Chapter 16B.11
VIOLATIONS AND ENFORCEMENT
Sections:
16B.11.020 Authority and Application.
16B.11.010 Purpose.
The purpose of this Chapter is to promote compliance with permit decisions, conditions and this Title by establishing enforcement authority, defining violations, and setting standards for initiating the procedures set forth in this Title when violations of YCC Title 16B or applicable Titles listed in YCC 16B.01.020 occur. Notwithstanding other remedies in this chapter, any building or structure set up, erected, built, used, moved or maintained or any use of property contrary to the provisions of this Title or any Title of Yakima County Code listed in YCC 16B.01.020, shall be and the same is declared to be a public nuisance. The appropriate Reviewing Official may seek legal or equitable (including injunctive) relief or other forms of civil relief in superior court. The provisions of this chapter are completely supplemental to other provisions of Yakima County Code. Provisions of this chapter are neither an exclusive remedy nor a prerequisite for any other administrative or judicial action authorized by law.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).
16B.11.020 Authority and Application.
The Administrative Official is authorized to enforce the provisions of this Title, any implementing administrative rules and approval conditions attached to any project permit approval.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).
16B.11.030 Complaints.
Whenever a violation of this Title or any Title of Yakima County Code listed in YCC 16B.01.020 occurs or is alleged to have occurred, any person may file a written complaint. Such complaint stating fully the causes and basis thereof shall be filed with the Building Official. He shall record such complaint, investigate and in consultation with the Administrative Official take action thereon as deemed appropriate and as provided by this Title and/or YCC Title 13, as may be applicable; provided, however, that enforcement shall be undertaken for the benefit of the health, safety, and welfare of the general public and the environment and not for any particular person or class of persons.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).
16B.11.040 Violations.
(1) It is a violation of this Title for any person to initiate or maintain, or to cause to be initiated or maintained, any use, alteration, construction, location, or demolition of any structure, land, or property within Yakima County without first obtaining permits or authorizations required by this Code.
(2) It is a violation of this Title to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this Code.
(3) It is a violation of this Title to misrepresent any material fact in any application, plans, or other information submitted to obtain any project permit authorization.
(4) It is a violation for any person to fail to comply with provisions of this Code, to fail to comply with the terms or conditions of a permit issued pursuant to this Title, or to fail to comply with any or all notices or orders issued pursuant to this Code.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).
16B.11.050 Penalties.
(1) Any person, firm or corporation violating any of the provisions of this Title or any Title of Yakima County Code listed in YCC 16B.01.020, including the provisions of the various Codes adopted by reference therein, or failing to comply therewith, or violating or failing to comply with any order or decision issued or made pursuant to any provisions of said Codes shall severally and for each and every violation and non-compliance respectively, be guilty of a misdemeanor or shall be subject to a civil infraction as provided for by Chapter 7.80 RCW, YCC Title 13.25 or any other remedy provided by law and, further, such violation shall constitute a public nuisance. Any person so convicted of a misdemeanor shall be punished for each offense by a fine of not more than ONE THOUSAND DOLLARS ($1,000.00) or by imprisonment for not more than NINETY (90) days, or by both such fine and imprisonment. Each day, or any portion thereof, after written notice of a violation has been issued shall be considered a separate offense.
(2) The owner or tenant of any building, structure, premises or part thereof, and any architect, builder, contractor, agent or other person who commits, participates in, assists in or maintains such violation, after being notified of such violation, may each be found guilty of a separate offense and suffer the penalties provided in this Section and YCC Title 13.
(3) In addition to the penalties described in this Chapter and YCC Title 13, actions that can be taken by the County include, but are not limited to: withholding any and all permits for development or land division, unless said permit or application is directly related to a proper remedy of the violation; assessing double fees for all permits and applications necessary to remedy the violation; notifying by certified mail all property owners of record of the violation and remedies required to abate the violation; abating or otherwise causing the violation to be removed with a lien filed against the property to recover costs; or other such action as may be needed to enforce this code. A violation of this or other County ordinances or state law found to exist on the property may also be considered sufficient grounds for denial of an application by the County if the proposed application cannot and does not remedy the violation. Actions under this Chapter may be taken in any order deemed necessary or desirable by the County to achieve the purpose of this Chapter. The Administrative Official may call upon any appropriate County officials or departments to assist in enforcing this Chapter.
(4) Where it is clear to the Administrative Official that a proposed land division or other permit application filed to remedy the violation(s) is clearly inconsistent with the Comprehensive Plans, the intent of the Zoning District or other provisions of County code or state law, the application shall be returned without processing and any fee refunded. Notwithstanding any contrary provisions of this Title regarding processing of applications and decisions and appeals related thereto, this determination of the Administrative Official shall not be appealable under the provisions of this Title.
(5) It shall be the affirmative duty of the County Prosecutor’s office to seek relief under this Chapter and YCC Title 13 for violations of Title 16B or any Title of Yakima County Code listed in YCC 16B.01.020. Nothing herein contained shall prevent the County Prosecutor’s office from taking such lawful action, legal and/or equitable, as is necessary to prevent or remedy any violation.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).
16B.11.060 Codes Preserved.
Except as otherwise inconsistent with this Chapter, the provisions of the Codes adopted by reference in this Title pertaining to violations shall remain in full force and effect.
(Ord. 5-2012 § 2 (Exh. A) (part), 2012).