested director” means a director of a county department whose department is not closely involved in the ongoing code compliance enforcement action.
(21) “Department” means the county department responsible for enforcing the civil code being violated.
(22) “Derelict vessel” has the same meaning as in RCW 79.100.010(5).
(23) “Development” means the alteration, demolition, enlargement, erection, maintenance or use of any structure or the alteration or use of any land above, at or below ground or water level, in a manner authorized by law.
(24) “Emergency” means a situation which, in the opinion of the director, requires immediate action to prevent or eliminate substantial and immediate adverse impact to the public health and safety.
(25) “Final decision” means:
(a) A voluntary compliance agreement entered into pursuant to JCC 19.15.015, unless a notice of noncompliance has been issued under the voluntary compliance agreement;
(b) A decision pursuant to JCC 19.15.015, 19.20.010, or 19.20.020, unless a timely request for an administrative hearing has been made;
(c) A decision pursuant to JCC 19.25.010(5) or 19.25.015(2), unless a timely request for a hearing has been made;
(d) A decision pursuant to JCC 19.25.010(7), when there has been a timely request for a hearing after a decision under JCC 19.25.010(5);
(e) A decision pursuant to JCC 19.25.015(3);
(f) A decision pursuant to JCC 19.35.015, when there has been a timely request for an administrative hearing after a decision under JCC 19.20.010, 19.20.015, or 19.20.020 or when a notice of noncompliance has been issued under a voluntary compliance agreement entered into pursuant to JCC 19.15.015;
(g) A decision pursuant to JCC 19.35.045, when there has been a timely request for a hearing examiner appeal after a decision under JCC 19.35.015;
(h) A decision pursuant to JCC 19.40.015, when there has been a timely request for a hearing examiner appeal after a decision pursuant to JCC 19.20.015, 19.25.010(5), or JCC 19.25.015(2).
(26) “Found violation” means: (a) a notice of violation, stop work order, notice of violation and order of abatement, or notice of noncompliance with a voluntary compliance agreement, that has not been timely appealed; (b) a voluntary compliance agreement; or (c) the administrative hearings officer or the hearing examiner has determined that the violation has occurred and the final decision has not been stayed or reversed on appeal.
(27) “Health officer” means a legally qualified physician who has been appointed as the health officer for Jefferson County under RCW 70.05.070 or their designee.
(28) “Hearing examiner” means an examiner under Chapter 2.30 JCC who is authorized to handle the administrative remedies and hearing examiner appeals authorized by this title.
(29) “Hulk hauler” has the same meaning as in RCW 46.79.010(4).
(30) “Immediate adverse impact” means an adverse impact to public health and safety that could occur within a short period of time.
(31) “Inoperative vehicle” means a vehicle which: (a) has been in stationary position for more than 60 days; (b) appears to be unable to operate or move; (c) needs repairs to be operable; or (d) is unable to move a distance of 20 feet under its own power on a flat surface.
(32) “JCC” means the Jefferson County Code, as it now exists or is later amended.
(33) “Junk vehicle” has the same meaning as in RCW 46.55.010(5). However, “junk vehicle” does not include a vehicle or part thereof that is stored entirely within a building in a lawful manner where it is not visible from the street or other public or private property, or a vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed vehicle wrecker or licensed vehicle dealer and is fenced according to the requirements of RCW 46.80.130.
(34) “Land-disturbing activity” means any activity that results in a change to the existing soil cover, both vegetative and nonvegetative, or existing soil topography. Land-disturbing activities include, but are not limited to: clearing, construction, demolition, excavation, filling, or grading.
(35) “Mitigate” means to take measures, subject to county approval, to minimize the harmful effects of a violation where remediation is either impossible or unreasonably burdensome.
(36) “Nuisance” includes: (a) conditions meeting the definition in RCW 7.48.120, that are public nuisances; and (b) each of the conditions determined to be nuisances pursuant to RCW 36.32.120(10) by the board of county commissioners, namely: (i) abandoned or derelict vessel nuisances; (ii) attractive nuisances; (iii) building nuisances; (iv) burning nuisances; (v) civil code violations; (vi) other nuisances declared by the board of county commissioners or the board of health and which are codified in the JCC; (vii) public right-of-way nuisances; (viii) salvage nuisances; and (ix) vehicle nuisances.
(37) “Omission” means a failure to act.
(38) “Or” means both “or” and “and/or.”
(39) “Other declared nuisances” means nuisances declared elsewhere in the Jefferson County Code as declared under RCW 36.32.120(10).
(40) “Person” means person as that term is defined in RCW 1.16.080.
(41) “Person responsible” means a person who caused the alleged civil code violation or nuisance, if that can be determined, or the lessor, owner, tenant or other person entitled to control, use or occupy, or any combination of control, use or occupy, property where a civil code violation or nuisance occurs, or both.
(42) “Public health and safety” means the public health, safety or welfare and the protection of the environment and includes protection of the comfort, repose, security or safety of persons or property from conditions that: (a) annoy, injure or endanger the repose, health or safety of others; (b) degrade the environment; (c) unlawfully interfere with, obstruct or tend to obstruct any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; (d) in any way render other persons insecure in life, or (e) in the use of property are inconsistent with public health and safety.
(43) “Public nuisance” has the same meaning as in RCW 7.48.130.
(44) Public Right-of-Way Nuisance. Personal property or solid waste belonging to an evicted tenant which has been placed onto the public right-of-way pursuant to a court-ordered eviction per RCW Title 59 and not removed within 24 hours is a nuisance.
(45) “RCW” means the Revised Code of Washington, as it now exists or is later amended.
(46) “Registered tow truck operator” has the same meaning as in RCW 46.55.010(7).
(47) “Remediation” means to restore a site to a condition that complies with critical areas or other regulatory requirements as they existed when the nuisance occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose an immediate adverse impact to the public health and safety.
(48) “Repeat civil code violation” means a civil code violation of the same regulation by the same person or property owner for which voluntary compliance previously has been sought, a notice of violation has been issued, or a notice and order of abatement has been issued, within the immediately preceding 24-consecutive-month period.
(49) “Repeat nuisance” means a nuisance of the same regulation by the same person or property owner for which voluntary compliance previously has been sought, a notice of violation has been issued, or a notice and order of abatement has been issued, within the immediately preceding 24-consecutive-month period.
(50) “Salvage nuisance” means the outside accumulation of solid waste or materials that have an adverse impact on public health and safety.
(51) “Solid waste” has the same meaning as in RCW 70A.205.015(22).
(52) “Scrap” means any manufactured metal or secondhand vehicle parts useful only as material for reprocessing.
(53) “Scrap processor” has the same meaning as in RCW 46.79.010(2).
(54) “Screened” means not visible from any portion or elevation of any neighboring or adjacent public or private property, easement, or right-of-way.
(55) “Secondhand vehicle part” means any secondhand vehicle part, including but not limited to a “core” as defined in RCW 46.80.010(1), or “major component part” as defined in RCW 46.80.010(4).
(56) “Substantially prevails” means the party which is meritorious on the substance of the relief that is granted to the parties. If each party prevails on the merits on the substance of the relief that is granted then there shall be no substantially prevailing party.
(57) “Vehicle” means every device capable of being moved upon a highway and in, upon, or by which any person or property is or may be transported or drawn upon a highway. “Vehicle” shall include but shall not be limited to automobiles, motorcycles, trucks, buses, motorized recreational vehicles, campers, travel trailers, and boat trailers. “Vehicle” does not include devices moved by human or animal power, or used exclusively upon stationary rails or tracks.
(58) “Vehicle dealer” has the same meaning as in RCW 46.70.011(17).
(59) “Vehicle nuisance” means a vehicle nuisance as described in JCC 19.25.010.
(60) “Vehicle wrecker” has the same meaning as in RCW 46.80.010(5).
(61) “Violation” means a violation of this chapter.
(62) “WAC” means the Washington Administrative Code, as it now exists or is later amended.
(63) “Work” means an act or omission resulting in development or a land disturbing activity.
(64) “Wrecked vehicle” has the same meaning as in RCW 46.80.010(6). [Ord. 9-20 § 1 (Appx. A)]
19.10.020 Declaration of public nuisance, misdemeanor.
(1) All civil code violations consistent with JCC 19.10.015(14) are hereby determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances, which may be subject to abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter amended.
(2) All nuisances as defined under JCC 19.10.015(36) are hereby determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances, which may be subject to abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter amended.
(3) Any person who knowingly causes, aids, or abets a civil code violation or nuisance by any act of commission or omission is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or imprisonment in a county jail for not more than 90 days. Each calendar week (seven days) such violation continues shall be considered a separate misdemeanor offense. The preference in this title is for voluntary compliance and civil enforcement, whenever possible.
(4) The prosecuting attorney may at any time bring such additional injunctive, declaratory, criminal, or other actions as are necessary to enforce the provisions of the Jefferson County Code.
(5) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously. [Ord. 9-20 § 1 (Appx. A)]
19.10.025 Enforcement authority and administration.
(1) All conditions determined to be civil code violations or nuisances may be enforced pursuant to the provisions of this title except to the extent preempted by state or federal law, and except to the extent preempted by any contrary enforcement and penalty provisions contained in the ordinance being enforced.
(2) Authority. As a result of a determination that a civil code violation or a nuisance under this title exists, a director may:
(a) Issue notices of voluntary compliance as authorized by JCC 19.15.010;
(b) Enter into voluntary compliance agreements with persons responsible for the civil code violation or nuisance and issue notices of noncompliance if the persons responsible fail to comply with the terms of the voluntary compliance agreement as authorized by JCC 19.15.015(2)(a);
(c) Order work stopped at a site by means of a stop work order, as authorized by JCC 19.20.020;
(d) Issue notice of violations, assess monetary penalties and fines as authorized by JCC 19.20.010 and 19.30.010, and recover costs as authorized by JCC 19.30.020;
(e) For nuisances order abatement by means of a notice of violation and order of abatement; if not completed in a timely manner by the person responsible, undertake the abatement and charge the reasonable costs of such work as authorized by JCC 19.20.015, 19.30.010, and 19.30.020;
(f) Suspend, revoke, or modify any permit previously issued by the director or deny a permit application as authorized by the department when other efforts to achieve compliance have failed, except for any permit issued by any statute, regulation, or ordinance listed in JCC 19.10.080; and
(g) For de minimis violations, decide not to take enforcement action.
(3) All penalties and costs shall constitute a lien against the affected property. The director shall have the ability to enforce the liens under JCC 19.30.020(3).
(4) The director is authorized to issue a notice to title against the affected property when found violations remain uncorrected.
(5) The provisions of this chapter are not exclusive and may be used in addition to other enforcement provisions authorized by the RCW, WAC, or JCC.
(6) The provisions of this chapter shall not in any manner limit or restrict the county from remedying civil code violations or abating nuisances in any other manner authorized by law.
(7) This title shall not be construed to limit the authority of the county board of health in enforcement of the county health code or regulations. This title shall be used to enforce the statutes, regulations, or ordinances listed in JCC 19.10.010, unless the specific statute, regulation, or ordinance allows alternative enforcement authority.
(8) In addition to or alternative to using the procedures in this chapter, a director may seek legal or equitable relief to abate any nuisance or enjoin any acts or practices which constitute a nuisance.
(9) The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing a civil code violation or nuisance.
(10) The director shall send out regular bills for penalties and costs owing under this title. If penalties or costs remain unpaid 90 calendar days after they have been imposed (or, if appealed, 90 calendar days after final resolution of the appeal), the director is authorized to:
(a) Impose interest at six percent per annum; and
(b) Record a lien against the subject property.
(11) The provisions of this title detailing departmental administration of code compliance procedures are intended only for the purpose of providing guidance to Jefferson County employees and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged violation.
(12) The provisions of this title authorizing the enforcement of noncodified ordinances are intended to assure compliance with conditions of approval on permits or approvals which may have been granted pursuant to ordinances which have not been codified, and to enforce new regulatory ordinances which are not yet codified. Departments should be sensitive to the possibility that citizens may not be aware of these ordinances, and should give warnings prior to enforcing such ordinances, except that a stop work order may be issued any time when a civil code violation is found to be in progress. [Ord. 9-20 § 1 (Appx. A)]
19.10.030 Conference.
An informal conference may be conducted at any time by the director at their discretion and subject to available resources for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. [Ord. 9-20 § 1 (Appx. A)]
19.10.035 Guidelines regarding responses to potential violations.
It is the county’s policy to investigate and to attempt to resolve all potential code violations. At the discretion of the director, potential violations may be processed in any order that maximizes the efficiency of enforcement. However, at times when not all potential code violations can be investigated due to lack of resources or otherwise, the most serious potential violations should be addressed before less serious potential violations. The Code Compliance Rules of Procedure shall contain priorities of enforcement consistent with this section. [Ord. 9-20 § 1 (Appx. A)]
19.10.040 Investigating potential violations.
The director shall determine, based on information derived from such sources as field observations, the statements of witnesses, relevant documents, and available data systems, if the following elements have been established. All elements must be established to determine that a civil code violation or nuisance has occurred or is occurring.
(1) The director shall identify the person responsible as defined JCC 19.10.015(41);
(2) The director shall identify the specific provision of the relevant statute, regulation, ordinance, permit condition, notice and order, or stop work order that has been or is being violated; and
(3) The director shall determine whether there are reasonable grounds to believe that the acts or omissions that constitute the violation did occur or are occurring. Such grounds may be established either by personal observation or by reliable evidence from witnesses. [Ord. 9-20 § 1 (Appx. A)]
19.10.045 Enforcing civil code violations.
When a civil code violation has been established according to the provisions of JCC 19.20.010, the director may use the following guidelines in enforcing the violation. Failure to meet the following guidelines does not in any way prevent the director from enforcing the violation.
(1) Stop work orders should be issued promptly upon discovering a violation in progress.
(2) Except as provided in subsections (1) and (3) of this section, the director may issue a written warning, in the form of a notice of voluntary compliance, to the person determined to be responsible for code compliance. Notice of voluntary compliance may be mailed by regular mail, hand-delivered in person, or posted on the subject property. The notice of voluntary compliance shall inform the person determined to be responsible for code compliance of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this title.
(3) No notice of voluntary compliance need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases in which the violation creates a situation or condition that is not likely to be corrected within a short period of time, cases in which a stop work order is necessary, compliance cases started under Chapter 8.90 JCC before recodification of Chapter 8.90 JCC into this title, or if the person responsible knows or reasonably should have known that the action was a civil code violation.
(4) Notice of violations may be issued in cases where a monetary penalty is necessary to bring about corrective action, such as remediation or mitigation.
(5) Orders of abatement may be issued in cases where the person responsible has failed to abate the nuisance or the nuisance represents an immediate life safety threat. Orders of abatement authorize the county to abate the nuisance if the responsible person fails to abate the nuisance within the time authorized, unless the nuisance represents an immediate life safety threat. [Ord. 9-20 § 1 (Appx. A)]
19.10.050 Service of notices of voluntary compliance, notices of noncompliance, notices of violation, stop work orders, notices of violation and orders of abatement, and certificates of correction.
(1) Service of a notice of voluntary compliance, notice of noncompliance, notice of violation, stop work order, and notice of violation and order of abatement shall be made on a person responsible by one or more of the following methods:
(a) Personal service may be made on the person identified by the department as being responsible for the civil code violation or nuisance or by leaving a copy of notice at that person’s house of usual abode with a person of suitable age and discretion who resides there.
(b) Service directed to either the landowner or occupant of the property, or both, may be made by posting in a conspicuous place on the property where the civil code violation or nuisance occurred and concurrently mailing notice as provided for below, if a mailing address is available.
(c) Service by mail may be made by mailing two copies, postage prepaid, one by ordinary first-class mail and the other by certified mail, to the person responsible at the person’s last known address, at the address of the civil code violation or nuisance, or at the address of the person’s place of business. The taxpayer’s address as shown on the tax records of the county shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the nuisance occurred. However, a notice of voluntary compliance and certificate of correction may be sent solely by ordinary first-class mail to the person responsible at the person’s last known address, at the address of the civil code violation or nuisance, or at the address of the person’s place of business. All other communication may be sent via USPS first class mail or through electronic means.
(d) When the address of the person responsible cannot reasonably be determined, service may be made by publication once in a local newspaper with general circulation.
(e) Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made and, if by posting, the facts showing the attempts to serve the person personally or by mail.
(f) Service of a stop work order on a person responsible may be made by posting the stop work order in a conspicuous place on the property where the nuisance occurred or by serving the stop work order in any other manner permitted by this section.
(g) If the person responsible is a tenant, a copy of the notice, order, or other documents shall also be mailed to the landlord or owner of the property where the alleged civil code violation or nuisance is occurring.
(h) If the alleged civil code violation or nuisance involves a vehicle nuisance, notice shall be provided in accordance with JCC 19.25.010(6).
(i) Service by mail shall be deemed effective upon the third business day following the day of mailing.
(2) The failure of the director to make or attempt service on any person named in the notice of voluntary compliance, notice of noncompliance, notice of violation, stop work order, or notice of violation and order of abatement shall not invalidate any proceedings as to any other person duly served. [Ord. 9-20 § 1 (Appx. A)]
19.10.055 Right of entry.
(1) It is the intention of this title that any entry made to private property for the purpose of inspection for civil code violations or nuisances be accomplished in strict conformity with constitutional and statutory constraints on entry and the holdings of relevant court cases regarding entry. The right of entry granted by this chapter shall not supersede those legal constraints.
(2) The director is authorized to enter upon any property for the purpose of administering this chapter only if entry is consistent with the constitutions and laws of the United States and the state of Washington.
(3) If required by the constitutions and laws of the United States or the state of Washington, the director shall apply to a court of competent jurisdiction for a search warrant authorizing access to property for the purpose of administering this chapter. The court may upon such application issue the search warrant for the purpose requested. [Ord. 9-20 § 1 (Appx. A)]
19.10.060 Representation by attorney.
A person subject to proceedings under this title may appear on their own behalf or be represented by counsel. The prosecuting attorney represents the county and may, but is not required to, appear in any proceedings under this title. [Ord. 9-20 § 1 (Appx. A)]
19.10.065 Certificate of correction.
(1) It shall be the responsibility of the person responsible to bring the subject property into compliance with the statute, regulation, or ordinance. Payment of monetary penalties and costs, applications for permits, acknowledgment of stop work orders, and compliance with other remedies does not substitute for performing the corrective work required to bring the subject property into compliance.
(2) A violation shall be considered ongoing and daily penalties continue to accrue up to the date that the subject property has been brought into compliance with the statute, regulation, or ordinance, as determined by the director, and as evidenced by a written certificate of correction in the form of a letter issued by the director.
(3) A request for a certificate of correction shall be in writing on a form made available by the director and shall be submitted to the director. This request shall include the following:
(a) The address, legal description, and Jefferson County tax parcel number of the subject property;
(b) A declaration of corrective actions performed;
(c) Authorization for the director or his designee to enter and remain upon the subject property, during normal county business hours, to verify whether the subject property has been brought into compliance, in the form of written permission of the occupant or, if not occupied, the landowner; and
(d) Name, mailing address, and phone number of the person requesting the certificate of correction.
(4) The director shall issue a decision on a request for a certificate of correction in writing within 10 days of receipt of the written request and shall serve the same on the person responsible, the party requesting the certificate of correction, and the landowner of the subject property by mailing a copy of the same to the last known address of each party by first class USPS mail. The person effecting the mailing shall declare in writing the date and address the mailing was made. Service by mail shall be deemed effective upon the third business day following the day of mailing. The decision of the director on a request for a certificate of correction may be appealed pursuant to the appeal provisions of this title.
(5) The certificate shall include a legal description of the subject property, shall indicate the date on which daily monetary penalties ceased to accrue, and shall state if any unpaid monetary penalties and costs for which liens have been recorded are still outstanding and continue as liens on the subject property.
(6) A certificate of correction shall not constitute nor be considered a warranty, guarantee, or certification of any kind, express or implied, by Jefferson County as to the physical condition of the subject property. [Ord. 9-20 § 1 (Appx. A)]
19.10.070 Limitation of liability.
Any person determined to be responsible for code compliance pursuant to a notice or order shall be liable, jointly and severally, with all persons responsible for code compliance, for the payment of any and all monetary penalties and costs. However, if the landowner of the subject property affirmatively demonstrates that the action which resulted in the violation was taken without the landowner’s actual or constructive knowledge, the landowner shall be liable, jointly and severally with the person responsible, only for the costs of bringing the subject property into compliance with the Jefferson County Code. [Ord. 9-20 § 1 (Appx. A)]
19.10.075 Denial of permits.
The director shall not issue any permit or other development approval on a property subject to a stop work order, notice of violation, or notice of violation and order of abatement as long as the civil code violation or nuisance that is the subject of the stop work order, notice of violation, or notice of violation and order of abatement remains uncorrected, except that the director may issue such permits necessary to correct the violation or permits to preserve life or property. [Ord. 9-20 § 1 (Appx. A)]
19.10.080 Suspension or revocation of permit.
(1) The director may suspend or revoke any permit issued by that director whenever:
(a) The director has determined that permit holder has committed a found civil code violation or nuisance, as defined in JCC 19.10.015(14) or 19.10.015(36) in the course of performing activities subject to that permit; or
(b) The permit holder has failed to comply with the provisions of a notice of violation, notice of violation and order of abatement, stop work order, or voluntary compliance agreement.
(2) A suspension or revocation authorized by subsection (1) of this section shall be carried out through the notice of violation provisions within this title.
(3) Notwithstanding any other provision of this title, the director may immediately suspend operations under any permit by issuing a stop work order pursuant to the provisions of this title.
(4) Suspension or revocations of permits may be appealed within 15 days of receipt, pursuant to JCC 19.35.015.
(5) This section shall not apply to any statute, regulation, or ordinance listed in JCC 8.01.030. [Ord. 9-20 § 1 (Appx. A)]
19.10.090 Notice to title.
(1) Notice to Title. If the director finds that an owner has failed to comply with the requirements of this title, the director, after consultation with the prosecuting attorney, may record a notice of potential uncorrected violation finding on the title of the property with the Jefferson County auditor.
(2) Removal of Notice. The owner shall make written request to the director for rescission of the notice to title. The request shall specify corrective actions that have been completed.
(3) The director, upon determining that noticed violation has been corrected, shall record a rescission of notice with the Jefferson County auditor.
(4) The owner shall pay fees as required to complete inspection(s) to verify correction and to record the rescission prepared by the director. [Ord. 9-20 § 1 (Appx. A)]