HomeMy WebLinkAbout052019_cabs01 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
Philip Morley, County Administrator
FROM: Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
Austin Watkins, Civil Deputy Prosecuting Attorney
DATE: May 20, 2019
SUBJECT: Informational Session on the Draft Public Nuisance Ordinance
STATEMENT OF ISSUE: The Prosecuting Attorney's Office (PAO) will brief the process
and procedures of the draft Public Nuisance ordinance and obtain feedback from the BoCC
during this informational session.
ANALYSIS: The PAO was directed to draft a Public Nuisance Ordinance for unincorporated
Jefferson County, as the County does not have a nuisance ordinance. The draft ordinance
establishes uniform regulations providing necessary tools to combat serious public nuisance
cases affecting entire neighborhoods, while minimizing required County resources.
The draft ordinance should be differentiated from code enforcement, which in many instances,
does not rise to the level of a public nuisance. A minor land use code violation would be handled
through efforts to obtain code compliance, not a public nuisance enforcement.
On May 13, 2019, the PAO gave an initial brief of the proposed Public Nuisance Ordinance. On
May 20, 2019, the PAO will discuss the process and procedures in the draft ordinance and obtain
BoCC feedback.
Overview of the Proposed Uniform System of Public Nuisance Regulation
The draft ordinance accomplishes the following:
• Uniform system of public nuisance regulation;
• Centrally declares nuisances;
• Establishes a preferred order of a precedent for compliance:
o First step—Voluntary correction, including voluntary compliance agreements;
o Second step—Civil violations, including civil penalties;
o Third step—Civil violations and order of abatement, including civil penalties and
county abatement of nuisances; and,
Page 1 of 2
o Allows criminal misdemeanor charges, used with prosecutorial discretion;
• Establishes the Hearing Examiner as the administrative appeal or hearing path;
• Allows cost recovery for abatement costs, such as staff time, clean up costs, and incidental
expenses;
• Permits a real property lien against the subject property for civil penalties and cost
recovery; and,
• Authorizes department directors to settle costs and civil penalties when certain factors have
been met and the settlement is in the best interest of the County.
Next Steps:
1. Revise draft ordinance based upon BoCC feedback received, if appropriate.
2. Consider a hearing notice, advertising a public hearing date and location for the draft
ordinance.
3. Conduct a public hearing on the draft ordinance obtaining citizen input and revising the draft
ordinance based upon citizen input, if appropriate.
4. Consider taking action to adopt the draft ordinance.
FISCAL IMPACT: While the draft ordinance develops a uniform system of public nuisance
enforcement,the overall fiscal impact is hard to quantify. First, the County devotes significant
resources to prosecuting nuisance cases with litigation spanning many years. This draft
ordinance aims to reduce County resources needed to prosecute public nuisance cases by
adopting uniform regulations and transitioning administrative appeals and hearings to the
Hearing Examiner. However, certain costs will be incurred, such as fees associated with
administrative appeals or hearings before the Hearing Examiner, which will be paid out of the
County's general fund. Second, this draft ordinance permits cost recovery and civil penalties
offsetting the costs to administer this program. Finally, the draft ordinance authorizes collection
efforts for monies due under the civil penalty or cost recovery scheme, such as real property
liens.
RECOMMENDATION: Participate in a 45 to 60-minute discussion providing PAO direction
on the draft Public Nuisance Ordinance.
REVIE STED BY:
n
Philip Morley, •ou A is rator Date
Page 2 of 2
James M. Kennedy Prosecuting Attorney 1BoCC Session on May 20, 20195/17/2019 Austin Watkins, Civil DPAPhilip C. Hunsucker, Chief Civil DPAPresentation byMay 20, 2019 ProceduresProcess
and Nuisance OrdinanceProposed
Policy Questions for Process and Procedures 2Session on May 20, 2019BoCC5/17/2019 Does the draft proposed ordinance provide sufficient due process?Due Process:4.rights?hearing or administrative
appeal system provide appropriate hearing or appeal Does the draft proposed ordinance’s Hearing or Administrative Appeal Process:3.notice of violation, and notice of violation and abatement?complian
ce emphasis provide an appropriate balance between voluntary correction, Does the draft proposed ordinance’s voluntary Voluntary Compliance Emphasis:2.reasonably meet the enforcement
needs of Jefferson County?Do the enforcement tools in the draft proposed ordinance Enforcement Need:1.
Compliance Steps Enforcement.Abatement and Superior Court.JCC 8.90.140.JCC 8.90.110(1).Abatement. and Order of Notice of Violation JCC 8.90.090(1).Notice of Violation. Agreement.
Correction Offer Voluntary Compliance. Notice of Voluntary 3Session on May 20, 2019BoCC5/17/2019
Voluntary Compliance Emphasized as the First Step 4Session on May 20, 2019BoCC5/17/2019 known that the action was a violation. JCC 8.90.090.responsible cannot be contacted, or the person
responsible knew or should have when the nuisance creates a situation that cannot be corrected, when the person Exceptions to voluntary compliance for emergency situations, repeat violations,
•JCC 8.90.010(6).immediate adverse impact. Warnings should be in writing, whenever possible. should give warnings prior to enforcing this chapter, unless there is an sensitive to the
possibility that residents may not be aware of this chapter and and voluntary compliance as a first step. County departments should be The county emphasizes avoidance of public nuisances
by education, prevention, •
Voluntary Compliance Process and Procedure 5Session on May 20, 2019BoCC5/17/2019 damages or relies on 8.90.190 and 8.90.200 for monetary penalties and cost recovery. determined -compliance
which may be appealed to the Hearing Examiner. The VCA includes pre-nuisance into compliance. If the VCA is breached, the County will issue a notice of nonof violation and order of
abatement. The VCA outlines actions and dates required to bring the County under a voluntary compliance agreement (VCA) at any time up until an appeal of a notice The person responsible
may enter into a contract with the Voluntary Compliance Agreement:3.penalties, abatement, cost recovery, and a real property lien. granted if certain conditions are met), and notice
that continued violations may result in civil reasonable time and date for corrective action, not to exceed 30 days (additional time may be Notice to responsible person detailing the
violation, providing a Notice of Voluntary Correction:2.the responsible person.violation of the draft proposed ordinance a Notice of Voluntary Correction will likely be issued to Jefferson
County will investigate the complaint or alleged nuisance. After finding Investigation:1.
Notice of Violation Process and Procedure 6Session on May 20, 2019BoCC5/17/2019 May not be required in certain circumstances. JCC 8.90.090(1)(b).Voluntary Compliance:5.Abatement is not
authorized under notice of violation.No Abatement:4.Monetary Mentalities authorized under JCC 8.90.190.Monetary Penalties:3.8.90.200.of Violation imposes monetary penalties under JCC
8.90.190 and costs under JCC Similar in content to Notice of Voluntary Correction, except the Notice Notice of Violation:2.responsible. JCC 8.90.090(1)(a).pursuant to JCC 8.90.080,
the director may issue a notice of violation to the person 8.90.050(32), has occurred or is occurring and is unable to secure voluntary correction When the director determines that
a nuisance, as defined in JCC Investigation:1.
Notice of Violation and Order of Abatement Process and Procedure 7Session on May 20, 2019BoCC5/17/2019 circumstances. JCC 8.90.110(1)(b).May not be required under certain Notice of Violation
and Voluntary Compliance:5.emergency situations. Summary Abatement:4.otherwise the County may abate the nuisance and recover its costs under JCC 8.90.200.Abatement Authorized:3.monetary
penalties; however, this notice authorizes abatement by the County. Similar to the Notice of Violation, including Notice of Violation and Order of Abatement:2.director may issue a notice
of violation and order of abatement to the person responsible.attempt for voluntary compliance and/or a notice of violation under JCC 8.90.090, the 8.90.050(32), has occurred or is
occurring and is unable to secure compliance after an When the director determines that a nuisance, as defined in JCC Investigation:1.
Hearings and Administrative Appeals 8Session on May 20, 2019BoCC5/17/2019 administrative appeal.to the hearing examiner using generally the same standards and process as an Vehicle nuisances
have the option for a hearing, opposed to an administrative appeal, •8.90.140(4).The Hearing Examiner may modify the monetary penalties using factors under JCC •dismiss the previous
decision.Hearing Examiner may affirm the previous decision, modify the previous decision, or •appealed to the Hearing Examiner within 15 days of mailing the decision.Violation; Stop
Work Order; and Notice of Violation and Order of Abatement may be compliance from a Voluntary Compliance Agreement; Notice of -Notice of non•
JCC 8.90.190 during which such violation is committed, continued, or permit.”each and every day or portion thereto “Each violation shall constitute a separate civil violation for $1,000$500$250All
Other Violations$1,000$1,000$500Violation of Stop Work Order$1,000$500$250Vehicle Nuisance$1,000$500$250Salvage Nuisance$500$250$100Way Nuisance-of-Public Right$1,000$500$250Civil Code
Violation$500$250$100Burning Nuisance$500$250$100Building Nuisance$1,000$500$250Abandoned Vessel / Derelict VesselViolationSubsequent ViolationSecond ViolationFirst Nuisance 9BoCC Session
on May 20, 20195/17/2019 Daily Monetary Penalties—
Recovery of Costs.mailingandprintingrequiredanyofcoststheand;costsexaminerhearing;worktheinspectingandcontractingoraccomplishinginandnuisance,thewithassociatedcontractsandspecificationsnotices,prepar
ingincountytheofcostsandexpensesactual;expensesremovalorhauling,towing,disposal,;nuisancethedocumentinginincurredcosts;feesattorney'sincludingandindirectanddirectbothcosts,personnelto,limitednotisbut
,includesrecoveredbemaythatcostsThe)2(.billingthemailingofdatetheofdays15withincountythetopayableandduebecomeshallandoccurredhasnuisancethewherepropertythecontroltoentitledpersonotheranyortenant,less
or,owner,theorresponsiblepersonthetobilledbeshalldecisionotheranyorabatement,oforderandviolationofnoticeviolation,ofnoticeagreement,compliancevoluntaryawithnoncomplianceofnoticeaunderincurredcostsand
fees,penalties,All)1(costsofRecovery200.90.8 10BoCC Session on May 20, 20195/17/2019
Proposed Next Steps 11BoCC Session on May 20, 20195/17/2019 the draft ordinance.Hold a public hearing to obtain citizen input on Public Hearing:3.BoCC considers a hearing notice; and,Hearing
Notice:2.sessions;Obtain BoCC feedback during informational BoCC Feedback:1.
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COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance on Public Nuisance } ORDINANCE NO.
in Unincorporated Areas of Jefferson County}
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities the police power to adopt such local police, sanitary and other regulations
as are not in conflict with general laws; and,
WHEREAS, Article XI, section 11 of the Washington Constitution is a direct delegation
of the police power to cities and counties, and the power delegated is as extensive within their
sphere as that possessed by the legislature; and,
WHEREAS,RCW 36.32.120(7)provides that the county legislative authorities shall make
and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as
are not in conflict with state law; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;2 and,
WHEREAS, the scope of police power is broad, encompassing all those measures which
bear a reasonable and substantial relation to promotion of the general welfare of the people;3 and,
WHEREAS, RCW 36.32.120 (10) provides that counties have the power to declare by
ordinance what shall be deemed a nuisance within the county; to abate a nuisance at the expense
of the parties creating, causing, or committing the nuisance; and to levy a special assessment on
the land or premises on which the nuisance is situated to defray the cost,or to reimburse the county
for the cost of abating it; and,
WHEREAS, the Board of County Commissioners (BoCC) is exercising its constitutional
and statutory authority to declare what shall be deemed a nuisance in unincorporated Jefferson
County and is establishing a system for addressing nuisances in the county that is consistent with
state law; and,
WHEREAS, the BoCC has held a hearing and has received public comment on the draft
ordinance proposed by staff; and,
WHEREAS, in response to the public comment and testimony, additional improvements
to the draft ordinance have been made,
1 Weden v. San Juan Cty., 135 Wn. 2d 678, 705, 958 P.2d 273, 286 (1998).
2 Weden v. San Juan Cty., 135 Wn. 2d 678, 692, 958 P.2d 273, 280 (1998).
3 Weden v. San Juan Cty., 135 Wn. 2d 678, 692, 958 P.2d 273, 280 (1998).
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NOW,THEREFORE,be it ordained by the BoCC as follows:
Section 1. Adding Chapter 8.90 JCC. Chapter 8.90 JCC shall be added as set forth in
Appendix A.
Section 2. Findings. The BoCC hereby adopts the above recitals (the "WHEREAS"
statements) as its findings of fact in support of this Ordinance.
Section 3. Severability. The provisions of this Ordinance are declared separate and
severable. If any provision of this Ordinance or its application to any person or circumstances is
held invalid, then the remainder of this Ordinance or application of its provisions to other persons
or circumstances shall remain valid and unaffected.
Section 4. Establishment Fees. Fees set forth in Chapter 8.90 JCC shall be established.
These fees shall be added to the Appendix Fee Schedule.
Section 5. SEPA Compliance. The Jefferson County Prosecuting Attorney's Office
prepared an environmental checklist detailing the proposed ordinance and its compliance with the
State Environmental Policy Act(SEPA). After a review of the environmental checklist, proposal,
available information, and applicable regulations Jefferson County's SEPA Responsible Official
issued a Determination of Non-Significance(DNS)on May ,2019 under WAC 197-11-340(1).
Under WAC 197-11-340 this DNS does not require a public comment period.
Section 6. Effective Date. This ordinance is effective immediately upon adoption.
ADOPTED this day of 2019, at ••
a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Kate Dean, Chair
David Sullivan, Member
ATTEST:
Greg Brotherton, Member
APPROVED AS TO FORM:
Carolyn Gallaway, Date Philip C. Hunsucker, Date
Deputy Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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APPENDIX A
Chapter 8.90
PUBLIC NUISANCES
Sections :
8.90.010 Purpose.
8.90.020 Liberal construction.
8.90.030 Declaration of nuisance.
8.90.040 Public rules.
8.90.050 Definitions.
8.90.060 Enforcement authority and administration.
8.90.070 Service of notices of voluntary compliance,notices of noncompliance, notices of
violation,stop work orders, and notices of violation and orders of abatement issued under
this chapter.
8.90.080 Voluntary correction.
8.90.090 Notice of violation.
8.90.100 Stop work order.
8.90.110 Notice of violation and order of abatement.
8.90.120 Vehicle nuisance.
8.90.130 Public right of way nuisance.
8.90.140 Administrative appeals.
8.90.150 Crimes designated.
8.90.160 Right of entry.
8.90.170 Conflicts.
8.90.180 Representation by attorney.
8.90.190 Monetary penalties.
8.90.200 Recovery of costs.
8.90.210 Settlement of monetary penalties and costs.
8.90.010 Purpose.
(1) This chapter shall be construed as, and is intended to be enacted as, a regulation
adopted pursuant to the police power granted to counties in Art. XI, Sec. 11, Washington State
Constitution.
(2) In this chapter, the board of county commissioners for Jefferson County exercises the
power granted to them by RCW 36.32.120(10)to declare what shall be deemed a nuisance within
the county;to prevent,remove,and abate a nuisance at the expense of the parties creating,causing,
or committing the nuisance;and to levy a special assessment on the land or premises on which the
nuisance is situated to defray the cost, to reimburse the county for the cost of abatement, and to
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assess penalties to encourage compliance, which shall constitute a lien against the property that
shall be of equal rank with state, county, and municipal taxes.
(3) In addition to the power exercised to the board of county commissioners for Jefferson
County through RCW 36.32.120(10),the board of health for Jefferson County has the authority to
declare, control, and abate nuisances detrimental to the public health under RCW 70.05.060(5).
(4) This chapter provides uniform and efficient regulation of acts or omissions which annoy,
injure, or endanger the public health and safety. Uniform and efficient procedures with consistent
application tailored to each county department's mission should be used to accomplish the
purposes of this chapter.
(5) The county shall pursue compliance (including voluntary compliance) with this chapter
actively and vigorously in order to protect the public health and safety. The county's intention is
to pursue compliance consistently,with adherence to,and respectful of,fundamental constitutional
principles.
(6) The county emphasizes avoidance of public nuisances by education, prevention, and
voluntary compliance as a first step.County departments should be sensitive to the possibility that
residents may not be aware of this chapter and should give warnings prior to enforcing this chapter,
unless there is an immediate adverse impact. Warnings should be in writing, whenever possible.
(7) While voluntary compliance through warnings and voluntary compliance agreements are
desired as a first step, enforcement and monetary penalties should be used for remedial purposes
as needed to assure and effect compliance with this chapter. Abatement or remediation should be
pursued when appropriate and feasible.
(8) While this chapter does authorize the county to take action to enforce county laws and
regulations it shall not be construed as placing responsibility for the nuisance or enforcement upon
the county in any particular case, or as creating any duty on the part of the county to any particular
person or class of persons.
8.90.020 Liberal construction.
This chapter shall be liberally construed to carry out its broad purposes.
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8.90.030 Declaration of nuisance.
Pursuant to RCW 36.32.120(10),the board of county commissioners for Jefferson County declares
that all nuisances defined in JCC 8.90.050(32) and all violations of this chapter are hereby
determined to be detrimental to public health and safety are hereby declared public nuisances.
8.90.040 Public rules.
The county is authorized to adopt public rules by resolution of the board of county commissioners
to implement the provisions of this chapter.
8.90.050 Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1) "Abandoned vessel"has the same meaning as in RCW 79.100.010(1).4
(2) "Abandoned or derelict vessel nuisance" means an abandoned vessel or a derelict vessel
that has an adverse impact on public health and safety.
(3) "Abate" means to take steps to repair, replace, remove, destroy, or otherwise remedy a
condition which constitutes a nuisance under this chapter by such means and in such a manner, as
are deemed necessary by the director in the interest of the public health and safety.
(4) "Act" means taking any action.
(5) "Adverse impact" means a condition that degrades public health and safety.
(6) "Aggrieved person"means a person subject to a decision by the director under this chapter
and,
(a) The decision has prejudiced or is likely to prejudice that person;
4 "Abandoned vessel" means a vessel that has been left, moored, or anchored in the same area
without the express consent, or contrary to the rules of, the owner, manager, or lessee of the
aquatic lands below or on which the vessel is located for either a period of more than thirty
consecutive days or for more than a total of ninety days in any three hundred sixty-five-day
period, and the vessel's owner is: (a)not known or cannot be located; or(b)known and located
but is unwilling to take control of the vessel. RCW 79.100.010(1).
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(b) The person's asserted interests are among those that the county was required to
consider when the director made the decision; and,
(c) A judgment or final decision in favor of that person would substantially eliminate
or redress the prejudice to that person or entity caused or likely to be caused by the
final decision.
(7) "Attractive nuisance" means a condition that is detrimental to minors, whether in or on a
building, on the premises of a building, or upon an unoccupied lot, which is left in any place
exposed or accessible to children including,but not limited to, unused or abandoned refrigerators,
freezers, or other large appliances or equipment or any parts thereof; abandoned motor vehicles;
any structurally unsound or unsafe fence or building;any unsecured or abandoned excavation,pit,
well, cistern, storage tank or shaft; and, any lumber, trash, debris or vegetation which may prove
a hazard for minors.
(8) "Automotive repair business" means a business that performs "automotive repair," as
defined in RCW 46.71.011(2).5
(9) "Building" means any structure utilized or intended for supporting or sheltering any
occupancy.
(10) "Building nuisance"means in conjunction with Chapter 35.80 RCW,6 dwellings which are
unfit for human habitation, and buildings, structures, and premises or portions thereof which are
5 "Automotive repair" includes but is not limited to:
(a)All repairs to vehicles subject to chapter 46.16A RCW that are commonly performed in a
repair facility by a motor vehicle technician including the diagnosis, installation, exchange, or
repair of mechanical or electrical parts or units for any vehicle, the performance of any electrical
or mechanical adjustment to any vehicle, or the performance of any service work required for
routine maintenance or repair of any vehicle. However, commercial fleet repair or maintenance
transactions involving two or more vehicles or ongoing service or maintenance contracts
involving vehicles used primarily for business purposes are not included;
(b)All work in facilities that perform one or more specialties within the automotive repair
service industry including, but not limited to, body collision repair, refinishing, brake, electrical,
exhaust repair or installation, frame, unibody, front-end, radiators,tires,transmission, tune-up,
and windshield; and
(c) The removal, replacement, or repair of exterior body panels, the removal,replacement, or
repair of structural and nonstructural body components, the removal, replacement, or repair of
collision damaged suspension components, and the refinishing of automotive components.
RCW 46.71.011(2).
6 See RCW 35.80.10. ("It is hereby found that there exist, in the various municipalities and
counties of the state, dwellings which are unfit for human habitation, and buildings, structures,
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unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards
of fire, accidents,or other calamities, inadequate ventilation and uncleanliness, inadequate light or
sanitary facilities, inadequate drainage, overcrowding, or due to other conditions that have an
adverse impact on health and safety.
(11) "Burning nuisance" means the burning of any plastics, rubber, or any materials or item
causing noxious or toxic odors or heavy smoke. Natural vegetation including tree limbs, brush,
grass clippings, garden refuse, agricultural stubble, or other like materials are exempt, unless
burning these materials is prohibited under Chapter 173-425 WAC, Chapter 173-430 WAC or,
Chapter 332-24 WAC.
(12) "Civil code violation"means and includes:
(a) Any act or omission contrary to any ordinance,resolution,regulation,or public rule
of the county that regulates or protects public health and safety;
(b) Any use or development of land or water in violation of Title 17 JCC or Title 18
JCC; or,
(c) Any act or omission contrary to the conditions of any permit, notice of violation,
notice of violation and order of abatement, or stop work order issued pursuant to
any ordinance, resolution, regulation or public rule.
For the avoidance of doubt, a civil code violation exists whether or not the ordinance, resolution
regulation or public rule is codified.
(13) "Condition" means a state of being.
(14) "County" means Jefferson County, Washington.
and premises or portions thereof which are unfit for other uses due to dilapidation, disrepair,
structural defects, defects increasing the hazards of fire, accidents, or other calamities,
inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate
drainage, overcrowding, or due to other conditions which are inimical to the health and welfare
of the residents of such municipalities and counties. It is further found and declared that the
powers conferred by this chapter are for public uses and purposes for which public money may
be expended, and that the necessity of the public interest for the enactment of this law is hereby
declared to be a matter of local legislative determination.")
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(15) "Degrade" means to scale down in desirability or salability, to impair in respect to a
condition.
(16) "Director" means: (a) the elected official, county department head, or county officer
responsible for enforcing a civil code violation; (b) authorized representatives of the director,
including compliance officers and inspectors whose responsibility include the detection and
reporting of civil code violations; and, (c) any designee of the board of county commissioners,
empowered to enforce violations of this chapter.
(17) "Department"means the county department responsible for enforcing the civil code being
violated.
(18) "Derelict vessel" has the same meaning as RCW 79.100.010(5).7
(19) "Development" means the alteration, demolition, enlargement, erection, maintenance or
use of any structure or the alteration or use of any land above, at or below ground or water level,
in a manner authorized by law.
(20) "Emergency" means a situation which, in the opinion of the director, requires immediate
action to prevent or eliminate substantial and immediate adverse impact to the public health and
safety.
(21) "Critical areas" means critical areas as defined in RCW 36.70A.030(5),8 including critical
aquifer recharge areas, geologically hazardous areas, fish and wildlife habitat conservation areas,
frequently flooded areas, and wetlands,each as further delineated in Chapter 18.22 JCC. Per RCW
36.70A.030(5),"Fish and wildlife habitat conservation areas" does not include such artificial
features or constructs as irrigation delivery systems, irrigation infrastructure, irrigation canals, or
7"Derelict vessel"means the vessel's owner is known and can be located, and exerts control of a
vessel that: (a)has been moored, anchored, or otherwise left in the waters of the state or on
public property contrary to RCW 79.02.300 or rules adopted by an authorized public entity; (b)
has been left on private property without authorization of the owner; or(c)has been left for a
period of seven consecutive days, and: (i) is sunk or in danger of sinking; (ii) is obstructing a
waterway; or, (iii) is endangering life or property. RCW 79.100.010(5).
8 "Critical areas" include the following areas and ecosystems: (a) Wetlands; (b) areas with a
critical recharging effect on aquifers used for potable water; (c) fish and wildlife habitat
conservation areas; (d) frequently flooded areas; and(e) geologically hazardous areas. "Fish and
wildlife habitat conservation areas"does not include such artificial features or constructs as
irrigation delivery systems, irrigation infrastructure, irrigation canals, or drainage ditches that lie
within the boundaries of and are maintained by a port district or an irrigation district or company.
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drainage ditches that lie within the boundaries of and are maintained by a port district or an
irrigation district or company.
(22) "Final decision"means a final decision pursuant to: (a)JCC 8.90.080, 8.90.090, 8.90.100,
8.90.110, unless a timely request for an administrative appeal then JCC 8.90.140(4); (b) JCC
8.90.120(5), unless a timely request for a hearing then JCC 8.90.120(8); or, (c) 8.90.130(3).
However, if a voluntary correction agreement is entered into pursuant to JCC 8.90.080(1)(b)then
the voluntary correction agreement is a final decision, unless a notice of noncompliance is issued
under the voluntary agreement; the notice of noncompliance is a final decision unless a timely
request for an administrative appeal then JCC 8.90.140(4).
(23) "Found violation" means: (a) a notice of voluntary compliance, a notice of violation, stop
work order,or notice of violation and order of abatement has been issued and not timely appealed;
(b) a voluntary compliance agreement has been entered into; or, (c) the hearing examiner has
determined that the violation has occurred and the hearing examiner's determination has not been
stayed or reversed on appeal.
(24) "Hearing examiner"means a hearing examiner employed by the county, who is authorized
to handle the administrative remedies authorized by this chapter.
25 "Hulk hauler" has the same meaningas in RCW 46.79.010(4).9
( )
(26) "JCC"means the Jefferson County Code, as it now exists or is later amended.
(27) "Junk vehicle"has the same meaning as in RCW 46.55.010(5).10 However, "Junk vehicle"
does not include a vehicle or part thereof that is stored entirely within a building in a lawful manner
9 "Hulk hauler"means any person who deals in vehicles for the sole purpose of transporting or
selling them to a licensed vehicle wrecker or scrap processor in substantially the same form in
which they are obtained. A hulk hauler may not sell secondhand motor vehicle parts to anyone
other than a licensed vehicle wrecker or scrap processor, except for those parts specifically
enumerated in RCW 46.79.020(2), as now or hereafter amended, which may be sold to a licensed
vehicle wrecker or disposed of at a public facility for waste disposal.
RCW 46.79.010(4).
10 "Junk vehicle"means a vehicle certified under RCW 46.55.230 as meeting at least three of the
following requirements:
(a) Is three years old or older;
(b) Is extensively damaged, such damage including but not limited to any of the following: A
broken window or windshield, or missing wheels, tires, motor, or transmission;
(c) Is apparently inoperable;
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where it is not visible from the street or other public or private property,or a vehicle or part thereof
that is stored or parked in a lawful manner on private property in connection with the business of
a licensed vehicle wrecker or licensed vehicle dealer and is fenced according to the requirements
of RCW 46.80.130.
(28) "Immediate adverse impact"mean an adverse impact to public health and safety that could
occur within a short period of time.
(29) "Inoperative vehicle" means a vehicle which: (a) has been in stationary position for more
than 14 days; (b)appears to be unable operate or move; (c) needs repairs to be operable; or, (d) is
unable to move a distance of 20 feet under its own power on a flat surface.
(30) "Land disturbing activity" means any activity that results in a change to the existing
soil cover, both vegetative and non-vegetative, or existing soil topography. Land disturbing
activities include,but are not limited to: clearing,construction,demolition,excavation,filling,
or grading.
(31) "Mitigate" means to take measures, subject to county approval, to minimize the
harmful effects of a violation where remediation is either impossible or unreasonably
burdensome.
(32) "Nuisance" includes: (a) conditions meeting the definition in RCW 7.48.120,11 that are
public nuisances; and, (b) each of the conditions determined to be nuisances pursuant to RCW
36.32.120(10) by the board of county commissioners, namely: (i) abandoned or derelict vessel
nuisances; (ii) attractive nuisances; (iii) building nuisances; (iv) burning nuisances; (v) civil code
violations; (vi) other nuisances declared by the board of county commissioners or the board of
health and which are codified in the JCC; (vii) public right-of-way nuisances; (viii) salvage
nuisances; and, (ix) vehicle nuisances.
(33) "Omission"means a failure to act.
(d) Has an approximate fair market value equal only to the approximate value of the scrap in it.
RCW 46.55.010(5).
11 "Nuisance consists in unlawfully doing an act, or omitting to perform a duty, which act or
omission either annoys, injures or endangers the comfort, repose, health or safety of others,
offends decency, or unlawfully interferes with, obstructs or tends to obstruct, or render
dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public
park, square, street or highway; or in any way renders other persons insecure in life, or in the use
of property." RCW 7.48.120.
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(34) "Or"means both or and and/or.
(35) "Other declared nuisances" means nuisances declared elsewhere in the Jefferson County
Code declared under RCW 36.32.120(10).
(36) "Person"means person as that term is defined in RCW 1.16.080.12
(37) "Person responsible"means either the person who caused the alleged nuisance, if that can
be determined, or the lessor, owner, tenant or other person entitled to control, use or occupy, or
any combination of control, use or occupy, property where a nuisance occurs, or both.
(38) "Public health and safety" means the public health, safety or welfare and the protection of
the environment and includes protection of the comfort, repose, security or safety of persons or
property from conditions that: (a) annoy, injure or endanger the repose, health or safety of others;
(b) degrade the environment; (c) unlawfully interfere with, obstruct or tend to obstruct, any lake
or navigable river,bay, stream, canal or basin, or any public park, square, street or highway; (d) in
any way render other persons insecure in life, or, (e) in the use of property are inconsistent with
public health and safety.
(39) "Public nuisance"has the same meaning as in RCW 7.48.130.13
(40) "Public right-of-way nuisance" means personal property or solid waste belonging to an
evicted tenant has been placed onto public right-of-way pursuant to a court-ordered eviction per
Title 59 RCW,the evicted tenant or owner of the personal property or solid waste or their designee
shall have twenty-four hours to remove said personal property or solid waste from the public right-
of-way.
(41) "Public Rule"means any rule adopted by the county pursuant to JCC 8.90.040.
12 (1)The term "person"may be construed to include the United States, this state, or any state or
territory, or any public or private corporation or limited liability company, as well as an
individual.
(2) Unless the context clearly indicates otherwise, the terms"association,""unincorporated
association," and "person, firm, or corporation"or substantially identical terms shall,without
limiting the application of any term to any other type of legal entity, be construed to include a
limited liability company.
RCW 1.16.080.
13 "A public nuisance is one which affects equally the rights of an entire community or
neighborhood, although the extent of the damage may be unequal."RCW 7.48.130.
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(42) "RCW"means the Revised Code of Washington, as it now exists or is later amended.
(43) "Registered tow truck operator" has the same meaning as in RCW 46.55.010(7).14
(44) "Remediation" means to restore a site to a condition that complies with critical areas or
other regulatory requirements as they existed when the nuisance occurred; or, for sites that have
been degraded under prior ownerships, restore to a condition that does not pose an immediate
adverse impact to the public health and safety.
(45) "Repeat nuisance"means a nuisance of the same regulation by the same person for which
voluntary compliance previously has been sought,a notice of violation has been issued,or a notice
and order of abatement has been issued, within the immediately preceding 24 consecutive month
period.
(46) "Salvage nuisance" means the outside accumulation of solid waste or materials that has
an adverse impact on public health and safety.
(47) "Solid waste"has the same meaning as in RCW 70.95.030(22).15
(48) "Scrap"means any manufactured metal or secondhand vehicle parts useful only as material
for reprocessing.
14 "Registered tow truck operator"or"operator"means any person who engages in the
impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned
vehicles. RCW 46.55.010(7).
15 "Solid waste"or"wastes"means all putrescible and nonputrescible solid and semisolid wastes
including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge,
demolition and construction wastes, abandoned vehicles or parts thereof, and recyclable
materials. RCW 70.95.030(22). [Note: Considered making this mean the same as in JCC
8.10.100, which has a broader definition, but decided against it to avoid a preemption claim.
JCC 8.10.100 defines "solid waste"as Solid Waste: All putrescible and non-putrescible solid and
semi-solid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill,
animal wastes, construction and demolition wastes, land clearing wastes, contaminated soils,
contaminated dredged spoils,junk vehicles or parts thereof(including waste tires), and discarded
commodities. This includes all liquid, solid and semi-solid, materials that are not the primary
products of public, private, industrial, commercial, mining and agricultural operations. Solid
waste also includes, but is not limited to, wood waste, dangerous waste, yard waste, bulky waste,
biomedical waste, animal waste, waste tires, recyclable materials, and problem wastes.
Municipal sewage sludge or septage is a solid waste when placed in a municipal solid waste
landfill subject to the requirements in Chapter 173-351 WAC, Criteria for Municipal Solid Waste
Landfills, Chapter 173-308 WAC, Biosolids Management, and a solid waste handling permit
issued by the Health Officer.]
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(49) "Scrap processor"has the same meaning as in RCW 46.79.010(2).16
(50) "Screened"means not visible from any portion or elevation of any neighboring or adjacent
public or private property, easement, or right-of-way.
(51) "Secondhand vehicle part" means any secondhand vehicle part, including but not limited
to a "core" as defined in RCW 46.80.010(1)17, or "major component part" as defined in RCW
46.80.010(4)18.
(52) "Vehicle"means every device capable of being moved upon a highway and in, upon,or by
which any person or property is or may be transported or drawn upon a highway. Vehicle shall
include but shall not be limited to automobiles, motorcycles,trucks, buses, motorized recreational
vehicles, campers, travel trailers, and boat trailers. Vehicle does not include devices moved by
human or animal power, or used exclusively upon stationary rails or tracks.
(53) "Vehicle dealer"has the same meaning as in RCW 46.70.011(17).19
(54) "Vehicle nuisance" means a vehicle nuisance as described in JCC 8.90.120.
(55) "Vehicle wrecker"has the same meaning as in RCW 46.80.010(6).20
16 "Scrap processor"means a licensed establishment that maintains a hydraulic baler and shears,
or a shredder for recycling salvage. RCW 46.79.010(2).
17"Core"means a major component part received by a vehicle wrecker in exchange for a like
part sold by the vehicle wrecker, is not resold as a major component part except for scrap metal
value or for remanufacture, and the vehicle wrecker maintains records for three years from the
date of acquisition to identify the name of the person from whom the core was received.
RCW 46.79.010(1).
18 "Major component part" includes at least each of the following vehicle parts: (a)Engines and
short blocks; (b) frame; (c)transmission and/or transfer case; (d) cab; (e)door; (f) front or rear
differential; (g) front or rear clip; (h)quarter panel; (i)truck bed or box; (j) seat; (k)hood; (1)
bumper; (m) fender; and (n)airbag. The director may supplement this list by rule.
RCW 46.79.010(4).
19 "Vehicle dealer"means any person, firm, association, corporation, or trust, not excluded by
subsection (18)of this section, engaged in the business of buying, selling, listing, exchanging,
offering, brokering, leasing with an option to purchase, auctioning, soliciting, or advertising the
sale of new or used vehicles, or arranging or offering or attempting to solicit or negotiate on
behalf of others, a sale, purchase, or exchange of an interest in new or used motor vehicles,
irrespective of whether the motor vehicles are owned by that person. RCW 46.70.010(17).
20 "Vehicle wrecker"means every person, firm, partnership, association, or corporation engaged
in the business of buying, selling, or dealing in vehicles of a type required to be registered under
the laws of this state, for the purpose of wrecking, dismantling, disassembling, or substantially
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(56) "Violation"means a violation of this chapter.
(57) "WAC"means the Washington Administrative Code, as it now exists or is later amended.
(58) "Work"means and act or omission resulting in development or a land disturbing activity.
(59) "Wrecked vehicle"has the same meaning as in RCW 46.80.010(6).21
8.90.060 Enforcement authority and administration.
(1) Determination of nuisance. In order to discourage public nuisances, make efficient use of
public resources, and otherwise promote compliance with applicable code provisions, a director
may, in response to field observations or reliable complaints, determine that nuisance under this
chapter exists.
(2) Authority.As a result of a determination that nuisance under this chapter exists, a director
may:
(a) Issue notices of voluntary compliance as authorized by JCC 8.90.080(1)(a).
(b) Enter into voluntary compliance agreements with persons responsible for the
nuisance and issue notices of noncompliance if the persons responsible fail to comply
with the terms of the voluntary compliance agreement as authorized by JCC
8.90.080(1)(b);
(c) Order work stopped at a site by means of a stop work order, as authorized by JCC
8.90.100;
changing the form of a vehicle, or who buys or sells integral secondhand parts of component
t
material thereof, in whole or in part, or who deals in secondhand vehicle parts. RCW
46.80.010(6).
21 "Wrecked vehicle" means a vehicle which is disassembled or dismantled or a vehicle which is
acquired with the intent to dismantle or disassemble and never again to operate as a vehicle, or a
vehicle which has sustained such damage that its cost to repair exceeds the fair market value of a
like vehicle which has not sustained such damage, or a damaged vehicle whose salvage value
plus cost to repair equals or exceeds its fair market value, if repaired, or a vehicle which has
sustained such damage or deterioration that it may not lawfully operate upon the highways of
this state for which the salvage value plus cost to repair exceeds its fair market value, if repaired;
further, it is presumed that a vehicle is a wreck if it has sustained such damage or deterioration
that it may not lawfully operate upon the highways of this state. RCW 46.80.010(6).
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(d) Issue notice of violations, assess monetary penalties and fines as authorized by JCC
8.90.190, and recover costs as authorized by JCC 8.90.200;
(e) Order abatement by means of a notice of violation and order of abatement; if not
completed in a timely manner by the person responsible undertake the abatement and
charge the reasonable costs of such work as authorized by JCC 8.90.110, JCC
8.90.190, and JCC 8.90.200;
(f) Suspend, revoke, or modify any permit previously issued by the director or deny a
permit application as authorized by the department when other efforts to achieve
compliance have failed; and,
(g) For de minimis violations, decide not to take enforcement action.
(3) All penalties and costs shall constitute a lien against the affected property. The director
shall have the ability to enforce the liens under JCC 8.90.200.
(4) Lead Agency. Should nuisances occur involving multiple county departments, a lead
agency shall be designated by the county administrator to coordinate the county's response.Unless
otherwise determined by county administrator within 7 days, the central services department22
shall serve as the lead agency.
(5) provisions The of this chapter are not exclusive and may Y be used in addition to other
enforcement provisions authorized by the RCW, WAC, or JCC.
(6) The provisions of this chapter shall not in any manner limit or restrict the county from
remedying civil code violations or abating nuisances in any other manner authorized by law.
(7) This chapter shall not be construed to limit the authority of the county board of health in
enforcement of the county health code or regulations.
(8) In addition to or alternative to using the procedures in this chapter, a director may seek
legal or equitable relief to abate any nuisance or enjoin any acts or practices which constitute a
nuisance.
22
Central Services is proposed because of its ability to manage costs among departments.
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(9) The provisions of this chapter shall in no way adversely affect the rights of the owner,
lessee,or occupant of any property to recover all costs and expenses incurred and required by this
chapter from any person causing a nuisance.
8.90.070 Service of notices of voluntary compliance, notices of noncompliance, notices
of violation,stop work orders,and notices of violation and orders of abatement issued under
this chapter.
(1) Service of a notice of voluntary compliance, notice of noncompliance, notice of violation,
stop work order, and notice of violation and order of abatement shall be made on a person
responsible by one or more of the following methods:
(a) Personal service may be made on the person identified by the department as being
responsible for the nuisance or by leaving a copy of notice at that person's house of
usual abode with a person of suitable age and discretion who resides there.
(b) Service directed to either the landowner or occupant of the property, or both, may be
made by posting in a conspicuous place on the property where the nuisance occurred
and concurrently mailing notice as provided for below, if a mailing address is
available.
(c) Service by mail may be made by mailing two copies,postage prepaid,one by ordinary
first-class mail and the other by certified mail, to the person responsible at the
person's last known address, at the address of the nuisance or at the address of the
person's place of business. The taxpayer's address as shown on the tax records of the
county shall be deemed to be the proper address for the purpose of mailing such notice
to the landowner of the property where the nuisance occurred.
(d) When the address of the person responsible cannot reasonably be determined, service
may be made by publication once in a local newspaper with general circulation.
(e) Proof of service shall be made by a written declaration under penalty of perjury
executed by the person effecting the service, declaring the time and date of service,
the manner by which the service was made and, if by posting, the facts showing the
attempts to serve the person personally or by mail.
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(f) Service of a stop work order on a person responsible may be made by posting the
stop work order in a conspicuous place on the property where the nuisance occurred
or by serving the stop work order in any other manner permitted by this section.
(g) If the person responsible is a tenant, a copy of the notice of violation and order of
abatement shall also be mailed to the landlord or owner of the property where the
alleged nuisance is occurring.
(h) If the alleged nuisance involves a vehicle nuisance notice shall be provided in
accordance with JCC 8.90.120(7).
(2) The failure of the director to make or attempt service on any person named in the notice of
voluntary compliance, notice of noncompliance, notice of violation, stop work order, or notice of
violation and order of abatement shall not invalidate any proceedings as to any other person duly
served.
8.90.080 Voluntary correction.
(1) Whenever the director determines that a nuisance, as defined in JCC 8.90.050(32), has
occurred or is occurring, the director shall make reasonable efforts to secure voluntary compliance
from the person responsible and where possible, explain the nuisance and request correction.
(a) Notice of Voluntary Compliance.
(i) The notice of voluntary compliance shall state the following:
(I) The name and address of the person responsible;
(II) The street address or other description sufficient for identification of the
building, structure, premises, or land upon or within which the alleged
nuisance has occurred or is occurring;
(III) A description of the alleged nuisance and a reference to the regulation(s)
which has been violated;
(IV) A reasonable time and date by which the corrective action is to be
completed; however, in no event shall the time given for voluntary
correction be greater than 30 calendar days, unless authorized under JCC
8.90.080(1)(a)(iii); and,
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(V) That continued or subsequent violation may result in civil violations and
penalties, stop work orders, and a notice of violation and order of
abatement, including cost recovery as a lien against property or as a
personal obligation.
(ii) Following a notice of voluntary compliance, the director and person
responsible may meet to develop a voluntary correction agreement as
authorized under JCC 8.90.080(b).
(iii) Upon written request received prior to the correction date, the director may,
for good cause shown, grant an extension of the date set for voluntary
compliance for an amount of time as deemed reasonable by the director. The
director may only consider as good cause: (a) substantial completion of
necessary correction; (b)unforeseeable circumstances not caused by the
person so as to make completion impossible by the date established; or, (c)
procedural requirements for obtaining a permit to carry out the corrective
action.
(b) Voluntary Correction Agreement.
(i) The person responsible may enter into a voluntary correction agreement with
the county, acting through the director. A voluntary correction agreement is
contract between the county and the person responsible under which the
person responsible agrees to do any combination of abating the nuisance,
remediating the site, or mitigating the impacts of the nuisance, within a
specified time and according to specified conditions.
(ii) A voluntary correction agreement may be entered into at any time after
issuance of a notice of voluntary compliance, a notice of violation, or a stop
work order. However,the voluntary correction agreement must be entered into
prior to a hearing decided pursuant to JCC 8.90.120(8), prior to an
administrative appeal decided pursuant to JCC 8.90.140(4), or prior to County
abatement action under JCC 8.90.110(1).
(iii) Content. The voluntary correction agreement shall include the following:
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(I) The name and address of the person responsible;
(II) The street address or other description sufficient for identification of the
building, structure, premises, or land upon or within which the alleged
nuisance has occurred or is occurring;
(III) A description of the alleged nuisance and a reference to the regulation
which has been violated;
(IV) The necessary corrective action to be taken, and a date or time by which
correction must be completed;
(V) An acknowledgment by the person responsible that: (i)the county may
enter the property and inspect the premises as may be necessary to
determine compliance with the voluntary correction agreement; (ii)the
person waives the right to administratively appeal the existence of the
conditions and the fact that they constituted a nuisance; and, (iii) if a
notice of noncompliance is issued and not successfully appealed, the
person is subject to and liable for any remedy authorized by this chapter,
which includes the assessment of the monetary penalties identified in the
voluntary correction agreement, abatement of the nuisance, assessment
of the costs incurred by the county to pursue compliance with this
chapter(such as, legal, administrative, hearing, removal, and incidental
costs), and the suspension, revocation or limitation of a development
permit.
(c) Right to a Hearing or Administrative Appeal Waived. By entering into a voluntary
correction agreement,the person responsible voluntarily and knowingly waives the
right to a hearing or administrative appeal before the hearing examiner under this
chapter or otherwise, regarding the matter of the nuisance or the required corrective
action. However, a notice of noncompliance with the voluntarycorrection
P
agreement may be administratively appealed to the hearing examiner under JCC
8.90.140.
(d) Effect of Voluntary Correction Agreement. Upon entering into a voluntary
correction agreement, a person responsible admits that the conditions described in
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the voluntary correction agreement existed and constituted a nuisance;and agrees
that if the director issues a notice of noncompliance, and if the notice of
noncompliance is not successfully challenged through administrative appeal, that
person is liable for the monetary penalty available under JCC 8.90.190. The person
identified in the voluntary correction agreement is liable for the costs incurred by
the county to pursue compliance with this chapter and to abate the nuisance,
including legal and incidental expenses as provided for in JCC 8.90.200 and is
subject to all other remedies provided for in this chapter.
(e) Extension and Modification. The director may grant an extension of the time limit
for correction or a modification of the required corrective action if the person
responsible has shown due diligence or substantial progress in correcting the
nuisance, but unforeseen circumstances have made full and timely correction under
the original conditions unattainable.
(2) Failure to meet terms of voluntary correction agreement.
(a) Notice of Noncompliance. If the department determines that terms of the voluntary
correction agreement are not completely met, the director may issue a notice of
noncompliance. A notice of noncompliance shall include a description of all
incomplete or untimely corrective or abatement action required under the voluntary
correction agreement. The notice of noncompliance shall also include the monetary
penalty to be imposed based upon the failure to comply with the voluntary
correction agreement.
(b) Appeal. Any person responsible may appeal the facts and conclusions described in
the notice of noncompliance as provided by JCC 8.90.140.
(c) Abatement, Costs, and Penalties for Noncompliance. If the director issues a notice
of noncompliance and the notice of noncompliance is not successfully challenged
through appeal as provided by JCC 8.90.140 then:
(i) The department may abate the nuisance in accordance with this chapter
without the person responsible being issued a notice of violation, stop work
order, or notice of violation and order of abatement;
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(ii) The person responsible shall be assessed a monetary penalty commencing on
the date set for correction in the notice of noncompliance and thereafter, in
accordance with JCC 8.90.190 or the penalty provisions of the voluntary
correction agreement, plus all costs incurred by the county to pursue
compliance with this chapter and to abate the nuisance in accordance with
JCC 8.90.200.
(iii) The person responsible may be subject to other remedies authorized by this
chapter.
8.90.090 Notice of violation.
(1) Issuance.
(a) When the director determines that a nuisance, as defined in JCC 8.90.050(32), has
occurred or is occurring and is unable to secure voluntary correction pursuant to JCC
8.90.080, the director may issue a notice of violation to the person responsible.
(b) Under the following circumstances the director may issue a notice of violation
without having attempted to secure voluntary correction as provided in JCC 8.90.080:
(i) When an emergency exists;
(ii) When a repeat violation occurs;
(iii) When the nuisance creates a situation or condition which cannot be corrected;
(iv) When the person responsible knew or reasonably should have known that the
action was a civil code violation; or,
(v) When the person responsible cannot be contacted, when reasonable attempts to
contact the person have failed, or the person refuses to communicate or
cooperate with the county in correcting the nuisance.
(2) Content. The notice of violation shall include the following:
(a) The name and address of the person responsible;
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(b) The street address or description sufficient for identification of the building,structure,
premises, or land upon or within which the nuisance has occurred or is occurring;
(c) A description of the nuisance and a reference to the provision(s) of the county
regulation(s)which has been allegedly violated;
(d) A statement that a monetary penalty in an amount per day for each nuisance as
specified in JCC 8.90.190 may be assessed against the person to whom the notice of
violation is directed and a statement that all costs associated with the nuisance may
be recovered as specified in JCC 8.90.200; and,
(e) A statement that administrative appeal rights may be available under JCC 8.90.140.
8.90.100 Stop work order.
(1) Stop Work Order. Whenever the director determines that work creates a nuisance, as
defined in JCC 8.90.050(32),the director may issue a stop work order when:
(a) Work is not authorized by a valid permit;
(b) A valid permit has been issued, but the work is not in compliance with the permit or
approved plans; or,
(c) The work creates an imminent threat to the public health, safety or welfare, or the
environment.
8.90.110 Notice of violation and order of abatement.
(1) Issuance and Abatement.
(a) When the director determines that a nuisance, as defined in JCC 8.90.050(32), has
occurred or is occurring and is unable to secure compliance after an attempt for
voluntary compliance and/or a notice of violation under JCC 8.90.090, the director
may issue a notice of violation and order of abatement to the person responsible. The
notice and order permits Jefferson County to abate the nuisance,usually by removing
or rectifying of the nuisance.
(b) Under the following circumstances the director may issue a notice of violation and
order of abatement without having attempted to secure voluntary correction or
compliance after a notice of violation,as provided in JCC 8.90.080 and JCC 8.90.090:
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(i) When an emergency exists;
(ii) When a repeat violation occurs;
(iii) When the nuisance creates a situation or condition which cannot be corrected;
(iv) When the person responsible knew or reasonably should have known that the
action was a civil code violation; or,
(v) When the person responsible cannot be contacted when reasonable attempts to
contact the person have failed or the person refuses to communicate or
cooperate with the county in correcting the nuisance.
(c) Content. The notice of abatement shall include the following:
(i) The name and address of the person responsible;
(ii) The street address or description sufficient for identification of the building,
structure, premises, or land upon or within which the nuisance has occurred or
is occurring;
(iii) A description of the nuisance and a reference to the provision(s) of the county
regulation(s) which has been allegedly violated;
(iv) The required corrective action and a date and time by which the correction must
be completed and,after which,the county may abate the nuisance in accordance
with JCC 8.90.110;
(v) A statement that the costs and expenses of abatement incurred by the county
pursuant to JCC 8.90.200, and a monetary penalty in an amount per day for
each nuisance as specified in JCC 8.90.190,may be assessed against the person
to whom the notice of abatement is directed; and,
(b) A statement that administrative appeal rights may be available under JCC 8.90.140.
(d) Extensions. Extensions of the time specified in the notice and order of abatement may
be granted at the discretion of the director upon a showing of good cause.The director
may only consider as good cause: (a) substantial completion of necessary correction;
(b) unforeseeable circumstances not caused by the person so as to make completion
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impossible by the date established; or, (c) procedural requirements for obtaining a
permit to carry out the corrective action.
(2) Summary Abatement.
(a) Whenever any nuisance constitutes an emergency, the director may summarily and
without prior notice abate the condition. Notice of such abatement, including the
reason for it, shall be given to the person responsible as soon as reasonably possible
after the abatement, consistent with JCC 8.90.070.
(i) The responsible person shall bear the costs and expenses of abatement incurred
by the county pursuant to JCC 8.90.200 after service upon the person
responsible of the notice of violation and order of abatement. A monetary
penalty in an amount per day for each nuisance as specified in JCC 8.90.190
may be assessed against the person to whom the notice of violation and order
abatement is directed.
(b) No right of action shall lie against the county or its agents, officers, or employees for
actions reasonably taken to prevent or cure any such immediate adverse impacts to
the public health and safety, but neither shall the county be entitled to recover any
costs incurred for summary abatement until service upon the person responsible of
the notice of violation and order of abatement.
8.90.120 Vehicle nuisance.
(1) Placement of anyinoperable, or wrecked vehicles, or secondhand vehicle parts on
p junk
private property, Jefferson County right-of-way, or other property controlled by Jefferson
County is a nuisance, as defined under JCC 8.90.050(32), except where storing an inoperable,
junk or wrecked vehicle, or secondhand vehicle part is a permitted use under Chapter 18 JCC
and exempt under JCC 8.90.120(2).
(2) Exception for inoperable,junk or wrecked vehicles, or secondhand vehicle parts enclosed
within a permitted building or a compliant fence. Inoperable,junk or wrecked vehicles, or
secondhand vehicle parts shall be exempt from JCC 8.90.120(1)when the property owner cleans
up and properly disposes of any visible contamination resulting from the storage of inoperable,
junk or wrecked vehicles, or secondhand vehicle parts and the inoperable,junk or wrecked
vehicles, or secondhand vehicle parts are:
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(a) Completely enclosed within a permitted building or a compliant fence and not
visible from the street or from other public or private property where:
(i) Any fence or wall is painted or stained a neutral shade that blends in with the
surrounding premises and is kept in good repair; or,
(ii) Any living hedge is of sufficient density to prevent view of the confined area
and any dead or dying portion is replaced; or,
(b) Parked or stored by an automobile repair business.23 a licensed hulk hauler,24 a
licensed scrap processor,25 a licensed vehicle dealer,26 or a licensed vehicle
wrecker;27 and is enclosed28 by a fence, living hedge or wall of such height as to
obscure the nature of the business carried on,where:
(i) Any fence or wall is painted or stained a neutral shade that blends in with the
surrounding premises and is kept in good repair; or,
(ii) Any living hedge is of sufficient density to prevent view of the confined area
and any dead or dying portion is replaced.
(3) Certification. The director may inspect and certify that a vehicle is an inoperative vehicle,
junk vehicle, or wrecked vehicle. The certification shall be made in writing. The person making
the certification shall record the make and vehicle identification number or license number of the
vehicle if available or legible and shall also document in detail the damage or missing equipment
to verify whether the approximate value of the vehicle is equivalent to the approximate value of
the scrap in it (only if that is one of the definitional criteria that was alleged in the notice of
abatement issued by the county). If abated,the vehicle shall be photographed by the person making
the certification, removed from the property by the county, and disposed of by a licensed hulk
hauler, scrap processor, or vehicle wrecker with notice to the Washington State Patrol and the
Washington State Department of Licensing that the vehicle has been wrecked. The county shall
23 See Chapter 46.71 RCW.
24 See Chapter 46.79 RCW.
25 See Chapter 46.79 RCW.
26 See Chapter 46.70 RCW.
27 See Chapter 46.80 RCW.
28 These requirements come from RCW 46.80.130.
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maintain a photographic record of all abated inoperable,junk, or wrecked vehicles for a period of
two years following abatement.
(4) A vehicle certified as an inoperable,junk, or wrecked vehicle shall only be disposed of as
scrap.
(5) When the director determines that a vehicle nuisance has occurred or is occurring and is
unable to secure compliance after an attempt for voluntary compliance and a notice of violation
under JCC 8.90.080 and JCC 8.90.090, the director may issue a notice of violation and order of
abatement to the person responsible. The notice and order directs Jefferson County to abate the
nuisance, usually by removing or rectifying of the vehicle nuisance.
(a) Under the following circumstances the director may issue a notice of abatement
without having attempted to secure voluntary correction or compliance after a notice
of violation, as provided in JCC 8.90.080 and JCC 8.90.090:
(i) When an emergency exists;
(ii) When a repeat violation occurs;
(iii) When the nuisance creates a situation or condition which cannot be corrected;
(iv) When the person responsible knew or reasonably should have known that the
action was a civil code violation; or,
(v) When the person responsible cannot be contacted when reasonable attempts to
contact the person have failed or the person refuses to communicate or
cooperate with the county in correcting the nuisance.
(6) Notice of violations and order of abatements authorized under JCC 8.90.110 for vehicle
nuisances under this section must comply with subsections(7)and(8) for notice,determination of
responsibility, and requests for hearing.
(7) Notice Required and Request for Hearing.
(a) Whenever a vehicle is certified to be an inoperative,junk, or wrecked vehicle the last
registered vehicle owner of record and the land owner of record where the vehicle is
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located shall each be given notice by certified mail that a public hearing may be
requested before the hearing examiner.
(b) If no hearing is requested within 15 days from the certified date of receipt of the
notice, the vehicle shall be removed by the county.
(c) If a request for hearing is received within 15 days, a notice giving the time, location
and date of the hearing on the question of abatement and removal of the inoperable,
junk,or wrecked vehicle shall be mailed by certified mail,with five-day return receipt
requested,to the land owner as shown on the last equalized assessment roll and to the
last registered and legal owner of record of each such vehicle unless the vehicle
identification numbers are not available to determine ownership.
(8) Determination of responsibility.
(a) The owner of the property on which the inoperable, junk or wrecked vehicle, or
secondhand vehicle part is located may appear in person at the hearing or present a
written sworn statement in time for consideration at the hearing.The owner may deny
responsibility for the presence of the inoperable, junk or wrecked vehicles, or
secondhand vehicle parts on the land stating the reason for such denial. If owner of
the property submits written testimony or documents for the hearing examiner's
decision, it must be received in time for the scheduled hearing and must clearly and
unequivocally indicate that they are for the hearing. If the owner of the property does
not appear at the hearing and does not properly submit a written sworn statement,the
hearing examiner may enter a default. If it is determined by the hearing examiner
that the inoperable,junk or wrecked vehicles, or secondhand vehicle parts was placed
on the land without consent of the land owner and that the land owner has not
subsequently acquiesced in its presence, then costs of administration or removal of
the inoperable,junk, or wrecked vehicles or secondhand vehicle parts shall not be
assessed against the property upon which the inoperable,junk or wrecked vehicles or
secondhand vehicle parts is located nor otherwise be collected from the land owner.
However, if the junk vehicles were placed on the land with the consent of the land
owner or the land owner acquiesced in their presence penalties and costs shall be
assigned to the land owner in accordance with JCC 8.90.190 and JCC 8.90.200.
(b) Nothing in this chapter shall relieve the landowner of any monetary penalties which
may accrue from any civil code violation related to the improper placement, parking
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or storage of inoperable, junk or wrecked vehicles, or secondhand vehicle parts to
which the landowner has consented or acquiesced.
(c) In addition to determination of responsibility as provided for in JCC 8.90.120(8)(a),
the hearing examiner shall receive and examine evidence on other relevant matters,
including whether a nuisance as defined in this chapter exists. The decision of the
hearing examiner shall be a final agency action.
(d) The hearing examiner shall use the process and factors in JCC 8.90.140(4)(c-f)when
assessing penalties and costs pursuant to JCC 8.90.190 and JCC 8.90.200.
(9) Abatement and removal authorized. The county may remove any inoperable, junk or
wrecked vehicle, or secondhand vehicle part after complying with JCC 8.90.120(7) and JCC
8.90.120(8). The proceeds of any such a disposition shall be used to defray the costs of abatement
and removal of any such inoperable, junk or wrecked vehicles, or secondhand vehicle parts,
including costs of administration and enforcement.
8.90.130 Public right-of-way nuisance.
(1) Personal property or solid waste belonging to an evicted tenant which has been placed onto
public right-of-way pursuant to a court-ordered eviction per Title 59 RC W,and not removed within
twenty-four hours is a nuisance, as defined under JCC 8.90.050(32).
(2) Notice of such removal after twenty-four hours shall be given to the evicted tenant or owner
of the personal property or solid waste or their designee. Notice shall be placed in a conspicuous
place on or near the personal property.
(3) If, after 24 hours after the notice was placed, the evicted tenant or owner or their designee
has not removed the personal property or solid waste from the public right-of-way, the property
shall be deemed a nuisance, and the property owner or their designee shall remove the personal
property or solid waste for proper disposal or the county shall seek to abate the nuisance and bill
costs to the property owner or their designee. If abated, this shall be a final decision, as defined
under JCC 8.90.050(22) without administrative appeal rights under JCC 8.90.140.
8.90.140 Administrative appeals.
(1) A person responsible or aggrieved person may appeal a notice of noncompliance with a
voluntary compliance agreement, notice of violation, stop work order,or a notice of violation and
order of abatement to the hearing examiner within 15 days of mailing the decision. However, a
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notice of violation and order of abatement for vehicle nuisances under JCC 8.90.120 shall not be
appealed under this section.
(2) Procedure. The hearing examiner shall conduct a hearing pursuant to hearing examiner
procedures approved by the board of county commissioners.
(3) Prior Correction. The hearing will be canceled and no monetary penalty will be assessed if
the director approves the completed required corrective action prior to the scheduled hearing.
(4) Final Agency Decision.
(a) At the conclusion of the hearing, the hearing examiner shall either: (i) affirm the
director's notice or stop work order if the director proves by a preponderance of the
evidence that the nuisance exists substantially as stated in the notice or stop work
order; (ii) dismiss the notice or stop work order and grant the appeal if the hearing
examiner determines that the nuisance does not exist substantially as stated in the
notice or stop work order; or(iii)modify the notice or stop work order depending on
the specifics of the nuisance.
(b) A copy of the hearing examiner's ruling shall be mailed to the person responsible,
the county,and if the person responsible is a tenant to the owner of the property where
the nuisance is occurring.
(c) Monetary Penalties. The hearing examiner may assess monetary penalties in
accordance with JCC 8.90.190.
(i) The hearing examiner has the following options in assessing monetary
penalties:
(I) Assess monetary penalties beginning on the date the notice was issued;
(II) Assess monetary penalties beginning on the correction date set by the
director or an alternate correction date set by the hearing examiner;
(III) Assess less than the established monetary penalty set forth in JCC
8.90.190, based on the criteria of JCC 8.90.140(4)(d); or,
(IV) Assess no monetary penalties.
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(d) In determining the monetary penalty assessment,the hearing examiner shall consider
the following factors:
(i) Whether the person responsible responded to notices and cooperated to correct
the nuisance;
(ii) Whether the person responsible failed to appear at the hearing;
(iii) Whether the nuisance was a repeat violation;
(iv) Whether the person responsible showed due diligence or substantial progress in
correcting the nuisance; and,
(v) Any other relevant factors.
(e) The hearing examiner may double the monetary penalty schedule if the nuisance was
a repeat violation. In determining the amount of the monetary penalty for repeat
violations, the hearing examiner shall consider the factors set forth in JCC
8.90.140(4)(d).
(f) The hearing examiner will award cost recovery for all related nuisance and/or
abatement expenses, including attorney fees, the costs of the hearing, and all other
costs pursuant to JCC 8.90.200, unless the hearing examiner dismisses the director's
notice or stop work order.
(g) If a notice of noncompliance with a voluntary compliance agreement, notice of
violation,stop work order,or a notice of violation and order of abatement if not timely
appealed within 15 days of mailing the decision then this shall be a final decision.
(5) Failure to Appear. If the person responsible fails to appear at the scheduled hearing or
present a written statement in time for consideration at the hearing,the hearing examiner will enter
an order of default with findings and assess the appropriate monetary penalty pursuant to JCC
8.90.190. The county may enforce the hearing examiner's order and recover all related expenses,
including attorney fees, plus the costs of the hearing and any monetary penalty from the person
responsible pursuant to JCC 8.90.200.A copy of the order of default shall be mailed to the person
responsible and against whom the default order was entered, the county, and if the person
responsible is a tenant, to the landlord or owner of the property where the nuisance is occurring.
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(6) Time Period for Correction. If a notice is affirmed by the hearing examiner the person
responsible shall have 30 days to abate the nuisance and bring the nuisance into compliance with
the terms of this chapter or the county may perform the abatement required and shall bill the costs
in the manner provided in JCC 8.90.110, JCC 8.90.190, and JCC 8.90.200 of this chapter.
Correcting the nuisance(s) within this time period does not excuse payment of any penalties or
costs under this section.
(7) Judicial Review. A final decision by the hearing examiner shall be final and conclusive,
unless proceedings for review of the decision are properly commenced in superior court within the
time period specified by state law.A final decision by the hearing examiner affirming or reinstating
a notice or stop work order renders the notice or stop work order a final agency order.
8.90.150 Crimes designated.
(1) Any person, company, firm, corporation, or other legal entity who creates, maintains, or
permits a nuisance, as defined under JCC 8.90.050(32), on two or more days within any 12-
month period shall be guilty of a misdemeanor, punishable by up to 90 days in jail and a fine of
up to one thousand dollars.
(2) Any person who knowingly hinders, delays, or obstructs any county employee acting on
direction of the director in the discharge of the county employee's official powers or duties in
abating a nuisance under this chapter, shall be guilty of a gross misdemeanor punishable by up to
365 days in jail and a fine of five thousand dollars.
8.90.160 Right of entry.
(1) It is the intention of this chapter that any entry made to private property for the purpose
of inspection for nuisances be accomplished in strict conformity with constitutional and statutory
constraints on entry and the holdings of relevant court cases regarding entry. The right of entry
granted by this chapter shall not supersede those legal constraints.
(2) The director is authorized to enter upon any property for the purpose of administering this
chapter only if entry is consistent with the constitutions and laws of the United States and the
state of Washington.
(3) If required by the constitutions and laws of the United States or the state of Washington,
the director shall apply to a court of competent jurisdiction for a search warrant authorizing
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access to property for the purpose of administering this chapter. The court may upon such
application issue the search warrant for the purpose requested.
8.90.170 Conflicts.
In the event of a conflict between this chapter and any other provision of the JCC or other county
ordinance providing for a monetary penalty, only the monetary penalty and recovery of costs in
this chapter shall apply.
8.90.180 Representation by attorney.
(1) A person subject to proceedings under this chapter may appear on their own behalf or be
represented by counsel.
(2) The prosecuting attorney represents the county and may, but need not, appear in any
proceedings under this chapter.
8.90.190 Monetary penalties.
(1) Any person, company, firm, corporation, or other legal entity who creates, maintains, or
permits a nuisance, as defined under JCC 8.90.030(32) shall constitute a civil violation. Each
violation shall constitute a separate civil violation for each and every day or portion thereto during
which such violation is committed, continued, or permit. The daily monetary penalties that may
be assessed under this chapter are as follows:
First Second Subsequent
Nuisance Violation Violation Violation
Abandoned Vessel / Derelict Vessel $250 $500 $1,000
Building Nuisance $100 $250 $500
Burning Nuisance $100 $250 $500
Civil Code Violation $250 $500 $1,000
Public Right-of-Way Nuisance $100 $250 $500
Salvage Nuisance $250 $500 $1,000
Vehicle Nuisance $250 $500 $1,000
Violation of Stop Work Order $500 $1,000 $1,000
All Other Violations $250 $500 $1,000
8.90.200 Recovery of costs
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(1) All penalties, fees, and costs incurred under a notice of noncompliance with a voluntary
compliance agreement,notice of violation,notice of violation and order of abatement,or any other
decision shall be billed to the person responsible or the owner, lessor, tenant, or any other person
entitled to control the property where the nuisance has occurred and shall become due and payable
to the county within 15 days of the date of mailing the billing.
(2) The costs that may be recovered includes, but is not limited to, personnel costs,both direct
and indirect and including attorney's fees; costs incurred in documenting the nuisance; disposal,
towing,hauling,or removal expenses;actual expenses and costs of the county in preparing notices,
specifications and contracts associated with the nuisance,and in accomplishing or contracting and
inspecting the work; hearing examiner costs; and the costs of any required printing and mailing.
(3) Lien — Authorized. All penalties and costs shall constitute a lien against the affected
property, as set forth in JCC 8.90.060(3). The county shall have a lien for any monetary penalty
imposed,the cost of any proceedings under this chapter, and all other related costs against the real
property on which the monetary penalty was imposed or any of the work of abatement was
performed. The lien shall run with the land but shall be subordinate to all previously existing
special assessment liens imposed on the same property and shall be superior to all other liens,
except for state and county taxes, with which it shall be on a parity.
(a) The director shall cause a claim for lien to be filed for record within 90 days from the
later of the date that the monetary penalty is due, the work is completed, or the
nuisance abated.
(b) The claim of lien shall contain sufficient information regarding the notice, as
determined by the director, a description of the property to be charged with the lien
and the owner of record, and the total amount of the lien.
(c) Any such claim of lien shall be verified by the director and may be amended to reflect
changed conditions.
(4) The prosecuting attorney is authorized to take appropriate action to collect the monetary
penalty.
(5) A director may use the services of a collection agency in order to collect any amounts
owing under this chapter.
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8.90.210 Settlement of monetary penalties and costs.
(1) The director is authorized to settle claims for monetary penalties incurred under JCC
8.90.190 and costs incurred under JCC 8.90.200 when such settlement is in the best interest of the
county. In addition to the best interest of the county, the director shall consider the following
factors:
(a) Whether the person responsible responded to notices and cooperated to correct the
nuisance;
(b) Whether the person responsible failed to appear at the hearing;
(c) Whether the nuisance was a repeat violation;
(d) Whether the person responsible showed due diligence or substantial progress in
correcting the nuisance; and,
(e) Any other relevant factors.
(2) The director shall make a report to the board of county commissioners regarding all
settlements under this section.
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