Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
2006-February
File Copy • Jefferson County Board of Health .Agenda • .Minutes February 16, 2006 • • JEFFERSON COUNTY BOARD OF HEALTH Thursday, February 16, 2006 Main Conference Room Jefferson County Public Health 2:30—4:30 PM AGENDA I. Approval of Agenda II. Approval of Minutes of January 25, 2006 Board of Health Meeting III. Public Comments IV. Old Business and Informational Items 1. Hood Canal Project Update V. New Business 1. Jefferson County Clean Indoor Air Regulation A. Staff Report B. Public Hearing C. Board Discussion—Possible Action 2. Proposed Fee Schedule for Indoor Air Regulation Enforcement • A. Staff Report B. Public Hearing C. Board Discussion—Possible Action 3. Legislative Session Update 4. Pandemic Influenza Preparedness Planning VI. Activity Update 1. Public Meeting—Solid Waste Enforcement and Junk Cars WSU Extension, February 23,2006, 5:00-7:00 PM VII. Agenda Planning VIII. Next Scheduled Meeting: February 16, 2006 2:30PM—4:30 PM Main Conference Room Jefferson County Public Health • • JEFFERSON COUNTY BOARD OF HEALTH MINUTES Thursday, January 26, 2006 Board Members: Staff Members: Geoffrey Masci, Chairman—Port Townsend City Council Jean Baldwin, Public Health Services Director David Sullivan, Vice Chairman—Couny Commissioner Julia Danskin,Nursing Services Director District#2 Thomas Locke,MD, Health Officer Phil Johnson—Couny Commissioner District#1 Mike McNickle, Environmental Health &Natural Patrick M. Rodgers-County Commissioner District#3 Resources Director Jill Buhler—Hospital Commissioner District#2 Sheila Westerman—Citizen at Large(Ciy) Roberta Frissell—Citizen at Large(County) Meeting called to order at 2:41 pm by Chair Geoff Masci in the conference room of Jefferson County Public Health Department. All Board and Staff Members were present, with the exception of Board Member Rodgers. SELECTION OF BOARD CHAIR& VICE CHAIR Chair Masci requested nominations for the new Chair. Board Member Westerman nominated David Sullivan as Chair. Board Member Buhler seconded the motion. The vote passed unanimously. Chair Sullivan requested nominations for the Vice Chair. Board Member Masci nominated Pat Rodgers. Board Member Frissell seconded. The vote passed unanimously. APPROVAL OF AGENDA Motion to approve agenda was made by Board Member Masci and seconded by Board Member Buhler. PUBLIC COMMENTS Chair Sullivan called on the public for comments. A community member reported that he was happy to see the health department informing the public and getting involved. He also suggested the public be forced to have their septic systems pumped by a private company possibly around the tax season. Concerns regarding the distinction between abandoned and junk vehicles were voiced • and a request for the public to be informed when public meetings will be held was made. Mike McNickle responded to the citizens' specific concerns and advised them of the different meetings scheduled around the county for the public to learn more about • Environmental Health. A citizen expressed concern about proper training on the equipment to be used for the Hood Canal Research and the importance of Staff understanding people's property rights. Another request was to make sure the collected data is accurate and is shared with the public. A suggestion was made for the Board to be more open with the public regarding information presented at the meetings, to listen more closely to people and take their concerns seriously. OLD BUSINESS Hood Canal Sanitary Survey Project Mike McNickle explained that the survey letter included in the packet was sent out to approximately 100 people. The meetings were divided into three geographical areas in order to make it easier for community members to attend. At this point in the collection of the data there has shown evidence of a water contamination problem. NEW BUSINESS Jefferson County 901 Implementation Program • Kellie Regan explained that since its implementation date of December 8th, we have been educating the community on initiative 901. Kellie reported that 13 complaints have been received about establishments that are in potential violation of the smoking ban. Two official notices have been mailed. Signs have been sent to all businesses subject to the new law to help them comply with the requirement that every public place post a no smoking sign. Some private clubs thought they were exempt from this new law. However, if a club or private facility has employees, they are subject to this law. Board Member Westerman asked what evidence is there about the degree of harm second-hand causes. Dr. Locke responded by saying 1 out of every 9 lung cancer deaths is caused by second hand smoke exposure. Heart disease is another serious health consequence of second hand smoke. Draft Jefferson County Clean Indoor Air Ordinance Some of the food and bar establishments that have allowed smoking in the past are challenging the new regulation. Under the proposed ordinance, a step by step process will be put into place to encourage compliance. First, a letter along with educational materials, will be sent. Second, another letter will be mailed to inform them of an inspection to be completed within 30 days. Third, if another violation is observed a ticket will be issued for the amount specified in the state statute-- $100. Additional tickets may be issued for further violations. If five or more violations occur, their food service • permit will be suspended. This will, in turn, cause their liquor license to be suspended. • This approach sends the message that JCPH is serious about the Clean Indoor Air Regulations. The Liquor Control Board supports this process. Board Member Masci asked how the rebuttal process will work. He was advised that rebuttals will be considered on a case by case basis. All food establishments are invited to attend a meeting on February 8th at the WSU extension to learn about the proposed enforcement process. Board Member Buhler asked what the process is if the right of entry is denied? Mr. McNickle responded that licensed facilities are required to grant access reasonable access to food safety inspectors. Failure to grant access can lead to suspension of a food service establishment license. We are working closely with our neighboring counties, Clallam and Kitsap to have similar enforcement laws. It is up to each BOH to adopt the ordinances. Jean Baldwin requested a public hearing on the Clean Indoor Air Ordinance. Board Member Masci motioned for a public hearing at the BOH meeting scheduled for February 16°1'2006. Board member Frissell seconded and the vote passed unanimously. Proposed Fee Schedule for Indoor Air Regulation Enforcement An amendment to the 2006 Fee Schedule that was approved by the Board in December • was presented. The amendment will provide revenue for JCPH to perform re-inspections related to the Clean Indoor Air Ordinance and to process applications for rebuttals to the 25 setback requirements. Board Member Masci moved for a public hearing for the amended fee schedule at February's BOH meeting. Board Member Frissell seconded and the vote passed unanimously. Jefferson County Syringe Exchange Program Report 2000-2005 Kellie Regan explained that the Syringe Exchange program report represents the last five years. She advised that the report shows there has been a drop in utilization during the year 2005. However, there are new people accessing the program services. Legislative Session Update Dr. Locke informed the Board that we are in the first month of a 60 day legislative session. The Board packet contains a news release from the Governor's office pertaining to insurance reform issues and ways to better use information technology to promote quality of care and patient safety. Two bills are being offered for emergency preparedness activities. Public Health is being challenged to come up with more outcome measures to replace current process measures. The intent is to better evaluate the impact of specific public health activities. There is a sensate bill that targets pandemic influenza planning A discussion was held about the recent rejection of the Peninsula Regional Service • Network's(RSN) request for qualifications (RFQ) application. Chair Sullivan stated that RFQ were submitted by all RSN's in the state. He reported the Department of Health staff could not explain how the RFQ's were scored, what the expectations were for each • of the questions, or who the experts were that did the scoring and how they were evaluated. Board Member Masci asked about House and Senate public health funding bills and their respective appropriations. Dr. Locke responded that each bill proposed$20 million. If both bills passed it would be $40 million total but it is unlikely they would both pass. The senate bill targets new funding for pandemic flu preparedness,the house funds a broader range of emergency preparedness activities but calls for development of outcome —based standards. Mike McNickle reported on HB3040 which would require on-site maintenance specialists to be licensed by the state similar to how certified designers are licensed. There would be a test they would need to take. A discussion was held about SB3039 and potential impacts on Hood Canal water quality improvement efforts. A draft letter was presented to the Board. Board Member Masci suggested that the letter regarding 3039 express the Board's commitment to higher onsite sewage standards. Dr. Locke stated that SB3039 is moving fast through the legislature but there is no compelling scientific evidence to support that the functioning onsite septic systems are contributing to excess nitrogen on the Hood Canal. Board Member Westerman requested to change the last sentence in the letter from"will not"to "may • not" since we do not really know. Board Member Masci motioned that we approve the sending of the letter with the changes as discussed. Board Member Buhler seconded the motion and the vote passed unanimously. Influenza Season Update Dr. Locke stated that seasonal influenza transmission continues in Washington State but we are not seeing increasing levels over the past 2 weeks. Almost all the influenza in circulation is of the H3N2 variety that first emerged in the Hong Kong Flu pandemic of 1968. Influenza is always changing. This strain of influenza A appears to have gained a rapid resistance to 2 types of antiviral medications, amantadine and rimantadine, that are used to control institutional outbreaks. Two newer drugs, Tamiflu and Relenza, are still effective but they are expensive and in short supply due to international efforts to stockpile them in anticipation of an Avian Flu outbreak. Activity update/Agenda Planning Changes to the number of state contracts are impacting the budget process. Contracts that were a year long are now 6 months. DSHS and Ecology are considering changes in multiple contracts. The Take Charge program was a federal waiver that paid for low income people to get birth control to prevent them from going into the welfare system. Other potential future agenda items: • • 901 Fees • • Mental Plan • Performance report for 2005 • Solid waste results for March and April • Chimacum Creek • Hospital assessment project • Update on junk car ordinance • Board Retreat Board member Westerman and Buhler are excused from the February 16th BOH meeting. Board Member Masci moved to adjourn the meeting at 4.25 pm. JEFERSSON COUNTY BOARD OF HEALTH Geoff Masci, Chairman Jill Buhler, Member Commissioner Sullivan, Vice Chair Sheila Westerman, Member Roberta Frissell, Member Phil Johnson, Member Patrick M. Rodgers, Member • • Jefferson County Board of Health Old Business Agenda Item # 1V., 1 • HoodCanal Project I.lpdate Tehruary 16, 2o06 • a�?n ` - JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street • Port Townsend •Washington • 98368 • www.jeffersoncountypublichealth.org January 26, 2006 The Honorable Lynn Kessler 339A Legislative Building PO Box 40600 Olympia, WA 98504-0600 Dear Representative Kessler: At today's meeting of the Jefferson County Board of Health, the Board voted unanimously to oppose those sections of HB 3039 requiring local health officers to impose nitrogen removal requirements on on-site sewage systems. As a Board, we are very proud of our record of leadership in enforcing stringent on-site sewage systems regulations. As a result, Jefferson County's coastal waters and shellfish beds are among the most pristine in the state. While we strongly support the goal of protecting and improving marine water quality, including that of Hood Canal, we do not feel there is sufficient scientific evidence to support the broad mandate that would be imposed by HB 3039. • Public health codes dealing with on-site sewage systems are primarily focused on preventing communicable disease hazards associated with infectious waste disposal. The link between failing septic systems and contamination of shellfish beds is well established as are the human health risks of ingesting contaminated shellfish. In contrast, the role of on-site sewage systems as a significant source of nitrogen loading in Hood Canal has yet to be established. Moreover, the effectiveness and reliability of available technology for reducing nitrogen discharge by on-site sewage systems is very much in doubt. HB 3039 would impose an expensive mandate on homeowners within the Hood Canal watershed without evidence that properly maintained and functioning on-site sewage systems are contributing to Hood Canal's water quality problems. In addition, HB 3039 makes the assumption that current on-site sewage nitrogen reduction technology is reliable and effective, a conclusion that is disputed by many. Addressing an inadequately defined problem with an untested solution is not, in our view, good public policy. Studies are underway by the University of Washington and the United States Geologic Survey to determine the sources of Hood Canal's excess nitrogen levels and how this • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES NATURAL RESOURCES MAIN: 360-385-9400 u � MAIN: 360-385-9444 FAX: 360-385-9401 HEALTHIER COMMUNITY FAX 360-385-9401 problem can be effectively addressed. We urge the legislature to await these findings before crafting a legislative solution. Spending large sums of money on a solution that may not significantly address the Hood Canal water quality problem would be wasteful and counter productive. In summary, the Jefferson County Board of Health is committed to fulfilling our responsibility to enforce on-site sewage codes and mitigate adverse impacts these systems may have on marine water quality. We feel we can best achieve this goal by assuring that all on-site sewage systems are properly designed, installed, and maintained and that failing systems are promptly detected and repaired. We welcome legislative efforts to promote timely repair of failing systems through grants, low income loans, and other programs for low income homeowners. In the final analysis, we are concerned that the broad mandates that would be imposed by HB 3039 are not adequately supported by available science and could end up diverting scarce public health resources into an untested solution for a complex ecologic problem. As our elected representative, we ask that you vote to oppose this legislation in its current form. Sincerely, David Sullivan • Chair, Jefferson County Board of Health COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH 411 DEVELOPMENTAL DISABILITIES NATURAL RESOURCES ALWAYS WuR? Niu FOR A,SAFER AND MAIN: 360-385-9444 FAX: 360-385-940185 4400 MAIN: 0HEALTHIER COMMUNITY FAX: 360-385-9401 JEFFERSON COUNTY PUBLIC HEALTH 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncounty_publichealth.org January 26, 2006 The Honorable Lynn Kessler 339A Legislative Building PO Box 40600 Olympia, WA 98504-0600 Dear Representative Kessler: At today's meeting of the Jefferson County Board of Health, the Board voted unanimously to oppose those sections of HB 3039 requiring local health officers to impose nitrogen removal requirements on on-site sewage systems. As a Board, we are very proud of our record of leadership in enforcing stringent on-site sewage systems regulations. As a result, Jefferson County's coastal waters and shellfish beds are among the most pristine in the state. While we strongly support the goal of protecting and improving marine water quality, including that of Hood Canal, we do not feel there is sufficient scientific evidence to support the broad mandate that would be imposed by HB 3039. • Public health codes dealing with on-site sewage systems are primarily focused on preventing communicable disease hazards associated with infectious waste disposal. The link between failing septic systems and contamination of shellfish beds is well established as are the human health risks of ingesting contaminated shellfish. In contrast, the role of on-site sewage systems as a significant source of nitrogen loading in Hood Canal has yet to be established. Moreover, the effectiveness and reliability of available technology for reducing nitrogen discharge by on-site sewage systems is very much in doubt. HB 3039 would impose an expensive mandate on homeowners within the Hood Canal watershed without evidence that properly maintained and functioning on-site sewage systems are contributing to Hood Canal's water quality problems. In addition, HB 3039 makes the assumption that current on-site sewage nitrogen reduction technology is reliable and effective, a conclusion that is disputed by many. Addressing an inadequately defined problem with an untested solution is not, in our view, good public policy. Studies are underway by the University of Washington and the United States Geologic Survey to determine the sources of Hood Canal's excess nitrogen levels and how this 1111 COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES „r �� n,,, �,0 NATURAL RESOURCES MAIN: 360-385-9400 ALWAYS WORKING EOR s SAFER AND MAIN: 360-385-9444 FAX: 360-385-9401 HEALTHIER COMMUNITY FAX: 360-385-9401 problem can be effectively addressed. We urge the legislature to await these findings before crafting a legislative solution. Spending large sums of money on a solution that may not significantly address the Hood Canal water quality problem would be wasteful and counter productive. In summary, the Jefferson County Board of Health is committed to fulfilling our responsibility to enforce on-site sewage codes and mitigate adverse impacts these systems may have on marine water quality. We feel we can best achieve this goal by assuring that all on-site sewage systems are properly designed, installed, and maintained and that failing systems are promptly detected and repaired. We welcome legislative efforts to promote timely repair of failing systems through grants, low income loans, and other programs for low income homeowners. In the final analysis, we are concerned that the broad mandates that would be imposed by HB 3039 are not adequately supported by available science and could end up diverting scarce public health resources into an untested solution for a complex ecologic problem. As our elected representative, we ask that you vote to oppose this legislation in its current form. Sincerely, David Sullivan • Chair, Jefferson County Board of Health • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTALNATURAL ESOURCES DEVELOPMENTAL DISABILITIES ALWAYS�lV�ORKitil�t'UR f=,SATE AND MAIN: 0854400 HEALTHIER COMMUNITY MIN: 360-385-9444 FAX: 360-385-9401 FAX: 3660-3-385-9-9401 • From the Kitsap Sun My Hood Canal Septic Bill 'Jumped the Gun' Rep. Eickmeyer February 9, 2006 Concerns have been expressed about a legislative proposal regarding septic systems on Hood Canal. In fact, I have ordered the withdrawal of House Bill 3039. We established two protocols in my Hood Canal Committee last year: • We will base scientific conclusions solely upon empirical data gathered from objective analysis of the Canal. • We will not create long-term mandates ahead of a strong science base. Continuing with this legislation would have required reductions in nutrients before the study on nutrients was completed. Indeed, the measure would have abrogated both protocols. Hood Canal is unique. It is unlike any other body of water in the United States because it is a classic fjord. It is 66 miles long, and it is narrow with steep slopes and depths of more than 700 feet. Most important, Hood Canal has a solid-rock sill that rises 450 feet from the bottom at its mouth near Foulweather Bluff. This sill blocks water exchange with the Strait of Juan de Fuca and the greater Puget Sound. What this means is that the canal is almost entirely on its own in terms of maintaining ecological balance and health. • The study of nutrients such as nitrogen and phosphates is important because we might have to reduce the amounts we pour into Hood Canal. At the same time, however, we cannot take too much out because that would also be deadly for the waterway. The most compelling evidence for a reduction in nutrients came from committee testimony derived from projects in Chesapeake Bay in New England, and in Japan and Ireland. It was this testimony more than anything that contributed to "jumping the gun" in the legislation. As an aside, new technologies for septic and sewer systems will be presented at one of our committee hearings later this month. The public is always invited. I've been astounded at what can be done for less money and with far less ground space — which is so very important for everyone who makes a home in the neighborhood of this great national treasure. • w .. • DRAFT- JEFFERSON COUNTY BOARD OF HEALTH ORDINANCE NUMBER 2006-XX JEFFERSON COUNTY CLEAN INDOOR AIR REGULATION S JANUARY 19, 2006 • t p TABLE OF CONTENTS • Sections: XX.XX.010 PURPOSE XX.XX.020 AUTHORITY XX.XX.030 APPLICABILITY XX.XX.040 BOARD OF HEALTH FINDINGS XX.XX.050 EFFECTIVE DATE XX.XX.060 DEFINITIONS XX.XX.070 SMOKING PROHIBITED XX.XX.080 ADMINISTRATION AND ENFORCEMENT XX.XX.090 REBUTTALS XX.XX.100 APPEALS XX.XX.110 SEVERABILITY IP } _a • XX.XX.010 -- PURPOSE These clean indoor air regulations are adopted for the purpose of enforcing the Washington Clean Indoor Act, codified at Chapter 70.160 RCW and amended(effective December 8, 2005)by Initiative 901. The legislation enacted through Initiative 901 recognizes the pervasive health hazard of second-hand smoke. These rules are enacted to protect the public health and promote the safety and welfare of the citizens of Jefferson County through the prohibition of smoking in public places and places of employment. These regulations shall apply to all persons and in all territory within the boundaries of Jefferson County, except actions by persons on lands under the jurisdiction of the Federal Government or federally recognized American Indian Tribes. It is expressly the purpose of these rules and regulations to provide for and promote the health of the general public, and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of these rules and regulations. Nothing contained in these rules and regulations is intended to be, nor shall be construed to create or form the basis for any liability on the part of Jefferson County Public Health or its officers, employees or agents, for any injury or damage resulting from the failure of any person subject to these rules and regulations to comply with these rules and regulations, or by reason or in consequence of any act or omission in connection with the implementation or enforcement of these rules and regulations on the part of Jefferson • County Public Health or its officers, employees or agents. XX.XX.020—AUTHORITY RCW 70.05.060(1) authorizes local boards of health to "(e)nforce through the local health officer or the administrative officer appointed under RCW 70.05.040, if any, the public health statutes of the state and rules promulgated by the state board of health and the secretary of health.". Subsection(3) of this statute further authorizes the local board to "(e)nact such local rules and regulations as are necessary in order to preserve, promote and improve the public health and provide for the enforcement thereof." The Jefferson County Board of Health adopts this ordinance to preserve, promote, and improve the health of Jefferson County residents and to enforce the provisions of RCW 70.16, the Washington State Clean Indoor Air Act assigned to local health departments. XX.XX.030—APPLICABILITY All Jefferson County Public Health permitted places as defined in Section XX.XX.060 of this regulation, are subject to this regulation. All other public places as defined in Section XX.XX.060 are subject to Chapter RCW 70.160 RCW and are subject to enforcement Sections XX.XX.090.1, XX.XX.090.2, XX.XX.090.3, XX.XX.090.4 and XX.XX.090.5 of this regulation. Owners, or in the case of leased or rented space the • lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment by 1)prohibiting smoking in the •- a public place and/or place of employment under their authority and 2)posting signs prohibiting smoking as required by RCW 70.16 . Any person passing by or through a public place while on a public sidewalk or public right of way while smoking has not intentionally violated this regulation. Any person intentionally violating these regulations by smoking in a public place or place of employment or any person removing, defacing, or destroying a sign required by this regulation will be referred to local law enforcement. XX.XX.040—BOARD OF HEALTH FINDINGS The Jefferson County Board of Health finds that: 1. Extensive medical and scientific research confirms that secondhand smoke is harmful to smokers and nonsmokers alike causing eye, nose and throat irritation, aggravating lung and heart diseases including emphysema and is linked to various types of cancers. 2. Additional scientific research concludes that carbon monoxide levels in rooms and vehicles where smoking occurs often exceeds maximum permissible safety levels and that other hazardous compounds are released into the environment by tobacco smoke including but not limited to: tar, nicotine, nitrogen dioxide, ammonia, benzene, formaldehyde, hydrogen sulfide, hydrogen cyanide, and arsenic. • 3. The Washington State Legislature has recognized the increasing evidence posed by environmental tobacco smoke in the workplace and has therefore enacted the Washington State Clean Indoor Air Act, codified at Chapter 70.160 RCW. 4. The People of Washington State have recognized the increasing evidence posed by environmental tobacco smoke in the workplace and have therefore revised the Washington State Clean Indoor Air Act through Initiative 901, codified at Chapter 70.160 RCW, 5. Chapter 70.160 RCW, as amended by the voters' approval of Initiative 901, became effective on December 8, 2005. 6. It is necessary to create this ordinance in order to comply with the enforcement and rebuttal requirements outlined in Chapter 70.160 RCW, as that statute was amended and revised by Initiative 901. XX.XX.050--EFFECTIVE DATE The effective date of these regulations is [Month, Date], 2006. 1111 XX.XX.060 --DEFINITIONS • Terms used in this regulation shall have the meaning provided in Chapter 70.160 RCW, hereby adopted by reference. Certain definitions from Chapter 70.160 RCW are listed here for ease of reference. Complaint is a report, either in writing or by telephone or other means by any person describing a potential violation of these regulations. Non-anonymous complaints will be considered viable when accurate information about the possible violation can be verified by Jefferson County Publci Health staff. Place of employment is any area under the control of a public or private employer in which employees are required to work or pass through during the course of employment, including,but not limited to: Entrances and exits to the places of employment, and including a presumptively reasonable minimum distance, as set forth in section XX.XX.XXX of this regulation,of twenty-five feet(25 feet) from entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited; work areas; restrooms; conference and classrooms; break rooms and cafeterias; and other common areas. A private residence or home-based business, unless used to provide licensed child care, foster care, adult care, or other similar social service care on the premises, is not a place of employment for purposes of RCW 70.160 enforcement. • Presumptively Reasonable Distance is the distance in feet from the entrances, exits, windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited by RCW 70.160. Twenty-five feet(25 feet) is defined by statute as the minimum presumptively reasonable distance of separation between a source of tobacco smoke and the entrances, exits,open windows, or ventilation intakes that serve an enclosed area where smoking is prohibited Public place is that portion of any building or vehicle used by and open to the public, regardless of whether the building or vehicle is owned in whole or in part by private persons or entities, the state of Washington, or other public entity, and regardless of whether a fee is charged for admission, and includes a presumptively reasonable minimum distance of twenty-five feet from entrances, exits,windows that open, and ventilation intakes that serve an enclosed area where smoking is prohibited. A public place does not include a private residence unless the private residence is used to provide licensed child care, foster care, adult care, or other similar social service care on the premises. Public places include,but are not limited to: Schools, elevators,public conveyances or transportation facilities,museums, concert halls, theaters, auditoriums, exhibition halls, indoor sports arenas,hospitals, nursing homes, health care facilities or clinics, enclosed shopping centers,retail stores, retail service establishments, financial institutions, educational facilities, ticket areas,public hearing facilities, state legislative chambers and immediately adjacent hallways,public restrooms, libraries,restaurants, waiting areas, lobbies, bars, taverns,bowling alleys, skating rinks, casinos, reception areas, and no less than seventy-five percent of the sleeping quarters within a hotel or 111 motel that are rented to guests. This ordinance is not intended to restrict smoking in private facilities which are occasionally open to the public except upon the occasions • when the facility is open to the public. Secondhand smoke: means a mixture of smoke emitted from burning tobacco products and smoke exhaled by a smoker. Smoke or smoking: means the carrying or smoking of any kind of lighted pipe, cigar, cigarette, or any other lighted smoking equipment. Violation: Occurs when a complaint registered by a person to Jefferson County Public Health has been witnessed or observed by Jefferson County Public Health staff. Only observed noncompliance will be considered an enforceable violation under these regulations. XX.XX.070-- SMOKING PROHIBITED Owners, or in the case of leased or rented space the lessee or other person in charge, of a place regulated under this chapter shall prohibit smoking in public places and places of employment and shall post signs prohibiting smoking as reguired by statute. In the case of retail stores and retail service establishments, signs shall be posted conspicuously at each entrance and in prominent locations throughout the place. XX.XX.080--ADMINISTRATION AND ENFORCEMENT • Jefferson County Public Health shall enforce these regulations regarding the duties of owners or persons in control of public places and places of employment through the following actions: 1. Enforcement Authority The Health Officer shall have the authority to enforce the provisions of these regulations equally on all persons. The Health Officer is also authorized to adopt rules consistent with the provisions of these rules and regulations for the purpose of enforcing and carrying out its provisions. Nothing in these rules and regulations is intended to abridge or alter the rights of action by the state, other entities,the Health Officer or by persons, which exist in equity, common law or other statutes to abate non-compliance with these regulations. If a conflict exists in the interpretation of Chapter 70.160 RCW and these regulations, or in the interpretation of Chapter 70.160 RCW and these regulations, the more stringent regulation shall apply to better protect public health, welfare and safety. • • 2. Right of Entry A. Whenever necessary to make an inspection to enforce or determine compliance with the provisions of these regulations, and other relevant laws and regulations, or whenever the Health Officer has cause to believe that a violation of these regulations has or is being committed, the Health Officer or his/her duly authorized inspector may, in accordance with federal and state law, seek entry of any building, structure,property or portion thereof at reasonable times to inspect the same. B. If such building, structure,property or portion thereof is occupied, the inspector shall present identification credentials, state the reason for the inspection, and request entry. 3. Violations A. Violations of these regulations may be addressed through the remedies and penalties provided in this section. B. Each violation of these regulations shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be considered a separate and distinct violation. • C. The Health Officer may investigate alleged or apparent violations of these regulations. Upon request of the Health Officer, the person allegedly or apparently in violation of these regulations shall provide information identifying themselves. 4. Voluntary Correction Whenever the Health Officer determines that violation of these regulation has occurred or is occurring for the first time,he/she shall attempt to secure voluntary correction by sending a warning letter to the person(s)responsible for the alleged violation and, where possible, explaining the violation and requesting correction. A. Warning Letter and Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a voluntary correction agreement with Jefferson County Public Health. The Warning Letter will be addressed to the last known owner and/or person in charge and will be educational in content, address the specific violations of these regulations that that may have occurred, and what the duties and responsibilities of the owner are to comply with these regulations. The voluntary correction agreement is a contract between Jefferson County Public Health and the person responsible for the violation in which such person agrees to abate the alleged violation within a specified time and according to specified conditions. The voluntary correction . agreement will be in lieu of the issuance of further citations or the abatement of the property pursuant to Chapter 70.160 RCW or Jefferson County Board • of Health Ordinance 2006-XX. The voluntary correction agreement shall • include the following: 1. The name and address of the person responsible for the alleged violation; 2. The street address or other description sufficient for identification of the building, structure,premises, or land upon or within which the alleged violation has occurred or is occurring; 3. A description of the alleged violation and a reference to the regulation, which has been violated; 4. The necessary corrective action to be taken, and a date or time by which correction must be completed; 5. An agreement by the person responsible for the alleged violation that Public Health may enter the place and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement; 6. An agreement that by entering into the voluntary correction agreement, the person responsible for the alleged violation waives the right to a hearing before the Health Officer under these regulations or otherwise,regarding the matter of the alleged violation and/or the required corrective action. • 5. Notice and Order to Correct Violation A. Issuance. Whenever the Health Officer determines that a violation of these regulations has occurred or is occurring for the second time,he/she will issue a written notice and order to correct violation to the owner or person in charge. B. Content. The notice and order to correct violation shall contain: 1. The name and address of the property owner or other persons to whom the notice and order to correct violation is directed; 2. The street address or description sufficient for identification of the building, structure,premises, or land upon or within which the violation has occurred or is occurring; 3. A description of the violation and a reference to that provision of the regulation, which has been violated; 4. A statement of the action required to be taken to correct the violation and a date or time by which correction is to be completed; S • 5. A statement that each violation of this regulation shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation; and 6. A statement that the failure to obey this notice may result in the issuance of a notice of civil infraction, and/or the assessment of an administrative remedy, and/or, if applicable, the imposition of criminal penalties. C. Service of Order. The notice and order to correct violation shall be served upon the person to whom it is directed, either personally or by mailing a copy of the order to correct violations by first class and/or certified mail postage prepaid, return receipt requested, to such person at his/her last known address. D. Extension. Upon written request received prior to the correction date or time, the Health Officer may extend the date set for corrections for good cause. The Health Officer may consider substantial completion of the necessary correction or unforeseeable circumstances that render completion impossible by the date established as a good cause. E. Supplemental Order to Correct Violation. The Health Officer may at any time add to, rescind in part, or otherwise modify a notice and order to correct violation. The supplemental order shall be governed by the same procedures applicable to all notice and order to correct violations procedures contained in these • regulations. F. Enforcement of Order. If, after any order is duly issued by the Health Officer, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer may: a. Utilize any remedy or penalty under Section XX.XX.070 of these regulations; and/or b. Abate the health violation using the procedures of these regulations; and/or c. Pursue any other appropriate remedy at law or equity. 6. Notice of Civil Infraction (Ticket) A. Whenever the Health Officer determines that a violation of these regulations has occurred or is occurring for the third time, he/she will issue a Notice of Civil Infraction(Ticket) to the owner and/or person in charge. Except as provided in Section XX.XX.070, the violation of any provision of these regulations is designated as a civil infraction pursuant to Chapters 70.160 and 7.80 RCW, Civil Infractions. B. The Health Officer may issue a notice of civil infraction pursuant to Chapter • 70.160 RCW and Chapter 7.80 RCW if the Health Officer has reasonable cause to believe that the person has violated any provision of these regulations or has not • corrected the violation as required by a written notice and order to correct violation. Civil infractions shall be issued,heard and determined as described in Chapter 7.80 RCW, and any applicable court rules. 7. Permit Violation, Suspension and Revocation A. Permit Violation. Any violation of a permit requirement issued pursuant to these regulations shall be a violation of these regulations. B. Suspension of Food Service Establishment Permit. The Health Officer may temporarily suspend any permit issued after the fourth violation of these regulations has been documented by the Health Officer. 1. Failure to comply with any notice and order to correct violation issued pursuant to these regulations; 2. Permit suspension shall be carried out through the notice and order to correct violation provisions specified in Section XX.XX.090, and the suspension shall be effective upon service of the notice and order to correct violation upon the owner or person in charge. The holder or operator may appeal such suspension as provided in Section XX.XX.090 of these regulations. C. Revocation of Permits. • 1. The Health Officer may permanently revoke the Food Service Establishment permit after the fifth violation of these regulations has been documented. 2. Such permit revocation shall be carried out through the notice and order to correct violation provisions specified in Section XX.XX.090 and the revocation shall be effective upon service of the notice and order to correct violation upon the holder or operator. The holder or operator may appeal such revocation, as provided in Section XX.XX.090 of these regulations. 3. A permit may be suspended pending its revocation or a hearing relative to revocation pursuant to the provisions of Section XX.XX.090 8. Permit Appeal A. Subject to Appeal. Any denial, suspension or revocation of a Food Service Establishment permit by the Health Officer may be appealed. B. Appellant Defined. The appellant shall be the applicant for a Food Service Establishment who appeals a decision denying, suspending or revoking a food service permit. • • C. Appeal Procedure. The appeal procedure shall be carried out through the appeals process specified in Section XX.XX.090. 9. Noncompliance Fees A. Pursuant to the most current Public Health fee schedule adopted by the Board of Health, Public Health may assess a noncompliance fee to an owner or person in charge for the following: 1. Jefferson County Public Health oversight and review required as a result of the Health Officer's determination that a owner or person in charge is not in compliance with these regulations and has not met the compliance dates specified in a notice and order to correct violation; or 2. Second and subsequent re-inspections conducted by Jefferson County Public Health in response to the owner or person in charge not complying with the requirements outlined in a notice and order to correct violation. B. Whenever a noncompliance fee is assessed by Jefferson County Public Health, the fee shall be due and payable thirty(30) days after receipt of the invoice by the owner or person in charge. • 10. Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of this ordinance, or rules and regulations adopted under it, or any state health law or regulation, or that otherwise threatens public health. XX.XX.090—REBUTTALS Owners, operators, managers, employers, or other persons who own or control a public place or place of employment may seek to rebut the presumption that twenty-five feet is a reasonable minimum distance by making application to the director of the local health jurisdiction in which the public place or place of employment is located. The presumption will be rebutted if the applicant can show by clear and convincing evidence that,given the unique circumstances presented by the location of entrances, exits, windows that open, ventilation intakes, or other factors, smoke will not infiltrate or reach the entrances, exits, open windows, or ventilation intakes or enter into such public place or place of employment and, therefore, the public health and safety will be adequately protected by a lesser distance • An application for rebutting the Presumptively Reasonable Distance requirement may be • submitted to the Jefferson County Public Health Administrator for consideration. The application must be accompanied by all of following: A. An application fee as established in the most recent Public Health fee schedule approved by Jefferson County Board of Health. B. A written description of the proposed reduction in the separation distance requirement. C. A detailed map showing the specific area to be considered for a reduced separation distance along with the location of all entrances, exits,windows that open, and ventilation intakes within 25 feet of the proposed smoking area. D. A written explanation by the applicant describing why the presumptively reasonable distance of 25 feet cannot be met and why consideration for a reduced separation distance is necessary. E. A written justification from the applicant describing the clear and convincing evidence they have gathered that demonstrates that given the unique circumstances presented by the location of entrances, exits,windows that open, ventilation intakes or other factors, smoke will not infiltrate into the facility. F. A written explanation from the applicant describing how they will monitor the • effectiveness of the reduced distance in keeping smoke from infiltrating into the facility, and what action they will take if smoke is determined to be entering the facility at a future time. The application for reduction in the twenty-five foot requirement applies only to the area addressed in the application and not to the entire structure or any other area near or around the facility. Any approval taken on the application submitted will need to endure a reasonable test of time and if future complaints are received against the facility because of second hand smoke, further inspections may be warranted and possible modification or revocation of the approval may be required. At the time of ownership change or if any structural changes to the building, have occurred an approved rebuttal is null and void and another rebuttal application must be submitted to JCPH for review. XX.XX.100—APPEAL 1. Appeal of Public Health Action—Health Officer Administrative Hearing. Any person aggrieved by the contents of a notice and order to correct violation issued • under this regulation, or any enforcement action conducted by Jefferson County Public Health under this regulation,may request, in writing, a hearing before the • Health Officer or his or her designee. For the purposes of this Chapter, the hearing before the Health Officer(or his or her designee) shall be known as the "administrative hearing." The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of Jefferson County Public Health. Such request shall be presented to the Health Officer within ten(10)business days of the action appealed; except in the case of a suspension of a food service establishment permit, the request for a hearing must be made within five(5) business days. Upon receipt of such request together with hearing fees, the Health Officer shall notify the person of the time, date, and place of such hearing, which shall be set at a mutually convenient time not less than five(5)business days, or more than thirty(30)business days from the date the request was received. The Health Officer will issue a decision upholding or reversing Jefferson County Public Health's action. The Health Officer may require additional actions as part of the decision. 2. Appeal of Administrative Hearing. A. Any person aggrieved by the findings, conclusions of law or mandated actions that arise or result from an administrative hearing shall have the right to appeal the matter by requesting a hearing before the Board of Health. Such notice of appeal shall be in writing and presented to the Health Officer within five(5) business days of the findings, conclusions of law and mandated actions from the • administrative hearing. The appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the Health Officer, and which shall be accompanied by a fee as established in the current Public Health fee schedule. The appellant and the Health Officer may submit additional information to the Board of Health for review. B. The notice and order to correct violation shall remain in effect during the appeal. Any person affected by the notice and order to correct violation may make a written request for a stay of the decision to the Health Officer within five(5) business days of the Health Officer's decision. The Health Officer will grant or deny the request within five(5)business days. C. Upon receipt of a timely written notice of appeal together with the hearing fee, the Health Officer shall set a time, date, and place for the requested hearing before the Board of Health and shall give the appellant written notice thereof. Such hearing shall be set at a mutually convenient time not less than five (5)business days or more than thirty(30)business days from the date the appeal was received by the Health Officer. D. Any decision of the Board of Health shall be final and may be reviewed by an action filed in superior court. Any action to review the Board's decision must be filed within thirty(30)business days of the date of the decision. • 3. Right to appeal decision of the Board of Health. A person or entity aggrieved by a decision of the Board of Health,which is • defined to include one or more of the following: 1) findings of fact, 2) conclusions of law or 3)mandated actions that the Board of Health may promulgate or issue with respect to issues of law and fact brought before him or her on appeal from an"administrative hearing"has the right of appeal to Superior Court as described within Chapter 34.05 RCW, the Administrative Procedures Act. XX.XX.110-- SEVERABILITY Should any paragraph,phrase, sentence or clause of these regulations be declared invalid or unconstitutional for any reason,the remainder of these regulations shall not be affected thereby. • • • APPENDIX A. REFERENCES The following is a list of Federal, State, and local laws,regulations, and documents referenced in Jefferson County Board of Health Ordinance 2006-XX,Secondhand Smoke Enforcement Revised Code of Washington(RCW), Chapters: 70.160, and Rebuttal Procedures • • ADOPTED this day of 2006 • JEFFERSON COUNTY BOARD OF HEALTH Geoff Masci, Chairman Jill Buhler,Member David Sullivan, Vice Chairman Sheila Westerman,Member Roberta Frissell, Member Phil Johnson, Member Pat Rodgers, Member • • • Jefferson County Board-of Health Wow Business .agenda Item # 1T, 2 • Proposed-Fee Schedule for Indoor .fir Regulation Enforcement Yebruary 16, 2006 • • JEFFERSON COUNTY PUBLIC HEALTH Addition to Existing Jefferson County Public Health Fees ENVIRONMENTAL HEALTH 2006 FEE Additional Fees and Other Information Compliance Enforcement 65.00 Per Hour Reinspection 65.00 Rebuttal Application 130.00 • • • Jefferson County Board of Health Media Report • february 16, 2006 • • Jefferson County Board of.3-leaCth .Media Report • Yebruary 16, 2o06 Jefferson County Public Health JANUARY — FEBRUARY 2006 NEWS ARTICLES 1. "Health department wants to clear air on smoking rules" PT Leader, February 8, 2006 2. "Food safety awards for 27 restaurants exceeding standards" PT Leader, February 8, 2006 3. "Community healthcare issues are `roundtable' topic Feb. 8" PT Leader, February 1, 2006 4. "Jefferson's homeless counted" • PDN, January 27, 2006 5. "Deputies investigate death of Quilcene baby" PDN, January 22, 2006 6. "Little relief in sight as rents rocket", (2 pages) PDN, January 22, 2006 7. "Affordable Jefferson rent? You must make $28,320" PDN, January 22, 2006 • • ID Wednesday,February B,2006•B 3 , Health department wants. toclear air on smoking rules Enforcement forum on Feb. 9 previews hearing on Feb. 16 Jefferson County Public Health hosts a Subsequent to the public meeting, a pub- Business owners must coin l public meeting 2-4 p.m. Thursday, Feb. 9 lic hearing on the proposed ordinance is set law, and if theydon' theyp y with the t, get one warn- to discuss the county's new clean indoor for 2:30 p.m. Thursday, Feb. 16 in the main ing and then can be fined for an ongoing air ordinance. The meeting is at the Spruce conference room at Jefferson County Public violation.Businesses and other public build- RoQm at WSU Extension,201 Patison St. in Health. ings must post signs prohibiting smoking Hadlock. Under the state Indoor Clean Air Act, at building entrances and other prominent littyThe Board of Health has approved a draft anyone caught smoking in a building that's places.The law requires a warning be given indoor air ordinance that outlines the open to the public — or within 25 feet of a before a fine is imposed. 's policies for enforcement of statewide door, window or air intake vent — could be Information about Initiative 901. Health officials say the public fined upto$100 enforcement iof n per violation. Washington's Indoor Clean Air Act in meeting is an opportunity for restaurant own- The Jefferson County Health Department Jefferson County is available on the county ers, the public and other interested parties to is the local agency in charge of enforcement, health department website at www.jefferson- ask questions about the ordinance and Initiative not city police or county deputies. countypublichealth.org. 901 and learn more about how it could affect Passersby who happen to walk within the The full text of RCW 70.160 is available themselves or their businesses.A copy of the protected area would not be in violation of on the state Legislature website at wwwl. draft ordinance will be available for review. the law. leg.wa.gov. • 1 • • 2 awardsfor 7 Foo safety exceedingrestaurantsstan ar s . Jefferson County Public op Deli,J.Briar Kolp;El Sarape Steve Kraght; Lehani's,William Victorian Square Market&Deli, Health presented the 2005 Mexican Restaurant, Pedro LeMaster & Lynn Hamlin- Gina Landon; Wild Coho, Jay Outstanding Achievement Arceo & Jaime Lopez; Fiesta LeMaster; Logger's Landing, Payne. Awards to 27 food service estab- Mexican Restaurant, Tabatha Jack Helgens; Macadoo's, Nick "These 27 restaurants and lishments and their proprietors Kibler; Galatea Cafe & Tapas Harper;Pizza Factory,Francis& proprietors have demonstrat- who demonstrated the highest Bar, Lora Wood; Half-way Valorie Danielek; Portside Deli ed a strong commitment to standards for safe food handling House Restaurant, Reuben & Ltd., Lynda & Brian Douglas; food safety and handling and during 2005. Dorothy Land;Highway Twenty Public House, Joann Saul; Salal deserve to be recognized for The awards are based on Roadhouse, Tammy Sukert & Café, Pat Fitzgerald & Jenny that outstanding effort," said the following criteria: no more Connie Benson; Ichikawa, Jim Westdal; Shanghai Restaurant, Mike McNickle, environmental than five red points on any one Switz;Khu Larb Thai,Ampawan Chuong Ly & Nu Ha Luong; health director. inspection, not more than 15 & Paul Itti; La Isla Mexican total (red and blue) points on Restaurant, Ignacio Rangel & any one inspection, no repeated Gabriel Rangel; Lanza's,Lori& red point violations, establish- ment prepares and sells com- .nfoods for immediate con- ption,in business with same owner for one year or more, responsiveness to correcting violations, no food worker card violations, compliance with the establishment's permit condi- tions, cleanliness and attention to detail. Recipients of the 2005 Outstanding Achievement Awards are: Ajax-Cafe, Kristan &Laura Eileen;Betty's Landfall, - Tony & Betty Harriman; Blue Moose Cafe, Tana Kettle & Margret Dahlberg; Bread & Roses Bakery Inc.,LindaYakush; Castagno's, Gail McClane; Chimacum Café, James. Blake; Discovery View Retirement, Alicia McMahon;The Food Co- Wednesday,February 1,2006.6 3 Community •Issues are �roun to e topic Feb,. 8 Healthcare is the focus of the second available locally,what future plans are under We aren't as healthy as the general popu- Community Roundtable next Wednesday, way, and how community members can lation in Canada or England, who spend Feb. 8, with an emphasis on how health- help. Dirksen and some of the hospital much less. Why? care services are provided through Jefferson commissioners will be available to answer Healthcare and by other providers. This second in a continuing series of questions. Community Roundtables is sponsored by Proceedings are 7-9 p.m.at Port Townsend Organizers say some questions to Port Townsend/Jefferson County Democracy Community Center. The public is invited to explore might include: Is there anything bring questions and ideas to the nonparti- we as patients and residents can do to make a r approximerica.ately Roundtable r meetings are offered san event. Roundtable organizers provide Jefferson County more desirable so our up Y every three months. Theire refreshments. doctors won't leave? What would it take together kse e for interested people to explore Hospital Administrator Vic Dirksen is the to establish a free clinic, as Sequim has, munity and the wipubld worlisesd The roundtaecting the bles featured speaker. Topic for the evening is for uninsured people? My doctor retired; are marked by presentations from knowl- "Local Health Care for All -Including the how do I find another one willing to take edgeable leaders followed by spirited discus- Insured, Under-insured and Un-insured." Medicare?Why do we spend an average of sion among community members. • Roundtable discussion is to include what $6,000 per year per person for healthcare, For information contact Jenifer Taylor, 41happening now to make healthcare more more than any other country in the world? 385-3666,or Joe Wagner,344-3904. ,, , ..,2-/1/off • al /-2 7-- ©� • PENINSULA DAILY NEWS—(J) Peninsu laN or throes t Jefferson 's homeless counted Weather affects . turnout for aid • census, food BY EVAN CAEL ,� PENINSULA DAILY NEWS ` m ' q • PORT TOWNSEND — It )' �� 1°y. t ) ' f�� might have been the weather +� f r — chilly gusts and stinging 5 .; raindrops—that kept Jeffer- #, son County homeless away , - _ P during Thursday's Point in Time count. , 'i, ' • Or it might have been a . ,g sense of denial, or pride, that attracted only two people to f' �1 ( the Haines Street Park and a k." ‘I'''",'„ �: " 4 „i.. : , Ride in Port Townsend to fill 'r out forms that will be con- ? + �a tributed to the statewide cen• y x '' sus that has been under way s , v baa all week. There is a denial,because t 1 they don't want to be affiliated g `; with that word 'homeless,'” t4',,r=,,,, a .+' 4 �. .f ,} t'` m.ap•r Yr, a • V €i said Steve Paysse, Olympic , ��,.�� , ,, � �+ • Community Action Program ` - • ," ' housing manager. F OIyCAP there No: 1 emer- ' '" "`• ' gency care agency on the `� �" ti • t North Olympic Peninsula, is �» s 1 �' r� r►; t spearheading the Jefferson `-.,,,,. `� °=` \'� ° County `�� �� ; Altough the annual counts ' do not directly affect federal ti� wi .: `+;.,`. WS and state funding home-dSuzy Ross,who is not homeless but acts as OIyCAP's liaison to the homeless community in Jefferson County,EVAN CAEL/N.NINSULA DAILY e and s—ff for home- stands next to Mike Rodriquez during Thursday's homeless census.Pizza,soup and coffee were offered to lesdraw the homeless to the Haines Street Park and Ride to fill out informational forms. less people were counted in Jefferson County—the intbr- m tion n Coured deter- problem," said Pam Negri, census forms to the, various Indian Point on the southern Paysse said Rossi knew just mine the needsr dof helpsach cdunty- regional public affairs officer food banks throughout the end of downtown Port where to find the homeless. "Thesey hcounts us bet-y for the Seattle office of the county,from Port Townsend to Townsend near Sims Way. ter understanding of give scope U.S. Department of Housing Port Hadlock, from Quilcene When that Y Throughoutedabout their tour,thor to tun de st nd ngo f th ecand Urban Development. to Brinnon. sold property who the coun aiy0 forms for of are enough resources if "We've got to have data. The forms also were left at didn't tlike the peopleo a new wner wng the counn yaid Paybse, therere a the probr said Without data, we'll never libraries and shelters, any there, the had camping Not only that,wbut Payaboutsse addAnnie Conant,e managingaiknow if we're making progress place where the homeless fre- and Rossi group had themo leave,find homelessnessold he learned a lot rson of the housing assis- on our goal." quant. ped in Jefferson tante for the state About 10 OIyCAP staff and At the Park and Ride, Oly- another place to stay. County. He's worked as Oly- directorLance unitnt of Community, community volunteers set up a CAP staff and volunteers ever sinceShe as stayed in touch Au housing manager since DDep and Economic Develop-, table at the Haines Street mulled about, talking and "I just don't like to see August. meet. Park and Ride from 4 p.m.to 6 shivering. Washington received $34.3 p.m. Thursday, providing homeless on the streets,"said "Mainly, wasa huge edu- miWashing year in funding to donated Domino's Pizza,souous man showed up tfor Rossi. cat"It'sions] experience,"exPaysse help with homelessness. and coffee to help draw home- the food and to fill out the Tour of county said experiment OIyCAP received $135,599 less people. sort of an ex in state funding to gp toward Fliers were posted last form,joked with everyone. Y in humanity what we're doing week around Port Townsend He said he was familiar Rossi luso Paysse on a today.i We're performing these solving the problem. with some of the volunteers Thursday tour of Jefferson experiments to create to spread the word. standing around the table, County,visiting various home-`Snapshot of the problem' This is the first year anacknowledgment in the com- munity like this has taken place particularly Suzy Rossi. less communities in Port munity that this does exist." A national goal to end in Jefferson County. She is not homeless, but homelessnessAwithin 10t years Inhas worked tirelessly for more Townsend, Port past years, forms have than four years helping the Hadlock, Quilcene and other reached a PDN Reporter e385-E2335 orCevan can has led to efforts such as the been taken to places where homeless in Jefferson County locations,to have people fill out pen nsutadairynews.com. cesus' homeless are likely to be. She said she first met "The Point in Time count is In addition to Thursday's Rodriguezreeyearsthe census forms that ask for to give us a snapshot of the event, OIyCAP distributed ago wle he was camping on date and other information.rth 0- 0- 2 ^+ v'Vi • — �• McC (mr' n y -} cn N oUl .t.-' a � a 1 z �.. . 8obe., , N 3 :: 8g � o o el' ,'".• p r (1.• M d 5. rz� y oaf 0 o z� —I �0-,-'o o a'4 8ap � 44 coNP,PoF° 0 Fo� g � o 0-, dj - . . 0 p m G o n.co m ry a2, ,ft y Z hi't "1 a. .- N et •_ f o pa d '�7c N �Qfla . mag 0.,-3<p° '35i y '1 MI E al gg p g•T O 0•� .41 f hit 2a p'�if ii O 8 M 0 mp 0 p'O� `4 m4.o co a, '. m 0 m y ° 1:..,.,.., , 0- — '• B p C Ho 2 (. 5•g � p•� w�. � g O 4 m ``ra b" a,.ct. o aCa 8 a'm` .. xo p N O ••cn • 07 n. — ": �' �w i&d' ay �� � dtiv a CD• 8 �p ro aa..', p '`�D I g x0, 0 „... y: p,W^n+ • m. .---Roz Roz A.Co •-f N NeD 0cr, . N 0N5ymy o ~ppo D N m °� mR . oC R oF C1 , Little r y ■ in sight as r e n s re e Real estate leveling, but • taxes on rise BY JERF CHEW PENINSULA DAILY NEWS • PORT TOWNSEND—The soar- DoneY Hammond ing cost of buying a home in.Port .•Townsend and Jefferson•County- prices from the third quarter of 2004 could ease up a bit this year, the -with-the same period in 2005,Ham- result of a nationwide price"correc-;.,mond said. tign'.i.trend in the real estate mar- '`Instead of a[real estate market] • ket. . bubble popping, I'believe a much Rental housing prices, hovteve3`, more worthy concern'for our corn- are threatened by a potential county =tray will be affordable home own- tax increase believed to be as high as ership for Jefferson County's work 40 percent. force," Hammond said in his real Such a boost in property taxes estate newsletter. could leave rental owners with little "This is an issue I have followed option but to pass it along to tenants. and discussed with our state legisla- Those are the city and county tore...." forecasts this year from longtime Hammond produced county real experts in real estate and property estate listings information reflective management. of the market trend during the "Prices are not going to go up but fourth quarter of 2005: I don't think they are going to come ■Homes prices range from a low down much,"said David Hammond, of $98,500 to $99,500 in Irondale 2005 Jefferson County Association and Brinnon, to the highest listing of Realtors president and a longtime of$4.25 million for a Marrowstone Port Townsend-area real estate Island estate on 34 waterfront acres. agent. The lowest-priced listings were Hammond cites a leveling off of for single- and double-wide mobile home prices, with some increases homes. where demand is strongest:for fam- ■There are now 20 homes in Jef- ilies in the work force. ferson County listed for more than The trend comes after a 35.7 per- $1 million. cent increase in the average Port Townsend home prices, comparing TURN TO PRICES A • a i. • o > .) y c y w m a) Cm v o m o00e0 E o-v m.m et) m >' C..c, '3'. 0 y ynp a)4 w O 4) 2a. 0 -'i;LCC:C p.0mL.0 m - i.-, O d .p y ~ Coab0 O C m CU a E " a) m m mc o mNo.' y. d d ,t,$... o m yi E� ooTm . c, b � 3 � 0wo � C01 -0 a^ m p > x CAmO � mNc a) m d m m.' ,, : ba) >, � [ >m . ,ylafca ° !00:6cc ° mai' >v >,Googyo ° 2'1 -C.yam )V. > . .0. :3 � C'.� >j°),C, mCm wC y tma C _bCasi,.. vx o �638 .d^ N. _ a3)nti m 00 ma)O . � zma) mGOaa) 00 cjsawww . � " m� acmmyy ••-.- O o --. ' > a) �ai a).- m-0 ° p• O,-,yNm� K'' d N >, m ).yq ^ d U Nmw ° mD6mm4mT00UU.Olas0•• m 03 VN0.O•_. 3 6) 04 Nt„ gm%c., N1..L U Uw dy.yNy Cmp.0. .m+��MEmm aU i 4 O^C ea a).-> q) r. � vi m 0 m.0 n acaaCy'7 , 0O.m „ ` : a sal a a.,.4.• z`®woziE m33,° c..0.0 `• 6 0, 0 L 0.aT. y *0;/, a 2 v - Cd 0ad " " y;' a .. C y Na40 N° _Cd, o C O O, G c) e.y , •- o a)a o.E.oy, a3E- ax) 3 m v . 3.c > .5N °: E'4 u° 0 0 E _o E v a) M a) " o m a) 3m+' O 00 f. ' +'u 0 m Emca•' >, c. '..'C 0 y N.0 N 0o . 0 . 0 a) 0 0. • om.' 0.- t .-• .i 0 • • .yOm• • . . O43Od > ]i 0 � 3C" . . ay ac .' n'p.' y . b0 0o 0 :'00 Zr.)ttl )• . m o .' o m'o a)••0 G. 0. 7:1 C CIL.'N ° x y a OC m y y _ . oaa° om 3aC + yMmd3w .i ,,,roao xmuo0-o 'di •o .mOOa ► yUdOdC `nyh . os amti0CCd mmmw .3.63 - 00 = 0,-1 %) 44.- g 3w't '° v3 F 3a °.c •a� ai c .GvCm ," omo0ay° mp 3).° mU mas "yc ^ o 0 pNu E" CoOmCa)q 7 m a)iAN" `"8 ,1>021's %bc.'.O iU O F t. . o..4) .0 .0 m • -) 4' X CI) m m ^..- C gmo3d0g Ea,Dmco6 •� La > mca Em.b • m �.0m.0-0 °m.c d !"Qox 3 OAR. v).� b.' maUo � � ba.')o �y�"2yd4mm a' m >,at� o E.' .a y•m U m p Uyw,d ,Zi . O'E o m ''�C ;_,y.4-27 bcm,mas ?i's- 6...5 0 at mw Cy, m a) N E oofCG p Os..ra al3 m C as 3 am.' O U -OS?+.G,G 4,ZJii N aEip db a) y oilflt .1 y� O om m N." C ° m E oC ) --t ho a 0 o qFE0 CD .4. -0 -0 Nm m OC L m .' C .. m, m �¢ �yy °w > 0 ° [ 6 - mmcmE� ,o,� O'm vN •> OaC myqm °�, :�A C.'bou i.�' dzs cmonE °Em _ acu 0 bA.4 � y�o .'. o cC ih • o • � o ocwaaO .��3Oov m >, °12.0 og '� ato o c amps c o c Z .-F.. >, U °Ni0m.0Ct v, ? ct O v al m a) y �p >Zi1 •d°a{3,,. _, oxmTm E m.xy 0 a,0. m N 0 y ° c«iccci� ' u 0_ v _.'w3n mwOa m" EU ' m"cE Evv) . w 0 wmm >, ac. aO >,md. o.0 d m mm C ' ca. m m .,E OO O y, ,...) ,....N > t C0._, ..0ocm '• a) 4 p0 aoy . � t my o.d38O - O >'. a) 2,^aCi.masU� M. o c. ` F °� o ) 3 'o0 ° m ^ v � ° c,`= 0l 0 naam >,c E 6 •> oA c..a'. y ti n m° 3a -o ao w m1..) ) a, cE '? CEa Inn 0 0 0 • ' rn .5 S U•^ .[eatd L' •1•°d Mao C d a) °u O . . m E30 O+ >, a) a) >, m >.,,c .0 'b ..0 w 0 o C Oai :C^ ) N M .m O1 ..0 0 O,.o .' rm m � U � �.+.' m m Oy >' aa) )q = Ha) mm Z ; C N ■ ■ p,. -o o O p. a) C 4 .' 3cy -- > � M.om,<,o y vCna >ti ,,U CMm3a) m yv a)E Uo v a °'c 3.mm "mC C doo uq o.olc, m 3 wmoE17'-oo O •: o E m y 0m> m.G' 0 w•.0' aa) A w U cNfQ ai' vo No Cp '7m > ti • '. C w > _ ma d C� .' ° ow 0 T C X c, a) .' ,CoXb] Ob 00 C � � 2 7m d ' �• �aO � . >,..I. c 0 w' j .... ap N3 .�v"''SO.0E 0. ,� z C. �cq O . CU . . 4mp_ m m T ° y mw d �. oY m. t, . O d'0. a CrE 43 71. I 4 Csl O -0W0 EUC m O 64. ..0 O cm R".0 0 m aa)•>' mo ..., y a7m � v > m Cj a O ,t, w O O 416 4-, 3 0 .z .p 3m c 0 y.- a»y, 0 E mCoxo . d oyCM Q200ah0 ° 0y .ma � miqE0 . d � aoCI 3• E ° . .,411) C 3 " 044)0.3 v4sa)�� ti Iv m " �s. • g.w bao a) ai E. 07o.'� >, a) o0 °- oiD s O0aao C'.'.0 opa p 0 00 m > 0OpE E W0 co. E. • 0 O 0 a)F" _ p wE•• F 0) 0 d m.' O � Nd O �ym w a).0 a F54ai "m miEC m m U m cdi m 'O a I) &)al E ��N■ ^cnk-; o, > - • o m x, E 4• . � mwa) -o al a) u■oy�rn • y o._°� °� a [ °' w cLo >. E• v p °' ofE o�`" Cd .� ° a _ °Q an, . � mw a 0' oa 3mma CC an.E .0 m ,� v M:[.: a E-.' E 2 Q,a �.bo e. EA> • • .. , ,. Affordable Jefferson rent? • You, must make28 320 $ . . • BY JEFF CHEW The coalition's recently release PENINSULA DAILY NEWS,, report states that a minimum-wage PORT TOWNSEND.— The fair worker would have to work 74 hours a week, market monthly rent for a twoybed-. wo, 2 weeks p rr afford room apartment in Jefferson County . that two bedroom apartmtmentt. is $708. •Or, a household must include two To afford that, a tenant must minimum wage earners working 40 earn $2,360 a month or $28,320 a hours a week year-round to afford year. the two-bedroom apartment. With a 40-hour workweek gear-'. `Such a housing unit is considered round, the $28,320 level of income affordable if it costs no more than 30 translates to a housing wage•of percent of the renter's income, the $13.62 an hour. coalition report states. Such housing affordability is no • The report also'shows that 2,780 easy task in a county where•a ilnin3✓; t'efitliI±';,hdlisehelds`exist among the mum-wage worker earns $7.35 an . county's total'11,645 households, for hour, the Out of Reach 2005. , 24 percent. report from the National Low - Income Housing Coalition revealed - TURN TO RENT/A10 Rent• `Difficult� � in. Port Townsend ' , CONTINUED FROM Al ,• "Solutions require a Com some governmental assis- waging a cost war in Iraq and 7 he county's median annual tance," he said. milt' income of$52,050 is far4" bined community effort dealing with the aftermaths of "The onus is on the entire major natural disasters,such as below the Washington state and some governmental community, not just us." median family income of The ability to sustain hous- South. cane Katrina in the $62.96 , according to the assistance." in in Jefferson Countyisget-'report g "Our.state is moving for- TIM HoCKEfT ting more and more difficult for ward,but we have seen cuts for In Jefferson, the estimated executive director of OIvCAP the needy. average wagehousing essentially at all lev- ag for a renter is "Getting Section 8 vouchers, els." $6.68 an hour, which stretches Tim Hockett, new executive it's just becoming a night- "It's as bad as I can remem- the need to work to 82 hours a director of Olympic Community mare," he said. ber," said week year-round to afford the Action Programs, said the ) housing is been with OIy the 16 years.ockett, who two-bedroom apartment, the report shows there is a "If just affordable for growing a struggle, how much more dif- Recalling the Peninsula's report states. gap for those who can afford ficult is it for people who need timber economy downturn of and retain housing in Jefferson an emergency shelter, or chem- the early 1990s, Hockett said: Supplemental income County and across the North Lcal dependency shelter? "At least the housing was Furthermore, the coalition Olympic Peninsula. "Or, people going through affordable,at least the land was divorce says the monthly Supplemental "It's particularly difficult in ,a single parent with 2-3 affordable." Security Income a Port Townsend," said Hockett, kLds what about those peopled- payments for ��ho heads upagency Hockett alsopoints to fed- Se individual are$579 in Jeffer- the a enc that PDNJefferson CountyEditor Jeff Chew son County. employs about 350 in Jefferson eral cutbacks in housing assis can be reached at 60-385-2335 or "If SSI represents an indi- and Cl counties, tance because the nation is jefCchew@peninsuladailynews corn sole source of income, "Here's a scenic place where $174 in month rent is afford- housing costs are traditionally able," according to the report. high." • Fair-market rent for a one- bedroom apartment in Jeffer— son County, however, is $579. He also cites a population The report raises the con- migration out of the Tri-Area of :e-ns of the top executive for Port Hadlock, Irondale and regional agency dedicated Chimacum,as well as Quilcene, elping low-income individu- the result of a lack of affordable D f ->Z Z_d ds and families change their housing in those areas. )light across the North "Solutions require a com- )lympic Peninsula. bined community effort and , Juelanne Dalzell ,,,,,i,__,„ :: ,_:, JEFFERSON COUNTY PROSECUTING ATTORNEY • Courthouse—P.O.Box 1220 0 :1. . . ,,,,,i , m Port Townsend,Washington 98368 (h�, 1'<�:: °4 �"" �; ; Telephone(360)385-9180 FAX(360)385-0073 - •; David W.Alvarez,Deputy Prosecutor t A,(:=.4- John Raymond,Deputy Prosecutor JEFFERSON COUNTY SEAT-PORT TOWNSEND,WASHINGTON Shane Seaman,Deputy Prosecutor Cheryl Potebnya,Deputy Prosecutor Lianne Perron-Kossow,Victim Witness Advocate MEMORANDUM TO: County Board of Health FROM: David Alvarez, Chief Civil DPA DATE: February 14, 2006 RE: What are the definitions for Junk and Abandoned vehicles? State law provides precise definitions for junk vehicles and abandoned vehicles and this memo is intended to help the Board of Health sort through the definitions and the rules that apply to junk or abandoned vehicles. For reasons stated below the BOH will not have many occasions 11111 to deal with"abandoned"vehicles. See#14 and#15 below. This memo is formatted in the "FAQ" [or"frequently asked question"] format. This memo is NOT confidential. 1. What is the definition of a junk vehicle? A junk vehicle must satisfy not less than three of the four criteria laid out in RCW 46.55.010, i.e., one must determine if the vehicle in question is a) three years old or older, 2) extensively damaged, e.g.,missing a windshield, a transmission or tires, 3) apparently inoperable and 4) in such disrepair that its fair market value equals or approximates the value of the scrap metal it contains. 2. Is creating a junk vehicle by leaving it unattended a crime or merely an infraction? It is a gross misdemeanor pursuant to RCW 46.55.230(6) if the junk car is left unwanted in an either an unincorporated or incorporated area, pursuant to 2001 amendments to this law. 3. Who can dispose of a junk vehicle? Several categories of persons can dispose of a junk vehicle, specifically 1) a law enforcement • officer having jurisdiction, 2) a representative of a County Board of Health who is enforcing IIIrules against illegal dumping of solid waste or 3) any representative of the State DMV. See RCW 46.55.230(1). 4. Assuming I am authorized to do so how do Igo about disposing of a junk vehicle? If the definition of junk vehicle has been satisfied, then the following steps must be taken: a. obtain the make and VIN or license plate number of the vehicle; b. using the information obtained retrieve the relevant information on the vehicle's registered and legal owners; c. In the absence of any information in the state records, the landowner (defined broadly as the fee title owner, a renter or a public official if the land is publicly-owned land) can immediately sign an affidavit of sale as a way of conveying title to some one else; d. give the landowner where the vehicle was situated the name and address of the vehicle's registered and legal owners e. the landowner has to mail a notice to the registered and legal owners of the vehicle telling the owners of the redemption process, the right to remove the vehicle and the 15-day deadline for doing so. f. If the registered or legal owner does not retrieve the vehicle in 15 days, the landowner can sign an affidavit of sale as a way of conveying title in the junk vehicle to someone else. Please refer to RCW 46.55.230(1) through .230(5). • S. What is the "redemption process with respect to a junk vehicle?" It is not clear whether the redemption process applicable to impounded vehicles [a legal term of art relating to vehicles a registered tow truck operator tows and stores] and codified at RCW 46.55.120 applies to junk vehicles. RCW 46.55.120 does not mention junk vehicles and would contradict the ability of the landowner to sell the junk vehicle on the 16th day and thus it is my educated guess that RCW 46.55.120 does not apply to junk vehicles. 6. Are there any consequences for the registered owner when a junk vehicle has been abandoned in an unincorporated area? Yes. When the abandonment of the junk car occurs within an unincorporated area then the registered owner is liable for a"clean up restitution payment" equal to twice the costs incurred in removing the junk vehicle. The landowner gets 50% of that payment and the law enforcement agency or health board that instigated the removal of the junk vehicle gets the other 50%. Of course, this presumes that the person abandoning the vehicle will get caught and will be able to IIJunk, abandoned and unauthorized vehicles Alvarez memo to Board of Health February 14, 2006 Page 2 of 6 • pay the restitution, both of which are not guaranteed. See RCW 46.55.230(6). 7. Is there any protection for persons who use the junk vehicle statute to remove junk vehicles? Yes. If that person, regardless of the 'hat' they were wearing (health department, law enforcement, landowner) acted in good faith in attempting to comply with the applicable state law, then they are immune from any liability. See RCW 46.55.230(8). 8. I am confused about vehicles that are unauthorized, impounded or abandoned. Are those terms synonyms for one another or do they have distinct and separate meanings? They are distinct terms with distinct meanings in the law. However, these three terms are related because the same vehicle can first be an unauthorized vehicle, then an impounded vehicle and finally an abandoned vehicle. Mostly, the status of the vehicle changes from one of these terms to another as time goes by. 9. What is meant by "unauthorized?" A vehicle is deemed unauthorized pursuant to RCW 46.55.010(13) when it has been left unattended in any of various public or private locations, e.g., on a highway, publicly-owned IIIparking facility or on privately-owned property. 10. When does a vehicle become unauthorized? A vehicle becomes unauthorized and subject to impoundment either immediately or after 24 hours if it is left unattended at a given location. 11. When does a vehicle become IMMEDIATELY unauthorized? A vehicle is susceptible to gaining the undesirable status of unauthorized immediately if it a) constitutes an accident or traffic hazard as defined in RCW 46.55.113,b) was abandoned in a publicly-owned or controlled parking facility and the facility is properly posted warning motorists that unauthorized vehicles will be towed immediately, c) was abandoned on privately- owned residential property or d) was abandoned on privately-owned and properly-posted non- residential property. 12. What does one do to properly post a particular spot? The public parking lot or the privately-owned non-residential land must be posted in a manner that complies with RCW 46.55.070. 4111/ Junk, abandoned and unauthorized vehicles Alvarez memo to Board of Health February 14, 2006 Page 3 of 6 13. So what causes a vehicle to become unauthorized only after 24 hours of abandonment? Several things give the owner of the vehicle 24 hours breathing room. They are, in no particular order, a publicly-owned or controlled parking facility that is NOT properly posted,privately- owned non-residential property that is NOT properly posted AND a vehicle left in a highway right-of-way and given, in conformance with RCW 46.55.085, a sticker by the law enforcement personnel who spotted it. 14. What is a possible consequence of a vehicle being "unauthorized?" Once it obtains the status of unauthorized it can be impounded. In some circumstances, the vehicle will be impounded by a registered tow truck operator(or "RTTO.") 15. What is another possible consequence of a vehicle being "unauthorized?" If the vehicle remains in storage with the RTTO for more than 120 hours (5 days) it becomes an abandoned vehicle. Refer to RCW 46.55.010. 16. Assuming a vehicle has gained the status of"unauthorized,"what can law enforcement officers do regarding that vehicle? The law enforcement officer, after signing and/or preparing a"signed authorization for the • impound," may direct the impounding of the unauthorized vehicle. The impound can also occur as a result of a court order or writ. See RCW 46.55.080. 17. What is the impound? The impound is apparently merely the act by an RTTO of removing the unauthorized vehicle to either the `place of business' for the RTTO or to another site chosen by the JCSO. The JCSO chooses the site if a so-called "public impound" has occurred, i.e., either a law enforcement officer ordered the impound or the vehicle was located upon publicly-owned property when it gained the undesirable status of"unauthorized." The term of art `public impound' is defined in state law at RCW 46.55.010(3)(a). 18. Are there special rules for vehicles left unattended on a highway right-of-way? Yes. 19. What are those special rules for vehicles left unattended on a highway right-of-way? The applicable state law, RCW 46.55.085(1) speaks of putting a sticker on an "unauthorized" vehicle. • Junk, abandoned and unauthorized vehicles Alvarez memo to Board of Health February 14, 2006 Page 4 of 6 • 20. vehicle?What information must be made part of the sticker placed on the "unauthorized" Three things must be part of the sticker: 1) the date and time the sticker was attached, 2) the identity of the officer, 3) a warning that if the vehicle is not removed within 24 hours from the time when the sticker was attached, then the vehicle may be taken into custody and stored at the owner's expense and 4) a statement that the owner's failure to redeem in accordance with RCW 46.55.120 will constitute the traffic infraction of"littering-abandoned vehicle." For all of this see RCW 46.55.085(1) 21. If my sticker complies, is there anything else a law enforcement officer must do with respect to a vehicle left in the highway right-of-way? If the vehicle has current WA plates, then law enforcement officers must make a reasonable effort to identify and contact the owner of record. RCW 46.55.085(2) 22. If the 24-hour period described in the sticker expires, then what occurs next? The law enforcement officer can take custody of the vehicle and take it to a place of safety, which can include the business location of a RTTO, a term of art in Ch. 46.55 RCW. Please review RCW 46.55.085(2) and .085(3). 23. Can the vehicle's owner plead special circumstances to get an extension beyond 24 hours? Yes. If the vehicle "does not pose a safety hazard," AND if the owner informs law enforcement "I need assistance in moving it from location ,"then the 24-hour mandate does not apply. 24. While it is clear the RTTO and law enforcement have many responsibilities regarding impounded and abandoned vehicles, what does the law say about the responsibility of the registered owner of a vehicle that gains "abandoned"status? According to RCW 46.55.105(1) the abandonment of any vehicle creates a prima facie (Latin for"first take" or"initial thought") case that the last registered owner of record is liable for the costs incurred in storing and disposing of the abandoned vehicle minus what might be obtained at the auction of the vehicle. Furthermore, if the vehicle is removed at the direction of law enforcement and eventually gains the status of"abandoned,"then the last registered owner is guilty of a traffic infraction • Junk, abandoned and unauthorized vehicles Alvarez memo to Board of Health February 14, 2006 Page 5 of 6 • [RCW 46.55.105(2)], although that traffic infraction is not a"stopping, standing or parking" violation. The person can stop the issuance of the traffic infraction by redeeming his or her vehicle in the manner required under RCW 46.55.120. Please see RCW 46.55.105(5). 25. What if the apparent "abandonment"was not the fault of the last registered owner? The law does have some flexibility in that regard. See below: • A vehicle theft report filed with a law enforcement agency allows the last registered owner to escape the traffic infraction but does not allow that registered owner to escape the cost of storage and disposal. See RCW 46.55.105(3). • Properly filing a report of sale or transfer regarding the vehicle that was allegedly abandoned frees the last registered owner from both paying the costs of the storage and disposal and the traffic infraction. See RCW 46.55.105(4). I hope this answers your questions. • David Alvarez. • Junk, abandoned and unauthorized vehicles Alvarez memo to Board of Health February 14, 2006 Page 6 of 6 ~ F JEFFERSON COUNTY PUBLIC HEALTH . * 615 Sheridan Street • Port Townsend •Washington • 98368 IIIwww.jeffersoncountypublichealth.org Jefferson County Clean Indoor Air Ordinance Compliance Initiative (thumbnail) DRAFT 1st Complaint: Warning letter and Voluntary Correction Agreement 2nd Complaint: Written notice and order to correct • violation 3rd Complaint: Inspection by Health Official and issuance of ticket upon finding violation 4th Complaint: Suspension of Food Permit 5th Complaint: Revocation of Food Permit IIICOMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES ,Irl° } ��� SAFt4 � NATURAL RESOURCES MAIN: 360-385-9400 MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 JEFFERSON COUNTY PUBLIC HEALTH • � 615 Sheridan Street • Port Townsend •Washington • 98368 www.jeffersoncountypublichealth.org Jefferson County 1-901 Implementation Plan- January,2006 Task Description Health Department Program PHASE ONE-beginning December 1,2005 1.1 Educational mailing to all bars/restaurants with alcohol licenses State Department of Health 1.2 JCPH Administration, Tobacco Press release: Revised Clean Indoor Air Act and complaint Prevention and Control Program process (TPCP) 1.3 Meet with county attorney to clarify specific components of the JCPH Administration, TPCP law&enforcement/civil penalties 1.4 Draft Ordinance re:Clean Indoor Air Act-enforcement/civil JCPH Administration,TPCP penalty administration 1.5 Update health department website with information on the law TPCP 1.6 Meet with Jefferson County facilities department to ensure JCPH Administration County facilities compliance 1.7 Participate on state-sponsored 901 Conference Calls TPCP, Food Safety Program(FSP) PHASE TWO-December 8th to March 2006 2.1 Develop complaint process JCPH Administration,TPCP 2.2 Develop education packet for non compliant establishments TPCP 2.3 Education packet mailed to establishments who may be out of TPCP compliance. 2.4 Develop Official Notice packet for non compliant establishments TPCP • 2.5 Official Notice packet mailed to establishments who may be out TPCP of compliance. 2.6 Coordinate tracking with EH&Tobacco staff TPCP, FSP 2.7 Establish enforcement protocol&warning/violation templates JCPH Administration,TPCP 2.8 Amend JCC as necessary to administer CIA Act revisions JCPH Administration,TPCP 2.9 Radio ads about the law and the statewide information line State Department of Health 2.10 Continue education to all affected businesses in Jefferson TPCP County 2.11 Develop process for 25-foot rule variance application and JCPH Administration, TPCP, FSP determination criteria 2.12 Meet with or present to law enforcement regarding 1-901 JCPH Administration,TPCP, FSP enforcement PHASE THREE-Post March 2006 3.1 Restaurant and bar compliance verified during routine food FSP inspections 3.2 Additional compliance checks based on complaints FSP 3.3 Cessation resources education campaign TPCP 3.4 Possible education on the law through food handlers testing TPCP 3.5 Possible information/training for security/bouncers etc to assure TPCP compliance with law • COMMUNITY HEALTH PUBLIC HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES AL f'lAYS WORKING F � AND NATURAL RESOURCES MAIN:360-385-9400MAIN:360-385-9444 FAX:360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401 � 5« JEFFERSON COUNTY PUBLIC HEALTH n t�? 615 Sheridan Street • Port Townsend •Washington • 98368 • www.jeffersoncountypublichealth.org February 14, 2006 Jefferson County Board of Health 615 Sheridan Port Townsend, WA 98368 We, a subcommittee created by Jefferson County Board of Health, interviewed all the applicants for the Substance Abuse Advisory Board. Of those four applicants, we found four enthusiastic and dedicated individuals in these interviews. We would like to put forward the following two names for consideration for appointment to the Board of Substance Abuse, John Barth and Bean Robertson. • J •an Baldwin eoff Masci Director, Jefferson County Public Health Jefferson County Board of Health cc: Ford Kessler, Safe Harbor Laurie Strong, Jefferson Mental Health • COMMUNITY HEALTH ENVIRONMENTAL HEALTH DEVELOPMENTAL DISABILITIES PUBLIC HEALTH DVAYS WORKING FOR A SAFER AND NATURAL RESOURCES MAIN:360-385-9400 MAIN:360-385-9444 FAX: 360-385-9401 HEALTHIER COMMUNITY FAX:360-385-9401