Chapter 21.01
GENERAL PROVISIONS
Sections:
21.01.030 Severability and Validity.
21.01.040 Authority Designated.
21.01.010 Introduction.
(1) Title and Authority.
Title 21 of Yakima County Code (YCC) constitutes and may be cited as “Code Enforcement”. Title 21 is established under the authority of the Washington State Constitution and the Yakima County Board of Commissioner’s statutory general police powers granted at Chapter 36.32.120 (7) and (10) of the Revised Code of Washington (RCW). Further statutory authority is provided at RCW Ch. 35.80.030(1) and RCW Ch. 36.70.670; and as further authorized by the regulations contained within the International Building Codes (IBC), as adopted and amended by the State of Washington at RCW 19.27.040 and .050, and Yakima County in Yakima County Code (YCC) Title 13, Ch. 01.030.
(2) Purpose.
The purpose of this Title is to identify processes and methods to achieve compliance with the laws and regulations that Yakima County has adopted to promote and protect the health, safety and environment of all county residents. This Title declares certain acts to be violations and establishes both civil and criminal enforcement procedures and penalties for violations as authorized under state and county laws.
(3) Intent.
It is the intention of the County to actively pursue code compliance and to vigorously enforce all state and county laws and regulations regarding the use and maintenance of property; and to define and achieve abatement of public nuisances in order to protect the health, safety and welfare of the general public. These goals are to be pursued in a way that complies with all relevant constitutional requirements as well as state procedural and regulatory laws. This strategy is designed to achieve efficiency, code compliance and timely action that is generally consistent and uniform, recognizing that identical treatment of various compliance matters is not required. Voluntary compliance should always be the first priority but where compliance with official notices and offers of voluntary compliance do not resolve the violations this Title authorizes remedial action through any and all lawful means that may include, but are not limited to, criminal citations, civil infractions and any available equitable and legal action brought in either District or Superior Court, including actions for abatement.
(4) Organization.
The text of this Title is organized as follows:
(a) Title. This Title in its entirety is Title 21 of the Yakima County Code.
(b) Subtitles. Subtitles are numbered as 21.#, establish the major categories and start new Chapter number series.
(c) Chapters. Chapters are numbered as 21.##, with the second group of numbers representing the Chapter number, the first digit of which is the Subtitle number.
(d) Sections. Sections are numbered as 21.##.###, with the second group of numbers representing the Chapter number and the third group of numbers representing the Section number.
(e) Subsections. Subsections levels are indicated by alphanumeric characters in the following hierarchy: (1), (a), (i) and (A).
(Ord. 11-2019 (part), 2019).
21.01.020 Applicability
Yakima County Code Title 21 - Code Enforcement governs and incorporates the code enforcement provisions contained in the following County Titles, Chapters and sections of Yakima County Code:
(1) YCC Title 5, Chapter 5.06 – Licensing and Operation of Adult Entertainment Facilities;
(2) YCC Title 6, Chapter 6.20 – Public Nuisances;
(3) YCC Title 8, Chapter 8.04 – Abandoned Vehicles;
(4) YCC Title 8, Chapter 8.08 – Unlawful use of County Property;
(5) YCC Title 8, Chapter 8.46 – Fireworks;
(6) YCC Title 12, Chapter 12.10 – Stormwater and Drainage Authority;
(7) YCC Title 13 - Building and Construction;
(8) YCC Title 16, Chapter 16.04 – State Environmental Policy Act (Yakima County SEPA Rules);
(9) YCC Title 16B - Project Permit Administration;
(10) YCC Title 16C - Critical Areas Ordinance;
(11) YCC Title 16D – Shoreline Master Program;
(12) YCC Title 19 - Unified Land Development Code;
In addition, YCC Title 21 may apply to regulatory provisions of any County approval, license, permit, plat, short plat, site or other plan, SEPA decision, policy, adopted subarea plan or other official land use and development controls, together with any state regulations where the county is authorized to enforce or coordinate with agency enforcement activity.
(Ord. 11-2019 (part), 2019).
21.01.030 Severability and Validity.
If it should be found by a court of competent jurisdiction that any portion of this Title, is not authorized by any provision of state or county law, such a finding shall not affect the validity of the remainder of this Title. If any provision of this Title or its application to any person or circumstances is held invalid, then the rest of this Title or its application to other persons or circumstances shall not be rendered invalid.
(Ord. 11-2019 (part), 2019).
21.01.040 Authority Designated.
The Code Enforcement Official of the Division of the Yakima County Department of Public Services is hereby authorized and designated as the Official responsible for the enforcement of those Titles and provisions listed in Section 21.01.020, and is appointed as the public officer, as defined in RCW 35.80.020, with the authority to exercise such powers of enforcement as are authorized in this Title and all incorporated Titles. The Code Enforcement Official is hereby authorized as a limited commission law enforcement officer to direct and enforce the provisions of this Title and to assess appropriate penalties authorized by this Title. The Code Enforcement Official may designate employees within this Division to act on his or her behalf.
(1) In order to promote compliance with applicable code provisions, discourage public nuisances and promote public confidence in the consistent and appropriate enforcement of state and county laws, the Yakima County Code Enforcement Official or appropriate Reviewing Official, in response to field observations or written complaints, determine that violations of those Titles and Chapters set forth in Section 21.01.020 have occurred or are occurring, and is authorized to consider pursuing any or all of authorized remedial actions as they deem appropriate, including:
(a) Issuing notices and orders seeking compliance, assessing civil or criminal citations, assessing fines and penalties, and imposing liens to secure those costs incurred in enforcement;
(b) Entering into Voluntary Compliance Agreements with persons responsible for code violations;
(c) If needed, order work or use stopped at a site by means of a Stop Work Order or any other Notice or Order available to the Reviewing Official;
(d) Suspension, revocation, or modification of any permit or land use approval previously issued by the County, or recommendation of denial of a project permit application pursuant to this Title when other efforts to achieve compliance have failed;
(e) A written investigative report will accompany any referral to the prosecuting attorney’s office with a recommendation to pursue appropriate legal actions to obtain compliance with all notices and orders issued by the Code Enforcement Official. The investigative report will include all relevant violation information and exhibits, including statements and photographs.
(2) The assessment of the penalties and enforcement procedures set forth in this Title are not exclusive and are not intended to limit or restrict Yakima County from pursuing remedial action to enforce the provisions of the applicable Titles set forth in Section 21.01.020 in any other manner authorized by law or in equity.
(Ord. 11-2019 (part), 2019).
21.01.050 Definitions.
This Title incorporates the definitions listed in the codes referenced in the Applicability section under 21.01.020 and the words and phrases designated as follows:
CIVIL CODE VIOLATION means any act or omission contrary to any ordinance, resolution or regulation regulated by this title or an act or omission contrary to the conditions of any permit, notice and order, or stop work order issued pursuant to any such ordinance, regulation or resolution regulated by this title. Each civil code violation shall constitute a separate infraction for each and every day or portion thereof, during which a violation is continued.
CODE ENFORCEMENT OFFICIAL, as authorized under section 21.01.040, means the official who is charged with the administration and enforcement of this code, or any duly authorized representative.
COSTS OF SUCH DEMOLITION OR EMERGENCY REPAIRS means the costs of the demolition or repair of the structure less revenues obtained if salvage is conducted prior to demolition or repair. Costs shall include, but not be limited to, expenses incurred or necessitated related to: demolition or emergency repairs, such as asbestos survey and abatement if necessary; inspectors, testing agencies or experts engaged in connection with the demolition or emergency repairs; testing; surveys for other controlled or regulated materials to ensure compliance with all disposal, including landfill, regulations; title searches; mailing(s); postings; recording; and attorney fees for recovery of the cost of emergency repairs or to obtain or enforce an order by Yakima County Public Services and/or their representatives.
NUISANCE means any thing, condition, or conduct which significantly affects, injures, or endangers the comfort, repose, health or safety of others, is unreasonably offensive to the senses, or obstructs or interferes with the free use of property so as to interfere with or disrupt the free use of that property by any lawful owner or occupant. Yakima County Code Enforcement will enforce definitions of nuisances as defined in Title 13.11.020, applicable RCWs, and other applicable Yakima County Titles identified in YCC 21.01.020.
OWNER or RESPONSIBLE PARTY means any person, agent, operator, firm or corporation: having a legal or equitable interest in the property; or recorded in the official records of the state, county or municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court order; or renter(s), lessor(s) and other persons occupying or residing permanently or temporarily on the subject property.
REVIEWING OFFICIAL means Public Services Director, Administrative Official, Building Official, Code Enforcement Official, Health Department or the Board of County Commissioners, when engaged in any review or decision-making procedure under the provision of the Titles of Yakima County Code listed in Section 21.01.020.
(Ord. 11-2019 (part), 2019).