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HomeMy WebLinkAbout08 0919 02 Health Boardcc: V 'b cue. cv, STATE OF WASINGTON County of Jefferson Authorizing Environmental } ORDINANCE NO. 08-0919-02 Health Civil Enforcement } WHEREAS, the Jefferson County Board of Health wishes to establish civil penalties for violations of public health laws, regulations and/or ordinances adopted by the Washington State Legislature, Washington State Board of Health, Washington Department of Health or the Jefferson County Board of Health; and, WHEREAS, all conditions which are determined by the Health Officer to be in violation of any public health law, regulation and/or ordinance shall be subject to the provisions of this ordinance because they are detrimental to the public's health, safety and welfare; WHEREAS, all violations of public health laws, regulations and/or ordinances are detrimental to the public health, safety and welfare and are hereby declared to be public nuisances pursuant to Ch. 7.48 RCW; WHEREAS, a civil infraction process, established pursuant to Ch. 7.80 RCW, can protect the public from the harmful effects of violations, will aid in enforcement, and will help reimburse the County for expenses of enforcement; WHEREAS, enactment of this Ordinance promotes the health, welfare and safety of the citizens of Jefferson County; and WHEREAS, the Jefferson County Board of Health enact this Ordinance pursuant to the authority granted them by various state statutes, including, but not limited to, those codified at Ch. 7.48 RCW, Ch. 7.80 RCW and Ch. 70.95 RCW. NOW, THEREFORE, BE IT ORDAINED by the Jefferson County Board of Health as follows: Section I Purpose: It is the express purpose of this ordinance to provide for and promote the health of the general public and not to create or otherwise establish or designate a particular class or group of people who will or should be especially protected by the terms of this ordinance. It is the specific purpose of this ordinance to place the obligation of complying with its requirements upon persons, businesses or companies required to meet provisions of the health regulations. Enactment of this Ordinance and its terms and provisions does not impose any duty upon the Jefferson County Health and Human Services Department or any of its officers or employees unless a duty is imposed on such officers or employees by the express terms of this Ordinance. Implementation or enforcement of this ordinance by County officers or employees shall be discretionary and not mandatory. Page 1 of 3 Environmental Health Civil Enforcement Ordinance No. 08-0919-02 Section II Authority This ordinance is promulgated under the police power granted to the Jefferson County Board of Health, including, but not limited to, authority granted to them by Ch. 7.48 RCW, Ch. 7.80 RCW and Ch. 70.05 RCW to protect the public health, safety, and welfare of the people in Jefferson County, including those County residents residing within the City of Port Townsend. Section III Applicability Provisions of this ordinance apply to violations of the following statutes, regulations and/or ordinances as they now exist or as they may hereafter be amended: Chapter 70-90 RCW Chapter 70-95 RCW Chapter 246-203 WAC Chapter 246-215 WAC Chapter 246-260 WAC Chapter 246-261 WAC Chapter 246-272 WAC Chapter 246-290 WAC Chapter 266-291 WAC Chapter 173-304 WAC Chapter 173-308 WAC Chapter 8.05 JCC Chapter 8.10 JCC Ordinance # 08-0921-00 Water Recreation Facilities Solid Waste Management General Sanitation Food Service Water Recreation Facilities Recreational Water Contact Facilities Onsite sewage systems Public Water Supplies Group B Public Water Systems Minimum Functional Standards for Solid Waste Biosolids Management Food Service Sanitation Solid Waste Onsite Sewage Section IV. Designation of Civil Infractions Any violation of the laws, regulations and ordinances specified above in section III (including any future amendments to those statutes, regulations and ordinances) shall constitute a civil infraction. Each (twenty-four) 24-hour period when a violation is found to exist shall constitute a separate and distinct violation. The owner or Lessor of any real property shall be and is jointly and severally liable with any tenant, occupier or user of real property for any violation alleged against that property or alleged to have occurred on the owner's property. The legality or illegality of the use or occupancy of the land by a person or entity shall not be a defense available to the owner of said property if it is alleged a violation of this Ordinance occurred on that property. A first violation shall be a Class 3 civil infraction as established in Chapter 7.80 RCW. A second violation shall be a class 2 civil infraction as established in Chapter 7.80 RCW. A third violation shall be a class 1 civil infraction as established in Chapter 7.80 RCW. Page 2 of 3 Environmental Health Civil Enforcement Ordinance No. 08-0919-02 Section V. Processing and Adjudicating Civil Infractions: Such violations shall be adjudicated and any related fines determined in accordance with the procedures established in Chapter 7.80 RCW, the Jefferson County District Court rules for Infractions and the Washington State Rules for Courts of Limited Jurisdiction, which shall have precedence over the terms and obligations of this Ordinance if this Ordinance conflicts with state statutes or court rules. Upon a determination that the County has met its burden of proof regarding any contested violation alleged against a person or entity pursuant to this Ordinance, the County may seek to obtain attorney's fees against the violating party or entity pursuant to RCW 7.80.140. Utilization of the procedures and penalties laid out in this Ordinance and the underlying state statutes shall not prohibit this County from utilizing any other lawful means or seeking any other lawful remedies against the person or entity that has allegedly violated the terms of this Ordinance. Nothing in this Ordinance shall prevent the Judge hearing these civil infraction matters from reducing or mitigating the monetary fines that would otherwise be imposed. Section VI. Enforcement Officers The Board of Health, or its designated Health Officer, may authorize one or more persons to serve as an "enforcement officer," duly authorized to enforce this Ordinance. Section VII. Severability Should any section, paragraph, phrase, sentence or clause of this ordinance be declared invalid or unconstitutional for any reason, the remainder of this ordinance shall not be affected. Section VIII. Effective Date The effective date of this ordinance shall be the date of its adoption. APPROVED AND ADOPTED this JEFFERSON COUNTY BOARD OF HEALTH Sheila Westerman, Chairman eeoici, Vice -Charman Page 3 of 3 day of 64e 002. ill Buhler Wojt, Member Roberta Frissell, Member