Chapter 21.03
NOTICES

Sections:

21.03.010    Noticing Procedures.

21.03.020    Notice of Violation and Orders.

21.03.030    Supplementation, Revocation, Modification.

21.03.040    Voluntary Compliance Agreements.

21.03.050    Administrative Conference.

21.03.060    Compliance with Notices and Orders.

21.03.070    Filing of Certificate of Violation with the County Auditor.

21.03.010 Noticing Procedures.

If the Yakima County Code Enforcement Official or his or her designee has determined that a violation has occurred, the violation shall be documented and notice of it given as follows:

(1)    A notice, as set forth under Section 21.03.020 shall be issued in writing when a field inspection reveals a violation, or as soon as the County otherwise determines a violation has occurred. The notice shall inform the Owner or Responsible Party of the violation and set a deadline that will allow the Owner or Responsible Party an opportunity to correct it or to enter into a voluntary compliance agreement pursuant to this Title.

(a)    A notice and order represents a determination that a code violation has occurred, that the cited party is the person responsible for code compliance, and that the violations set out in the notice and order require abatement as specified in the notice and order.

(b)    Failure to correct the code violation by the deadline and in the manner prescribed by the notice and order subjects the person to whom the notice and order is issued and the property in question to any of the compliance remedies provided in this title, including:

(i)    Civil penalties prescribed in the notice and order;

(ii)    A requirement that abatement, remediation and/or mitigation be performed;

(iii)    Permit suspension, revocation, modification, and/or denial as prescribed by this chapter; and/or

(iv)    Abatement by Yakima County Public Services and/or their Representative and recovery of the costs of abatement according to the procedures described in this code.

(c)    Property owners identified in the notice and order as responsible for code compliance may appeal the notice and order in writing within fourteen days according to the procedures described in this code and in any rules promulgated concerning the appeal process.

(d)    Issuance of a notice and order does not limit in any way the Code Enforcement Official’s authority to issue a citation or stop work order in the same matter.

(2)    Any notice under this section may be waived by the Code Enforcement Official and/or by the Reviewing Official in circumstances such as:

•    Emergencies,

•    Repeat violations,

•    Violations that are already subject to a Voluntary Compliance Agreement,

•    Situations where the violation creates or has created a serious life or public safety condition that is not likely to be corrected within 72 hours,

•    Cases where a Stop Work Order is necessary to protect life or public safety, or

•    When the person responsible for the code violation reasonably should have known, that the action was a code violation.

(3)    When evaluating the status of a code violation, the Code Enforcement Official will take into consideration the guidelines listed under Section YCC 21.02.030 and may consider a number of relevant factors and criteria, including but not limited to the severity of the public impact, the time and cost required to abate the nuisance violation, the likelihood of cost recovery of abatement, and the County resources available to abate the nuisance violation.

(4)    All notices shall specify a time frame for compliance of the violation, provided that the initial amount of time for correction shall not be longer than 30 days. A notice or order shall be issued in the event the violation is not corrected in the time period specified in the notice.

(Ord. 11-2019 (part), 2019).

21.03.020 Notice of Violation and Orders.

As set forth in YCC Section 21.01.040, the Code Enforcement Official, or his or her designee, are authorized to serve a notice of a violation or notice and order on the Owner or Responsible Party. The notice shall contain an order directing the discontinuance of the activity, action or conditions creating the violation, and requiring compliance with the notice and/or order.

(1)    Types of Notices and Orders.

(a)    Notices Used for All Types of Violations;

(i)    Stop Work Order - an initial notice to cease activity until the appropriate authorizations have been obtained by the appropriate permitting agency;

(ii)    Investigation Report – Used by Code Enforcement staff for nuisance properties as a first notice which explains the nuisance ordinance and describes corrective measures that need to be taken in an effort to obtain voluntary compliance;

(iii)    Violation Notice – These notices are issued for general violations of County Code (e.g., voluntary compliance agreement);

(iv)    Correction Notice – These notices are generally used by the Code Enforcement or Building Division staff to list items not conforming to County Code;

(v)    Correction Order – These notices are issued when other notices or actions have failed to correct a violation and/or the violation is serious or extensive (e.g., Notice of Violation and Order to Correct, Nuisance Notice and Order, etc.)

(vi)    Final Notice – These notices are Yakima County’s last attempt to gain compliance prior to issuance of a civil infraction or other legal action;

(vii)    Or, any other notice deemed appropriate by Code Enforcement for the effective resolution of the particular code violation.

(2)    Form.

(a)    Official notices or orders shall:

(i)    Be in writing.

(ii)    Include a description of the real estate, and/or tax identification (parcel) number where the violation is located sufficient for identification.

(iii)    Include a statement of the violation or violations and why the notice is being issued.

(iv)    Include a correction order specifying a deadline for corrective actions such as:

(A)    Discontinuance of the unlawful activity, action or condition which is in violation of the provisions of the codes adopted by this title, or

(B)    Completion of repairs and improvements required to bring the building or structure into compliance with the provisions of the codes adopted by this title, or

(C)    Obtaining such permits and approvals will be required to be in compliance with governing regulations or statutes, or

(D)    Taking such action as ordered to resolve an unsafe or dangerous condition or activity.

(E)    Any combination of the listed corrective actions or others necessary to achieve compliance and protect the public health, safety.

(b)    Include a statement that the property owner, person, firm, corporation, or other responsible party, may enter into a voluntary correction agreement with Yakima County.

(c)    Include a statement that the Code Enforcement Official, his or her designee, will issue or cause to be issued a Civil Infraction, a monetary penalty, a citation, or may institute appropriate proceedings at law or in equity as provided in the codes referenced by this Title, if the property owner, person, firm, corporation, or other responsible party, does not comply with the notice and/or order.

(d)    Include a statement that the Code Enforcement Official may issue a notice of abatement if the property owner, person, firm, corporation, or other responsible party, does not comply with the notice.

(e)    Inform the property owner, person, firm, corporation, or other responsible party, of the authority granted to Yakima County to seek abatement of the violation.

(f)    Include a statement of the authority of the Code Enforcement Official, his or her designee, to file a lien in accordance with the provisions of this Title and YCC Chapter 13.11 Section 106.3.

(3)    Method of service.

Such notice shall be deemed to be properly served if a copy thereof is:

(a)    Posted on the property containing the violation, with an Affidavit of Service; or

(b)    Sent by certified and first-class mail addressed to the last known address of the property owner, person, firm, corporation, or other responsible party; or

(c)    If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

(d)    If the whereabouts of any persons with an interest in the property or responsibility for the property is unknown and the same cannot be ascertained by the Code Enforcement Official in the exercise of reasonable diligence, then the Code Enforcement Official may serve the notice or order in accordance with methods a and/or b above. This method of service shall require an Affidavit of Service. The Affidavit of Service shall include the facts showing the efforts used in attempting to serve the person personally or by mail.

(4)    Unauthorized tampering.

Signs, tags, seals, notices, or placards posted or affixed by the Code Enforcement Official, or his or her designee, shall not be mutilated, destroyed or tampered with, or removed without authorization from the Code Enforcement Official, or his or her designee. Persons tampering with signs, tags, seals, notices, or placards posted or affixed by the Code Enforcement Official, or his or her designee, may be issued Civil Infractions.

(Ord. 11-2019 (part), 2019).

21.03.030 Supplementation, Revocation, Modification.

(1)    Whenever there is new information or a change in circumstances, the Code Enforcement Official, or his or her designee may add to, rescind in whole or part or otherwise modify a notice and/or order by issuing a supplemental notice and order. The supplemental notice and order shall be governed by the same procedures applicable to all notice and orders as set forth in Section 21.03.020.

(2)    The Code Enforcement Official, or his or her designee may revoke or modify a notice and order issued under this Title if the original notice and order was issued in error or if a party to an order was incorrectly named. The revocation or modification shall identify the reasons and underlying facts for revocation.

(Ord. 11-2019 (part), 2019).

21.03.040 Voluntary Compliance Agreements.

The use of a Voluntary Compliance Agreement made under this section is a preferred corrective alternative to be used/promoted by the Code Enforcement Official. The procedures for their use are as follows:

(1)    Authority.

Whenever the Code Enforcement Official, or his or her designee, determines that a code violation has occurred or is occurring, the Code Enforcement Division in appropriate cases may make reasonable efforts to secure voluntary compliance from the person responsible for code compliance. Upon contacting the person responsible for code compliance, the Code Enforcement Official may enter into a Voluntary Compliance Agreement as provided for in this section.

(a)    Voluntary Compliance Agreement may be entered into at any time after issuance of a written notice, a Civil Infraction, a Notice and Order or a Stop Work Order.

(b)    The Voluntary Compliance Agreement is a commitment and a binding agreement between the County and with the person responsible for code compliance under which the person agrees to do any combination of actions to abate the violation, remediating the site or mitigating the impacts of the violation. It must be definite in its terms and commits both the responsible person and Yakima County to a course of action or forbearance of action in return for compliance with the notice and order.

(2)    Form.

The Voluntary Compliance Agreement shall include the following:

(a)    The name and address of the person responsible for code compliance;

(b)    The address or other identification of the location of the violation;

(c)    A description of the violation and a reference to the provision or provisions of the ordinance, resolution or regulation that has been violated;

(d)    A description of the necessary corrective action to be taken and identification of the date or time by which it must be completed. For the purpose of this subsection, the Code Enforcement Official may either require that compliance be achieved by a specific date or that compliance be achieved by a date to be determined based on the occurrence of some future event;

(e)    The amount of the civil and monetary penalty that will be imposed pursuant to Yakima County Code if the Voluntary Compliance Agreement is not satisfied;

(f)    An acknowledgment that the Voluntary Compliance Agreement will be recorded against the property in the County Auditor’s office;

(g)    An acknowledgment that if the Code Enforcement Official determines that the terms of the Voluntary Compliance Agreement are not met, the Code Enforcement Division will, without issuing a Civil Infraction, Notice and Order or Stop Work Order, impose any remedy authorized by this Title, which includes but is not limited to the assessment of the civil and monetary penalties identified in the Voluntary Compliance Agreement, correction of the violation, assessment of County costs and expenses necessitated by County pursuit of code compliance and to abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit;

(h)    An acknowledgment that if any assessed penalty, fee or cost is not paid, the County will charge the unpaid amount as a lien against the property where the civil code violation occurred, and that the unpaid amount may be a joint and several personal obligations of all persons responsible for code compliance;

(i)    An acknowledgment that by entering into the Voluntary Compliance Agreement the person responsible for code compliance thereby admits that the conditions described in the Voluntary Compliance Agreement exist and constituted a civil violation; the person is subject to and liable for any remedy authorized by this Title, which includes the assessment of the civil and monetary penalties identified in the Voluntary Compliance Agreement, correction of the violation, assessment of the costs incurred by the County to pursue code compliance and to Abate the violation, including legal and incidental expenses, and the suspension, revocation or limitation of a development permit; and

(3)    Time Limits.

(a)    The Code Enforcement Official, or his or her designee, will prescribe a deadline for compliance as part of every Voluntary Compliance Agreement.

(b)    An extension of the deadline for compliance or a modification of the required corrective action may be granted by the Code Enforcement Official, his or her designee, if the person responsible for code compliance has shown due diligence or substantial progress in correcting the violation.

(4)    Failure to Meet the Terms of the Voluntary Compliance Agreement.

If the Code Enforcement Division determines that terms of the Voluntary Compliance Agreement are not completely met by the prescribed time limit, the Code Enforcement Official, or his or her designee, will proceed with further code enforcement actions as stated in Subsection (2)(g-i) above. Penalties imposed when a Voluntary Compliance Agreement is not met accrue from the date the Code Enforcement Official takes action after the time limit listed in the Agreement expires.

(Ord. 11-2019 (part), 2019).

21.03.050 Administrative Conference.

An informal administrative conference may be conducted by Code Enforcement staff at any time for the purpose of facilitating communication among principals or noticed parties and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences.

(Ord. 11-2019 (part), 2019).

21.03.060 Compliance with Notices and Orders.

After any order of the Code Enforcement Official, or other responsible official, made pursuant to this code shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is in violation of this code and any of the enforcement actions provided for in this Title may apply. The Code Enforcement Official may refer the matter to legal counsel for appropriate action to obtain compliance.

(Ord. 11-2019 (part), 2019).

21.03.070 Filing of Certificate of Violation with the County Auditor.

A certificate may be filed with the County Auditor. The certificate shall describe the nature of the violation, a property description, the taxation parcel number or numbers of the affected property, and a reference to the enforcement action case number. Upon compliance with the violation, a certificate of compliance shall be filed with the County Auditor stating that the notice and order have been satisfied and the enforcement action completed. The filing costs shall be paid by the owner or responsible party having control of the building, structure, premises, occupancy, equipment, or system that was the subject to all recording and related costs assessed by the County Auditor.

(Ord. 11-2019 (part), 2019).