HomeMy WebLinkAbout06 0716 15Ordinance EH Civil Enforcement
STATE OF WASHINGTON
Jefferson County Board of Health
An Ordinance } / /
Authorizing Environmental } ORDINANCE NO. a_ b T h — 1 5–
Health Civil Enforcement }
WHEREAS, the Jefferson County Board of Health wishes to establish civil penalties for
violations of public health laws, regulations and /or ordinances adopted by the Washington State
Legislature, Washington State Board of Health, Washington Department of Health or the
Jefferson County Board of Health; and,
WHEREAS, all conditions which are determined by the Health Officer to be in violation
of any public health law, regulation and/or ordinance shall be subject to the provisions of this
ordinance because they are detrimental to the public's health, safety and welfare;
WHEREAS, all violations of public health laws, regulations and/or ordinances are
detrimental to the public health, safety and welfare and are hereby declared to be public
nuisances pursuant to Ch. 7.48 RCW;
WHEREAS, a civil infraction process, established pursuant to Ch. 7.80 RCW, can
protect the public from the harmful effects of violations, will aid in enforcement, and will help
reimburse the County for expenses of enforcement;
WHEREAS, enactment of this Ordinance promotes the health, welfare and safety of the
citizens of Jefferson County; and
WHEREAS, the Jefferson County Board of Health enact this Ordinance pursuant to the
authority granted them by various state statutes, including, but not limited to, those codified at
Ch. 7.48 RCW, Ch. 7.80 RCW and Ch. 70.95 RCW.
WHEREAS, the Board of Health chooses to revive this Ordinance, which was originally
adopted as Board of Health Ordinance 908- 0919 -02, an Ordinance which was mistakenly
repealed in its entirety by Board of Health Ordinance #09- 1020 -05.
NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Health as
follows:
Section 1. Purpose:
It is the express purpose of this ordinance to provide for and promote the health of the general
public and not to create or otherwise establish or designate a particular class or group of people
who will or should be especially protected by the terms of this ordinance.
It is the specific purpose of this ordinance to place the obligation of complying with its
requirements upon persons, businesses or companies required to meet provisions of the health
regulations. Enactment of this Ordinance and its terms and provisions does not impose any duty
upon the Jefferson County Public Health Department or any of its officers or employees unless a
Ordinance EH Civil Enforcement
duty is imposed on such officers or employees by the express terms of this Ordinance.
Implementation or enforcement of this ordinance by County officers or employees shall be
discretionary and not mandatory.
Section II. Authoritv
This ordinance is promulgated under the police power granted to the Jefferson County Board of
Health, including, but not limited to, authority granted to them by Ch. 7.48 RCW, Ch. 7.80 RCW
and Ch. 70.05 RCW to protect the public health, safety, and welfare of the people in Jefferson
County, including those County residents residing within the City of Port Townsend.
Section III. Applicability
Provisions of this ordinance apply to violations of the following statutes, regulations and/or
ordinances as they now exist or as they may hereafter be amended:
Chapter 70 -90 RCW
Chapter 70 -95 RCW
Chapter 246 -203 WAC
Chapter 246 -215 WAC
Chapter 246 -260 WAC
Chapter 246 -261 WAC
Chapter 246 -272 WAC
Chapter 246 -290 WAC
Chapter 266 -291 WAC
Chapter 173 -304 WAC
Chapter 173 -308 WAC
Chapter 8.05 JCC
Chapter 8.10 JCC
Chapter 8.15 JCC
Water Recreation Facilities
Solid Waste Management
General Sanitation
Food Service
Water Recreation Facilities
Recreational Water Contact Facilities
Onsite sewage systems
Public Water Supplies
Group B Public Water Systems
Minimum Functional Standards for Solid Waste
Biosolids Management
Food Service Sanitation
Solid Waste
Onsite Sewage
Section IV. Conflict In case of a conflict between this Chapter and the Chapters of the County
Code relating to Food Service Sanitation, Solid Waste and/or Onsite Sewage, as currently enacted
or as may in the future be amended or recodified, the text of those three Chapters shall control
except that the Local Health Officer shall have discretion to interpret and implement any County
Code sections enforced by Public Health (or its successor agency or division) which are at variance
with one another in a manner that best protects and furthers public health.
Section V. Designation of Civil Infractions
Any violation of the laws, regulations and ordinances specified above in section III (including
any future amendments to those statutes, regulations and ordinances) shall constitute a civil
infraction.
Each (twenty -four) 24 -hour period when a violation is found to exist shall constitute a separate
and distinct violation.
Ordinance EH Civil Enforcement
The owner or Lessor of any real property shall be and is jointly and severally liable with any
tenant, occupier or user of real property for any violation alleged against that property or alleged
to have occurred on the owner's property. The legality or illegality of the use or occupancy of the
land by a person or entity shall not be a defense available to the owner of said property if it is
alleged a violation of this Ordinance occurred on that property.
A first violation shall be a Class 3 civil infraction as established in Chapter 7.80 RCW.
A second violation shall be a class 2 civil infraction as established in Chapter 7.80 RCW.
A third violation shall be a class 1 civil infraction as established in Chapter 7.80 RCW.
Section VI. Processing and Adjudicating Civil Infractions:
Such violations shall be adjudicated and any related fines determined in accordance with the
procedures established in Chapter 7.80 RCW, the Jefferson County District Court rules for
Infractions and the Washington State Rules for Courts of Limited Jurisdiction, which shall have
precedence over the terms and obligations of this Ordinance if this Ordinance conflicts with state
statutes or court rules.
Upon a determination that the County has met its burden of proof regarding any contested
violation alleged against a person or entity pursuant to this Ordinance, the County may seek to
obtain attorney's fees against the violating party or entity pursuant to RCW 7.80.140.
Utilization of the procedures and penalties laid out in this Ordinance and the underlying state
statutes shall not prohibit this County from utilizing any other lawful means or seeking any other
lawful remedies against the person or entity that has allegedly violated the terms of this
Ordinance.
Nothing in this Ordinance shall prevent the Judge hearing these civil infraction matters from
reducing or mitigating the monetary fines that would otherwise be imposed.
Section VII. Enforcement Officers
The Board of Health, or its designated Health Officer, may authorize one or more persons to
serve as an "enforcement officer," duly authorized to enforce this Ordinance.
Section VIII. Severabilitv
Should any section, paragraph, phrase, sentence or clause of this ordinance be declared invalid or
unconstitutional for any reason, the remainder of this ordinance shall not be affected.
Section IX. Effective Date
The effective date of this ordinance shall be the date of its adoption.
Ordinance EH Civil Enforcement
APPROVED AND ADOPTED this I day of 3 ttc i 20 /�
AN ORDINANCE AUTHORIZING ENVIRONMENTAL HELATH CIVIL ENFORCEMENT,
JEFFERSON COUNTY PUBLIC HEALTH, JEFFERSON COUNTY, WA
<�-/-c V-E�e_ 4
Sheila Westerman, Chair Kathleen, Kler, Vice -Chair
Kris Nelson, Member
Phil Johnson, Member
David Sullivan, Member