Chapter 17A.360


17A.360.010    Generally.

17A.360.020    Misdemeanor.

17A.360.030    Abatement.

17A.360.040    Additional enforcement.

17A.360.050    Cost of enforcement action.

17A.360.010 Generally.

No structure, lot or area of land shall hereafter be used or occupied and no structure or part thereof shall be erected, moved, reconstructed, extended, enlarged or altered except in compliance with the provisions of this code. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.360.020 Misdemeanor.

It is unlawful for any person, firm, corporation or other organization whether as owner, lessee, subleasee or occupant to allow, use or maintain any building, structure, premises, land or portion thereof contrary to or in violation of any of the provisions of this code or its amendments. Each and every such violation or contrary act shall constitute a misdemeanor. Each misdemeanor may be punished by a maximum of 90 days in jail or a fine of $500.00 or by both such fine and imprisonment. There shall be an additional misdemeanor for each 30-day period during which the violation continues. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.360.030 Abatement.

All violations of this code are determined and declared to be detrimental to the public health, safety and welfare and public nuisances. All conditions which render any building, structure, premises, land use or portion thereof to be used or maintained in violation of this code shall be abated if provisions for their continuance made pursuant to this code are not satisfied. See OCC 17A.20.010 for definition of “Abatement of zoning violation.” (Ord. 2016-4 § 1 (Att. A), 2016).

17A.360.040 Additional enforcement.

A. Okanogan County declares violation of an official control of the county with respect to land use regulations of the county planning department or county health department to be a nuisance per se as that term is defined in Chapter 7.48 RCW.

B. Upon identification of a violation of an official control identified above, the county planning director may issue a notice of violation to the property owner and occupant of the property on which the violation is alleged to occur.

C. Within 20 days of the date of certified receipt or personal service of the notice to the recipient (or any of them if more than one), the recipient may file an appeal with the county hearing examiner who shall note an open record public hearing concerning the merits of the allegation and shall issue a written decision in accordance with county provisions in OCC 2.65.120 through 2.65.140.

D. Upon a finding of the examiner upholding the allegation, or upon failure of the recipients, or one of them, to file a timely appeal, the county planning director may issue an order to cease and desist and if necessary seek civil orders from the court to enforce the order as provided in Chapter 7.48 RCW.

E. Notwithstanding the existence or use of any other remedy, the county prosecuting attorney may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of this code or amendments to it. The prosecuting attorney, on behalf of Okanogan County, may collect the abatement work costs by use of all appropriate legal remedies.

F. The remedies herein are supplementary to any other remedies the county may have for such violations including remedies under RCW Title 9. (Ord. 2016-4 § 1 (Att. A), 2016).

17A.360.050 Cost of enforcement action.

In addition to costs and disbursements provided for by statute, the prevailing party in an action for abatement, a foreclosure action, or collection action under this code may, in the court’s discretion, be allowed interest and a reasonable attorney’s fee. The prosecuting attorney shall seek such costs, interest and the reasonable attorney’s fees on behalf of Okanogan County when the county is the party. (Ord. 2016-4 § 1 (Att. A), 2016).