HomeMy WebLinkAbout101920_ra03 JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
AGENDA REQUEST
TO: Board of County Commissioners
FROM: Pinky Mingo,Environmental Public Health Director,Debra Murdock, Code
Compliance Coordinator and Philip C. Hunsucker, Chief Civil Deputy
Prosecuting Attorney
DATE: October 19,2020
RE: Compliance Code Briefing and Hearing Notice
STATEMENT OF ISSUE: The issue presented is whether the BoCC should be briefed on and
adopt a hearing notice for a joint BoCC/BoH hearing on November 19, 2020.
To develop a proposed compliance code for the County, Staff conducted multiple briefings for
the BoCC and the BoH. Staff did a presentation for the Boll on the details of the proposed
Compliance Code on October 15, 2020.
During the October 15, 2020 briefing of the BoH, the Boll directed staff to publish a hearing
notice for a hearing for the draft code for its regular meeting on November 19, 2020.
ANALYSIS:
Unlike all the surrounding jurisdictions,the County does not have a compliance code.
Staff(primarily DCD, Environmental Public Health and the Prosecuting Attorney's Office) has
been working on a compliance code for the County. After staff discussion and several briefings
to the Board of County Commissioners (BoCC) and the County Board of Health(BoH)to
develop a proposed Compliance Code (attached).
The BoCC will be familiar with most of the concepts in the proposed Compliance Code since it
is based on the County's current Public Nuisance Code, Chapter 8.90 JCC and through their
membership on the BoH. The proposed Compliance Code includes the public nuisance
protections in Chapter 8.90 JCC. If the proposed Compliance Code is adopted, Chapter 8.90
would be repealed.
Chapter 8.90 JCC has a strong preference for voluntary compliance, with a strong legislative
statement of preference and procedures to implement the voluntary compliance effort. Chapter
8.90 adopted a hearing examiner system for public nuisances. Chapter 8.90 was not designed for
code enforcement, unless the code violation also is a public nuisance. The impetus for Chapter
8.90 was the existence of sites with multiple code violations of code provisions enforced by
different County departments. In other words, Chapter 8.90 was not designed for most code
violations.
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The goal of the proposed Compliance Code is to make the enforcement system as uniform as
possible. The current system of code compliance is a mixture of criminal enforcement,
enforcement through a hearing examiner system, and enforcement through civil infractions
decided by the Jefferson County District Court. Notably, in the current Building Code, Title 15,
only criminal enforcement is authorized.
Appeals in the current system can go to the BoH,the hearing examiner, or the Jefferson County
Superior Court. The proposed Compliance Code adopts a hearing examiner system where final
appeals are to the hearing examiner,unless state law suggest that is not possible. The proposed
Compliance Code also adopts an intermediate appeal for persons challenging a department's
code enforcement decision—at no cost—for code violations that are not being pursued as a
public nuisance.
Presentations on the progress of the effort were made to the BoCC and the Board of Health in
December 2019 and September 2020.
Attached are: (1)Past staff PowerPoints for the prior briefings; (2)The most current version of
the adopting ordinance (10/08/2020 4:30 PM); and, (3) The latest version of the proposed
Compliance Code (new Title 19) and proposed updates to other county code provisions
(10/06/2020)are attached in a draft document titled Proposed Compliance Code and Proposed
Updates to Other County Codes to Create a uniform compliance system.
Staff would like to brief the BoCC on the details of the proposed Compliance Code and suggests
that the BoCC direct publication of the attached hearing notice for a joint BoH and BoCC
hearing on the draft Compliance Code for November 19, 2020.
The proposed Compliance Code Ordinance is ready for public comment, so a hearing notice that
establishes a comment period should be issued for a joint hearing with the BoH on November 19,
2020.
FISCAL IMPACT: Aside from Staff resources to do the briefing,there is no fiscal impact.
RECOMMENDATION: (1) Allow Staff to brief the BoCC on the details of the proposed
Compliance Code; and, (2)Approve a hearing notice setting a public comment period and setting
a joint BoH/BoCC hearing on November 19, 2020 for possible adoption of the proposed
Compliance Code.
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ATTACHMENTS
(1) Past staff PowerPoints for the prior briefings;
(2) The most current version of the adopting ordinance (10/08/2020 4:30 PM); and,
(3) The latest version of the proposed Compliance Code (new Title 19)and proposed updates to
other county code provisions (10/06/2020) are attached in a draft document titled Proposed
Compliance Code and Proposed Updates to Other County Codes to Create a Uniform
Compliance.
ATTACHMENTS
Please publish: October 22, 2020 and October 29, 2020
Bill: Jefferson County Board of County Commissioners
P.O. Box 1220
Port Townsend WA 98368
NOTICE OF PUBLIC HEARING AND PUBLIC COMMENTS
ON A PROPOSED DRAFT COMPLIANCE CODE ORDINANCE
Notice is hereby given that a joint public hearing will be held by the Jefferson County Board of
County Commissioners and the Jefferson County Board of Health on Thursday, November 19,
2020 at 2:30 p.m. Per the May 29, 2020 Jefferson County Public Health Officer Order, the
BOCC meetings will be held virtually. To view the meetings live go to www.co.jefferson.wa.us
Follow the links under "Quick Links: Videos of Meetings-Streaming Live" or those without
interne can listen by dialing Phone #: 1-646-749-3122 - enter Access Code: 661-198-069#.
Access for the hearing impaired and others can be accommodated using Washington Relay Service
at 1-800-833-6384. The purpose of the hearing is to take oral and written testimony regarding an
ordinance which, if enacted, will establish a uniform system of code compliance regulations,
centrally declare public nuisances, establish a compliance system including monetary penalties
and county abatement, and provide cost recovery for county related compliance expenditures.
The proposed ordinance adopts new Title 19 JCC (Compliance Code), moves Public Nuisances
to Title 19 JCC and deletes Chapter 8.90 JCC (Public Nuisances), and revises portions of Title 8
(Health & Safety), Title 15 (Building Codes), Title 17 (Master Planned Resorts), Title 18 JCC
(Uniform Development Code).
In addition to the November 19, 2020 joint public hearing, written testimony is also invited
beginning on October 22, 2020 and ending on November 19, 2020 at the end of the Public
Hearing, unless extended by the Board of County Commissioners and the Board of Health.
Written public testimony may be submitted by Email to: jeffhocc@co.jefferson.wa.us or
boh@co.jefferson.wa.us; or by Mail to: Jefferson County Commissioners' Office; PO Box 1220,
Port Townsend, WA 98368 or Board of Health at 615 Sheridan Street, Port Townsend, WA
98368. To provide oral testimony at the public hearing, dial 1-646-749-3122 and enter access
code: 661-198-069#by 2:30 p.m. so your call can be taken.
The public may view the text the proposed draft Compliance Code Ordinance on-line at
http://test.co.jefferson.wa.us/WebLinkExternal/0/doc/2576646/Pagel.aspx or in-person at the
Jefferson County Board of County Commissioner's Office located at 1820 Jefferson Street, Port
Townsend, WA 98368.
Signed this 19th day of October, 2020
Greg Brotherton, Chair Sheila Westerman, Chair
Jefferson County Board of Commissioners Jefferson County Board of Health
Adopting Ordinance Draft: 10/08/2020 4:30 PM
COUNTY OF JEFFERSON
STATE OF WASHINGTON
An Ordinance on Code Compliance in }
Unincorporated Areas of Jefferson County } ORDINANCE NO.
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, RCW 70.05.060 grants to the Board of Health specific powers and duties
including: (1) Enforce 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; (2) Supervise the maintenance of all health and
sanitary measures for the protection of the public health within its jurisdiction; (3) Enact such
local rules and regulations as are necessary in order to preserve, promote and improve the public
health and provide for the enforcement thereof; (4) Provide for the control and prevention of any
dangerous, contagious or infectious disease within the jurisdiction of the local health department;
(5) Provide for the prevention, control and abatement of nuisances detrimental to the public
health; (6) Make such reports to the state board of health through the local health officer or the
administrative officer as the state board of health may require; and, (7) Establish fee schedules
for issuing or renewing licenses or permits or for such other services as are authorized by the law
and the rules of the state board of health;
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society;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;and,
WHEREAS, RCW 36.32.120(10)provides that county legislative bodies 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,
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Adopting Ordinance Draft: 10/08/2020 4:30 PM
WHEREAS, Jefferson County 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 BOH and the BoCC each have 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, and,
NOW,THEREFORE,be it ordained by the BOH and the BoCC as follows:
Section 1. Adding Title 19 JCC. The BoCC and the BOH have concurrent legislative
authority regarding the adoption of Title 19 JCC and for the changes in the other Titles for which
they have legislative authority as stated below. The BoCC and the BOH jointly adopt Title 19,
as set forth in Appendix A.
Section 2. Conforming Other Provisions of the JCC to Title 19 JCC. The provisions of
Title 8 JCC, Title 15 JCC, Title 17 JCC, Title 18 JCC shall be modified to conform to Title 19
JCC as set forth in Appendix B.
a. The BoCC and the BOH have concurrent legislative authority regarding the proposed
changes to Title 8 JCC as follows:
i. The BoCC and the BOH have concurrent legislative authority for the changes to
Chapters 8.01, 8.05, 8.10, 8.15, 8.45, 8.55, 8.60, and, 8.65. For these changes, the
BoCC and the BOH jointly adopt them.
ii. The BoCC has legislative authority regarding the proposed changes to Chapters
8.20, 8.25, 8.30, 8.40, 8.70, 8.75, 8.80, and, 8.90 and the BOH has no legislative
authority regarding these changes. For these changes only the BoCC adopts them.
b. The BoCC has legislative authority regarding the proposed changes to Titles 15, 17
and 18 and the BOH has no legislative authority regarding these changes. For these
changes only the BoCC adopts them.
Section 3. Findings. The BOH and the BoCC hereby adopt the above recitals (the
"WHEREAS" statements)as its findings of fact in support of this Ordinance.
Section 4. 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 5. Establishment Fees. Fees set forth in Title 19 JCC shall be established. These
fees shall be added to the Appendix Fee Schedule.
Section 6. 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,
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Adopting Ordinance Draft: 10/08/2020 4:30 PM
proposal, available information, and applicable regulations Jefferson County's SEPA
Responsible Official issued a Determination of Non-Significance (DNS) on October , 2019
under WAC 197-11-340(1). Under WAC 197-11-340 this DNS does not require a public
comment period.
Section 7. Effective Date. This ordinance is effective immediately upon adoption.
(SIGNTURES FOLLOW ON NEXT PAGES)
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Adopting Ordinance Draft: 10/08/2020 4:30 PM
APPROVED AND ADOPTED this day of , 2019.
JEFFERSON COUNTY BOARD OF HEALTH
Sheila Westerman, Chair Kate Dean, Vice Chair
Pamela Adams, Member Greg Brotherton, Member
Kees Kloff, Member Denis Stearns, Member
David Sullivan, Member
ATTEST: APPROVED AS TO FORM:
Karen Abbott, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney
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Adopting Ordinance Draft: 10/08/2020 4:30 PM
ADOPTED this day of 2019, at a.m.
JEFFERSON COUNTY
BOARD OF COUNTY COMMISSIONERS
SEAL:
Greg Brotherton, Chair
David Sullivan, Member
ATTEST:
Kate Dean, 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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PROPOSED COMPLIANCE CODEAND
PROPOSED UPDATES TO OTHER COUNTY CODES
TO CREATE A UNIFORM COMPLIANCE SYSTEM
FOR JEFFERSON COUNTY
DRAFT –10/06/2020
Jefferson County CodePageii
PROPOSED COMPLIANCE CODE AND
PROPOSED UPDATES TO OTHER COUNTY CODES
DRAFT –10/06/2020
TABLE OF CONTENTS
TABLE OF CONTENTS..............................................................................................................................ii
APPENDIX A –TITLE 19...........................................................................................................................1
TITLE 19 –NEW COMPLIANCE CODE...................................................................................................2
Chapter 19.05 INTRODUCTORY PROVISIONS...............................................................................3
Chapter 19.10 GENERAL PROVISIONS............................................................................................5
Chapter 19.15 VOLUNTARY COMPLIANCE.................................................................................18
Chapter 19.20 NOTICE AND ORDERS............................................................................................21
Chapter 19.25 VEHICLE AND PUBLIC RIGHT OF WAY NUISANCES......................................25
Chapter 19.30 PENALTIES, COSTS, AND SETTLEMENTS..........................................................28
Chapter 19.35......................................................................................................................................32
ADMINISTRATIVE AND HEARING EXAMINER APPEALS FOR CIVIL CODE VIOLATIONS
............................................................................................................................................................32
Chapter 19.40 HEARING EXAMINER APPEALS FOR NUISANCES...........................................38
APPENDIX B –UPDATES TO OTHER CODES....................................................................................41
TITLE 8 –PROPOSED UPDATES.......................................................................................................42
Chapter 8.01 ENVIRONMENTAL HEALTH CIVIL ENFORCEMENT.........................................43
Chapter 8.05 FOOD SERVICE SANITATION.................................................................................46
Chapter 8.10 SOLID WASTE REGULATIONS................................................................................50
Chapter 8.15 ON-SITE SEWAGE CODE..........................................................................................83
Chapter 8.90 PUBLIC NUISANCES...............................................................................................123
TITLE 15 –PROPOSED UPDATES...................................................................................................144
TITLE 17 –PROPOSED UPDATES...................................................................................................146
Chapter 17.05 GENERAL PROVISIONS........................................................................................147
TITLE 18 –PROPOSED UPDATES...................................................................................................148
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APPENDIX A –TITLE 19
Notes:
(1)All the text in Title 19 is new.
(2)Highlightingis to make future editing easier for staff, not for emphasis.
(3)Text in strikeoutshows language staff proposes to delete in existing code in favor of the new
compliance code. Text without strike outin existing code is language staff proposes to keep.
(4)Text underlinedshows language to be added to anexisting provision of the JCC.
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Title 19 COMPLIANCE
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TITLE 19–NEW COMPLIANCE CODE
This new compliance code incorporates the existing Public Nuisance Code in Chapter 8.90JCC.
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Chapter 19.05
INTRODUCTORY PROVISIONS
Sections:
19.05.010Purpose.
19.05.015Liberal Construction.
19.05.020Code Compliance Rules of Procedure Authorized.
19.05.025Severability.
19.05.010Purpose.
(1) The purpose of this title is to identify processes and methods to achieve compliance with laws and
regulations adopted by Jefferson Countypursuant to Article XI, Section 11 of the Washington
Constitution and other State laws that promote and protect the general public health, safety, and
environment of JeffersonCounty residents. Pursuant toRCW36.32.120(7), this title declares certain acts
to be civil violations and establishes civil enforcement procedures and penalties, and also declares certain
acts to be misdemeanors, punishable by a fine of not more than $1,000 orimprisonment in a County jail
for not more than 90 days.
(2)In this chapter, the board of county commissionersalsoexercises the power granted to it by
RCW36.32.120(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 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 by the board of county commissionersthrough
RCW36.32.120(10), the board of healthhas the authority to provide for the preventing and control of
nuisances detrimental to the public health under RCW70.05.060(5).
(4)This chapterprovides uniform and efficient regulation for civil code violations andacts 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) It is the intent of Jefferson County to pursue code compliance in order to protect the health, safety, and
environment of the general public.
(6)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.
(7)The county emphasizesvoluntary compliance with statutes, regulations, ordinances, andavoidance of
public nuisances by education, prevention, and voluntary compliance as a first step. County departments
should be sensitive to the possibility thatresidents 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.
(8)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
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and effect compliance with this chapter. Abatement or remediation should be pursued when appropriate
and feasible.
(9)While this chapter authorizesthe county 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.
(10) This title, along with Chapter 2.30JCC (Hearing Examiner)is intended to be a complete and uniform
systemfor code compliance,including issuing civil violations,monetary penalties, and appeal processes.
(11) The intent of this title is that the director of the department responsible for implementing a chapter of
Jefferson County Code also has responsibility for compliance with that chapter under this title.
(12)Jefferson County intends this Title to be a complete system in lieu of a civil infraction system, as
authorized by RCW7.80.010(5)
.
19.05.015Liberal Construction.
This title shall be liberally construed to carry out its broad purposes.
19.05.020Code Compliance Rules of Procedure Authorized.
(1)Code Compliance Rules of Procedure. Code Compliance Rules of Procedureare authorized andmay
be adopted by the board of county commissioners and board of health.
(2)Amendment toCode Compliance Rules of Procedure. The county administrator, with the concurrence
of the Prosecuting Attorney’s Officeis delegated authority to propose amendments to the Code
Compliance Rules of Procedure pursuant to this section. The county administratorshall transmit a copy of
the proposed rule or amendment to the clerk of the board of county commissioners and board of health for
review and potential approval. The clerk of the board of county commissioners and board of health shall
place the proposed rule or amendment on the board of county commissioners’ and board of health’s
meeting agenda. The board of county commissioners and board of health shall approve, modify, or deny
all proposed rules or amendments through a motion.
(3)Scope and Enforceability of Code Compliance Rules of Procedure. The scope of the Code Compliance
Rules of Procedure shall be limited to rules necessary to carry out the intent of this title, such as code
compliance investigations, priority of enforcement, penalty additions or subtractions, settlement options,
and similar rules. Rules shall not conflict with any ordinance or statute and must be consistent with this
title. The Code ComplianceRules of Procedure shall be enforceable to the same extent as the Jefferson
County Code.
19.05.025Severability.
Should any section, subsection, paragraph, sentence,clause, or phrase of this title be declared
unconstitutional or invalid or unenforceable for any reason, such decision shall not affect the validity of
the remaining portions of this title which will remain in full force and effect.
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Chapter 19.10
GENERAL PROVISIONS
Sections:
19.10.010Applicability.
19.10.015Definitions.
19.10.020Declaration of public nuisance, misdemeanor.
19.10.025Enforcement authority and administration.
19.10.030Conference.
19.10.035Guidelines regarding responses to potential violations.
19.10.040Investigating potential violations.
19.10.045Enforcing civilcode violations.
19.10.050Service of notices of voluntary compliance, notices of noncompliance, notices of
violation, stop work orders, notices of violation and orders of abatement, and certificates
of correction.
19.10.055Right of entry.
19.10.060Conflicts.
19.10.065Representation by attorney.
19.10.070Certificate of correction.
19.10.075Limitation of liability.
19.10.080Denial of permits.
19.10.085Suspension or revocation of permit.
19.10.090Notice to Title.
19.10.010Applicability.
This title shall applytoenforcement actions under the following statutes, regulations, ordinances, or
health officer directive, or health officer order(s)as they now exist,or as they may hereafter be amended:
(1) Title 8JCC,any statute, regulation, or ordinance listed in JCC 8.01.030, except:
(a) Suspension or revocation for any permit, license, or certificate listed in JCC 8.01.030;
(b) Stop work orders for any permit listed in JCC 8.01.030; and,
(c) Notice to vacate issued under JCC 8.10.950.
(2) Title 12JCC, Chapter 12.05JCC, Road Approaches.
(3) Title 15JCC,Chapter 15.05JCC,Building Codes.
(4)Title 15JCC,Chapter 15.15JCC, Flood Damage Prevention.
(5) Title 17JCC, Master Planned Resorts-All chapters.
(6) Title 18JCC, Unified Development Code-All chapters.
(7)Any other statutes, regulations, ordinances, health officer directive, or health officer order(s)defined
as a civil code violation pursuant to JCC 19.10.015(14).
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19.10.015Definitions.
The following definitions shall apply in the interpretation and enforcement of this chapter:
(1)“Abandoned vessel” has the same meaning as in RCW79.100.010(1).
(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 andany
other person when:
(a)The decision has prejudiced or is likely to prejudice that person;
(b)Thatperson’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) “Administrative hearings officer” means the health officer or adisinterested director, or their
designee.
(8)“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.
(9)“Automotive repair business” means a business that performs “automotive repair,” as defined in
RCW46.71.011(2).
(10)“Building” means any structure utilized or intended for supporting or sheltering any occupancy.
(11)“Building nuisance” means, in conjunction with Chapter35.80RCW, dwellings which are unfit for
human habitation, and buildings, structures, 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 that have an adverse impact on health and
safety.
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(12)“Burning nuisance” means the burning of any plastics, rubber, or any materials or item causing
noxious or toxic odors. 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
Chapter173-425,173-430or332-24
WAC.
(13) “Code Compliance Coordinator” means the Jefferson County staff member responsible for
coordinating and enforcing ordinances, statutes, and regulations under this title.
(14)“Civil code violation” means and includes:
(a)Any act or omission contrary to any ordinance, resolution, regulation, health officer directive, or
health officer orderof the county that regulates or protects public health, safety, environment, or use and
development or land or water, whether or not the ordinance is codified; or,
(b)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, health
officerdirective, or health officer order.
(c) For the avoidance of doubt, a civil code violation exists whether or not the ordinance, resolution,
regulation, health officer directive, or health officer orderis codified.
(15)“Condition” means a state of being.
(16)“County” means Jefferson County, Washington.
(17)“Critical areas” means critical areas as defined in RCW36.70A.030(6), including critical aquifer
recharge areas, geologically hazardous areas, fish and wildlife habitat conservation areas, frequently
flooded areas, and wetlands, each as further delineated in Chapter18.22JCC. Per RCW36.70A.030(6),
“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.
(18)“Degrade” means to scale down in desirability or salability, to impair with respect to a condition.
(19)“Director” means: (a) the elected official, county department head, or county officer responsible for
enforcing a civil code violation;(b) the health officer, as defined in JCC 19.10.015(27)or their designee;
(c) authorized representatives of the director, including compliance officers and inspectors whose
responsibility include the detection and reporting of civil code violations; and, (d) any designee of the
board of health or the board of county commissioners empowered to enforce violations of this chapter.
(20) “Disinterested director” means a directorof a county departmentwhose departmentis not closely
involved in the ongoing code compliance enforcement action.
(21)“Department” means the county department responsible for enforcing the civil code being violated.
(22)“Derelict vessel” has the same meaning as in RCW79.100.010(5).
(23)“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.
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(24)“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.
(25)“Final decision” means:
(a) A voluntary compliance agreemententered into pursuant to JCC19.15.015, unless a notice of
noncompliance has been issued under the voluntary complianceagreement;
(b) A decision pursuant to JCC19.15.015, 19.20.010, or19.20.020, unless a timely request for an
administrative hearinghas been made;
(c)A decisionpursuant to JCC19.25.010(5) or JCC 19.25.015(2), unless a timely request for a hearing
has been made;
(d) A decision pursuant to JCC19.25.010(7), when there has been a timely request for a hearing after a
decision under JCC19.25.010(5);
(e)A decisionpursuant to 19.25.015(3);
(f) A decision pursuant to JCC19.35.015, when there has been a timely request for an administrative
hearingafter a decision under JCC19.20.010, 19.20.015, or19.20.020or when a notice of noncompliance
has been issued under a voluntary complianceagreement entered into pursuant to JCC19.15.015;
(g)A decision pursuantto JCC 19.35.045, when there has been a timely request for a hearing examiner
appeal after a decision under JCC 19.35.015.
(h) A decision pursuant to JCC 19.40.015, when there has been a timely request for a hearing examiner
appeal after a decision pursuant to JCC 19.20.015, 19.25.010(5), or JCC 19.25.015(2).
(26)“Found violation” means: (a) a notice of violation, stop work order, notice of violation and order of
abatement, or notice of noncompliance with a voluntary compliance agreement, that has not been timely
appealed; (b) a voluntary compliance agreement; or,(c) the administrative hearings officer or the hearing
examiner has determined that the violation has occurred and the final decisionhas not been stayed or
reversed on appeal.
(27) “Health officer”means a legally qualified physician who has been appointed as the health officer for
Jefferson County under RCW70.05.070or their designee.
(28)“Hearing examiner” meansanexaminer under Chapter 2.30JCCwho is authorized to handle the
administrative remedies and hearing examiner appeals authorized by this title.
(29)“Hulk hauler” has the same meaning as in RCW46.79.010(4).
(30)“Immediate adverse impact” means an adverse impact to public health and safety that could occur
within a short period of time.
(31)“Inoperative vehicle” means a vehicle which: (a) has been in stationary position for more than 60
days; (b) appears to be unable to 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.
(32)“JCC” means the Jefferson County Code, as it now exists or is later amended.
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(33)“Junk vehicle” has the same meaning as in RCW46.55.010(5). However, “junk vehicle” does not
include a vehicle or part thereof that is stored entirely within a building in a lawful manner 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 RCW46.80.130.
(34)“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.
(35)“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.
(36)“Nuisance” includes: (a) conditions meeting the definition in RCW7.48.120, that are public
nuisances; and,(b) each of the conditions determined to be nuisances pursuant to RCW36.32.120(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.
(37)“Omission” means a failure to act.
(38)“Or” means both or and and/or.
(39)“Other declared nuisances” means nuisances declared elsewhere in the Jefferson County Code as
declared under RCW36.32.120(10).
(40)“Person” means person as that term is defined in RCW1.16.080.
(41)“Person responsible” means aperson who caused the alleged civil code violation or 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 civil code violation or nuisance occurs, or both.
(42)“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.
(43)“Public nuisance” has the same meaning as in RCW7.48.130.
(44)“Public right-of-way nuisance” means personal property or solid waste belonging to an evicted
tenant which has been placed onto the public right-of-way pursuant to a court-ordered eviction per
Title59RCWand not removed within twenty-four hours, is a nuisance.
(45)“RCW” means the Revised Code of Washington, as it now exists or is later amended.
(46)“Registered tow truck operator”has the same meaning as in RCW46.55.010(7).
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(47)“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.
(48)“Repeat civil code violation” means a civil code violationof the same regulation by the same person
or property ownerfor 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.
(49)“Repeat nuisance” means a nuisance of the same regulation by the same personor property owner
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.
(50)“Salvage nuisance” means the outside accumulation of solid waste or materials that have an adverse
impact on public health and safety.
(51)“Solid waste” has the same meaning as in RCW70A.205.015(22).
(52)“Scrap” means any manufactured metal or secondhand vehicle parts useful only as material for
reprocessing.
(53)“Scrap processor” has the same meaning as in RCW46.79.010(2).
(54)“Screened” means not visible from any portion or elevation of any neighboring or adjacent public or
private property, easement, or right-of-way.
(55)“Secondhand vehicle part” means any secondhand vehicle part, including but not limited to a “core”
as defined in RCW46.80.010(1), or “major component part” as defined in RCW46.80.010(4).
(56) “Substantially prevails” means the party which is meritorious on the substance of the relief that is
granted to the parties. If each party prevails on the merits on the substance of the relief that is granted then
there shall be no substantially prevailing party.
(57)“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.
(58)“Vehicle dealer” has the same meaning as in RCW46.70.011(17).
(59)“Vehicle nuisance” means a vehicle nuisance as described in JCC19.25.010.
(60)“Vehicle wrecker” has the same meaning as in RCW46.80.010(5).
(61)“Violation” means a violation of this chapter.
(62)“WAC” means the Washington Administrative Code, as it now exists or is later amended.
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(63)“Work” means and act or omission resulting in development or a land disturbing activity.
(64)“Wrecked vehicle” has the same meaning as in RCW46.80.010(6).
19.10.020Declaration of public nuisance, misdemeanor.
(1) All civil code violations consistent with JCC 19.10.015(14)are hereby determined to be detrimental to
the public health, safety, and environment and are hereby declared public nuisances, which may be
subject to abatement and recovery of abatement costs pursuant to RCW
36.32.120(10), as now enacted or
hereafter amended.
(2) All nuisances as definedunder JCC 19.10.015(36)are hereby determined to be detrimental to the
public health, safety, and environment and are hereby declared public nuisances, which may be subject to
abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter
amended.
(3) Any person who knowingly causes, aids, or abets a civil code violation or nuisance by any act of
commission or omission is guilty of a misdemeanor, punishable by a fine of not more than $1,000 or
imprisonment in a county jail for not more than 90 days. Each calendar week (seven days) such violation
continues shall be considered a separate misdemeanor offense.The preference in this titleis for voluntary
compliance and civil enforcement, whenever possible.
(4) The Prosecuting Attorney may at any time bring such additional injunctive, declaratory, criminal, or
other actions as are necessary to enforce the provisions of the Jefferson County Code.
(5) Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same
violations may not be brought simultaneously.
19.10.025Enforcement authority and administration.
(1) All conditions determined to be civil code violations or nuisances may be enforced pursuant to the
provisions of this title except to the extent preempted by State orFederal Law, and except to the extent
preempted by any contrary enforcement and penalty provisions contained in the ordinance being
enforced.
(2)Authority. As a result of a determination that a civil code violation or a nuisance under this title exists,
a director may:
(a)Issue notices of voluntary compliance as authorized by JCC19.15.010.
(b)Enter into voluntary compliance agreements with persons responsible for the civil code violation or
nuisance and issue notices of noncompliance if the persons responsible fail to comply with the terms of
the voluntary compliance agreement as authorized by JCC19.15.015(2)(a);
(c)Order work stopped at a site by means of a stop work order, as authorized by JCC19.20.020;
(d)Issue notice of violations, assess monetary penalties and fines as authorized by JCC19.20.010 and
19.30.010, and recover costs as authorized by JCC19.30.020.
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(e)For nuisances 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 JCC19.20.015,19.30.010, and19.30.020;
(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, except for any
permit issued by any statute, regulation, or ordinance listed in JCC 19.10.080; 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 JCC19.30.020(3).
(4) The director is authorized to issue a notice to title against the affected property when found violations
remain uncorrected.
(5)The provisions of this chapter are not exclusive and may be used in addition to other enforcement
provisions authorized by the RCW, WAC, or JCC.
(6)The provisions of this chapter shall notin any manner limit or restrict the county from remedying civil
code violations or abating nuisances in any other manner authorized by law.
(7)This title shall not be construed to limit the authority of the county board of health in enforcement of
the county health code or regulations.This title shall be used to enforce the statutes, regulations, or
ordinances listed in JCC 19.10.010, unless the specific statute, regulation, or ordinance allows alternative
enforcement authority.
(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.
(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 civil code violation or nuisance.
(10) The director shall send out regular bills for penalties and costs owing under this title. If penalties or
costs remain unpaid 90 calendar days after they have been imposed (or, if appealed, 90 calendar days
after final resolution of the appeal), the director is authorized to:
(a) Impose interest at six percent per annum;and,
(b) Record a lien against the subject property.
(11) The provisions of this title detailing departmental administration of code compliance procedures are
intended only for the purpose of providing guidance to Jefferson County employees and are not tobe
construed as creating a basis for appeal or a defense of any kind to an alleged violation.
(12) The provisions of this title authorizing the enforcement of non-codified ordinances are intended to
assure compliance with conditions of approval on permitsor approvals which may have been granted
pursuant to ordinances which have not been codified, and to enforce new regulatory ordinances which are
not yet codified. Departments should be sensitive to the possibility that citizens may not be aware of these
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ordinances, and should give warnings prior to enforcing such ordinances, except that a stop work order
may be issued any time when a civil code violation is found to be in progress.
19.10.030Conference.
An informal conference may be conducted at any time by the director at theirdiscretion and subject to
available resources for the purpose of facilitating communication among concerned persons and providing
a forum for efficient resolution of any violation.
19.10.035Guidelines regarding responses to potential violations.
It is the county’s policy to investigate and to attempt to resolve all potential code violations. At the
discretion of the director, potential violations may be processed in any order that maximizes the efficiency
of enforcement. However, attimes when not all potential code violations can be investigated due to lack
of resources or otherwise, the most serious potential violations should be addressed before less serious
potential violations. The Code Compliance Rules of Procedure shall contain priorities of enforcement
consistent with this section.
19.10.040Investigating potential violations.
The director shall determine, based on information derived from such sources as field observations, the
statements of witnesses, relevant documents, and available data systems, if the following elements have
been established. All elements must be established to determine that a civil code violationor nuisancehas
occurred or is occurring.
(1) The director shall identify the person responsibleas defined JCC 19.10.015(41);
(2) The director shall identify the specific provision of the relevant statute, regulation, ordinance, permit
condition, notice and order, or stop work order that has been or is being violated; and,
(3) The director shall determine whether there are reasonable grounds to believe that the acts or omissions
that constitute the violation did occur or are occurring. Such grounds may be established either by
personal observation or by reliable evidence from witnesses.
19.10.045Enforcing civil code violations.
When a civil code violation has been established according to the provisions of JCC 19.20.010, the
director may use the following guidelines in enforcing the violation. Failure to meet the following
guidelines does not in any way prevent the director from enforcing the violation.
(1) Stop work orders should be issued promptly upon discovering a violation in progress.
(2) Except as provided in subsections (1) and (3) of this section, the director may issue a written warning,
in the form of a notice of voluntary compliance,to the person determined to be responsible for code
compliance. Notice of voluntary compliancemay be mailed by regular mail, hand-delivered in person, or
posted on the subject property. The notice of voluntary complianceshall inform the person determined to
be responsible for code compliance of the violation and allow the person an opportunity to correct it or
enter into a voluntary compliance agreement as provided for by this title.
(3) No notice of voluntary complianceneed be issued in emergencies, repeat violation cases, cases that
are already subject to a voluntary compliance agreement, cases in which the violation creates a situation
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or condition that is not likely to be corrected within a short period of time, cases in which a stop work
order is necessary,compliance cases started under Chapter 8.90 JCC
before recodification or Chapter
8.90 JCCinto this Title,or if the person responsibleknows or reasonably should have known that the
action was a civil code violation.
(4) Notice of violationsmay be issued in cases whereamonetarypenalty is necessary to bring about
corrective action, such as remediation ormitigation.
(5) Orders of abatement may be issued in cases where the person responsiblehas failed to abate the
nuisance or the nuisance represents an immediate life safety threat. Orders of abatement authorize the
County to abate the nuisance if the responsible person fails to abate the nuisance within the time
authorized, unless the nuisance represents an immediate life safety threat.
19.10.050Service of notices of voluntary compliance, notices of noncompliance, notices of
violation, stop work orders, notices of violation and orders of abatement, and certificates of
correction.
(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 responsibleby 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
civil code violation or 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 thecivil code violation ornuisance 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 responsibleat the person’s last known address, at the address
of the civil codeviolation or 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. However, a
notice of voluntary complianceand certificate of correctionmay be sent solely by ordinary first-class mail
to the person responsibleat the person’s last known address, at the address of the civil code violation or
nuisance, or at the address of the person’s place of business.All other communication may be sent via
USPS first class mail or through electronic means.
(d)When the address of the person responsiblecannot 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.
(f)Service of a stop work order on a person responsiblemay 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.
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(g)If the person responsibleis a tenant, a copy of the notice, order, or other documentsshall also be
mailed to the landlord or owner of the property where the alleged civil code violation or nuisance is
occurring.
(h)If the alleged civil code violation or nuisance involves a vehicle nuisance, notice shall be provided in
accordance with JCC 19.25.010(6).
(i) Service by mail shall be deemed effective upon the third business day following the day of mailing.
(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.
19.10.055Right of entry.
(1)It is the intention of this titlethat any entry made to private property for the purpose of inspection for
civil code violations or 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 access to property for the
purpose of administering this chapter. The court may upon such application issue the search warrant for
the purpose requested.
19.10.060Representation by attorney.
A person subject to proceedings under this titlemay appear on their own behalf or be represented by
counsel.The prosecuting attorney represents the county and may, but is not required to, appear in any
proceedings under this title.
19.10.065Certificate of correction.
(1) It shall be the responsibility of theperson responsibleto bring the subject property into compliance
with the statute, regulation, or ordinance.Payment of monetary penalties and costs, applications for
permits, acknowledgement of stop work orders, and compliance with other remedies does not substitute
for performing the corrective work required to bring the subject property into compliance.
(2) A violation shall be considered ongoing and daily penalties continue to accrue up to the date that the
subject property has been brought into compliance with the statute, regulation, or ordinance, as
determined by the director, and as evidenced by a written certificate of correction in the form of a letter
issued by the director.
(3) A request for a certificate of correction shall be in writing on a form made available by the director
and shall be submitted to the director. This request shall include the following:
(a) The address, legal description, and JeffersonCounty tax parcel number of the subject property;
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(b) A declaration of corrective actionsperformed;
(c) Authorization for the director or his designee to enter and remain upon the subject property, during
normal county business hours, to verify whether the subject property has been brought into compliance, in
the form of written permission ofthe occupant or, if not occupied, the landowner; and,
(d) Name, mailing address, and phone number of the person requesting the certificate of correction.
(4) The director shall issue a decision on a request for a certificate of correction in writing within 10 days
of receipt of the written request and shall serve the same on the person responsible, the party requesting
the certificate of correction, and the landowner of the subject property by mailing a copy of the same to
the last known address of each partyby first class USPS mail. The person effecting the mailing shall
declare in writing the date and address the mailing was made. Service by mail shall be deemed effective
upon the third business day following the day of mailing. The decision of the director on a request for a
certificate of correction may be appealed pursuant to the appeal provisions of this title.
(5) The certificate shall include a legal description of the subject property, shall indicate the date on which
daily monetary penalties ceased to accrue, and shall state if any unpaid monetary penalties and costs for
which liens have been recorded are still outstanding and continue as liens on the subject property.
(6) A certificate of correction shall not constitute nor be considered a warranty, guarantee, or certification
of any kind, express or implied, by JeffersonCounty as to the physical condition of the subject property.
19.10.070Limitation of liability.
Any person determined to be responsible for code compliance pursuant to a notice ororder shall be liable,
jointly and severally,with all persons responsible for code compliance, for the payment of any and all
monetary penalties and costs. However, if thelandowner of the subject property affirmatively
demonstrates that the action which resulted in the violation was taken without the landowner’s actual or
constructive knowledge, the landowner shall be liable, jointly and severally with the person responsible,
only for the costs of bringing the subject property into compliance with the JeffersonCounty Code.
19.10.075Denial of permits.
The director shall not issue any permit or other development approval on a property subject to a stop work
order, notice ofviolation, or notice of violation and order of abatement as long as the civil code violation
or nuisancethat is the subject of the stop work order, notice of violation,or notice of violation and order
or abatement remains uncorrected, except that the director may issue such permits necessary to correct the
violationor permits to preserve life or property.
19.10.080Suspension or revocation of permit.
(1) The director may suspend or revoke any permit issued by that director whenever:
(a) Thedirector has determined thatpermit holder has committed afound civilcode violationor
nuisance, as defined in JCC 19.10.015(14) or 19.10.015(36)in the course of performing activities
subject to that permit; or,
(b) The permit holder has failed to comply with the provisions of a noticeof violation,notice of
violation and orderof abatement, stop work order, or voluntary compliance agreement.
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(2) A suspension or revocation authorized by subsection (1) of this section shall be carried out through the
notice of violation provisions within this title.
(3) Notwithstanding any other provision of this title, the director may immediately suspend operations
under any permit by issuing a stop work order pursuant to the provisions of this title.
(4) Suspensionor revocations of permits may be appealed within fifteen (15) days of receipt, pursuant to
JCC 19.35.015.
(5) This section shall not apply to any statute, regulation, or ordinance listed in JCC 8.01.030.
19.10.090Notice to Title.
(1) Notice to Title. If the director finds that an owner has failed to comply with the requirements of this
Title, the director, after consultation with the Prosecuting Attorneymay record a notice of potential
uncorrected violation finding on the title of the property with the Jefferson County auditor.
(2) Removal of Notice. The owner shall make written request to the directorfor rescission of the notice to
title. The request shall specify corrective actions that have been completed.
(3) The director, upon determining that noticed violation has been corrected, shall record a rescission of
notice with the Jefferson County auditor.
(4) The owner shall pay fees as required to complete inspection(s) to verify correction and to record the
rescission prepared by the director.
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Chapter 19.15
VOLUNTARY COMPLIANCE
Sections:
19.15.010 Notice of Voluntary Compliance.
19.15.015 Voluntary Compliance Agreements.
19.15.010Notice of Voluntary Compliance.
(1)Whenever the director has a reasonable belief that a civil code violation, as defined in JCC 19.10.015
(14)or nuisance, as defined in JCC19.10.015(36), has occurred or is occurring, the director shall make
reasonable efforts to investigate the alleged civil code violation or nuisance, and secure voluntary
compliance from the person responsible, including pursuant to a notice of voluntary compliance as
described in JCC 19.15.010(a).
(a)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 civil code violation or nuisance has occurred or is occurring;
(iii) A description of the alleged civil code violation or nuisance and a reference to the regulation(s)
which has been violated;
(iv) A reasonabletime and date by which the corrective action is to be completed to resolvethe alleged
civil code violation or nuisance; however, in no event shall the time given for voluntary compliancebe
greater than 30 days, unless authorized under subsection (1)(a)(ii) of this section; and,
(v) That continued or subsequent found violations 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.
(b)Upon written request received prior to the correction date, the directormay, 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. Thedirector may only consider as good cause:
(i)Substantialcompletion of necessary correction;
(ii)Unforeseeablecircumstances not caused by the person so as to make completion impossible by the
date established; or,
(iii)Proceduralrequirements for obtaining a permit to carry out the corrective action.
19.15.015Voluntary Compliance Agreements.
(1)The director and person responsiblemay meet to develop a voluntary compliance agreement.
(a)Upon written request received prior to thecorrection 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:
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(i) Substantialcompletion of necessary correction;
(ii) Unforeseeablecircumstances not caused by the person so as to make completion impossible by the
date established; or,
(iii) Proceduralrequirements for obtaining a permit to carry out the corrective action.
(b)Voluntary Compliance Agreement.
(i)The person responsiblemay enter into a voluntary compliance agreement with the director, acting on
behalf of the county. A voluntary compliance agreement is contract between the county and the person
responsibleunder which the person responsibleagrees to do any combination of abating the civil code
violation or nuisance, remediating the site, or mitigating the impacts of the civil code violation or
nuisance, within a specified time and according to specified conditions.
(ii)A voluntary compliance 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.
(iii)Content. The voluntary compliance agreement shall include the following:
(A)Thename and address of the person responsible;
(B)The street address or other description sufficient for identification of the building, structure, premises,
or land upon or within which the alleged civil code violation or nuisance has occurred or is occurring;
(C)A description of the alleged civil code violation or nuisance and a reference to the regulation which
has been violated;
(D)The necessary corrective action to be taken, and a date or time by which correction must be
completed;
(E)An acknowledgment by the person responsiblethat:
(I) The Countymay enter the property and inspect the premises as may be necessary to determine
compliance with the voluntary compliance agreement;
(II) The person waives the right to appeal administratively the existenceof 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 compliance 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 compliance
agreement, the person responsiblevoluntarily and knowingly waives the right to a hearing or
administrative appeal before the administrative hearings officer or 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 voluntary complianceagreement may be administratively appealed under
JCC19.35.015 or JCC 19.40.015.
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(d)Effect of Voluntary Compliance Agreement. Upon entering into a voluntary compliance agreement, a
person responsibleadmits that the conditionsdescribed in the voluntary complianceagreement existed
and constituted a civil code violation or 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 19.30.010. The person
identified in the voluntary compliance agreement is liable for the costs incurred by the county to pursue
compliance with this chapter and to abate the nuisance, monetary penalties, including legal and incidental
expenses as provided for in JCC19.30.020and is subject to all other remedies provided for in this title.
(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 responsiblehas shown due diligence or
substantial progress in correcting the civil code violation or nuisance, but unforeseen circumstances have
made full and timely correction under the original conditions unattainable.
(2)Failure to Meet Terms of Voluntary ComplianceAgreement.
(a)Notice of Noncompliance. If the department determines that terms of the voluntary compliance
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 complianceagreement. The notice of noncompliance shall also include the
monetary penalty to be imposed based upon the failure to comply with the voluntary compliance
agreement.
(b)Appeal. Any person responsiblemay appeal the facts and conclusions described in the notice of
noncompliance as provided by JCC19.35.015 or JCC 19.40.015.
(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
JCC19.35.015 or JCC 19.40.015, then:
(i)If applicable,the department may abate the nuisance in accordance with this chapter without the
person responsiblebeing issued a notice of violation, stop work order, or notice of violation and order of
abatement;
(ii)The person responsibleshall be assessed a monetary penalty commencing on the date set for
correction in the notice of noncompliance and thereafter, in accordance with JCC 19.20.010or the penalty
provisions of the voluntary complianceagreement, plus all costs incurred by the county to pursue
compliancewith this chapter and to abate the nuisance in accordance with JCC 19.20.015 and 19.30.020.
(iii)The person responsiblemay be subject to other remedies authorized by this title.
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Chapter 19.20
NOTICEANDORDERS
Sections:
19.20.010Notice of Violation.
19.20.015Notice of Violation and Order of Abatement.
19.20.020Stop Work Order.
19.20.010Notice of Violation.
(1)Issuance.
(a)When the director determines that a civil code violation, as defined in JCC 19.10.015(14)or nuisance,
as defined in JCC 19.10.015(36),has occurred or is occurring and is unable to secure voluntary
compliance, the director may issue a notice of violationto the person responsible.
(b)Under the following circumstances the director may issue a notice of violation without having
attempted to secure voluntary complianceas provided in JCC 19.15.010:
(i)When an emergency exists;
(ii)When a repeat violation occurs;
(iii)When the civil code violation or nuisance creates a situation or condition which cannot be corrected;
(iv)When the person responsibleknew or reasonably should have known that the action was a civil code
violation; or,
(v)When the person responsiblecannot be contacted, when reasonable attempts to contact the person
have failed, or the person refuses to communicate or cooperate with the county in correcting thecivil code
violation ornuisance.
(2)Content. The noticeof violation shall include the following:
(a)The name and address of the person responsible;
(b)The street address or description sufficient for identification of the building, structure, premises, or
land upon or within which the civil code violation ornuisance has occurred or is occurring;
(c)A description of the civil code violation or 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 civil code violation or nuisance as
specified in JCC19.30.010may be assessed against the person to whom the notice of violation is directed
and a statement that all costs associated with thecivil code violationnuisance may be recovered as
specified in JCC 19.30.020; and,
(e)A statement that administrative appeal rights may be available under JCC 19.35.015oran
administrative hearing examiner appeal for nuisances underJCC 19.40.015.
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19.20.015Notice of Violation and Order of Abatement.
(1)Issuance and Abatement.
(a)When the director determines that a nuisance, as defined in JCC 19.10.015(36), has occurred or is
occurring and is unable to secure compliance after an attempt for voluntary compliance ora notice of
violation under JCC19.15.010, 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 compliance after a notice of violationwhen:
(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 responsibleknew or reasonably should have known that the action was a civil code
violation; or,
(v)When the person responsiblecannot be contacted when reasonable attemptsto 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 violation and order of abatement shall include the following:
(i)The name and address of the personresponsible;
(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 19.10.025;
(v)A statement that the costs and expenses of abatement incurred by the county pursuant to JCC
19.30.020, and a monetary penalty in an amount per day for each nuisance as specified in JCC 19.30.010,
may be assessed against the person to whom the notice ofviolation and order ofabatement is directed;
and,
(vi)A statement that administrative appeal rightsto the hearing examinermay be available under JCC
19.40.015.
(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:
(i) Substantialcompletion of necessary correction;
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(ii) Unforeseeablecircumstances not caused by the person so as to make completion impossible by the
date established; or,
(iii) Proceduralrequirements for obtaining a permit to carry out the corrective action.
(2)Summary Abatement.
(a)When the director determines that a nuisance, as defined in JCC 19.10.015(36), has occurred or is
occurring and 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 19.10.050.
(i)The person responsibleshall bear the costs and expenses of abatement incurred by the county pursuant
to JCC19.30.020after service upon the person responsibleof the notice of violation and order of
abatement. A monetary penalty in an amount per day for each nuisance as specified in JCC
19.30.010may 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 responsibleof the notice of violation and order of abatement.
19.20.020Stop Work Order.
(1)Stop Work Order. Whenever the director determines that work is acivil code violation, as defined in
JCC 19.10.015(14)or is a nuisance, as defined in JCC 19.10.015 (36),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 notin 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.
(d)Content. The stop work 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 civil code violation or nuisance has occurred or is occurring;
(iii)A description of the civil code violation or nuisance and a reference to the provision(s) of the
ordinance, statute, regulation,heath officer directive, or health officer order(s)which has been allegedly
violated;
(iv) Notification that the stop work order requires the immediate cessation of the specified work or
activity on the subject property and that work or activity may not resume unless authorized in writing by
the director in the form of a certificate of correction; and,
(v)A statement that a monetary penalty in an amount per day for each civil code violation or nuisance as
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specified in JCC 19.30.010, may be assessed against the person to whom the stop work order is directed;
and,
(vi)Astatement that administrative appeal rights may be available under JCC 19.35.015or JCC
19.35.045.
(vii) Posting.The director shall post a visible stop work order on thebuilding, structure, premises, or land
upon which is subject to the stop work order.
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Chapter 19.25
VEHICLE AND PUBLIC RIGHT OF WAY NUISANCES
Sections:
19.25.010 Vehicle Nuisance.
19.25.015 Public Right-of Way Nuisance.
19.25.010 Vehicle Nuisance.
(1)Placement of any inoperative, junk or wrecked vehicles, or secondhand vehicle parts on private
property, Jefferson County right-of-way, or other property controlled by Jefferson County is a nuisance,
as defined under JCC 19.10.015(36), except where storing an inoperative, junk or wrecked vehicle, or
secondhand vehicle part is a permitted use under Title18JCCand exempt under JCC 19.25.010(2).
(2)Exception for Inoperative, Junk or Wrecked Vehicles, or Secondhand Vehicle Parts Enclosed within a
Permitted Building or a Compliant Fence. Inoperative, junk or wrecked vehicles, or secondhand vehicle
parts shall be exempt from subsection (1) of this section when the property owner cleans up and properly
disposes of any visible contamination resulting from the storage of inoperative, junk or wrecked vehicles,
or secondhand vehicle parts and the inoperative, junk or wrecked vehicles, or secondhand vehicle parts
are:
(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, a licensed hulk hauler, a licensed scrap processor, a
licensed vehicle dealer, or a licensed vehicle wrecker; and,are enclosed 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 surroundingpremises
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 WashingtonState Patrol and the Washington State Department of Licensing that the
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vehicle has been wrecked. The county shall maintain a photographic record of all abated inoperative,
junk, or wrecked vehicles for a period of two years following abatement.
(4)A vehicle certified as an inoperative, 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 complianceand a notice of violation under JCC
19.20.010andJCC 19.20.015, the director may issue a notice of violation and order of abatement to the
person responsible. The notice and order directs the countyto abate the nuisance, usually by removing or
rectifying the vehicle nuisance.
(a)Under the following circumstances the director may issue a notice of abatement without having
attempted to secure voluntary complianceor compliance after a notice of violation, as provided in JCC
19.15.010and JCC 19.20.010:
(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 responsibleknew or reasonably should have known that the action was a civil code
violation; or,
(v)When the person responsiblecannot 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 19.20.015for vehicle nuisances
under this section must comply with subsections (7) and (8) of this section 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 located shall each be given
notice by certified mail that a public hearing may berequested 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 thetime, location and date of the
hearing on the question of abatement and removal of the inoperative, 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 inoperative, 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 inoperative, junk
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or wrecked vehicles, or secondhand vehicle parts on the land stating the reason for such denial. If the
owner of the property submits an affidavitor 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 determinedby the hearing
examiner that the inoperative, junk or wrecked vehicles, or secondhand vehicle parts were placed on the
land without consent of the land owner and that the land owner has not subsequently acquiesced in their
presence, then costs of administration or removal of the inoperative, junk, or wrecked vehicles or
secondhand vehicle parts shall not be assessed against the property upon which the inoperative, junk or
wrecked vehicles or secondhand vehicle parts are 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 19.30.010andJCC 19.30.020.
(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 or storage of inoperative, 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 JCC19.25.010(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 19.35.050(6)(d)when assessing
penalties and costs pursuant to JCC 19.30.010andJCC 19.30.020.
(9)Abatement and Removal Authorized. The county may remove any inoperative, junk or wrecked
vehicle, or secondhand vehicle part after complying with JCC 19.25.010 (7) and (8). The proceeds of any
such disposition shall be used to defray thecosts of abatement and removal of any such inoperative, junk
or wrecked vehicles, or secondhand vehicle parts, including costs of administration and enforcement.
(10) Limitations. Nothing in this section prohibits Jefferson County from enforcing other statutes,
regulations,or ordinancesfor civil code violationsinvolving junk vehicles independent of nuisance
actions.
19.25.015 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 RCW Title59, and not removed within 24 hours, is
apublic right-of-way nuisance, as defined under JCC19.10.015(44).
(2)When the director determines that a public right-of-way nuisance, as defined in JCC19.10.015(44),
has occurred or is occurring, notice of such removal after 24 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 JCC19.10.015(26), without
administrative appeal rights under JCC 19.40.015.
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Chapter 19.30
PENALTIES, COSTS, AND SETTLEMENTS
Sections:
19.30.010Monetary Penalties.
19.30.015Monetary Penalties Additions and Subtractions.
19.30.020Recovery of Costs.
19.30.025Settlement of Monetary Penalties and Costs.
19.30.030Enforcement Fund Authorized.
19.30.010Monetary Penalties.
(1)Any person, company, firm, corporation, or other legal entity who creates, maintains, or permits a
civil code violation, as defined under JCC 19.10.015(14), or a nuisance, as defined under JCC 19.10.015
(36), shall be subject to a monetary penalty. Each violation shallconstitute a separate civil violation for
each and every day or portion thereof during which such violation is committed, continued, or permitted.
The daily monetary penalties that may be assessed under this chapter are as follows:
Violation CategoryFirst ViolationSubsequent Violation
Abandoned Vesselor Derelict Vessel Nuisance$250$500
(JCC 19.10.015(2))
Building Nuisance$250$500
(JCC 19.10.015(10))
Burning Nuisance$100$250
(JCC 19.10.015(12))
Civil Code Violation$250$500
(JCC 19.10.015(14))
Public Right-of-Way Nuisance$100$250
(JCC 19.10.015(44) and JCC 19.25.015)
Salvage Nuisance$250$500
(JCC 19.10.015(50))
Vehicle Nuisance$250$500
(JCC 19.10.015(59) and JCC 19.25.010)
Violation of Stop Work Order$500$1,000
(JCC 19.20.0020)
All Other Violations$250$500
Multiple Violations –Maximum Daily $500$1,000
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(2)Monetary penalties assessed create a joint and several obligation in all persons responsible for the civil
code violation or nuisance. Such penalties are due and payable 30 calendar days from assessment. The
director may collect assessed penalties by any appropriate legal means. A lien for penalties may be
recorded if penalties remain unpaid, according to the provisions of this title. Alien for penalties shall run
with the subject land (if owned by the person responsiblefor the civil code violation or nuisance), and
shall accrue interest at six percent per annum from the date of recording the lien until paid in full.
(3) The monetary penalties above may be increased or decreased up to fifty (50) percent when authorized
by the director, consistent with JCC 19.30.015.
(4) A violation shall be considered ongoing and daily penalties continue to accrue up to the date that the
subject property has been brought into compliance with the statute, regulation, or ordinance, as
determined by the director, and as evidenced by a written certificate of correction in the form of a letter
issued by the director, consistent with JCC 19.10.065.
19.30.015Monetary Penalties Additions and Subtractions.
(1) The director may increase or decrease the monetary penalties by fifty (50) percent when the director
finds that the addition or subtraction is warranted and the finding is in writing with notice to the person
responsible.
(a) The director may increase the monetary penalties up to fifty (50) percent of the penalties authorized
under JCC 19.30.010when the civil code violation or nuisance:
(i) Creates an imminent life safety threat;
(ii) Constitutes a violation of Chapter 18.22JCC (Critical Areas) or Chapter 18.25JCC (Shoreline Master
Program), which has or will reasonably seriously impact the environment;
(iii) Constitutes a violation of Chapter 8.10JCC (Solid Waste Regulations) or Chapter 8.15JCC (On-Site
Sewage Code), which has or will reasonably seriously impact human health or the environment; or,
(iv) The person responsiblehad actual knowledge of the existing conditions which constituted a civil code
violation or nuisance and has failed to remedy the civil code violation or nuisance after two (2) or more
violations.
(2) The director may decrease the monetary penalties uptofifty (50) percent of the penalties authorized
under JCC 19.30.010when the civil code violation or nuisance:
(a) Is de minimis; or,
(b) The person responsiblewas unaware that the conditions constituted a civil code violation or nuisance
and has made reasonable attempts at correcting the civil code violation or nuisance.
(3) The penalty provisions of this section arein addition toor a subtraction from, and not in lieu of, the
penalty provisions of JCC19.30.010.
(4) The penalty additions or subtractions are discretionary and do not impose any requirement on
Jefferson County to grant a requested addition or subtraction.
(5) If the director authorizes additions or subtractions to the monetary penalties the director must make
written findings detailing the rationale for the additions or subtractions and provide those to the person
responsible.
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19.30.020Recovery of Costs.
(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, stop work order, or any other
decision shall be billed to the person responsibleor the owner, lessor, tenant, or any other person entitled
to control the property where the civil code violation or nuisance has occurred and shall become due and
payable to the county within 30 days of the date of mailing the billing.
(2)The following and costs that may be recovered:
(a) Civil Code Violations. Appeal costsfor appeals to the hearing examinerif the person responsibleor
aggrieved partydoes not substantially prevail, including but not limited to, personnel costs, both direct
and direct including attorney’s fees; actual expenses and costs of the county in preparing notices and
contracts; hearing examiner costs;and,the costs of any required printing and mailing.
(b) Nuisances and All Other Violations. Costs that may be recovered include, but are not limited to,
personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the
civil code violation or 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 19.10.025(3).The county shall have a lien for any monetary penalty imposed, the cost of any
proceedings under this title, 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 forlien 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 forlien 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.
19.30.025Settlement of Monetary Penalties and Costs.
(1)The director is authorized to settle claims for monetary penalties incurred under JCC19.30.010and
costs incurred under JCC19.30.020 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 responsibleresponded to notices and cooperated to correct the civil code violation
or nuisance;
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(b)Whether the person responsiblefailed to appear at the hearing;
(c)Whether the civil code violation or nuisance was a repeat violation;
(d)Whether the person responsibleshowed due diligence or substantial progress in correcting the civil
code violation or 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.
(3) The director shall not waive any assessed costs of code compliance or actual abatement costs incurred
by the county, including associated interest thereon. Actual abatement costs are funds spent by the county
to achieve physical abatement of the violation.
(4) Upon a determination that the violation has been corrected according to the terms of the voluntary
compliance agreement, the director shall record a certificate of correction together with an amended lien
that reflects a settlement agreement.
(5) Within thirty (30)days of full payment of any remaining penalties, costs, and associated interest, the
director shall record a lien satisfaction.
19.30.030Enforcement Fund Authorized
All monies collected from the assessment of civil penalties, abatement costs, or other costs recovered for
the work relating to civil code or nuisance enforcement shall be allocated to support expenditures for
enforcement and abatement and shall be accounted for through the creation of an account in the fundfor
civil code enforcement and abatement costs or other appropriate accounting mechanisms.
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Chapter 19.35
ADMINISTRATIVE AND HEARING EXAMINER APPEALSFOR CIVIL CODE
VIOLATIONS
Sections:
19.35.010 Applicability.
19.35.015Administrative Hearing.
19.35.020 Administrative Hearings Officer.
19.35.025Administrative Hearing Procedure.
19.35.030 Service of the Administrative Hearing Notice.
19.35.035 Administrative Hearing Orders.
19.35.040Administrative Hearing –Duty of the Administrative Hearings Officer.
19.35.045Hearing Examiner Appeal.
19.35.050 Hearing Examiner Appeal Procedure.
19.35.055Final Decisions.
19.35.010Applicability.
This chapter shall apply to all appeals for civil code violations as defined underJCC 19.10.015(14). This
chapter shall not apply to appeals involving nuisancesas defined under JCC 19.10.015(36). Nuisance
must be appealed under Chapter 19.40JCC.
19.35.015Administrative Hearing.
Aperson responsibleor aggrieved personmayappeala notice of violation, stop work order, notice of
noncompliance,denial of a permit, suspension of a permit, revocation of a permit,or certificate of
correctionto an administrative hearing within 15 days of the decision being mailed. The administrative
hearing will be conducted by the health officer or a disinterested director, or their designee.
19.35.020Administrative HearingsOfficer.
(1) The health officer or disinterested director, or their designeeshallbe the administrative hearings
officer andconduct a hearing pursuant to the Compliance Codeand Rules of Procedure, as adopted by the
board of county commissioners and board of health.The administrative hearing shall be informal.
(2) For civil codeviolationslisted under JCC 8.01.030orstate statutes and regulations which authorize
enforcement by a local board of health, enforcement of which is not otherwise covered by the Jefferson
County Code,the Health Officer or their designee shall conduct and adjudicate the administrative hearing.
(3) For all other civil code violations not involving the violations in 19.35.015, a disinterested directoror
their designee shall conduct and adjudicate the administrative hearing.
19.35.025 Administrative Hearing Procedure.
(1)Aperson responsibleor aggrieved person may begin the appeal a civil code violation by filing a notice
of appeal withthedepartment issuing the civil code violation. The notice of appeal shall request an appeal
hearing and specify the grounds for the appeal, including the alleged errors.
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(2) There shall be no filing fee for an administrative hearing, nor shall any cost associated with the
administrative hearing be assigned to the person responsibleor aggrieved person, regardless of the
outcome of the hearing. Thissubsectiondoes not limit the authority of the administrative hearings officer
to affirm or assign monetary penalties or costs associated with the code compliance case, excluding the
cost of conducting the administrative hearing.
(3) The administrative hearing shall be conducted within forty-five (45) days of the request for the
administrativehearing, unless the person responsibleagrees to an extension.
(4) Administrative hearings shallbe informal. The administrative hearing shalloccur in accordance with
this title and shall be conducted in accordance with the Compliance Codeand Rules of Procedure. The
County shall have the burden of proving, by a preponderance of the evidence thata violation has
occurred. Formal rules of evidence shall not apply to administrative hearings.
(5) Staff shall develop a departmental report outlining the alleged violation, history of compliance efforts,
and any other evidence necessary to demonstrate the civil violationoccurred.
(6) The administrative hearing shall be conducted on the record and shall allow for testimony from county
staff,person responsibleand any witnessescalled by the countystaff or person responsible.The countyor
the person responsiblemay submit evidence for consideration by the administrative hearing officer.
Administrative hearings shall not allow public testimony, written or oral.
(7)Final Agency Decision.
(a)At the conclusion of the administrative hearing, the administrative hearings officershall either: (i)
affirm the director’s decision; (ii) dismiss the director’s decision; or,(iii) modify the director’s decision.
(b)The administrative hearings officer shall make findings and conclusions of law sufficient to permit
further review.
(c) A copy of the administrative hearings office decisionshall be mailed to theperson responsibleand the
county, and if the person responsibleis a tenant to the owner of the property where the violation is
occurring.
(d)Monetary Penalties. The administrative hearings officermay assess monetary penalties in accordance
with JCC19.30.010 and JCC 19.35.025(8)(c).
(i)The administrative hearings officerhas the following options in assessing monetary penalties:
(A)Assess monetary penalties as outlined in the director’s decision;
(B)Assess monetary penalties beginning on the correction date set by the director or an alternate
correction date set by the administrative hearings officer;
(C)Assess less than the established monetary penalty set forth in JCC19.30.010, based on the criteria of
subsection (4)(d) of this section; or,
(D)Assess no monetary penalties.
(E)In determining the monetary penalty assessment, the administrative hearings officershall consider the
following factors:
(1)Whether the person responsibleresponded to notices and cooperated to correct the civil code
violation;
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(2)Whether the person responsiblefailed to appear at the hearing;
(3)Whether the civil code violationwas a repeat violation;
(4)Whether the person responsibleshowed due diligence or substantial progress in correcting the civil
code violation; and,
(5)Any other relevant factors.
(e)If a notice of noncompliance with a voluntary compliance agreement, notice of violation, stop work
order, or a notice of violation, or any other decision is not timely appealed within 15 days of mailing the
decision, then the director’s decisionshall be afinal decision.
(8)Failure to Appear. If the person responsiblefails to appear at the scheduled hearing or present a
written statement in time for consideration at the hearing, the administrative hearings officershallenter an
order of default with findings and assess the appropriate monetary penalty pursuant to JCC19.30.010.
The county may enforce the administrative hearings officer’s decisionand recover all related expenses. A
copy of the orderof default shall be mailed to the person responsibleand against whom the default order
was entered, to the county, and, if the person responsibleis a tenant, to the landlord or owner of the
property where the civil code violationis occurring.
(9) Appeal to Hearing Examiner. A final decision by the administrative hearings officer may be appealed
to the Jefferson County Hearings Examiner within fifteen (15)days of mailing the administrative hearings
officer’s decision. If the decision of the administrative hearings officer is not appealed to the hearing
examiner within fifteen (15) days then the decision of the administrative hearings officer shall become a
final agency decision and order.
19.35.030 Service of the Administrative Hearing Notice.
(1) The notice of the administrative hearing shall contain the date, time, and location of the administrative
hearing, a copy of the civil code violation, and the name and telephone number of the director.
(2) The notice of the administrative hearing shall be served on theperson responsiblefor the civil code
violationsand, if applicable, the landowner of the subject property by personal service or by mailing a
copy of the same to the last known address of each party.
(3) The person effectuating or achieving the service shall declare in writing the date and address the
personal service or mailing was made. Service by mail shall be deemed effective upon the third business
day following the day of mailing.
19.35.035Administrative Hearing Decisions.
In the event the administrative hearings officerdetermines that a civil code violation occurred or is
occurring, the administrative hearings officershall issue an order to the person responsiblefor the civil
code violation or nuisancewhich contains the following information:
(1) The decision regarding the civil code violationor nuisance, including findings of fact and conclusions
of law based on those findings in support of the decision;
(2) The monetary penalties and costs of enforcement, which will become a personal debt of the person
responsible;
(3) A statement informing the person responsiblefor the civil code violation that entry of this decision
does not relieve that person of the obligation to cure, remove or remedy the civil code violation; and,
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(4) How the decision may be appealed.
19.35.040Administrative Hearing –Duty of the Administrative Hearings Officer.
The administrative hearings officershall issue adecision within fifteen (15)days of the administrative
hearing, unless the administrative hearings officerdetermines that more time is necessary. The decision
shall be mailed by first class or hand-delivered to the person responsibleandthe code compliance
coordinator.
19.35.045Hearing Examiner Appeal.
Theperson responsibleor an aggrieved person may appeal the decision of the administrative hearings
officer, as authorized in JCC 19.35.020to the Jefferson County Hearing Examiner within 15 days of
mailing the administrative hearing’s officerdecision. A $250filing fee is required to file an appeal with
the hearing examiner. An appeal to hearing examiner must be filed with the Office of the Hearing
Examiner.
19.35.050Hearing Examiner AppealProcedure.
(1) Procedure.
(a) Theperson responsibleor an aggrieved person may appeal the decision of the administrative hearings
officer by filing a notice of appeal with the Office of the Hearing Examiner and paying the $500 filing fee
within 15 days of mailing the administrative hearings officer’s decision.
(b) The notice of appeal shall contain:(1) full name; (2) mailing address; (3) e-mail address (if available);
(4) file number, license number, or other identifying number; (5) a concise statement of the factual and
legal basis for the appeal citing specifically the alleged errors in the administrative official’s decision;
and,(6) the specific relief sought.
(2) The hearing examiner appealshall be conducted within sixty (60) days of the notice of appeal, unless
the person responsibleagrees to an extension.
(3)The hearing examiner appeal shall occur in accordance with this title and shall be conducted in
accordance with the Chapter 2.30 JCC(Hearing Examiner)and Hearing Examiner Rules of Procedure.
The County shall have the burden of proving, by a preponderance of the evidence thata violation has
occurred. Formal rules of evidence shall not apply to administrative hearings.
(4) Staff shall develop a departmental report outlining the alleged violation, history of compliance efforts,
and any other evidence necessary to demonstrate the civil violation occurred.
(5) The administrative hearing shall be conducted on the record and shall allow for testimony from county
staff or the person responsibleand any witnesses called by the county or the person responsible. The
county or the person responsiblemay submit evidence for consideration by the examiner.Hearing
examiner appealsshall not allow public testimony, written or oral.
(6)Final Agency Decision.
(a)At the conclusion of the hearing, the examiner shall either: (i) affirm the administrative hearings
officer’s decision; (ii) dismiss the administrative hearings officer’s decision; or,(iii) modify the
administrative hearings officer’s decision.
(b)The examiner shall make findings and conclusions of law sufficient to permit further review,
consistent with Chapter 2.30 JCCand the Hearing Examiner Rules of Procedure.
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(c) A copy of the examiner’s decision shall be mailedto the person responsible,the county, and if the
person responsibleis a tenant to the owner of the property where the violation is occurring.
(d)Monetary Penalties. The examiner may assess monetary penalties in accordance with JCC19.30.010.
(i)The examiner has the following options in assessing monetary penalties:
(A)Assess monetary penalties as outlined in the decision;
(B)Assess monetary penalties beginning on the correction date set by the director, administrative
hearings office, or an alternate correction date set by the examiner;
(C)Assess less than the established monetary penalty set forth in JCC19.30.010, based on the criteria of
subsection (4)(d) of this section; or,
(D)Assess no monetary penalties.
(d)In determining the monetary penalty assessment, the examinershall consider the following factors:
(i)Whether the person responsibleresponded to notices and cooperated to correct the civil code violation;
(ii)Whether the person responsiblefailed to appear at the hearing;
(iii)Whether the civil code violation was a repeat violation;
(iv)Whether the person responsibleshowed due diligence or substantial progress in correcting the civil
code violation; and,
(v)Any other relevant factors.
(7)Failure to Appear. If the person responsiblefails to appear at the scheduled hearingexaminer appeal
or present a written statement in time for consideration at the hearing, the examinershallenter an order of
default with findings and assess the appropriate monetary penalty pursuant to JCC 19.30.010. The county
may enforcethe examiner’sdecisionand recover all related expenses, including attorney feesand staff
time, plus the costs of the hearing and any monetary penalty from the person responsiblepursuant to JCC
19.30.020. A copy of the order of default shall be mailed to the person responsibleand against whom the
default order was entered, to the county, and, if the person responsibleis a tenant, to the landlord or
owner of the property where the civil code violationis occurring.
(8) Costs. If the person responsiblesubstantially prevails at the hearingexaminer appealwith the
examiner dismissing the administrative hearings officer’s decision or substantially modifying the
administrative hearings officer’s decision, then the hearing examiner filing fee shall be refunded and no
costsfor the hearing examiner appealshall be assigned to the person responsible. If the person
responsibledoes not substantially prevail at the hearing, the examiner may assign all hearing and related
costs to the person responsibleincludingattorney’sfees and staff time.This subsection does not limit the
authority of the examiner to affirm or assign monetary penalties or costs associated with the code
compliance case.
(9) 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.
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19.35.055Final Decisions.
(1) If a notice of noncompliance with a voluntary compliance agreement, notice of violation, stop work
order, or a notice of violation, or any other decision is not timely appealed within fifteen (15)days of
mailing the decision, then the director’s decision shall be a final decision.
(2) If the decision of the administrative hearings officer is not appealed to the hearing examiner within
fifteen (15) days of mailing the decision then the decision of the administrative hearings officer shall
become a final agency decision and order.
(3) A final decision by the hearing examiner shall be final and conclusive, unless proceedings for review
of the decision are properly commenced insuperior 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.
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Chapter 19.40
HEARING EXAMINER APPEALS FOR NUISANCES
Sections:
19.40.010 Applicability.
19.40.015Hearing Examiner Appeal.
19.40.020 Hearing Examiner Appeal Procedure.
19.40.025 Final Decision.
19.40.010Applicability.
This chapter shall apply to all appeals for nuisances as defined in JCC 19.10.015(36), except for vehicle
nuisances and public right-of-way nuisances which if applicable may be appealed under Chapter 19.25
JCC. This chapter shall not apply to appeals involving civil code violationsas defined in JCC
19.10.015(14).
19.40.015Hearing Examiner Appeal.
Theperson responsibleor an aggrieved person may appeal a nuisance notice of violation, stop work
order, noticeof noncompliance, notice of violation and order of abatement, or certificate of correction to
an administrative hearing within 15 days of mailing the decision. The appeal will be conducted by the
Jefferson County Hearing Examiner pursuant to the Chapter 2.30 JCC(Hearing Examiner Code) and
Hearing Examiner Rules of Procedure.
19.40.020Hearing Examiner Appeal Procedure.
(1)Theperson responsibleor an aggrieved person may appeal a nuisance 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 notice of violation
and order of abatement for vehicle nuisances under JCC 19.25.010shall not be appealed under this
section.
(2)Procedure. The hearing examiner shall conduct a hearing pursuant to the Chapter 2.30 JCC(Hearing
Examiner Code) and Hearing Examiner Rules of Procedure.
(3)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 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 responsibleis 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
19.30.020.
(i)The hearing examiner has the following options in assessing monetary penalties:
(A)Assess monetary penalties beginning on the date the notice was issued;
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(B)Assess monetary penalties beginning on the correctiondate set by the director or an alternate
correction date set by the hearing examiner;
(C)Assess less than the established monetary penalty set forth in JCC 19.30.020, based on the criteria of
subsection (3)(d)of this section; or,
(D)Assess no monetary penalties.
(d)In determining the monetary penalty assessment, the hearing examiner shall consider the following
factors:
(i)Whether the person responsibleresponded to notices and cooperated to correct the nuisance;
(ii)Whether the person responsiblefailed to appear at the hearing;
(iii)Whether the nuisance was a repeat violation;
(iv)Whether the person responsibleshowed 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 subsection (3)(d)ofthis section.
(f)The hearing examiner willaward cost recovery for all related nuisance orabatement expenses,
including attorney fees, the costs of the hearing, and all other costs pursuant to JCC 19.30.020, 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 is not timely appealed within 15 days of mailing the
decision, then this shall be a final decision.
(4)Failure to Appear. If the person responsiblefails to appear at the scheduled hearing or present a
written statement in time for consideration at the hearing, the hearing examiner shallenter an order of
default with findings and assess the appropriate monetary penalty pursuant to JCC 19.30.010. 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 theperson responsiblepursuant to JCC 19.30.20.
A copy of the order of default shall be mailed to the person responsibleand against whom the default
order was entered, to the county, and, if the person responsibleis a tenant, to the landlord or owner of the
property where the nuisance is occurring.
(5)Time Period for Correction. If a decisionis 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 19.10.025,19.30.010,and 19.30.020.Correcting the nuisance(s) within this time period does not
excusepayment of any penalties or costs under this section.
19.40.025 Final Decision.
(1)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 is not timely appealed within 15 days of mailing the
decision, then this shall be a final decision.
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(2)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.
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Chapter 8.01 ENVIRONMENTAL HEALTH CIVIL
ENFORCEMENT
DRAFT 10/06/2020
APPENDIX B –UPDATES TO OTHER CODES
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Chapter 8.01 ENVIRONMENTAL HEALTH CIVIL
ENFORCEMENT
DRAFT 10/06/2020
TITLE 8 –PROPOSED UPDATES
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Chapter 8.01 ENVIRONMENTAL HEALTH CIVIL
ENFORCEMENT
DRAFT 10/06/2020
Chapter 8.01
ENVIRONMENTAL HEALTH CIVIL ENFORCEMENT
Sections:
8.01.010 Purpose.
8.01.020 Authority.
8.01.030 Applicability.
8.01.040 Conflict.
8.01.050 Designation of civil infractionviolations.
8.01.060 Processing and adjudicating civil infractions.Nuisance Declaration.
8.01.070 Enforcement officers.
8.01.010Purpose.
It is the express purpose of this chapter 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 chapter.
It is the specific purpose of this chapter 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 chapter and its
terms and provisions does not impose any duty upon the Jefferson County public health department or any of its
officers or employees unless a duty is imposed on such officers or employees by the express terms of this chapter.
Implementation or enforcement of this chapter by county officers or employees shall be discretionary and not
mandatory.
8.01.020Authority.
This chapter is promulgated under the police power granted tothe Jefferson County board of health, including, but
not limited to, authority granted to them by Chapters 7.48, 7.80 and 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.
8.01.030Applicability.
Provisions of this chapter 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 RCWWater Recreation Facilities
Chapter 70.95 RCWSolid Waste Management
Chapter 246-203 WACGeneral Sanitation
Chapter 246-215 WACFood Service
Chapter 246-260 WACWater Recreation Facilities
Chapter 246-261 WACRecreational Water Contact
Facilities
Chapter 246-272 WACOn-Site Sewage Systems
Chapter 246-290 WACPublic Water Supplies
Chapter 266-291 WACGroup B Public Water
Systems
Chapter 173-304 WACMinimum Functional
Standards for Solid Waste
Chapter 173-308 WACBiosolids Management
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ENFORCEMENT
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Chapter 8.05 JCCFood Service Sanitation
Chapter 8.10 JCCSolid Waste Regulations
Chapter 8.15 JCCOn-Site Sewage Code
\[Ord. 6-15 § 3\]
Additional enforcement authority may be found in each statute, regulation, or ordinance, listed
above.
8.01.040Conflict.
In case of a conflict between this chapter and the chapters of the county code relating to food service sanitation,
solid waste and/or on-site sewage, as currently enacted or as may in the future be amended or recodified, the text of
those three chapters shall control except that the local health officer shall have discretion to interpret and implement
any county code sections enforced by public health (or its successor agency or division) which are at variance with
one another in a manner that best protects and furthers public health.
8.01.050Designation of civil infractionsviolations
Any violation of the laws, regulations and ordinances specified in JCC 8.01.030 (including any future amendments
to those statutes, regulations and ordinances) shall constitute a civil infraction.
Each 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 chapter 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. \[Ord. 6-15 § 5\]
(1) Any violation of the laws, regulations and ordinances specifiedin JCC 8.01.030, including any future
amendments, shall constitute a civil code violation under JCC 19.10.015(14).
(2) The enforcement provisions codified in Title19 JCC, Code Compliance, as currently enacted or as hereafter
amended, shall apply to any alleged or found violation of the laws, regulations and ordinances specified in JCC
8.01.030, including any future amendments.
8.01.060Processing and adjudicating civil infractions.Nuisance declaration
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 chapter if this
chapter 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 chapter, 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 chapter 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 chapter.
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Nothing in this chapter shall prevent the judge hearing these civil infraction matters from reducing or mitigating the
monetary fines that would otherwise be imposed. \[Ord. 6-15 § 6\]
(1) Pursuant to RCW70.05.060(5), the board of healthfor Jefferson County declares that all nuisances defined in
JCC19.10.015(37)and all violations of this chapter are hereby determined to be detrimental to public health and
safety and are hereby declared public nuisances.
(2) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as hereafter
amended, shall apply to any alleged or found nuisance, as defined in JCC 19.10.015(37).
8.01.070Enforcement officers.
The board of health, or its designated health officer, may authorize the Jefferson county health department director
or their designee(s)one or more personsto serve as an “enforcement officer,” duly authorized to enforce this chapter
as enforced under Title 19 JCC.
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Chapter 8.05 FOOD SERVICE SANITATION
DRAFT 10/06/2020
Chapter 8.05
1
FOOD SERVICE SANITATION
Sections:
8.05.010 Purpose.
8.05.020 Regulations adopted.
8.05.030 Hearings.
8.05.040 Fees.
8.05.050 Severability.
8.05.060 Effective date.
8.05.010Purpose.
The purpose of this chapter is to establish local board of health standards for food safety to supplement Chapter 246-
215 WAC, to promote and protect the health, safety, and well-being of the public and prevent the spread of disease
through food. \[Ord. 6-05\]
8.05.020Regulations adopted.
The Rules and Regulations of the Washington State Board of Health for Food Service Sanitation, Chapter 246-215
WAC, is hereby adopted by reference as the rules and regulations governing food service sanitation in Jefferson
County, and including subsequent revisions thereto. \[Ord. 6-05\]
8.05.030Hearings.
(1) Request for a Hearing Following Notice of Suspension of a Food Establishment Permit. Any permit holder who
has received a notice of suspension of a food establishment permit may request a hearing by filing a written request
for a hearing within 10 days of receipt of the notice of suspension. The health officer will hear such appeals. The
health officer’s decision regarding an order prohibiting use may be appealed to the board of health. Any action to
review the health officer’s decision must be filed within 30 days of the date of the decision.
(a) Administrative Hearing. Any person aggrieved by an order suspending a food establishment permit may
request, in writing, a hearing before the health officer or his or her designee. The appellant shall submit specific
statements, in writing, of the reason why error is assigned to the health officer’s decision. Such request shall be
presented to the health officer within 10 days ofthe action appealed. Upon receipt of such request, together
with any applicable hearing fees, the health officer shall notify the person in writing of the time, date, and place
of such hearing, which shall be set at a mutually acceptable time not more than 30 days from the date the
request was received. The health officer will issue a decision affirming, reversing, or modifying the order
prohibiting use. The health officer may require additional actions as part of the decision.
(b) Hearing Procedures. Hearings shall be open to the public and presided over by the health officer. Such
hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing,
and a statement of the cause for the hearing. The health officer shall then swear in all potential witnesses. The
case shall be presented in the order directed by the health officer. The appellant may present rebuttal. The
health officer may question either party. The health officer may allow for a closing statement or summation.
General rights include:
(i) To be represented by an attorney;
(ii) To present witnesses;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds.
In the conduct of the proceeding, the health officer may consider any evidence, including hearsay evidence that
a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it
is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the
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Chapter 8.05 FOOD SERVICE SANITATION
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courts of this state. The health officer shall decide rulings on the admissibility of evidence, and the Washington
rules of evidence shall serve as guidelines for those rulings.
Inasmuch as any appeal to the board of health from a health officer decision is a review on the record, the
health officer shall ensure that the record generated contains testimonial and documentary evidence supporting
the health officer’s issuance of the order prohibiting use.
The health officer may continue the hearingto another mutually acceptable date to allow for additional
submission of information or to allow for additional consideration. Prior to closing of the hearing, the health
officer shall issue its oral ruling unless the health officer determines that the matter should be taken under
advisement. Written findings of fact, conclusions of law, and orders shall be served on the appellant within 14
days of the oral ruling. If the matter is taken under advisement, written findings, conclusions, and orders shall
bemailed to the appellant within 21 days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the order suspending the food establishment
permit by a preponderance of the evidence.
(c) Appeals. Any decision of the health officer shall be final and may be reviewable by an appeal filed with the
board of health through the health officer. Any action to review the health officer’s decision must be filed
within 30 days of the date of the decision.
(2) Request for Hearing Following Notice of Revocation of a Food Establishment Permit.
(a) Administrative Hearing. Any permit holder in receipt of a notice of revocation of a food establishment
permit may request, in writing, a hearing before the health officer or his or her designee. The appellant shall
submit specific statements in writing of the reason why error is assigned to the decision of the health officer.
Such request shall be presented to the health officer within 10 days of the action appealed. Upon receipt of such
request, together with any applicable hearing fees, the health officer shall notify the person in writing of the
time, date, and place of such hearing, which shall be set at a mutually acceptable time not more than 30 days
from the date the request was received.The health officer will issue a decision affirming, reversing, or
modifying the revocation order. The health officer may require additional actions as part of the decision.
(b) Hearing Procedures. Hearings shall be open to the public and presided over by the health officer. Such
hearings shall be recorded. Hearings shall be opened with a recording of the time, date and place of the hearing,
and a statement of the cause for the hearing. The health officer shall then swear in all potential witnesses. The
case shall be presented in the order directed by the health officer. The appellant may present rebuttal. The
health officer may ask questions. The health officer may allow the opportunity for a closing statement or
summation. General rights include:
(i) To berepresented by an attorney;
(ii) To present witnesses;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds.
In the conduct of the proceeding, the health officer may consider any evidence, including hearsay evidence that
a reasonably prudent person would rely upon in the conduct of his or her affairs. Evidence is not admissible if it
is excludable on constitutional or statutory grounds or on the basis of evidentiary privilege recognized in the
courts of this state. The health officer shall decide rulings on the admissibility of evidence, and the Washington
rules of evidence shall serve as guidelines for those rulings.
Inasmuch as any appeal to the board of health from a health officer decision is a review on the record, the
health officer shall ensure that the record generated contains testimonial and documentary evidence supporting
the health officer’s order revokingthe food establishment permit.
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The health officer may continue the hearing to another mutually acceptable date to allow for additional
submission of information or to allow for additional consideration. Prior to closing of the hearing, the health
officer shall issue its oral ruling unless the health officer determines that the matter should be taken under
advisement. Written findings of fact, conclusions of law and orders shall be served on the appellant within 14
days of the oral ruling. If the matter is taken under advisement, written findings, conclusions and orders shall be
mailed to the appellant within 21 days of the close of the hearing.
The appellant shall bear the burden of proof and may overcome the permit revocation order by a preponderance
of the evidence.
(c) Appeals. Any decision of the health officer shall be final and may be reviewable by an appeal filed with the
board of health through the health officer. Any action to review the health officer’s decision must be filed
within 30 days of thedate of the decision.
(d) Appeal of Health Officer’s Decision to Board of Health.
(i) Any person aggrieved by the findings, conclusions or orders of any administrative hearing conducted
by the health officer 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 30 days of the
health officer’s decision. The appellant shall submit specific statements in writing of the reason why error
is assigned to the decision of the health officer.
(ii) The suspension or revocation of food establishment permits by the health officer shall remain in effect
during the appeal process. Any person affected by the suspension may make a written request for a stay of
the decision to the health officer within five business days of the health officer’s decision. The health
officer will grant or deny the request within five business days.
(iii) Upon receipt of a timely written notice of appeal, 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 15 days or more than 30 days from the date
the appeal was received by the health officer unless mutually agreed to by the appellant and health officer.
(iv) Board of health hearings shall be open to the public and presided over by the chair of the board of
health. Such hearings shall be recorded. Board of health hearings shall be opened with a recording of the
time, date and place of the hearing, and a statement of the cause for the hearing. The hearing shall be
limited to argument of the parties and no additional evidence shall be taken unless, in the judgment of the
chair, such evidence could not have reasonably been obtained through the exercise of due diligence in time
for the hearing before the health officer. Argument shall be limited to the record generated before the
health officer unless the chair admits additional evidence hereunder.
(v) Any decision of the board of health shall be final and may be reviewable by an action filed in superior
court. Any action to review the board’s decision must be filed within 30 days of the date of the decision.
\[Ord. 6-05\]
8.05.040Fees.
The board of health shall establish fee schedules for issuing or renewing licenses or permits or for such other
services as are authorized by the law and the rules of the State Board of Health and necessary for the enforcementof
this regulation; provided, that such fees for services shall not exceed the actual cost of providing any such services
2
\[Ord. 6-05\]
(RCW 70.05.060(7)).
8.05.050Severability.
Should any part of this chapter be declared unconstitutional or invalid for any reason, such declaration shall not
affect the validity of the remainder. \[Ord. 6-05\]
8.05.060Effective date.
The effective date of the ordinance codified in this chapter shall be May 19, 2005. \[Ord. 6-05\]
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1
Prior legislation: Ord. 2-77.
2
Fee schedules are located in the appendix to the Jefferson County Code.
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Chapter 8.10 SOLID WASTE REGULATIONS
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Chapter 8.10
1
SOLID WASTE REGULATIONS
Sections:
8.10.010 Authority and purpose.
8.10.015 Adoption by reference.
8.10.020 Applicability.
8.10.021 Determination of solid waste.
8.10.025 Owner responsibilities for solid waste.
8.10.030 Effective dates.
8.10.040 Performance standards.
8.10.100 Definitions.
8.10.200 Beneficial use permit exemptions.
8.10.210 Recycling and material recovery facilities.
8.10.220 Composting facilities.
8.10.225 Other organic handling.
8.10.230 Land application.
8.10.240 Energy recovery and incineration.
8.10.250 Anaerobic digesters.
8.10.300 On-site storage, collection, and transportation standards.
8.10.305 Solid waste handling standards for specific waste stream.
8.10.310 Transfer stationsand drop box facilities.
8.10.320 Piles used for storage or treatment.
8.10.330 Surface impoundments and tanks.
8.10.350 Waste tire storage.
8.10.355 Waste tire transportation.
8.10.360 Moderate risk waste handling.
8.10.400 Limited purpose landfills.
8.10.410 Inert waste landfills.
8.10.450 Municipal solid waste landfills.
8.10.460 Construction and notification standards near landfills.
8.10.490 Other methods of solid waste handling.
8.10.500 Groundwater monitoring.
8.10.600 Financial assurance requirements.
8.10.700 Permits and local ordinances.
8.10.710 Permit application and issuance.
8.10.715 General permit application requirements.
8.10.900 Remedial action.
8.10.950 Enforcement and enforcement alternatives.
8.10.960 Violations, remedies and penalties.
8.10.970 Appeals and appellate rules.
8.10.980 Variances.
8.10.990 Severability.
Appendix A References
8.10.010Authority and purpose.
(1) These solid waste rules and regulations are promulgated to implement the requirements of Chapter 70.95 RCW
and Chapters 173-304, 173-350 and 17-351 WAC in order to protect the public health and the environment, and
promote the safety and welfare of the citizens of Jefferson County. All referencesto these RCWs and WACs, and all
other RCWs, WACs, and other federal, state, and local regulations, refer to the cited chapters and paragraphs, as
amended. The rules and regulations herein govern the handling, storage, collection, transportation, treatment,
utilization, processing and final disposal of all solid waste within Jefferson County, including the issuance of
permits and enforcement.
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(2) 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 recognized Native American nations
and tribes.
(3) It is expressly the purpose of this chapter 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.
(4) It is the specific intent of these rules and regulations to place the obligation of complying with their requirements
upon waste generators, haulers, and/or operators of solid waste handling sites, and no provision of, nor term used in,
these rules and regulations is intended to impose any duty whatsoever upon the county, the board of health or any of
its officers or employees, for whom the implementation or enforcement of these rules and regulations shall be
discretionary and not mandatory.
(5) 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 the county, the board of 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 the county or the board of public health. \[Ord. 6-19\]
8.10.015Adoption by reference.
Pursuant to and by the authority of Chapter 70.95 RCW, Jefferson County public health hereby adopts Chapter 173-
350 WAC (Solid Waste Handling Standards). As provided for by RCW 70.95.160, the board of health makes the
following amendments to Chapter 173-350 WAC in order to make this chapter more stringent, as authorized by
RCW 70.95.160 and WAC 173-350-700(2). To the extent that any state statute or regulation listed in this section is
amended or revised subsequent to the adoption of this chapter, that amendment or revision is deemed incorporated
into this chapter upon its effective date and is applicable to any activity regulated by this chapter. \[Ord. 6-19\]
8.10.020Applicability.
WAC 173-350-020, Applicability, is adopted by reference except that subparagraph (2)(f) is hereby repealed in
order to make this chapter more stringent, as authorized by RCW 70.95.160 and WAC 173-350-700(2). Single-
family residences and single-family farmsdisposing of their own solid wastes on their own property shall be subject
to these regulations. \[Ord. 6-19\]
8.10.021Determination of solid waste.
WAC 173-350-021, Determination of solid waste, is adopted by reference. \[Ord. 6-19\]
8.10.025Owner responsibilities for solid waste.
WAC 173-350-025, Owner responsibilities for solid waste, is revised as follows:
1) General.
The owner, operator, or occupant of any premise, business, establishment, or industry shall be
responsible for the satisfactory and legal arrangement for the solid waste handling of all solid
waste generated or accumulated by them on the property. An owner is not relieved of the
duties and obligations imposed by this Chapter because the owner has leased the property or
premises to another orpermitted others to occupy the premises or operate there.
2) Removal.
It shall be the responsibility of the owner, operator or occupant of any premise, business,
establishment or industry to remove solid waste from the premises where it was generated to a
permitted solid waste handling facility at a frequency that does not create a nuisance or litter
problem, or at a frequency otherwise approved by the Health Officer. The Health Officer may
require any person who does not store, remove, transport, or dispose of solid waste consistent
with these regulations, or who stores solid waste so as to create a nuisance or litter problem, to
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remove solid waste from the premises where it was generated, or collected, by that person to a
permitted solid waste handling facility no less frequently than once per week.
3) Disposal.
a) Generally. It shall be the responsibility of the owner, operator or occupant of any premise,
business, establishment or industry to dispose of all solid wastes at an appropriate solid waste
handling facility permitted to receive such waste, or in a manner consistent with these
regulations as approved by the Health Officer. Should a situation arise where disposal of solid
waste is not covered under these regulations, the Health Officer shall determine acceptability
of a method of disposal for the solid waste on a case-by-case basis.
b) Unlawful Dumping. It shall be unlawful for any person to dump, deposit, bury, or allow the
dumping, depositing or burying of any solid waste onto or under the surface of the ground or
into the waters of this state, except at a solid waste disposal site for which there is a valid
permit. Unlawful dumping shall include unauthorized deposition of solid waste into a
container that is owned or leased by another person.
c) Name Appearing on Waste Material and Presumption. Whenever solid waste dumped in
violation of this regulation contains three (3) or more items bearing the name of one
individual, there shall be a presumption that the individual whose name appears on such items
committed the unlawful act of dumping.
d) Identification Presumed. When the Health Officer investigates a case of unlawful dumping
and finds identification in the solid waste as described in Section 025(3)(c), or other evidence,
the Health Officer maythen order the person who committed the unlawful dumping to
remove and dispose of said solid waste according to these regulations. Following the disposal
of said solid waste, the Health Officer may order this person to present to the Health Officer a
receipt from the permitted disposal facility as proof of appropriate disposal.
e) Lack of Identification. When the Health Officer investigates a case of unlawful dumping
and finds no identification in the solid waste, nor evidence, the Health Officer may then order
the property owner to remove said solid waste from the land, and have the solid waste
disposed of according to these regulations. Where this occurs on private land, the property
owner or occupant shall be responsible for removal and disposal. Where this occurs on public
land, the appropriate governmental agency shall be responsible for removal and disposal.
f) Burning Prohibited. It shall be unlawful for any person to burn solid waste including
garbage or rubbish unless these materials are burned in an appropriate permitted energy
recovery or incinerator facility. The burning of land clearing debris and the residential
burning of natural vegetative matter is regulated under Chapter 173-425 WAC (Outdoor
Burning).
g) Disposal Service Required. When a person does not dispose of solid wastes in a manner
consistent with these regulations, the Health Officer may order said person to obtain ongoing
and regularly scheduled solid waste collection service if said person does not already have
this service and if asolid waste collection service exists or is offered in the geographic area
where the person resides. Said service shall be from a solid waste collection service holding a
Solid Waste Handling Permit issued by Jefferson County Public Health and necessary
certificates issued by the Washington Utilities and Transportation Commission. If said person
does not have this service and resides in a geographic area where a single solid waste
collection service operates exclusively under covenant or ordinance as required by local
government, and said service is mandatory for persons residing within the jurisdiction of the
local government, the Health Officer may schedule ongoing regularly scheduled service for
said person with this solid waste collection service. If service is cancelled through
nonpayment, it will be deemed a violation of this section.
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h) Disposal Receipts Required. Any person in violation of this section to whom a notice and
order to correct violation has been issued is required to produce receipts from a permitted
solid waste disposal, recycling and/or reclamation facility or solid waste transporter to
demonstrate compliance with the notice and order to correct violation issued by the Health
Officer or designee.
\[Ord. 6-19\]
8.10.030Effective dates.
WAC 173-350-030, Effective dates, is hereby adopted by reference. \[Ord. 6-19\]
8.10.040Performance standards.
WAC 173-350-040, Performance standards, is hereby adopted by reference. \[Ord. 6-19\]
8.10.100Definitions.
Terms used in this regulation shall have the meanings provided in WAC 173-304-100, 173-350-100 and 173-351-
100, hereby adopted in their entirety by reference, except as revised or altered by the definitions provided below.
Abandoned Landfills: Those sites not closed in accordance with all applicable regulatory
requirements in place at the time that waste handling/disposal activities ceased.
Abate: Repair, replace, remove, destroy, or otherwise remedy a condition(s) which constitutes
a nuisance or a violation of these regulations by such means, in a manner, and to such an
extent as the Health Officer determines is necessary in the interests of the general health,
safety and welfare of the community.
Abrasive Blasting: A method of surface preparation in which an abrasive aggregate is sprayed
under pressure on to exterior surfaces which include, but are not limited to, boats, ships or
other watercraft.
Agricultural Wastes: Non-dangerous wastes on farms resulting from the production of
agricultural products including, but not limited to, crop residues, manures, animal bedding,
and carcasses of dead animals weighing each or collectively in excess of fifteen (15) pounds.
Animal Wastes: Wastes generated on a farm, including manure, pet feces, and dead animals.
Asbestos-Containing Material: Any material containing more than one percent (1%) asbestos
as determined using the method specified in EPA regulations Appendix E, Subpart E, 40 CFR
Part 763, Section l, Polarized Light Microscopy.
Asbestos-Containing Waste Material: Any waste that contains or is contaminated with friable
asbestos-containing material. Asbestos-containing waste material includes asbestos waste
from control equipment, materials used to enclose the work area during an asbestos project,
asbestos-containing material collected for disposal, asbestos-contaminated waste, debris,
containers, bags, protective clothing, or HEPA filters. Asbestos-containing waste material
does not include samples of asbestos-containing material taken for testing or enforcement
purposes.
Ashes: The residue from combustion or incineration of material including solid wastes and
any air pollution flue dust.
Biomedical Waste: Biomedical waste means, and is limited to, the following types of waste:
1) “Animal waste” is waste animal carcasses, body parts, and bedding of animals that are
known to be infected with, or that have been inoculated with, human pathogenic
microorganisms infectious to humans.
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2) “Biosafety level 4 disease waste” is the waste contaminated with blood, excretions,
exudates, or secretions from humans or animals who are isolated to protect others from highly
communicable infectious diseases that are identified as pathogenic organisms assigned to
biosafety level 4 by the Centers for Disease Control, National Institute of Health, and
Biosafety in Microbiological and Biomedical Laboratories, current edition.
3) “Cultures and stocks” are wastes infectious to humans including specimen cultures,
cultures and stocks of etiologic agents, wastes from production of biologicals and serums,
discarded live and attenuated vaccines, and laboratory waste that has come into contact with
cultures and stocks of etiologic agents or blood specimens. Such waste includes but is not
limited to culture dishes, blood specimen tubes, and devices used to transfer, inoculate, and
mix cultures.
4) “Human blood and blood products” are waste human blood and blood components, and
materials containing free-flowing blood and blood products.
5) “Pathological waste” is human source biopsy materials, tissues,and anatomical parts that
emanate from surgery, obstetrical procedures, and autopsy. “Pathological waste” does not
include teeth, human corpses, remains, and anatomical parts that are intended for interment or
cremation.
6) “Sharps waste” is all hypodermic needles, syringes with needles attached, intravenous
tubing with needles attached, scalpel blades, and lancets that have been removed from the
original sterile package.
Biomedical Waste Collection Service: Any agency, business, or service operated by a person
for the purpose of biomedical waste collection and transportation.
Biomedical Waste Generator: Any producer of biomedical waste to include without limitation
the following categories: General acute care hospitals, skilled nursing facilities or
convalescent hospitals, intermediate care facilities, in-patient care facilities for the
developmentally disabled, chronic dialysis clinics, community clinics, health maintenance
organizations, surgical clinics, urgent care clinics, acute psychiatric hospitals, laboratories,
medical buildings, offices and clinics, veterinary offices and clinics, dental offices and clinics,
funeral homes or other similar facilities.
Biomedical Waste Treatment: Means incineration, sterilization, or other method, technique, or
process that changes the character or composition of a biomedical waste so as to minimize the
risk of transmitting infectious disease.
Board of Health: The Jefferson County Board of Health.
Buffer Zone: That part of a facility that lies between the active area and the property
boundary. Junk cars are not allowed in a Buffer Zone as defined in Title 18 of Jefferson
County Code.
Bulky Waste: Large items of refuse, such as appliances (white goods), furniture, junk
vehicles, and other oversize wastes which would typically not fit into reusable or disposable
containers.
CFR: The Code of Federal Regulations as it exists now or may be amended.
Construction Waste: Non-dangerous solid waste, largely inert waste, generated as the result of
construction of buildings, roads, and other man-made structures. Construction waste consists
of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry, composition
roofing and roofing paper, shakes, shingles, plastic and paper wrappings, plastic pipe,
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Chapter 8.10 SOLID WASTE REGULATIONS
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fiberglass insulation, carpeting, floor tile, glass, steel, and minor amounts of other metals like
copper.
Decision: Any writing authored by Public Health, the Health Officer or any employee or
representative of Public Health or Health Officer that serves to represent the official position
of the Public Health or Health Officer including, but not limited to, a decision to deny a
permit application, a decision to allege permit violation(s), issuance of an Abatement Order,
transmittal to a person or entity of a Notice and Order to Correct Violation, or a decision to
suspend or revoke an existing or issued permit.
Demolition Waste: Non-dangerous solid waste, largely inert waste, resulting from the
demolition or razing of buildings, roads and other man-made structures. Demolition waste
consists of, but is not limited to: concrete, asphalt, brick, rock, wood and masonry,
composition roofing and roofing paper, shakes, shingles, plastic pipe, fiberglass insulation,
carpeting, floor tile, glass, steel, minor amounts of other metals like copper, and incidental
amounts of soil associated with these wastes. Plaster (i.e., sheet rock or plaster board), yard
wastes, stumpage, or any other materials that are likely to produce gases or leachate during
the decomposition process are not considered to be demolition waste for the purposes of this
definition. Bulky wastes, white goods, and asbestos-containing materials are not considered to
be demolition waste for the purposeof this regulation.
Discarded Commodity: Products or items that because of damage, misuse, wear, or neglect
and because of such neglect are no longer being utilized for their intended purpose. Neglect,
for the purpose of this definition is deemed to include, but not limited to, circumstances where
a product or item is left exposed to the weather to rot, rust or deteriorate or is so severely
damaged such that it can no longer be used for its intended purpose.
Disposal Site: The location where any final treatment, utilization, processing or deposition of
solid waste occurs. See also the definition of interim solid waste handling site.
Drop Box Facility: A facility used for the placement of a detachable container, including the
area adjacent for necessary entrance and exit roads, unloading and turnaround areas. Drop box
facilities normally serve the general public with loose loads and receive waste from off-site.
Ecology: The Washington State Department of Ecology.
Emission: The release of air contaminants fromsolid waste into the outdoor atmosphere.
Environmentally Sensitive Areas or “ESA”: shall be as defined at RCW 36.70A.030(5) (or as
hereafter amended) to include wetlands, areas with a critical recharging effect on aquifers
used for potable water, fish andwildlife habitat conservation areas, frequently flooded areas
and geologically hazardous areas (and buffers for all such areas) as those terms are defined
and described in Title 18 of the Jefferson County Code in its current form or as it may be in
the future, amended, supplemented or replaced. Junk cars are not allowed in an ESA as
defined in Title 18 of Jefferson County Code.
EPA: The United States Environmental Protection Agency.
Hazardous Substance: Any liquid, solid, gas, or sludge, including any material, substance,
product, commodity, or waste, regardless of quantity, that exhibits any of the physical,
chemical or biological properties described in WAC 173-303-090 or WAC 173-303-100.
Health Officer: The Health Officer or the Health Officer’s representative, of the Jefferson
County Public Health.
Junk Vehicle: “Junk vehicle” has the same meaning as in RCW 46.55.010(5). However, “Junk
vehicle” does not include a vehicle or part thereof that is stored pursuant to a permitted use
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under Chapter 18 JCC and entirely within a building in a lawful manner 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 pursuant to a permitted use under Chapter 18 JCC 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.
For enforcement purposes, possessing three (3) or more junk vehicles on a single property of
anysize is not allowed under this regulation.
Minimum Functional Standards (MFS): Chapter 173-304 WAC, Minimum Functional
Standards for Solid Waste Handling.
Moderate Risk Waste (MRW): means solid waste that is limited to conditionally exempt small
quantity generator (CESQG) waste and household hazardous waste (HHW) as defined in this
chapter.
Nuisance: Consists in unlawfully doing an act, or omitting to perform a duty, which act or
omission either annoys, injures or endangers the repose, health or safety of others; or
unlawfully interferes with, obstructs or tends to obstruct, 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.To the extent applicable, the County
adopts the definitions of nuisance found in Chapter 7.48 RCW.
Owner: The person, business entity or partnership that is the title owner of record with the
Jefferson County Auditor for the parcel or parcels where the violation is allegedly occurring.
Person responsible: The owner, lessee, occupant or operator of the premises, business, activity
or action that is allegedly a violation of this Chapter.
Problem Wastes:
1) Any solid material removed during a remedial action,a dangerous waste site closure, other
cleanup efforts, or other actions, which contain hazardous substances, but are not designated
dangerous wastes;
2) Dredge spoils resulting from the dredging of surface waters of the state where
contaminants are present in the dredge spoils at concentrations not suitable for open water
disposal and the dredge spoils are not dangerous wastes and are not regulated by Section 404
of the Federal Clean Water Act (PL 95-217); or
3) Waste abrasive blasting grit or other material used in abrasive blasting. Common
aggregates include, but are not limited to silica sand, utility slag or copper slag. Waste
abrasive blasting grit does not include blasting grit that will be reused for its intended
purpose.
Public Health: Jefferson County Public Health or any person acting on behalf of or employed
by Jefferson County Public Health.
Remedial Action: Any action to identify, eliminate or minimize any threat posed by
hazardous substances to human health or the environment including any investigative and
monitoring activities with respect to any release or threatened release of a hazardous
substance and any health assessment or health effects studies conducted to determine the risk
or potential risk to human health.
RCW: The Revised Code of Washington as it exists now or may be amended.
Rubbish: All non-putrescible wastes from all public and private establishments and from all
residences.
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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, woodwaste, dangerous waste, yardwaste, 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.
Used Oil:
1) Lubricating fluids that have been removed from an engine crankcase, transmission,
gearbox, hydraulic device, or differential of an automobile, truck, bus, vessel, plane, heavy
equipment, or machinery powered by an internal combustion engine; or
2) Any oil that has been refined from crude oil, used, and as a result of use, has been
contaminated with physical or chemical impurities; or
3) Any oil that has been refined from crude oil and, as a consequence of extended storage,
spillage, or contamination, is no longer useful to the original purchaser; and
4) Used oil does not include oil to whichdangerous wastes have been added, or oil that would
otherwise be considered used oil except that it is used as a fuel in an industrial furnace, which
meets the emission standards of the Olympic Region Clean Air Agency.
WAC: The Washington Administrative Code as it exists now or may be amended.
\[Ord. 6-19\]
8.10.200Beneficial use permit exemptions.
WAC 173-350-200, Beneficial use permit exemptions, is hereby adopted by reference. \[Ord. 6-19\]
8.10.210Recycling and material recovery facilities.
WAC 173-350-210, Recycling and material recovery facilities, is hereby adopted by reference. \[Ord. 6-19\]
8.10.220Composting facilities.
WAC 173-350-220, Composting facilities, is hereby adopted by reference. WAC 173-350-220(9) has been revised
as follows:
220(9) Composting Facilities –Financial Assurance.
1) Financial Assurance may be required for certain compost facilities as determined by Public
Health.
2) If required by Public Health, the owner or operator shall establish a financial assurance
mechanism in accordance with 173-350-600 for closure in accordance with the approved
closure plan. The funds shall be sufficient for hiring a third party to remove the maximum
amount of wastes that could be present at any time during the operation of the facility and to
accomplish closure in accordance with the facility closure plan.
3) If required, no owner or operator shall commence or continue to operate any part of the
facility until a suitable financial assurance mechanism has been provided to the JHD in
accordance with WAC 173-350-600.
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\[Ord. 6-19\]
8.10.225Other organic handling.
WAC 173-350-225, Other organic material handling activities, is hereby adopted by reference. \[Ord. 6-19\]
8.10.230Land application.
WAC 173-350-230, Land application, is hereby adopted by reference. \[Ord. 6-19\]
8.10.240Energy recovery and incineration.
WAC 173-350-240, Energy recovery and incineration facilities, is hereby adopted by reference. \[Ord. 6-19\]
8.10.250Anaerobic digesters.
WAC 173-350-250, Anaerobic digesters, is hereby adopted by reference. \[Ord. 6-19\]
8.10.300On-site storage, collection, and transportation standards.
WAC 173-350-300, On-site storage, collection, and transportation standards, is hereby adopted by reference and the
following has been added:
300(2)(b)(iv) Containers of mixed municipal solid waste, putrescible waste, and rubbish shall
be closed at all times except when waste is being added or removed. Commercial containers
located at public or private collection facilities may be kept open during routine hours of
operation, as long as the container drain plugs remain in place.
300(2)(b)(v) The owner, operator or occupant of any premises, business establishment or
industry shall store all recyclable materials so as not to produce unsafe or unsanitary
conditions.
\[Ord. 6-19\]
8.10.305Solid waste handling standards for specific waste stream.
(1) Animal Waste.
(a) Animal waste, as defined in JCC 8.10.100, shall be disposed of in a manner consistent with these
regulations, or other method approved by the health officer.
(b) Any animal waste that is deemed biomedical waste, as defined in JCC 8.10.100, shall be handled, treated,
and disposed of as required in subsection (3) of this section.
(c) Animal Manure. Animal manure shall not be deposited, or allowed to accumulate, in any ditch, gulch,
ravine, river, stream, lake, pond, marine water, or upon the surface of the ground, or on any highway or road
right-of-way, where it may become a nuisance or menace to health, as determined by the health officer, through
the breeding of flies, harboring of rodents, or pollution of water. Manure shall not be allowed to accumulate in
any place where it can pollute any source of drinking water.
(d) Dead Animals. Except as otherwise provided in subsection (3) of this section, dead animals shall be
disposed of in a manner to protect the public health and the environment. Their disposal shall be consistent with
local codes. Dead animals may be taken to a rendering plant, a veterinary clinic, an animal shelter, pet
cemetery, or can be disposed of directly at permitted operating landfills or transfer stations so as not to create a
nuisance. Property owners may bury dead animals on their property, so long as no nuisance is created. If the
dead animal is buried, it shall be placed so that every part shall be covered by at least two feet of earth and at a
location not less than 100 feet from any well, spring, stream, or other surface waters, and in a place not subject
to overflow. In all cases of death from communicable disease, the dead animal, if disposed of by burial, shall
first be thoroughly enveloped in unslaked lime.
(e) Pet Feces. Pet feces, especially dog droppings, shall be disposed of in a manner, such as burial, or bagging
and placement into containers described in WAC 173-350-300(2), which does not create a nuisance or pollute
surface waters of the state. Pet feces shall not be disposed of into the sanitary sewer unless approved by the
sewer purveyor. This waste shall not be put into a storm sewer or on-site sewage system.
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(2) Asbestos-Containing Waste.
(a) General. Asbestos-containing waste material (ACWM), as defined in JCC 8.10.100, shall be handled and
disposed of pursuant to 40 CFR Part 61, National Emission Standards for Hazardous Air Pollutants; Chapter
173-303 WAC, Dangerous Waste Regulations; Olympic Region Clean Air Agency Rule 6.3; and Chapter 296-
65 WAC, Asbestos Removal and Encapsulation.
(b) Removal. Persons removing ACWM shall contact the Olympic Region Clean Air Agency for information
and instruction concerning removal and disposal. ACWM must be wetted down during removal to reduce
airborne emissions of particulate matter. ACWM shall be sealed into leak-tight containers or placed in one or
more plastic bags with a combined six mils thickness or greater and identified with the proper warning label.
(c) Disposal. The ACWM shall be disposed of in accordance with 40 CFR Part 61, National Emission
Standards for Hazardous Air Pollutants, at a facility permitted to receive such wastes, in accordance with an
approved operations plan, and covered with at least 15 centimeters (six inches) of non-asbestos-containing
waste material immediately following disposal.
(3) Biomedical Waste.
(a) Applicability. This regulation applies to all persons who generate biomedical waste including, but not
limited to, individuals, hospitals, medical and dental clinics, medical laboratories, nursing or intermediate care
facilities, veterinary facilities and other institutions which may generate biomedical wastes as defined in JCC
8.10.100, without regard to the quantity of biomedical waste produced per month.
(b) Storage and Handling.
(i) Containment of biomedical waste shall be in a manner and location which affords protection from
animals, rain, and wind and does not provide a breeding place or a food source for insects or rodents.
(ii) Biomedical wastes shall be segregated from the general medical waste stream at the point of origin and
stored in separate containers. When possible, biomedical wastes should be rendered non-infectious
through chemical or physical treatment procedures as approved by the facility’s site safety officer.
(iii) Biomedical waste, except for sharps, shall be contained in disposable leakproof containers having
strength to prevent ripping, tearing or bursting under normal conditions of use. The containers shall be
secured to prevent leakage or expulsion of solid or liquid waste during storage, handling or transport. The
containers can be of any color and shall be conspicuously labeled with the international biohazard symbol,
and the words “Biohazardous Waste” or words that clearly denote the presence of biomedical waste.
(iv) All sharps, including home-generated sharps, shall be contained in leak-proof, rigid, puncture-
resistant, break-resistant containers that are labeled and tightly lidded during storage, handling and
transport. These containers must be capable of maintaining their structural integrity from the point of
storage to deposition at an approved disposal or collection site. The containers shall be of any color and
shall be conspicuously labeled with the international biohazard symbol, and the words “Biohazardous
Waste” or words that clearly denote the presence of biomedical waste.
(v) Reusable Containers.
(A) Reusable containers for biomedical waste storage, handling or transport shall be thoroughly
washed and decontaminated by a method approved by the health officer each time they are emptied,
unless the surfaces of the containers have been protected from contamination by disposable liners, bags
or other devices removed with the waste.
(B) Approved methods of decontamination are agitation to remove visible solid residue combined with
chemical disinfection. Chemical disinfectants should be used in accordance with the manufacturer’s
recommendations or by disinfectant concentration/contact times approved in writing by the health
officer. Other decontamination methods may be approved in writing by the health officer.
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(C) Reusable pails, drums or bins used for containment of biomedical waste shall not be used for any
other purpose except after being disinfected by procedures as described in this regulation and after the
international biohazard symbol and the words “Biohazardous Waste” are removed.
(vi) The handling and storage of all biomedical waste must prevent the dissemination of biomedical waste
into the environment.
(vii) Trash chutes shall not be used to transfer biomedical waste.
(viii) Biomedical waste shall not be placed into the general waste stream unless contained and treated.
(ix) Sharps shall not be placed into the general waste stream.
(c) Disposal.
(i) All biomedical waste that has been contained as described in subsection (3)(b) of this section shall be
disposed of at a solid waste handling facility permitted to receive such waste.
(ii) All human or animal body parts, fetuses, and other pathological specimens shall be disposed of either
by appropriate interment, incineration or other method approved by the health officer.
(iii) Untreated liquidand liquefied biomedical waste may be disposed of by release into a sanitary sewage
system, if this practice is approved by the providing sewer utility; provided, that the health officer shall
have the authority to require the treatment of any biomedical liquid, according to requirements specified
by the health officer, prior to release into a sanitary sewage system if deemed necessary to protect the
public health.
(iv) Biomedical waste shall be disposed of on a regular basis to avoid nuisance conditions. If any nuisance
condition exists, the health officer shall have the authority to require a specific disposal or collection
frequency.
(v) Sharps must be contained in accordance with subsection (3)(b)(iv) of this section and prepared for
disposal by a meansthat protects medical handlers, solid waste workers and the public from injury. The
disposal of sharps shall be limited to the following methods unless prohibited by the requirements of
Chapter 70.95K RCW, Biomedical Wastes (no longer exempts home-generated sharps):
(A) Depositing properly contained sharps at a facility that has agreed to accept home-generated sharps.
(B) Depositing properly contained sharps at a medical facility or pharmacy that provides a program to
dispose of sharps waste and that meets the requirements of these regulations.
(C) Using a permitted biomedical waste collection service.
(D) Other methodsapproved by the health officer.
(d) Transfer of Biomedical Waste. Any biomedical waste generator who produces untreated biomedical waste
shall have said waste collected and transported by a permitted biomedical waste collection service.
(e) Inspection. The health officer shall have the authority to inspect any biomedical waste generator, at any
reasonable time, to determine if the generator’s biomedical waste is being handled, stored, and disposed of in
accordance with this chapter, or to determine if the waste generator’s solid waste is being disposed of in
accordance with this chapter.
(f) Disposal Service Required. When a person does not dispose of biomedical waste in a manner consistent
with these regulations, the health officer may order said person toobtain ongoing and regularly scheduled
biomedical waste collection and disposal service if said person does not have this service and if commercial
biomedical waste collection and disposal service exists in or is offered in the geographic areas where the person
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resides. Said service shall be from a biomedical waste collection and disposal service holding a solid waste
handling permit issued by public health.
(g) Biomedical Waste Collection Services. In addition to the general operation and maintenance requirements
applicable to persons operating a solid waste collection service specified in WAC 173-350-300, vehicles used
by biomedical waste collection services shall have a leak-proof and fully enclosed vehicle compartment
constructed of durable and easily cleanable materials, and shall be identified on each side of the vehicle with
the name or trademark of the biomedical waste collection service.
(4) Bulky Waste. Bulky wastes shall be stored and transported in such a manner so as not to create a nuisance or
safety hazard. Recycling of bulky wastes is encouraged where programs have been established to accept them. If
recycling is not feasible, these wastes shall be taken directly to a disposal site permitted to accept oversized waste.
Land clearing bulky wastesuch as tree stumps, trees, portions of buildings and other waste shall be transported
directly to a transfer station or landfill designed and permitted to accept these bulky wastes; provided, that nothing
herein shall prevent these wastes from being salvaged and/or used as firewood.
(5) Dangerous Waste.
(a) All solid waste must be designated as required by WAC 173-303-070 to prevent the disposal of dangerous
waste at a facility not permitted to accept dangerous waste. All solid waste designated as a dangerous waste
must be managed in a manner consistent with these regulations and Chapter 173-303 WAC.
(b) The health officer may require the screening of any waste suspected of being a regulated dangerous waste
as defined in JCC 8.10.100. The screening processmay involve analytical testing, a disclosure of the waste
constituents and waste generation process, and other additional information necessary to determine if the waste
is dangerous. The health officer may establish a schedule for compliance as part of the screening process.
Based on the results of the required screening, the health officer may require the generator or transporter to
direct the waste to a facility permitted to handle such waste.
(6) Moderate Risk Waste and Used Oil.
(a) Small Quantity Generator (SQG) Waste.
(i) Applicability. This subsection applies to conditionally exempt small quantity generators (SQGs) as
defined in JCC 8.10.100. In addition to the requirements of this section, SQGs must meet the storage
requirements of subsection (6)(b) of this section.
(ii) Waste Designation. SQGs shall designate suspected or known dangerous wastes pursuant to WAC
173-303-070 through 173-303-100.
(iii) Container Labeling. SQGs shall label all containers of MRW and used oil with the name of the waste
and identify the major risk(s) associated with the waste in the container or tank for employees, emergency
response personnel and the public. Containers of MRW shall also be labeled with the words “hazardous
waste” or “dangerous waste.”
(iv) Secondary Containment. The health officer may require a SQG to provide secondary containment for
liquid MRW and/or used oil stored on site if the health officer determines that there is a potential threat to
public health or the environment due to the nature of the wastesbeing accumulated, the location of
accumulation, or due to a history of spills or releases from accumulation containers. When required under
this subsection, a secondary containment system must be durable, compatible with the waste it is meant to
contain,and large enough to contain a volume equal to 10 percent of all containers, or 110 percent of the
largest single container, whichever is greater.
(v) Hazardous Materials Management Plans. If a SQG has violated any part of this regulation, the health
officer may require the SQG to prepare and follow a written hazardous materials management plan
approved by public health and in a format prescribed by public health.
(b) Storage Requirements.
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(i) SQG waste, used oil, and hazardous substances shall be stored incontainers which are:
(A) Compatible with the waste contained therein;
(B) In good condition and without any leaks, corrosion or other signs of deterioration;
(C) Securely closed at all times except during the addition or removal of contents; and
(ii) Containers of SQG waste, used oil, and hazardous substances shall be stored on an impervious surface
and in a location(s) that is covered and controlled to prevent:
(A) Container deterioration due to weather exposure;
(B) Surface water run-on and run-off;
(C) Exposure to extreme temperatures;
(D) Unintentional discharge to stormwater, soil, or surface water; and
(E) Any other controllable condition which may cause or increase the possibility of container failure.
(c) Accumulation. In addition to the quantity exclusion limits (QELs) for small quantity generators contained in
WAC 173-303-070(8), SQG waste, used oil, and hazardous substances shall not be accumulated in quantities
that, in the opinion of the health officer, present a threat to public healthor the environment.
(d) Transportation. SQG waste and used oil shall be transported in accordance with WAC 173-350-300(3).
(e) Treatment and Disposal.
(i) SQG Waste. All SQG waste shall be transported to a permitted MRW collection facility, or picked up
by a permitted dangerous waste transporter for treatment or disposal at a facility permitted to accept such
waste. SQG waste shall not be deposited in the general municipal solid waste collection system, a public
sewer system, a storm drain, an on-site sewage system, in surface or groundwater, or onto or under the
surface of the ground.
(ii) Pesticides. Usable pesticides shall be utilized in accordance with the EPA-approved label
requirements, or shall be disposed of, as appropriate, at a permitted hazardouswaste treatment, storage, or
disposal facility, the Jefferson County Moderate Risk Waste Collection Facility, or through an approved
Department of Agriculture collection event. (For additional information call WSDA at 1-877-301-4555.)
Empty containers from canceled, suspended, or otherwise unusable pesticides should be disposed of as a
hazardous waste or triple rinsed in accordance with the requirements under WAC 173-303-160(2)(b).
Rinsate from a pesticide container must be reused in a manner consistent with its original intended
purpose or disposed of as a hazardous waste under Chapter 173-303 WAC.
(iii) Used Oil. Used oil shall be recycled or disposed of at a facility permitted or approved for that purpose,
or as otherwise allowed by Ecology or the health officer. Used oil may be taken to service stations or
similar facilities that collect used oil for subsequent reprocessing at a facility specifically permitted for that
purpose.
(f) Mitigation and Control. The person responsible for a spill or nonpermitted discharge of SQG waste, used
oil, and/or hazardous substances shall take appropriate and immediate action to protect public health and the
environment, including any necessary measure required to prevent the spread of contamination. In addition, the
person responsible for a spill or discharge shall:
(i) Notify public health and, when an imminent threat to public health or the environment exists, call 911;
(ii) Clean up any released hazardous substance, or take such actions as may be required or approved by
federal, state, or local officials; and
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(iii) Meet applicable requirements of subsection (7) of this section as directed by the health officer.
(7) Problem Waste.
(a) Screening. Persons excavating problem waste as defined in JCC 8.10.100, which is intended for upland fill
in Jefferson County and which may contain a hazardous substance, endanger the public health, or adversely
impact the environment, shall contact the health officer to determine the need for screening in accordance with
subsection (6)(a)(ii) of this section.
(b) Management Options.
(i) Beneficial Reuse. Any person intending to beneficially reuse problem wastes must first contact the
health officer to determine the appropriate reuse options.
(ii) Treatment. Problem wastes may be treated to remove contaminants and, following treatment, may be
used as upland fill in Jefferson County if the treated waste is determined by the health officer not to be a
problem waste.
(iii) Disposal. Problem waste can only be disposed of at a solid waste handling facility permitted to
receive such waste.
(c) Waste Abrasive Blasting Grit Storage. Waste abrasive blasting grit shall be stored under cover in a manner
that minimizes contact with process water or stormwater. Persons recycling waste abrasive blasting grit at a
facility permitted to recycle such waste are exempt from the provisions of subsection (7)(b) of this section;
provided, that the recycling facility enlists a process and produces a final product thatdoes not endanger human
health or the environment as a result of using said material.
(8) Septage. Septage must be disposed of directly into a sewage treatment works, licensed as such by Ecology, with
the permission of and according to the requirements ofthe sewage treatment works or disposed of into an alternative
treatment works or other process approved by the health officer. Septage of domestic quality, meeting all applicable
requirements for biosolids under Chapter 173-308 WAC, Biosolids Management, may be beneficially reused by
being applied to land as approved by the health officer on a case-by-case basis. \[Ord. 6-19\]
8.10.310Transfer stations and drop box facilities.
WAC 173-350-310, Transfer stations and drop box facilities, is hereby adopted by reference. \[Ord. 6-19\]
8.10.320Piles used for storage or treatment.
WAC 173-350-320, Piles used for storage or treatment, is hereby adopted by reference. WAC 173-350-320(9) has
been revised as follows:
320(9) Piles used for Storage or Treatment –Financial Assurance requirements.
1) Financial Assurance may be required for certain piles treating or storing solid waste as
determined by Public Health.
2) If required by Public Health, the owner or operator shall establish a financial assurance
mechanism in accordance with 173-350-600 for closure in accordance with the approved
closure plan. The funds shall be sufficient for hiring a third party to remove the maximum
amount of wastes that could be present at any time during the operation of the facility and to
accomplish closure in accordance with the facility closure plan.
3) If required, no owner or operator shall commence or continue to operate any part of the
facility until a suitable financial assurance mechanism has been provided to the JHD in
accordance with WAC 173-350-600.
\[Ord. 6-19\]
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8.10.330Surface impoundments and tanks.
WAC 173-350-330, Surface impoundments and tanks, is hereby adopted by reference. WAC 173-350-330(7) has
been revised as follows:
330(7) Surface Impoundments and Tanks –Financial Assurance requirements.
1) Financial Assurance may be required for certain surface impoundments and tanks used for
treating or storing solid waste as determined by Public Health.
2) If required by Public Health, the owner or operator shall establish a financial assurance
mechanism in accordance with 173-350-600 for closure in accordance with the approved
closure plan. The funds shall be sufficient for hiring a third party to removethe maximum
amount of wastes that could be present at any time during the operation of the facility and to
accomplish closure in accordance with the facility closure plan.
3) If required, no owner or operator shall commence or continue to operate any partof the
facility until a suitable financial assurance mechanism has been provided to the JHD in
accordance with WAC 173-350-600.
\[Ord. 6-19\]
8.10.350Waste tire storage.
WAC 173-350-350, Waste tire storage, is hereby adopted by reference. \[Ord. 6-19\]
8.10.355Waste tire transportation.
WAC 173-350-355, Waste tire transportation, is hereby adopted by reference. \[Ord. 6-19\]
8.10.360Moderate risk waste handling.
WAC 173-350-360, Moderate risk waste handling, is hereby adopted by reference. \[Ord. 6-19\]
8.10.400Limited purpose landfills.
WAC 173-350-400, Limited purpose landfills, is hereby adopted by reference. \[Ord. 6-19\]
8.10.410Inert waste landfills.
WAC 173-350-410, Inert waste landfills, is hereby adopted by reference. \[Ord. 6-19\]
8.10.450Municipal solid waste landfills.
Chapter 173-351 WAC, Criteria for Municipal Solid Waste Landfills, is hereby adopted by reference. \[Ord. 6-19\]
8.10.460Construction and notification standards near landfills.
(1) Construction Requirements.
(a) Methane Protection.
(i) Any person constructing or developing any area within 1,000 feet of the footprint of an active, closed,
or abandoned landfill shall provide documentation that demonstrates that levels of methane gas within this
1,000-foot zone are below the lower explosive limits (LEL) under all conditions. A description of the
investigation methodology, all analytical data, and conclusions shall be presented in a report submitted by
a licensed professional engineer or professional geologist to the health officer and the local building
department for review and approval. Copies of this report shall also be provided to the Washington
Department of Ecology and the Olympic Region Clean Air Agency; and
(ii) Any person constructing or developing any area within 1,000 feet of the footprint of an active, closed,
or abandoned landfill shall provide documentation that demonstrates that all enclosed structures are
protected from potential methane migration. The method for ensuring a structure’s protection from
methane shall be addressed in a report submitted by a licensed professional engineer to the health officer
and the local building department for approval. Such a report shall contain a description of the mitigation
measures to prevent the accumulation of explosive concentrations of methane gas within or under
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enclosed portions of a building or structure. At the time of final inspection, the engineer shall furnish a
signed statement attesting that the building or structure has been constructed in accordance with his/her
recommendations for addressing methane gas migration.
(iii) The health officer may grant a variance to the requirements in subsection (1)(a)(ii) of this section,
based on a review of data submitted pursuant to subsection (1)(a)(i) of this section.
(b) Stormwater. To minimize erosion impacts and leachate generation, no person shall detain stormwater on a
closed or abandoned landfill. Stormwater may be conveyed across a closed or abandoned landfill if the
conveyance system has been engineered to minimize the percolation of stormwater into the landfill.
(c) Construction within the Footprint of the Landfill. No person shall construct within the footprint of a closed
or abandoned landfill without first having submitted detailed engineering plans documenting how potential
hazards will be controlled. Potential hazards include, but are not limited to, subsidence, methane, odor
problems, hazards associated with subsurface utility installation, and leachate generation. A qualified, licensed
professional engineer (PE) shall sign such plans. These plans must be submitted for review and approval to the
jurisdictional building department and public health, or public health’s designated representative.
(d) Groundwater Supply Wells. No person shall construct a groundwater supply well within 1,000 feet of an
active, closed, or abandoned landfill property boundary without a formal request for variance as outlined in
Chapter 173-160 WAC, Minimum Standards for Construction and Maintenance of Wells.
(e) Methane Monitoring. All landfills where methane gas is generated shall provide for adequate venting,
collecting, redirecting, or elimination of gases generated by solid waste. It shall be the responsibility of the
landfill owner/operator to develop a sampling and testing program to monitor gas production and potential
migration.
(2) Notification Requirements for Owners of Landfills. All owners of active, closed, or abandoned landfills shall:
(a) File a notice to title with the county auditor’s office noting the presence of a landfill on the tax parcel within
180 days of the effective date of the ordinance codified in this chapter.
(b) For any property without notice to title, public health may file a notice to title regarding the presence of a
landfill on the property.
(c) Disclose the presence of an active, closed, or abandoned landfill to all prospective purchasers of the
property. \[Ord. 6-19\]
8.10.490Other methods of solid waste handling.
WAC 173-350-490, Other methods of solid waste handling, is hereby adopted by reference. \[Ord. 6-19\]
8.10.500Groundwater monitoring.
WAC 173-350-500, Groundwater monitoring, is hereby adopted by reference. \[Ord. 6-19\]
8.10.600Financial assurance requirements.
WAC 173-350-600, Financial assurance requirements, is hereby adopted by reference and the following has been
added:
d) Certain waste piles; certain surface impoundments and tanks; and certain compost facilities
as determined by Public Health.
\[Ord. 6-19\]
8.10.700Permits and local ordinances.
WAC 173-350-700, Permits and local requirements, is hereby adopted by reference and the following has been
added.
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d) Landfills closed pursuant to this Chapter 173-351, Mixed Municipal Solid Waste Landfills,
or Chapter 173-304 are required to obtain a closure-post closure permit.
e) Permit holders must comply with all rules and intent of the Jefferson County
Comprehensive Solid Waste Management Plan (JCCSWMP).
\[Ord. 6-19\]
8.10.710Permit application and issuance.
WAC 173-350-710, Permit application and issuance, is hereby adopted by reference.
(1) Appeal of a Permit Denial. Any person aggrieved by the denial of permit shall:
(a) Within 10 days of receiving the written letter denying a permit,the appellant shall request a hearing in
writing. The appellant shall submit specific statements in writing of the reason why error is assigned to the
decision of the health officer.
(b) The hearing authorized by this chapter and WAC 173-350-710(7) shall be before the health officer.
(c) 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
businessdays or more than 30 business days from the date the request was received.
(d) Within 30 days, the health officer will issue a decision upholding or reversing public health’s action. The
health officer may require additional actions as part of the decision.
(e) Any party aggrieved by the health officer’s written determination resolving an appeal may only then appeal
to the pollution control hearings board by filing with the board a notice of appeal within 30 days after receipt of
notice of the determination of the health officer.
(f) It is expressly stated in this code that this section and WAC 173-350-710(7) do not apply to (i) any notice
and order to correct violation sent by Jefferson County public health or its local health officer to any person or
entity, or (ii) any written decision by Jefferson County public health or its local health officer which alleges
violations of an existing or issued permit or which serves to revoke an existing or issued permit. \[Ord. 6-19\]
8.10.715General permit application requirements.
WAC 173-350-715, General permit application requirements, is hereby adopted by reference. \[Ord. 6-19\]
8.10.900Remedial action.
WAC 173-350-900, Remedial action, is hereby adopted by reference. \[Ord. 6-19\]
8.10.950Enforcement and enforcementalternatives.
(1) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as
later amended, shall apply to any alleged violation of this chapter, unless specifically amended or
authorized below.
(12) Other Laws, Regulations and Agency Requirements.
(a) All solid waste management shall be subject to the authority of other laws, regulations or other agency
requirements in addition to these rules and regulations. Nothing in these rules and regulations is intended to
abridge or alter the rights of action by the state or by persons which exist in equity, common law or other
statutes to abate pollution or to abate a nuisance.
(b) Chapter 173-350 WAC, Solid Waste Handling Standards, is hereby adopted by reference.
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(c) In order to better protect public health and the environment, if a conflict exists in the interpretation of
Chapter 173-350 WAC and these regulations, or in the interpretation of Chapter 173-351 WAC and these
regulations, the more stringent regulation shall apply.
(23) Enforcement Authority. The health officer, his or her designee, or any person appointed as an “enforcement
officer”,pursuant to JCC 8.01.070,by the Jefferson County board of health 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.
(3) 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 been 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) Prior to entering any building, structure, property or portion thereof, the health officer or his/her duly
authorized inspector shall attempt to secure the consent of the owner, occupant or other person having apparent
charge or control of said building, structure, property or portion thereof.
(i) 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.
(ii) In attempting to contact the owner, occupier or other persons having apparent control of said building,
structure, property or portion thereof, the inspector may approach said building or structure by a
recognizable access route, e.g., a street or driveway, leading to said building or structure.
(c) If permission to enter said building, structure, property or portion thereof is not obtained from the owner,
occupier or other persons having apparent control of said building, structure, property or portion thereof, the
health officer or his/her dulyauthorized inspector shall also have recourse to any other remedies provided by
law to secure entry.
(4) Inspections –Permitted Facilities.
(a) General. At a minimum, the health officer may, to the extent resources permit, perform annual inspections
of all permitted solid waste facilities. Findings shall be noted and kept on file. The health officer shall furnish a
copy of the inspection report, or annual summary, to the site operator.
(b) Pre-Operational Inspection. Whenever plans and specifications are required by these regulations to be
submitted to the health officer, the health officer may inspect the proposed solid waste disposal site, solid waste
handling facility, or solid waste collection service prior to the start of the operations to verify compliance with
approved plans and specifications.
(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, he/she may issue a written notice and order to correct violation to the property owner or to any
person causing, allowing or participating in the violation.
(b) Content. The notice and order to correct violation shall contain:
(i) The name and address of the property owner or other persons to whom the notice and order to correct
violation is directed;
(ii) 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;
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(iii) A description of the violation and a reference to that provision of the regulation which has been
violated;
(iv) 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;
(v) 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;
(vi) A statement that the person, to whom the notice and order is directed, can appeal the order to the
health officer, in accordance with the terms of this chapter, and that any such appeal must be presented to
the health officer within 10 days;
(vii) 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) Disposal Receipts. The notice andorder to correct violation may also include a statement requiring the
person to whom the notice and order to correct violation is directed to produce receipts from a permitted solid
waste disposal facility, permitted hazardous waste facility, or the localhousehold hazardous waste facility
(moderate risk waste facility) or transporter to demonstrate compliance with an order issued by the health
officer.
(d) 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 violation by first class and/or certified
mail postage prepaid, return receipt requested, to such person at his/her last known address. The notice and
order to correct violationshall also be served via certified mail/return receipt requested to the owner of the
parcel or parcels where the alleged violations are occurring to the owner’s last known address.
(e) 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.
(f) 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 violation procedures contained in these regulations.
(g) 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 suchorder, the health officer may:
(i) Utilize any remedy or penalty under subsection (6) of this section; and/or
(ii) Abate the health violation using the procedures of these regulations; and/or
(iii) Pursue any other appropriate remedy at law or equity.
(h)Written Assurance of Discontinuance. The health officer may accept a written assurance of discontinuance
of any act in violation of this chapter from any person who has engaged in such act. Failure to comply with the
assurance of discontinuance shall be afurther violation of this chapter.
(65) Stop Work Orders. The health officer may cause a stop work order to be issued whenever the health officer has
reason to believe that a violation of this chapter is occurring. The effect of the stop work order shall be to require the
immediate cessation of such work or activity that has contributed to the violation until authorized by the health
officer to proceed.
(a) Content. A stop work order shall include the following:
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(i) The name and address for the person responsible for the alleged violation;
(ii) The street address or description sufficient for identification of the building, structure or premises, or
land upon or within which the alleged violation has occurred or is occurring;
(iii) A description of the violation and reference to the provision of the Jefferson County board of health
ordinance which has been allegedly violated;
(iv) The required corrective action;
(v) A statement that a failure to comply with the order may lead to issuance of a civil infraction to the
person named in the order;
(vi) A statement that the person to whom the stop work order is directed can appeal the order to the health
officer in accordance with JCC 8.10.970 and that any such appeal must be presented to the health officer
within10 days.
(b) Service of Notice. The health officer shall serve the stop work order upon the owner of the property where
the alleged violation occurred or is occurring and the person, firm or business entity that has allegedly violated
this chapter, either personally or by mailing a copy of the notice by regular and certified or registered mail,
within a five-day period, return receipt requested, to the owner at his or her last known address. A copy of the
order shall also be posted on the property where the alleged violation occurred or is occurring.
(c) Posting of Notice. In addition to service of the notice listed above, an additional notice shall be posted on
the property in substantially the following form:
Under the authority of Jefferson County Code Chapter 8.10, Solid Waste Regulations, you are
hereby required to immediately STOP WORK.
This order is in effect at this property for all work and activities that relate to violations of
Jefferson County Code Chapter 8.10, Solid Waste Regulations, and remains in effect until
removed by Public Health. It is a violation of these regulations to remove, deface, destroy, or
conceal a posted Stop Work Order.
FAILURE TO COMPLY WITH THIS ORDER MAY RESULT IN THE ISSUANCE OF A
CIVIL INFRACTIONCODE VIOLATION PURSURANT TO TITLE 19 JCC.
(7) Voluntary Correction. When the health officer determines that a violation has occurred or is occurring, he or she
shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation and, where
possible, explaining the violation and requesting correction.
(a) Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a
voluntary correction agreement with public health. The voluntarycorrection agreement is a contract between
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 7.48 RCW or
subsection (8) of this section. The voluntary correction agreement shall include the following:
(i) The name and address of the person responsible for the alleged violation;
(ii) 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;
(iii) A description of the alleged violation 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;
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(v) An agreement by the person responsible for the alleged violation that public health may enter the
property and inspect the premises as may be necessary to determine compliance with the voluntary
correction agreement;
(vi) An agreement by the person responsible for the alleged violation that public health may enter the
property to abate the violation and recover its costs and expenses (including administrative, hearing and
removal costs) from the person responsible for the alleged violation if the terms of the voluntary
correction agreement are not satisfied; and
(vii) 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.
(b) Right to a Hearing Waived. By entering into a 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 violation and/or the required corrective action. The person responsible
for the alleged violation may, through written documentation provided to the health officer, state his or her
decision to reject and nullify the voluntary correction agreement, at which time that person is entitled to an
appeal to the health officer pursuant to JCC 8.10.970.
(c) Extension and Modification. The health officer may, at his or her discretion, grant an extension of the time
limit for correction or a modification of the required corrective action if the person responsible for the alleged
violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen
circumstances have delayed correction under the original conditions.
(d) Abatement by Public Health. The county may abate the alleged violation in accordance with subsection (8)
of this section if all terms of the voluntary correction agreement are not met, except that the person responsible
for the alleged violation shall not have a right to appeal the abatement order.
(e) Collection of Costs. If all terms of the voluntary correction agreement are not met, the person responsible
for the alleged violation shall be assessed all costs and expenses of abatement, as set forth in subsection (8) of
this section.
(8) Abatement Orders. Where the health officer has determined that a violation of these regulations has occurred or
is occurring, he or she may issue an abatement order to the person responsible for the alleged violation requiring that
the unlawful condition be abated within a reasonable time period as determined by the health officer.
(a) Prerequisite to Abatement Order. Absent conditions which pose an immediate threat to the public health,
safety or welfare of the environment, the procedures for abatement of conditions constituting a violation of
these regulations should be utilized by public health only after correction of such conditions have been
attempted through the use of the civil infractions process. Once it has been determined by public health that
there is no immediate threat to the public health’s safety or welfare and that correction of such conditions has
not been adequately achieved through use of the civil infraction process, then public health is authorized to
proceed with abatement of such conditions pursuant to these regulations. Public health shall also attempt to
enter into a voluntary correction agreement prior to issuing an abatement order.
(b) Content. An abatement order shall include the following:
(i) The name and address for the person responsible for the alleged violation;
(ii) The street address or description sufficient for identification of the building, structure or premises, or
land upon or within which the alleged violation has occurred or is occurring;
(iii) A description of the violation and reference to the provision of the Jefferson County board of health
ordinance 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 health officer may abate the unlawful condition in accordance with this subsection (8);
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(v) A statement that the costs and expenses incurred by public health pursuant to this subsection (8),
including any amount expended on staff time to oversee the abatement, may be assessed against a person
to whom the abatement order is directed in a manner consistent with this chapter; and
(vi) A statement that the person to whom the abatement order is directed can appeal the order to the health
officer in accordance with JCC 8.10.970.
(c) Service of Notice. The health officer shall serve the abatement order upon the owner of the property where
the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular
and certified or registered mail, within a five-day period, return receipt requested, to the owner at his or her last
known address. The order shall alsobe served on each of the following if known to the health officer or
disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance
of record; the owner or holder of any lease of record and the holder of any other estate or legal interest of
record in or to the property or any structures on the property. The failure of the health officer to serve any
person required herein to be served shall not invalidate any proceedings hereunder as to any other person’s duty
or relieve any such person from any duty or obligation imposed by the provisions of this section. A copy of the
order shall also be posted on the property where the alleged violation occurred or is occurring.
(d) Authorized Action by Public Health. Using any lawful means, public health may enter the subject property
and may remove or correct the condition that is subject to abatement.
(e) Recovery of Costs and Expense. The costs of correcting a condition which constitutes a violation of these
regulations, including all incidental expenses, shall be billed to the owner of the property upon which the
alleged violation occurred or is occurring, and shall become due within 15 calendar days of the date of mailing
the billing for abatement. The term “incidental expenses” includes, but is not limited to, personnel costs, both
direct and indirect and including attorneys’ fees; costs incurred in documenting the violation; towing/hauling,
storage and removal/disposal expenses; and actual expenses and costs to public health in preparing notices,
specifications and contracts associated with the abatement, and in accomplishing and/or contracting and
inspecting the work; and the costs of any required printing and mailing.
(f) Collection of Costs and Expenses. The costs and expenses of correcting a condition which constitutes a
violation of these regulations shall constitute a personal obligation of the person to whom the abatement order
is directed. Within 15 days of abating any violation, the health officer shall send the person named in the
abatement order a bill that details the work performed, materials removed, labor used and the costs and
expenses related to those tasks as well as any other costs and expenses incurred in abating the violation.
(96) Notice to Vacate. When a condition constitutes a violation of these regulations and poses an immediate threat to
life, limb, property or safety of the public or persons residing on the property, the health officer may issue a notice to
vacate.
(a) Content. A notice to vacate shall include the following:
(i) The name and address for the person responsible for the alleged violation;
(ii) The street address or description sufficient for identification of the building, structure or premises, or
land upon or within which the alleged violation has occurred or is occurring;
(iii) A description of the violation constituting an emergency and reference to the provisions of the
Jefferson County board of health regulations which have been allegedly violated;
(iv) A date, as determined by the severity of the emergency, by which any persons must vacate the
premises. In case of extreme danger to persons or property immediate compliance shall be required;
(v) The required corrective action;
(vi) A statement that the person to whom the notice to vacate is directed can appeal the order to the health
officer in accordance with JCC 8.10.970 and that any such appeal must be presented to the health officer
within 10 days.
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(b) Service of Notice. The health officer shall serve the abatement order upon the owner of the property where
the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice by regular
and certified or registered mail, within a five-day period, return receipt requested, to the owner at his or her last
known address. A copy of the order shall also be posted on the property where the alleged violation occurred or
is occurring.
(c) Posting the Notice. In addition to providing service as stated above, an additional notice shall be posted on
the property in substantially the following form:
DO NOT ENTER UNSAFE TO OCCUPY
It is a violation of the Jefferson County Code 8.10 to occupy this building, or to remove or
deface this notice.
_____________________
Health Officer
Jefferson County Public Health
(d) Compliance. No person shall remain in or enter any building, structure, or property which has been so
posted, except that entry may be made to repair or correct any conditions causing or contributing to the threat to
life, limb, property, or safety of the public or persons residing on the property. No person shall remove or
deface any such notice after it is posted until the required corrective action has been completed and approved.
\[Ord. 6-19\]
8.10.960Violations, remedies and penalties.
(1) Violations.
(a) Any violation of a permit requirement issued pursuant to these regulations shall be a violation of these
regulations.
(b) Violations of these regulations may be addressed through the remedies and penalties provided in this
sectionand Title 19 JCC.
(c) Each violation of these regulations shall be a separate and distinct offense and in the case of a continuing
violation, each day a violation is occurring or present shall be considered a separate and distinct violation.
(d) The health officeror theirdesigneemay 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.
(e) Violations, apparent or alleged, that occurred or are occurring in environmentally sensitive areas, as that
term is defined in this chapter, of Jefferson County will have the highest priority for investigation by those
persons charged in this chapter with investigating suchviolations and enforcing this chapter and such violations
will be subject to a “zero tolerance” policy.
(2) Suspension of a Permit.
(a) The health officer may temporarily suspend any permit issued under these regulations for:
(i) Failure of the holder to comply with the requirements of the permit;
(ii) Failure to comply with any notice and order to correct violation issued pursuant to these regulations
related to the permitted activity;
(iii) Failure to comply with a stop work or abatement order issued pursuant to JCC 8.10.950(6) and (8); or
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(iv) The nonpayment or dishonor of any check or draft used by the permit holder to pay any public health
fees associated with the permit.
(b) Permit suspension shall be carried out through the notice and order to correct violation provisions specified
in JCC 8.10.950(5), and the suspension 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 suspension as provided in JCC
8.10.970.
(c) Notwithstanding any other provision of this chapter, whenever the health officer finds that a violation of this
chapter has created or is creating an unsanitary, dangerous or other condition which, in his/her judgment,
constitutes an immediate and irreparable hazard, he/she may, without service of a written notice and order to
correct violation, suspend and terminate operations under the permit immediately.
(3) Revocation of Permits.
(a) The health officer may permanently revoke any permit issued by him/her for:
(i) Failure of the holder to comply with the requirements of the permit;
(ii) Failure of the holder to comply with any notice and order to correct violation issued pursuant to these
regulations related to the permitted activity;
(iii) Failure to comply with a stop work or abatement order issued pursuant to JCC 8.10.950(6) and (8);
(iv) Interference with the health officer in the performance of his/her duties;
(v) Discovery by the health officer that a permit was issued in error oron the basis of incorrect
information supplied to him/her; or
(vi) The nonpayment or dishonor of any check or draft used by the holder to pay any public health fees
associated with the permit.
(b) Such permit revocation, including any appeal of the decision to revoke, shall be carried out through the
notice and order to correct violationprovisions specified in JCC 8.10.950(5)JCC 19.10.050and 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 JCC 8.10.970.
(4) Civil Code Violations
The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as later
amended, shall apply to any alleged violation of this chapter, unless specifically amended or authorized
below.
(4) Civil Remedies.
(a) Except as provided in subsection (4)(b) of this section, the violation of any provision of these regulations is
designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil Infractions.
(b) Any person who unlawfully dumps solid waste as described in JCC 8.10.025(3)(b) or waste in an amount
greater than one cubic foot has committed a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil
Infractions. Any person who unlawfully dumps solid waste in an amount less than or equal to one cubic foot
has committed a Class 3 civil infraction pursuant to Chapter 7.80 RCW. The court may also impose restitution
for any violation.
(c) The health officer may issue a notice of civil infraction pursuant to 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.
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(d) Civil infractions shall be issued, heard and determined as described in Chapter 7.80 RCW, and any
applicable court rules.
(e) All other legal and equitable remedies are also deemed available to public health or its health officer and
may be invoked, utilized or sought at any time regardless of whether other remedies have or have not been
undertaken or sought.
(5) Criminal Penalties.
(a) Any person who unlawfully dumps biomedical waste as described in JCC 8.10.025(3)(b) shall be, upon
conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or imprisonment in
the county jail not to exceed 90 days, or both. The court may also impose restitution.
(b) Any person who unlawfully dumps “dangerous waste” as defined in WAC 173-350-100 and/or RCW
70.105.010(5) in violation of RCW 70.105.090 shall be, upon conviction, guilty of a misdemeanor. The court
may also impose restitution.
(c) Any person who unlawfully dumps “dangerous waste” as defined in WAC 173-350-100 and/or RCW
70.105.010(5) in violation of RCW 70.105.085 shall be, upon conviction, guilty of a felony. The court may also
impose restitution.
(d) Any person who unlawfully dumps solid waste as described in JCC 8.10.025(3)(b) and in an amount less
than one cubic yard, but greater than one cubic foot, shall be, upon conviction, guilty of a misdemeanor, and
shall be subject to a fine of not more than $1,000, or imprisonment in the county jail not to exceed 90 days, or
both. The court may also impose restitution as stated in Chapter 70.95 RCW, Solid Waste Management –
Reduction and Recycling.
(e) Any person who unlawfully dumps solid waste as described in JCC 8.10.025(3)(b) and in an amount greater
than one cubic yard shall be, upon conviction, guilty of a gross misdemeanor, and shall be subject to a fine of
not more than $5,000, or imprisonment in the county jail not to exceed one year, or both. The court may also
impose restitution as stated in Chapter 70.95 RCW, Solid Waste Management –Reduction and Recycling.
(f) Any person who fails, neglects, or refuses to obey an order of the health officer to correct a violation as set
forth in JCC 8.10.950(5)(g) shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of
not more than $100.00, or imprisonment in the county jail not to exceed 90 days, or both. The court may also
impose restitution.
(g) Any person who fails, neglects, or refuses to comply with a written assurance of discontinuance pursuant to
JCC 8.10.950(5)(h) shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not
more than $100.00, or imprisonment in the county jail not to exceed 90 days, or both. The court may also
impose restitution.
(h) Any person who operates a solid waste facility or collection service without a permit shall be, upon
conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or imprisonment in
the county jail not to exceed 90 days, or both. The court may also impose restitution.
(i) Any person who operates a solid waste facility or collection service after a permit has been revoked shall be,
upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000, or
imprisonment in the county jail not to exceed 90 days, or both. The court may also impose restitution.
(6) 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 a permittee or small quantity generator for the following:
(i) Public health oversight and review required as a result of the health officer’s determination that a
permitted facility or small quantity generator is not in compliance with its permit and/or applicable
regulations and has not met the compliance dates specified in a notice and order to correct violation; or
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(ii) Amendments to an existing public health permit required as a result of the permitted facility not being
in compliance with its permit and/or applicable regulations.
(iii) Second and subsequent reinspections conducted by public health in response to the permittee or small
quantity generator not complying with their permit and/or JCC or the permittee not meeting the
requirements outlined in a notice and order to correct violation.
(b) The noncompliance fee shall not be assessed in addition to the permit fee for permitted facilities where
permit fees, as described in the most recent public health fee schedule, specifically include those public health
activities described in subsection (6)(a) of this section.
(7) Whenever a reinspection fee is assessed by public health, the fee shall be due and payable 30 days after receipt
of the invoice by the permittee.
(8) 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 chapter, or rulesand regulations adopted under it, or any state health law or regulation,
or that otherwise threaten public health.
(9) Imminent and Substantial Dangers. Notwithstanding any provisions of this chapter the health officer may take
immediate action to preventan imminent and substantial danger to the public health by the improper management of
any waste irrespective of quantity or concentration. \[Ord. 6-19\]
8.10.970Appeals and appellate rules.
(1) Three Categories of Decisions. There are established in this code three categories of decisions (as that term is
defined herein) that may be appealed, each category having its own rules. Those three categories are:
(a) Denial of a permit application or suspension of an existing or issued permit, said appeals to be governed by
the provisions of WAC 173-350-710(7) as amended by this code;
(i) The initial appeal by the local health jurisdiction shall be with the health officer.
(ii) The appeal of the health officer’s decision shall be to the Washington State Pollution Control Hearings
Board pursuant to RCW 70.95.210;
(b) Revocation of an existing or issued permit, said appeals to be governed by this section except that appeals
of a permit revocation shall be heard only by the board of health and will not come before the local health
officer; and
(c) Any other decision transmitted, issued, promulgated, distributed or submitted by Jefferson County public
health or its local health officer, said appeals toshallbe governed by this section.,unless the decision is subject
to the enforcement of this Chapter under Title 19 JCC.
(2) How to Appeal. The process described in this section shall apply to any decision, as that term is defined herein,
which is not subject to the provisions of WAC 173-350-710. The person(s) or entity wishing to appeal must fulfill
all of the following obligations:
(a) Notify Jefferson County public health of their request for a hearing within 10 days of the date of the
decision they wish to appeal;
(b) Submit a specific statement(s) in writing describing why error should be assigned to the decision;
(c) Pay the established hearing fee.
(3) Obligations of Public Health upon Receipt of a Request for a Hearing. Upon the appellant’s compliance with
subsection (2) of this section, the local health officer shall notify the appellant of the time, date and place of such
hearing, which shall be set at a mutually convenient time not less than five business days nor more than 30 business
days from the date public health determines the appellant has complied with subsection (2) of this section.
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(4) Hearing Procedures before the Local Health Officer and the Board of Health. Except as noted elsewhere in this
chapter, these rules shall apply to hearings held before the local health officer and the board of health.
(a) Hearings shall be open to the public.
(b) Hearings shall be presided over by the health officer or chair of the board of health.
(c) Such hearings shall be recorded.
(d) Hearings shall be opened with a recording of the time, date and place of the hearing, and a statement of the
cause for the hearing.
(e) The health officer or chair of the board of health shall then swear in all potential witnesses.
(f) The case shall be presented in the order directed by the health officer or chair of the board of health.
(g) The appellant may present his case of rebuttal. The health officer or any member of the board of health may
ask questions. The health officer or chair of the board of health may, at his or her option, allow the opportunity
for a closing statement or summation.
(h) General rights held by all parties include, but are not limited to:
(i) To be represented by an attorney;
(ii) To present witnesses and obtain testimony from them;
(iii) To cross-examine witnesses;
(iv) To object to evidence for specific grounds.
(i) In the conduct of the proceeding, the health officer or chair of the board of health may consider any
evidence, including hearsay evidence, that a reasonably prudent person would rely upon in the conduct of his or
her affairs. Relevant evidence is admissible if in the opinion of the presiding person (chair of the board of
health or health officer) it is the best evidence reasonably obtainable having due regard for its necessity,
availability and trustworthiness; provided, that in passing upon the admissibility of evidence the presiding
person may give consideration to, but shall not be bound to follow, the rules of evidence governing civil
proceedings in matters not involving trial by jury in the superior court of the state of Washington.
(j) Evidence is not admissible if it is excludable on constitutional or statutory grounds or on the basis of
evidentiary privilege recognized in the courts of this state. The health officer shall decide rulings on the
admissibility of evidence, and the Washington rules of evidence shall serve as guidelines for those rulings.
(k) Inasmuch as any appeal to the board of health from a health officer decision is a review on the record, the
health officer shall ensure that the record generated contains testimonial and documentary evidence supporting
the health officer’s determination.
(l) The health officer may continue the hearing to another mutually acceptable date to allow for additional
submission of information or to allow for additional consideration.
(m) Prior to closing of the hearing, the health officer shall issue its oral ruling unless the health officer
determines that the matter should be taken under advisement. Written findings of fact, conclusions of law and
orders shall be served on the appellant within 14 days of the oral ruling. If the matter is taken under
advisement, written findings, conclusions and orders shall be mailed to the appellant within 30 days of the close
of the hearing.
(5) Burden of Proof. Any appellant shall bear the burden of proof, which shall be by a preponderance of the
evidence, i.e., that the appellant’s factual and legal assertions are more likely than not to be true based on the
evidence presented.
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(6) How to Appeal a Decision by the Local Health Officer.
(a) Any person aggrieved by the findings, conclusions or required actions of an administrative hearing shall
have the right to appeal the matter by requesting a hearing before the board of health.
(b) Such notice of appeal shall be in writing and presented to the health officer within 30 days of the health
officer’s decision.
(c) The aggrieved person shall pay the fee established in the public health fee ordinance for an appeal to the
board of health.
(d) The appellant shall submit specific statements in writing of the reason why error is assigned to the decision
of the health officer and 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.
(e) The notice and order to correct violation shall remain in effect during the appeal.
(f) 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 business days of the health officer’s decision. The health officer will
grant or deny the request within five business days.
(g) 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 15 business days or more
than 30 business days from the date the appeal was received by the health officer.
(h) Board of health hearings shall be open to the public and presided over by the chair of the board of health.
Such hearings shall be recorded. Board of health hearings shall be opened with a recording of the time, date and
place of the hearing, and a statement of the cause for the hearing. The hearing shall be limited to argument of
the parties and no additional evidence shall be taken unless, in the judgment of the chair, such evidence could
not have reasonably been obtained through the exercise of due diligence in time for the hearing before the
health officer. Argument shall be limited to the record generated before the health officer unless the chair
admits additional evidence hereunder.
(i) 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 30 business days of the date of the decision.
(7) Rules Specific to a Board of Health Hearing Arising from an Appeal of a Health Officer Decision.
(a) Any appeal to the board of health of a decision made by the health officer shall be considered a “closed
record” hearing.
(b) The record created below, including all documents, records or exhibits as well as the audio or written
transcript of the hearing before the health officer, shall be provided to the board of health by public health.
(c) Upon receipt of the appeal materials transmitted by public health, the board of health shall conduct a
hearing to determine the correctness of the decision by the health officer within 35 days.
(d) The petitioner shall be given at least five days’ notice by certified mail of the time, date and place of said
hearing. Further, if the petitioning party is a person other than the permit applicant or a permit holder, then
notice of the purpose, time, date, and place of said hearing shall likewise be mailed by certified mail to the
permit applicant or permit holder.
(e) No additional testimony, written or oral, will be accepted or reviewed by the board of health.
(f) The parties may submit a brief, legal argument or memorandum of authorities of no more than 10 pages on
their behalf (style requirements: letter-sized paper, one-inch margins on all edges, at least one and one-half
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spaces between lines). This limit may be amended or waived by the chair of the board of health (in writing) if
hardship is shown by the party seeking to submit a longer document.
(g) The parties may make oral argument to the board of health, no longer than 15 minutes per side.
(h) The representative or counsel for the party appealing to the board of health shall be permitted to have a
rebuttal time of not more than five minutes.
(i) The rules listed above at subsections (4)(a) through (d) of this section shall also apply.
(8) Procedural Rules Specific Only to the Board of Health Hearing a Revocation of Permit Case.
(a) Unless otherwise contravened or distinguished here, the rules listed at subsection (4) of this section shall
apply.
(b) Appeals shall be made in writing and shall be signed and dated by the petitioning party.
(c) All parties shall be given an opportunity to present evidence, analysis and recommendations.
(d) The parties are authorized to submit a brief, legal argument or memorandum of authorities of no morethan
10 pages on their behalf (style requirements: letter-sized paper, one-inch margins on all edges, at least one and
one-half spaces between lines). This limit may be amended or waived by the chair of the board of health (in
writing) if hardship is shown by the party seeking to submit a longer document.
(e) Members of the board of health may direct questions to any person providing testimony.
(f) The chairperson of the board of health may permit the presentation of testimony by any nonparty, but only
upon an oral finding by the chairperson that the testimony of the nonparty is not cumulative or repetitive and is
and will be of substantial value to the ultimate decision of the board of health.
(g) Following presentation of evidence and testimony, the chairperson of the board of health shall close the
hearing and initiate discussion with other board members on the matters presented.
(h) Should the board of health require additional testimony, it may continue the hearing to a date and time not
to exceed 35 days following the date of the initial hearing; provided, that at the close of the second public
hearing the board of health may continue its deliberations on the appeal to another time and date not to exceed
35 days following the close of the second hearing conducted to receive additional testimony. There shall be no
extensions past the date of the second hearing without the written consent of all parties to the matter.
(i) A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record
of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the
exclusive record for the decision in accordance with the law.
(j) The board of health shall issue a final ruling in writing and send same to all parties no more than 30 days
after the close of the hearing.
(k) All decisions shall become a part of the record and shall include a statement of findings and conclusions.
(9) Exhaustion of Administrative Remedies. An appellant (aggrieved party) shall not be considered to have
exhausted all of its administrative remedies until such time as it has obtained from the board of health a final and
dispositive ruling.
(10) FurtherAppeals. Unless the challenged decision was of a type subject to the provisions of WAC 173-350-
710(7), a ruling from the board of health constituting a final and dispositive resolution of the issue(s) presented may
only be appealed to the superior court of the state of Washington. \[Ord. 6-19\]
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8.10.980Variances.
(1) Applicability. Any person who owns or operates a solid waste facility may apply to the health officer for a
variance from any subsection of these regulations except as provided in subsection (2)(d) of this section.
(2) Granting Requirements.
(a) The health officer may grant such variance if it finds that:
(i) The solid waste handling practices or site location do not endanger public health, safety or the
environment; and
(ii) Compliance with theregulation from which variance is sought would produce hardship on the
applicant without equal or greater benefits to the public; and
(iii) No other practicable or reasonable alternative exists. A practicable alternative is one that is available
and capable of being carried out after taking into consideration cost, existing technology, and logistics in
light of overall project purposes, and is better for reducing or eliminating impacts to health and the
environment. It may include equipment or facilities not owned by the applicant that could have reasonably
been or be obtained, utilized, expanded, or managed in order to manage, reduce, or eliminate impacts to
health and the environment. A reasonable alternative is one that could feasibly attain or approximate
compliance, but would better reduce or eliminate impacts to health and the environment.
(b) No variance shall be granted pursuant to this subsection until the health officer has considered the relative
interests of the applicant, other owners of property likely to be affected by the waste handling practices, and the
general public.
(c) Any variance or renewal shall be granted within the requirements of this subsection and for time period and
conditions consistent with the reasons therefor, and within thefollowing limitations:
(i) If the variance is granted on the grounds that there is no practicable means known or available for the
adequate prevention, abatement or control of pollution involved, it shall be only until the necessary means
for prevention, abatement or control become known and available and subject to the taking of any
substitute or alternative measures that the health officer may prescribe.
(ii) The health officer may grant a variance conditioned by a timetable if:
(A) Compliance with this chapter will require spreading of costs over a considerable time period; and
(B) The timetable is for a period that is needed to comply with this chapter.
(d) No variance from Chapters 173-350 WAC, Solid Waste Handling Standards, and 173-351 WAC, Criteria
for Municipal Solid Waste Landfills, shall be granted by the health officer except with the approval and written
concurrence of Ecology prior to action on the variance by the health officer.
(e) The health officer may grant variances from these regulations for standards that are more stringent than the
standards of Chapters 173-350 and 173-351 WAC, or from provisions in these regulations that are not
contained in Chapters 173-350 and 173-351 WAC, without Ecology approval.
(3) Application.
(a) The application shall be accompanied by such information as the health officer may require.
(b) An application for a variance, or for the renewal thereof, submitted to the health officer shall be approved or
disapproved by the health officer within 90 calendar days of receipt unless the applicant and the health officer
agree to a continuance.
(c) Notice shall be given by mailing a notice of the variance application to persons who have written to the
health officer asking to be notified of all variance requests.
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(4) Renewal. The health officer may renew any variance granted pursuant to this section on terms and conditions
and for periods that would be appropriate on initialgranting of a variance. No renewal shall be granted except on
written application. Any such application shall be made at least 60 calendar days prior to the expiration of the
variance. \[Ord. 6-19\]
8.10.990Severability.
WAC 173-350-980, Severability, is hereby adopted by reference. \[Ord. 6-19\]
Appendix A REFERENCES
The following is a list of federal, state, and local laws, regulations, and documents referenced in Chapter 8.10 JCC,
Solid Waste Regulations. Copies of these documents may be found at the Port Townsend office of Jefferson County
public health, the Jefferson County Courthouse, or through your local library.
A. Federal:
1. United States Code (U.S.C.):
33 U.S.C.1344Paragraph 404 of the Federal Clean Water Act
(PL 95-217), Permits for Dredged or Fill
Material
42 U.S.C. 300Safe Drinking Water Act (PL 95-523)
42 U.S.C. 2011Atomic Energy Act of 1954
42 U.S.C. 6901Resource Conservation and Recovery Act of
1976 (RCRA)
42 U.S.C. 9601Comprehensive Environmental Response
Compensation and Liability Act of 1980
(CERCLA)
2. Code of Federal Regulations (CFR):
10 CFR Part 20Standards for Protection against Radiation
40 CFR Part 61National Emission Standards for Hazardous
Air Pollutants
40 CFR Part 258Criteria for Municipal Solid Waste Landfills
40 CFR Part 503Standards for the Use or Disposal of Sewage
Sludge
3. Environmental Protection Agency:
SW-846Test Methods for Evaluating Solid Waste,
Physical/Chemical Methods
B. State:
1. Revised Code of Washington (RCW), Chapters:
7.80Civil Infractions
42.17Disclosure –Campaign Finances –Lobbying –Records
43.21ADepartment of Ecology
46.37Vehicle Lighting and Other Equipment
46.55Towing and Impoundment
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70.05Local Health Departments, Boards, Officers –
Regulations
70.93Waste Reduction, Recycling, and Model Litter Control
Act
70.94Washington Clean Air Act
70.95Solid Waste Management–Reduction and Recycling
70.95KBiomedical Waste
76.04Forest Protection
90.48Water Pollution Control
2. Washington Administrative Code (WAC), Chapters:
173-160Minimum Standards for Construction and
Maintenance of Wells
173-200Water Quality Standards for Ground Waters of the
State of Washington
173-201AWater Quality Standards for Surface Waters of the
State of Washington
173-218Underground Injection Control Program
173-240Submission of Plans and Reports for Construction of
Wastewater Facilities
173-303Dangerous Waste Regulations
173-304Minimum Functional Standards for Solid Waste
Handling
173-308Biosolids Management
173-314Waste Tire Carrier and Storage Site Licenses
173-350Standards for Solid Waste Handling
173-351Criteria for Municipal Solid Waste Landfills
173-425Outdoor Burning
197-11SEPA Rules
246-203General Sanitation
246-220Radiation Protection –General Provisions
246-232Radioactive Materials –Licensing Applicability
296-24General Safety and Health Standards
296-62Occupational Safety and Health Standards for
Carcinogens
296-65Asbestos Removal and Encapsulation
480-70Solid Waste and/or Refuse Collection Companies
3. Washington State Department of Ecology (Ecology):
Ecology document Biological Testing Methods
80-12
Ecology document Guidance for Remediation of Petroleum
91-30Contaminated Soils (revised November
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1995)
Ecology document Chemical Testing for Complying with the
93-51Dangerous Waste Regulations
C. Local/Regional:
1. Jefferson County public health:
Jefferson County Comprehensive Solid Waste Management Plan
(JCCSWMP)
\[Ord. 6-19\]
1
Prior legislation: Ord. 2-77.
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Chapter 8.15 ON-SITE SEWAGE CODE
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Chapter 8.15
1
ON-SITE SEWAGE CODE
Sections:
8.15.010 Authority –Scope.
8.15.020 Purpose.
8.15.030 Adoption by reference.
8.15.040 Administration.
8.15.050 Definitions.
8.15.055 Local management plan.
8.15.060 Adequate sewage disposal required.
8.15.070 No discharge to water or ground surface.
8.15.080 On-site sewage system permit.
8.15.090 Design.
8.15.095 Commercial on-site sewage systems.
8.15.100 Community on-site sewage disposal systems.
8.15.105 Subdivision requirements.
8.15.110 Inspection.
8.15.120 Sewage system installer.
8.15.130 Septic tank pumpers.
8.15.140 Operation and monitoring specialist.
8.15.145 Homeowner inspection authorization.
8.15.150 Operation, maintenance and monitoring.
8.15.165 Waiver of state or local regulations.
8.15.170 Appeal –Hearing.
8.15.180 Enforcement –Penalty.
8.15.190 Severability.
8.15.200 Fees.
8.15.210 Effective date.
8.15.220 Conflict.
8.15.010Authority –Scope.
Pursuant to Chapters 43.20 and 70.05 RCW, the Jefferson County board of health is charged with the duty of
protecting the public health and safety of all inhabitants of Jefferson County, and enacting such rules and regulations
as are necessary in order to carry out these responsibilities and provide for the enforcement thereof. The provisions
of this regulation shall apply to all territory within the boundaries of Jefferson County. \[Ord. 6-12\]
8.15.020Purpose.
The purpose of these regulations is to assure protection of public health by:
(1) Minimizing the public health effects of on-site sewage systems on surface water and ground water;
(2) Minimizing the potential for public exposure to sewage;
(3) Establishing design, installation and management requirements for on-site sewage systems to accommodate
long-term treatment and disposal of sewage;
(4) Enhancing protection of environmentally sensitive areas within Jefferson County; and
(5) Compliance with the intent of Chapter 246-272A WAC. \[Ord. 6-12\]
8.15.030Adoption by reference.
The following are hereby adopted by reference as rules and regulations of the Jefferson County board of health:
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(1) Chapter 246-272A WAC, On-Site Sewage Systems Rules and Regulations of the State Board of Health, as it
now exists or hereafter may be amended; and
(2) The July 2012 Washington State Department of Health Recommended Standards and Guidance for Performance,
Application, Design, and Operation and Maintenance, Water Conserving On-Site Wastewater Treatment Systems, as
it now exists or hereafter may be amended, except Subsection A4, Pit Toilets. \[Ord. 8-18 § 3; Ord. 6-12\]
8.15.040Administration.
The JeffersonCounty environmental health director, through authority delegated by the Jefferson County board of
health and the Jefferson County health officer, shall administer these regulations. Fees may be charged for this
administration. \[Ord. 6-12\]
8.15.050Definitions.
In addition to those definitions set forth in Chapter 246-272A WAC the following definitions shall also apply in this
regulation:
“Accessory dwelling unit” means an additional dwelling unit either in or added to an existing single-family detached
dwelling, or in a separate accessory structure on the same lot as the main structure, for use as a complete,
independent living facility with provisions within the accessory dwelling unit for cooking, eating, sanitation, and
sleeping. Such a dwelling shall be considered an accessory use of the main dwelling and be clearly subordinate to
the main dwelling.
“Certification” means a certificate granted by the health officer permitting a person to practice in the field of sewage
disposal as an operation and monitoring specialist, installer, or pumper of on-site sewage systems. This term does
not include a “homeowner inspection authorization,” a term defined elsewhere in this chapter.
“Chain of custody” means a procedure to ensure that samples have been in the possession of, or secured by, an
authorized person at all times from sample collection to receipt by the laboratory. The procedure includes:
(a) Obtaining the sample by health officer or designee with owner or owner representative present.
(b) Assignment of sample ID number.
(c) Labeling/tagging the sample container with assigned number and location taken.
(d) Documentation by authorized sampler of date and location of samples taken.
(e) Delivery by secured means to the certified laboratory.
“Community on-site sewage system” means any on-site sewage system designed to serve two or more independent
stand-alone dwelling units with design flows of up to 3,500 gallons per day. An OSS serving only one single-family
residence plus one accessory dwelling unit is not considered a community on-site sewage system.
“Commercial on-site sewage system” means any nonresidential or combined residential/nonresidential on-site
sewage system with a design flow of up to 3,500 gallons per day.
“Critical areas” means geologically hazardous areas, frequently flooded areas, critical aquifer recharge areas,
wetlands, and fish and wildlife habitat areas, all as defined through Chapter 365-196 WAC as “critical areas” and
regulated in Chapter 18.22 JCC as adopted or hereinafter amended.
“Department” means the Washington State Department of Health.
Design. An on-site sewage disposal system design shall consist of a complete scale drawing of the site plan showing
the proposed sewage disposal system, including all relevant details as specified herein and in Chapter 246-272A
WAC and Jefferson County policies. The design shall use the format and forms provided or approved by JCPH.
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Proper identification and location of soil logs and drainfield components at the site are considered to be part of the
design.
“Designer” means an individual authorized by the Washington State Department of Licensing to perform design
services for on-site wastewater treatment system pursuant to Chapter 18.210 RCW. Throughout this chapter this
term applies to both on-site sewage treatment system designers licensed under Chapter 18.210 RCW and
professional engineers licensed under Chapter 18.43 RCW.
“Dwelling unit” means a unit providing complete independent living facilities for one or more persons, including
permanent provisions for living, sleeping, eating, cooking and sanitation.
“Education contact hours” means contact participation in an organized educational experience led or facilitated by
qualified sponsorship, capable of direction and qualified instruction. Courses must be approved by the health officer
or designee and be sources of expanded knowledge pertaining to on-site sewage treatment and disposal. A copy of
the agenda or syllabus showing date, time, subject matter, presenter, sponsor and evidence of actual participation
must be presented at the time of certification renewal. This evidence could be in the form of a certificate of
completion, a receipt or a copy of the attendance roster of the training event.
“Evaluation of existing system” means a monitoring inspection of an on-site sewage system containing the
information specified on forms approved by JCPH.
“Expansion” means a change in a residence, facility, site or use that:
(a) Causes an on-site sewage system to exceed its existing treatment or disposal capability: for example, when a
residence is increased from two to three bedrooms or there is achange in use of the residence, or a change in
use from an office to a restaurant; or
(b) Reduces the treatment or disposal capability of the existing on-site sewage system or the reserve area: for
example, when a building is placed over a reserve area.
“Failure” means a condition of an on-site sewage system that threatens the public health by inadequately treating
sewage or by creating a potential for direct or indirect contact between sewage and the public. Examples of failure
include, but are not limited to:
(a) Sewage on the surface of the ground;
(b) Sewage backing up into a structure caused by slow soil absorption of septic tank effluent;
(c) Sewage leaking from a septic tank, pump chamber, holding tank, septic system component other than the
drainfield, or collection system;
(d) Cesspools or seepage pits where evidence of ground water or surface water quality degradation exists;
(e) Inadequately treated effluent contaminating ground water or surface water, as demonstrated through (i) a
positive tracing dye result; and (ii) a coliform count of at least 500 organisms per 100 ml of water; or (iii) the
presence of the disposal component of the on-site sewage system located in ground water; or
(f) Noncompliance with conditions stipulated on the OSS permit.
“Fees” means charges as hereinafter authorized and adopted by ordinance by the Jefferson County board of
commissioners or the Jefferson County board of health.
“Gray water” means sewage from bathtubs, showers, bathroom sinks, washing machines, dishwashers,and kitchen
sinks. It includes sewage from any source in a residence or structure that has not come into contact with toilet
wastes.
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“Health officer” means the local health officer of Jefferson County public health, or a representative authorized by
and under the direct supervision of the local health officer, as defined in Chapter 70.05 RCW.
“Homeowner inspector” means a person issued a homeowner inspection authorization by Jefferson County public
health. This term includes other persons, including ownersof commercial property, that receive approval by
Jefferson County public health to complete monitoring inspections of the on-site sewage system serving a
commercial establishment.
“Homeowner inspection authorization” means an authorization granted to an individual who has met the
requirements of JCC 8.15.145(2) and personally holds the responsibility and liability for completing and reporting
monitoring inspections on registered OSS in Jefferson County.
“Installer” means an individual who has passed the Jefferson County installer’s exam, holds a current bond and
insurance as specified in JCC 8.15.120, personally holds an installer’s certificate and directly supervises the
installation and/or repair of an on-site sewage disposal system in Jefferson County.
“JCPH” means Jefferson County public health.
“Modification” means alteration of an existing on-site sewage component that does not result in an increase of the
capacity of the system.
“Monitoring inspection” means an inspection of the components associated with a specific OSS containing the
information specified on forms approved by JCPH.
“Notice of violation” means written determination that an element or section of these rules and regulations has not
been complied with.
“On-site sewage system (OSS)” means an integrated system of components, located on or nearby the property it
serves, that conveys, stores, treats, and/or provides subsurface soil treatment and dispersal of sewage. It consists of a
collection system, a treatment component or treatment sequence, a soil dispersal component, and a reserve area. An
on-site sewage system also refers to a holding tank sewage system or other system that does not have a soil dispersal
component. This includes systems previously defined as:
(a) Conventional: systems consisting solely of a septic tank and a gravity SSAS, or those including a pump to a
gravity SSAS.
(b) Alternative: all systems not defined as conventional, such as pressurized, public domain treatment devices
and proprietary products.
“Operation and monitoring agreement” means a document regarding monitoring of the OSS signed by the owner
and recorded to the property. The document identifies that the property is served by an OSS and describes the
owners’ responsibility to operate, monitor and maintain the system in accordance with state and local requirements.
“Operation and monitoring specialist” means an individual with training, skill, and experience in the maintenance,
monitoring, and operation of an OSS and who is certified by JCPH to inspect and monitor the performance of an
OSS.
“Owner” means title owner, per the assessor’s office, of a particular parcel or property. Residence or domicile at a
particular parcel is not required to satisfy this definition.
“Preoccupancy inspection” means any inspection(s) of the OSS that are required before a certificate of occupancy
can be issued.
“Probation” means a penalty period where the individual committing the violation shall be subject to additional
review, reporting and/or inspection.
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“Proprietary product” means a sewage treatment or distribution technology, method, or material subject to a patent
or a trademark.
“Pumper” means an individual approved and granted a certificate to operate by the health officer to remove and
transport wastewater or septage from septic tanks, pump chambers and portable toilets. Said individuals may repair
baffles within the septic tank, install or repair risers on septic tanks or pump chambers, vacuum and hydro-jet
systems, and install outlet baffle filters in a septic tank.
“Record drawing” means an accurate graphic and written record of the location and features of the OSS that are
needed to properly monitor, operate, and maintain that system.
“Repair” means the reconstruction, relocation, or replacement of any portion of a failed or substandard on-site
sewage system. This includes actions proposed to impact the soils surrounding the disposal component to increase
the dispersal of effluent or remediate clogged soil surfaces.
“Resident owner” means a person who ownsa parcel, per the assessor’s office, and occupies, or intends to occupy,
that parcel.
“Residential sewage” means sewage having the constituency and strength typical of wastewater from domestic
households not containing chemicals or other waste components atypical of a residential source.
“Revocation” means the termination of all the rights and privileges associated with a certification or homeowner
inspection authorization.
“Scale bar” means the graphic representation by which distances can be measured.
“Scum” means lighter solids, such as fats and grease, that rise to the top of a septic tank, holding tank or pump
chamber.
“Septage” means the mixture of solid wastes, scum, sludge, and liquids pumped from within septic tanks, holding
tanks, pump chambers, and other OSS components or removed from grease traps.
“Septic tank” means a watertight treatment receptacle receiving the discharge of sewage from a building sewer or
sewers, designed and constructed to permit separation of settleable and floating solids from the liquid, detention and
anaerobic digestion of the organic matter, prior to discharge of the liquid.
“Sewage disposal permit” means a written permit, including conditions of approval, issued by the health officer or
designee granting permission for the installation, modification, expansion, or repair of an on-site sewage system.
“Site installer” means an individual that has passed the installer’s exam and maintains an annual certificate, but is
working under the direction, insurance and bond of a certified installer.
“Sludge” means heavy solids that settle to the bottom of a septic tank, holding tank or pump chamber.
“Soil log” means a detailed description of soil characteristics providing information on the soil’s capacity to act as
an acceptable treatment and disposal medium for sewage. It includes the excavation as described in WAC 246-
272A-0220(3).
“SSAS” means subsurface soil absorption system, as defined in WAC 246-272A-0010(2).
“Suspension” means the temporary termination of all rights and privileges associated with a certification or
homeowner inspection authorization.
“Violation” means a failure to comply with the provisions of applicable laws, rules or regulations including, but not
limited to, instances or cases when:
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(a) A designer submits a permit application or a record drawing of an on-site sewage disposal system which
contains any significant deviation below the minimum requirements for siting or sizing of on-site waste water
treatment.
(b) An individual designs or installs an on-site sewage system that is not in accordance with the applicable
regulations, or is not fitting the size, shape or topography of the site, within setbacks, as specified in Chapter
246-272A WAC; specification or approval of inadequate construction material, devices or methods.
(c) A system is not installed in accordance with the approved permit.
(d) Installer fails to notify the designer and/or JCPH when site conditions have changed, making installation of
the approved permitted system impossible or impractical.
(e) A pumper disposes of wastewater or septage at an unapproved disposal site.
(f) A designer fails to submit record drawing plans as specified in JCC 8.15.110(5).
(g) An authorized person (including a homeowner inspector) fails to submit required reports to JCPH as
specified in the conditions of the on-site sewage disposal permit or in this chapter.
(h) A certificate holder fails to pay fees as specified by Jefferson County ordinance.
(i) A person holding a certificate or license to install, pump or monitor an OSS fails to report to JCPH within 24
hours any nonfunctioning on-site components that could result in human contact with sewage effluent.
(j) An owner fails to complete required monitoring inspections, comply with the monitoring schedule in Table
1 in JCC 8.15.150 and/or submit the reports to JCPH or the approved entity.
(k) An owner fails to comply with conditions of the on-site sewage permit.
“WAC” means the Washington Administrative Code. \[Ord. 6-12\]
8.15.055Local management plan.
(1) Management and oversight of on-site sewage treatment and disposal systems is intended to result in an effective
means of regulating sewage disposal and necessary to protect the public health, by promoting a comprehensive
approach to sewage treatment and disposal.
(2) A local sewage management plan was adopted in July 2007 as required by Chapter 246-272A WAC. It includes
elements to:
(a) Identify all OSS in Jefferson County; and
(b) Progressively develop and maintain an inventory of all known OSS in operation; and
(c) Facilitate education of homeowners regarding their responsibilities under Chapter 246-272A WAC and this
chapter and provide operation and maintenance information for all types of systems in use; and
(d) Remind and encourage homeowners to complete the operation and maintenance inspections required by
WAC 246-272A-0270 and this chapter; and
(e) Maintain records required; and
(f) Enforce OSS owner permit application, operation, monitoring and maintenance and failure repair
requirements; and
(g) Identify unknown, undocumented or failing OSS.
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(3) The fee will support implementation of the above items and provide support and maintenance of a data base
system for the records of septic system permitting, installation, operation, maintenance and communication with the
responsible parties.
(4) Each on-site wastewater disposal system shall be charged an annual fee as adopted in the environmental health
fee schedule to be collected via the property tax statement to implement the requirements of the Jefferson County
sewage management plan as adopted and hereafter amended.
(5) The fee shall be adjusted annually per Ordinance 08-0918-14, Section 3 –Fees.
(6) Exemption from the Annual Fee. Properties that can demonstrate to the satisfaction of the health officer that they
are connected to an approved municipal sewer system permitted by the Washington State Department of Ecology or
provide documentation thata structure or residential unit is not connected to a water supply and capable of
discharging wastewater can be exempted from the annual fee. Documentation shall be provided via:
(a) Submission of a sewer bill for the residence or structure; or
(b) Application on a form provided by environmental health and inspection by JCPH to verify the stated
conditions.
(c) Information documenting an exemption shall be submitted between January 31st and March 1st of the year
for which an exemption is requested.
(d) This exemption shall not be used for partial reductions of the on-site sewage operation and maintenance
program charge.
(7) On-site sewage systems to be assessed the fee shall be determined based on on-site sewage system records.
(8) Jefferson County public health shall provide information to the JC assessor on new OSS and decommissioned
OSS annually. \[Ord. 5-16 § 1\]
8.15.060Adequate sewage disposal required.
(1) Every residence, place of business, or other building or place where people congregate, reside or are employed
shall be connected to an approved public sewer. If no public sewer is available, the building sewer shall be
connected to an on-site sewage system approved by the health officer. Said sewage disposal system shall be built or
rebuilt, constructed and maintained in such manner as to meet the requirements as prescribed by the health officer in
accordance with minimum requirements and standards of Chapter 246-272A WAC and this code. Such system may
include the use of waterless toilet devices in conjunction with an approved gray water system or other proprietary
products approved by the Washington State Department of Health.
(2) Any unit/facility with the potential to generate waste water by virtue of being equipped with a toilet, sink,
shower or other plumbing fixture shall be connected to an approved public sewer or shall be connected to an on-site
sewage system approved by the health officer.
(3) Any new or replacement residence or commercial structure, or any expansion, as that term is defined in JCC
8.15.050, may be connected to a pre-existing on-site sewage system only when the pre-existing system has hydraulic
capacity, sufficient vertical and horizontal separation, an adequate reserve area and satisfies all other requirements to
be in compliance with current code. \[Ord. 6-12\]
8.15.070No discharge to water or ground surface.
Effluent from any on-site sewage disposal system shall not be discharged directly or indirectly to surface water or
upon the surface of the ground, except where expressly permitted by JCPH or by the Washington State Department
of Ecology. \[Ord. 6-12\]
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8.15.080On-site sewage system permit.
(1) No person shall install or cause to be installed a new on-site sewage system, nor perform any modification,
extension, repair, relocation or connection to an existing on-site sewage system without a valid permit issued by the
health officer.
(2) When applying for a permit to install an on-site sewage system, a detailed to-scale construction plan of the
proposed system and site is required and shall include all items identified herein. Each application shall contain the
information required herein, and those items identified on the septic permit application form as a minimum.
(3) The minimum land area required for approval of an OSS permit shall be determined by either Method 1 or
Method 2 analysis as established in Chapter 246-272A WAC. Applications shall be reviewed in accordance with
Jefferson County Policy 97-2 adopted by the board of health as amended or replaced.
(4) Where more than one lot is required to meet minimum land area requirements for issuance of a permit, a
declaration of restrictive covenant shall be recorded binding together, at a minimum, the lots required to meet the
minimum land area requirements. Any remaining lots not included in the declaration of restrictive covenant must
either meet minimum land area requirements or have a notice recorded to the title stating that the lots do not meet
minimum land area requirements for a septic system and that the lots are not eligible for a waiver under Jefferson
County Policy 97-2 or as amended or replaced.
(5) Permits are transferable with property ownership.
(6) Any sewage disposal permit issued under this section shall be valid for a period of three years from the date of
issuance.
(a) The permit may remain valid if the property for which the permit has been issued also has an active building
permit for a structure that will be connected to the on-site sewage system.
(b) If the system is not installed before the permit expires, a new permit may be applied for, based on standards
in effect at the date of the new application. Information as specified in JCC 8.15.090 shall be submitted with
any new application.
(7) Repair Permit. Repair permits shall expire 90 days from the date of issue. Repair permits may be renewed for an
additional 90 days if the health officer determines it is warranted.
(8) The health officer may revoke or deny a permit for due cause. Examples include, but are not limited to:
(a) Development or continued use of an OSS that threatens the public health;
(b) Misrepresentation or inaccuracy in the construction plan or the permit application, whether intended or
accidental, shall be considered as grounds for invalidating and voidingany application or permit issued under
this section. The applicant or their authorized agent is responsible for the accurate representation of all
information presented to the health officer;
(c) Failure to meet conditions of the permit or the regulations; or
(d) Changes or alterations to the site such as grading, filling, clearing, or burning operations.
(9) Jefferson County public health shall have neither an obligation nor the power to reduce the requirements to
accommodate a designer or installer’s error.
(10) For any on-site sewage system proposed to serve a structure requiring a flood control zone permit under the
provisions of Chapter 86.16 RCW and Chapter 508-60 WAC, or requiring a floodplain certification by Jefferson
County under the provision of the flood damage prevention ordinance, the OSS installation permit shall not be
issued until a flood control zone permit or floodplain certification has been issued in accordance with Chapter 15.15
JCC or subsequent amendments. An OSS installation permit shall comply with the standards in said chapter.
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(11) On-site sewage disposal permits shall comply with regulations and policies established by the state of
Washington, the Jefferson County comprehensive plan, the Jefferson County Code, including, but not limited to, the
Jefferson County critical areas ordinance, the Jefferson County shoreline master plan, the Jefferson County unified
development code and any other duly adopted land use regulations of Jefferson County and the city of Port
Townsend in the case of lands within the city, as adopted or hereinafter amended.
(12) Any pending and all future permits and approvals by the JCPH for the subject property shall be withheld when
written notice of noncompliance with Jefferson County and other applicable codes has been provided to the property
owner. Permits and applications shall be released only upon satisfactory remedy of the noncomplying action or
activity.
(13) No on-site sewage system permit shall be issued for industrial, chemical or hazardous waste disposal.
(14) A soil log report shall be provided on a health department approved form by the individual who performed the
soil evaluation. The report shall identify the date the soil observations were made and the name of the individual
who logged the soilsfor the report. Soils evaluation shall be completed by a designer or professional engineer
licensed in the state of Washington, soil scientist licensed in the state of Washington, the local health officer or
designee.
(15) Uniform soil testing procedures shall be as described under WAC 246-272A-0220 and be used in addition to
the following procedures:
(a) A minimum of two soil logs shall be dug in each, the proposed primary area and the proposed reserve area
of sufficient size and depth to accurately determine site suitability for on-site sewage disposal.
(b) The health officer or designee may require additional soil logs or such further testing as is necessary to
determine the adequacy of a site for on-site sewage disposal.
(c) Where sieve analysis tests are required they shall be completed by a certified lab and chain of custody
requirements shall be followed.
(16) It shall be the responsibility of the owner or owner’s authorized representative to fill/cover the holes provided
for evaluation of the soils for an installation permit or subdivision review within 10 days following notification that
the inspection by the health officer is complete. The property owner shall be notified in writing when the inspection
has been completed.
(17) Any OSS not located entirely on the property originating the sewage must be secured by appropriate easements
and/or covenant recorded with the Jefferson County auditor’s office prior to issuance of the permit unless
specifically waived by the health officer. In all cases the easement or covenant shall be secured and recorded prior to
final approval of the system installation.
(18) Pending On-Site Sewage Disposal Permit Applications.
(a) Applications for which no decision has been issued within 12 months following the date of application, due
to a lack of action by the applicant, and after receipt of written notice of pending expiration, shall expire by
limitation.
(b) The health officer may extend the time for action by the applicant for a period not to exceed 180 days upon
written request by the applicant showing that circumstances beyond the control of the applicant have prevented
action from being taken. No application shall be extended more than once.
(c) In order to renew action on an application after expiration, the applicant shall resubmit the application and
plans, pay current application fees and meet current rules and regulations.
(d) The applicant shall be provided a 60-day notice by certified mail of the pending expiration of a permit
application.
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(e) The statement “Voided –Lack of Action” shall be entered on the record for an expired pending permit
application.
(f) Plans and other data submitted for review shall thereafter be retained as per the Jefferson County records
retention schedule. \[Ord. 6-12\]
8.15.090Design.
(1) All on-site sewage disposal systems shall be designed in accordance with these rules, and the criteria in Chapter
246-272A WAC, by the local health officer, by an on-site sewage system designer licensed by the Washington State
Department of Licensing to perform design work pursuant to Chapter 18.120 RCW or by a licensed engineer
pursuant to Chapter 18.43 RCW.
(2) Permits shall be issued for wastewater meeting domestic waste strength criteria as defined in the “Design
Manual: On-Site Wastewater Treatment and Disposal Systems,” United States Environmental Protection Agency,
EPA-625/1-80-012 and EPA-625/R-00/008 except where modified by, or in conflict with, Chapter 246-272A WAC
or this code. Pretreatment shall be required for nonresidential/high-strength waste streams.
(3) Sewage system sizing criteria shall comply with the standards in Chapter 246-272A WAC.
(a) The number of bedrooms shall include all rooms labeled as bedrooms and any additional heated rooms not
labeled as bathrooms, kitchen, living room and dining room, utility room and one bonus room except that the
sewage system design may be for fewer than determined above if a covenant provided by the health officer and
signed by the property owner is filed and recorded with the Jefferson County auditor, so as to be discovered
during a title search, which declares the maximum capacity in bedrooms of the sewage system.
(b) In no case shall the septic system be sized for fewer bedrooms than the number of rooms labeled as
bedrooms or sleeping rooms such as guest room or bunk room.
(c) The minimum design flow for any dwelling unit is 240 gallons per day.
(4) Reserve Area. As a minimum an area equal to that required for a 100 percent replacement or repair, completely
separate from the primary area, and shown dimensioned on the site plan.
(5) Permit application submittal shall include the following items. Each page shall contain a header with the name
and address of the property owner, and the address or parcel number of the property.
(a) One copy of the JCPH “Septic Permit Application Form” providing all identified information. This form
shall have the signature of the property owner or authorized representative as provided in writing.
(b) Three copies of the design and construction specifications. One copy shall have an original stamp and
designer signature with date prepared.
(c) One copy of the soil log report submitted on a separate eight-and-one-half-inch by 11-inch sheet(s). The
evaluation shall include the date of evaluation and identify the soil evaluator.
(d) One copy of the calculations and assumptions supporting the proposed design including all items outlined in
subsection (7) of this section.
(e) One copy of the following information:
(i) Directions to the site.
(ii) Identification if the parcel is within the boundaries of a sewer utility.
(iii) If connecting to a community OSS provide:
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(A) The name, location and permit number of said system,
(B) The name, address and point of contact with the system’s management entity,
(C) A customer agreement with the management entity that provides a commitment to serve the parcel.
(iv) All easements impacting the OSS or access to the OSS, whether public or private and whether or not
recorded.
(v) All covenants impacting the OSS or access to the OSS, whether public or private and whether or not
recorded.
(vi) One copy of any special reports applicable to the project, such as geotechnical report or wetland
delineation.
(6) Design and construction specifications shall include the following items and those required by Chapter 246-
272A WAC. This portion of the application shall be no morethan 10 pages, 11 inches by 17 inches, unless
specifically authorized by the health officer. All sheets must be at least eight and one-half inches by 11 inches but
not more than 11 inches by 17 inches.
(a) A complete, detailed, and dimensional site plan including:
(i) The date of the design, the designer’s seal and the designer’s signature.
(ii) An overall plan that represents the entire parcel to scale and identifying the location of the system
components. A scale bar is required.
(iii) A scaled drawing of the area within 100 feet of the system that is at an engineering scale not to exceed
one inch equals 50 feet. A scale bar is required.
(iv) Designated and dimensioned areas for the proposed primary system and the reserve area.
(v) The location of all soil logs and other soil tests for the OSS.
(vi) Location of utilities.
(vii) General topography and the percent slope of the site within 100 feet of the system and reserve areas.
(viii) Drainage characteristics.
(ix) The location of existing and proposed encumbrances including legal access documents if any
component of the OSS is not on the lot where the sewage is generated.
(x) An arrow indicating north on all site plans.
(xi) Location of the essential tightline components of the sewage disposal system, including all plumbing
stub outlets between the building(s) and septic tank(s), pump chamber(s), siphon chamber(s), tightline
between septic tank or pump chamber and distribution network and all drainfield lines.
(xii) Identify cuts, banks, terraces, foundations, waters of the state, wells, driveways, waterlines, and
surface or subsurface drains within 100 feet of the system and reserve.
(xiii) Identify the access route or driveway to the site.
(xiv) Clearly indicate scale on each site plan, including a scale bar.
(b) Construction specifications.
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(c) Vertical cross-section drawings showing:
(i) The depth of the disposal component from native grade, the vertical separation, and depth of soil cover;
(ii) Septic tank;
(iii) Pump tank and its components;
(iv) Monitoring and access ports.
(7) Calculations and assumptions supporting the proposed design, including:
(a) Soil type.
(b) Hydraulic loading rate in the disposal component.
(c) Systems maximum and average daily flow capacity and how determined.
(d) Source of the sewage including waste strength characteristics.
(e) Where pumps are included, provide friction loss and dynamic head calculations.
(8) Nothing herein shall preclude the designer from providing supplemental information regarding the design
directly to the client under separate cover.
(9) The proposed drainfield lateral/bed shall be staked in the field for inspection and review unless specifically
waived by the health officer or designee.
(10) Septic tanks shall:
(a) Have watertight pumping access ports to ground surface over both compartments and at the outlet and inlet
to facilitate inspection and maintenance. A homeowner may provide access ports to within six inches of the
surface of the ground; provided, that a written agreement to uncover them for required O&M inspections has
been recorded with the title to the property.
(b) Be set on a self-leveling, stable base.
(11) Distribution boxes shall be fitted with risers to grade. Distribution box risers shall be sized adequately to allow
visible inspection of liquid level in the box, shall be constructed of durable materials and shall be equipped with
secure, tightly fitted lids. \[Ord. 6-12\]
8.15.095Commercial on-site sewage systems.
(1) Commercial on-site sewage systems as defined in this chaptershall be designed according to the standards
contained in Chapter 246-272A WAC and this code.
(2) If the ownership is by more than one individual, a management and operations agreement shall be prepared by
the applicant, approved by JCPH and recorded to the property as a covenant.
(3) All individual connections or separate uses within a commercial development shall be equipped with a water
meter or other approved method for monitoring flows to the on-site sewage system.
(4) All commercial on-site sewage systems shall provide an annual report to JCPH including the following at a
minimum:
(a) Number of connections to the system and each connection’s design flow.
(b) Copies of inspection reports consisting of the items detailed in JCC 8.15.150(7) completed per Table 1.
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(c) Records identifying any maintenance completed on the system components. \[Ord. 6-12\]
8.15.100Community on-site sewage disposal systems.
(1) Community on-site sewage systems as defined in this chapter shall be designed in accordance with Chapter 246-
272A WAC, this code and the maintenance criteria as set forth in the current Washington State Department of
Health “Design Standards for Large On-Site Sewage Systems,” 1996, and Chapter 246-272B WAC or as they may
be hereafter amended.
(2) Management of community on-site sewage systems shall be by an entity approved by JCPH. If the lots are
individually owned the management shall in all cases be providedby a public entity. A homeowners’ association is
not considered an approved entity for the management of a community on-site sewage system.
(3) A covenant shall be recorded to the property and shall remain in place for the life of the on-site sewage system or
until the on-site sewage system is no longer needed. It shall provide the management entity the following items,
including but not limited to:
(a) A legal easement allowing access for construction, operation and maintenance, and repair of the OSS; and
(b) Identification of an adequate financing mechanism to assure the funding of operation, maintenance, and
repair of the OSS.
(4) All lots, parcels, or individual connections to a community system shall be equipped with a water meter or other
approved method for monitoring flows into the system.
(5) Sites proposing community systems shall conform to the minimum land area requirements of Chapter 246-272A
WAC.
(6) All community on-site sewage systems shall provide an annual report to JCPH including the following at a
minimum:
(a) Number of connections to the system and each connection’s design flow.
(b) Copies of inspection reports consisting of the items identified on forms provided or approved by JCPH per
JCC 8.15.150(10) and completed per JCC 8.15.150(7).
(c) Records identifying all maintenance completed on the system components. \[Ord. 6-12\]
8.15.105Subdivision requirements.
(1) A person proposing the development of subdivisions, planned unit developments, binding site plans and other
land division shall obtain approval from the health officer, where the use of OSS is proposed, prior to any
development.
(2) The proposal shall comply with the standards of WAC 246-272A-0320 and the Jefferson County unified
development code as amended.
(3) Where preliminary approval is requested the following shall be submitted at the time of application:
(a) Applicable fees.
(b) Preliminary plan of the proposal showing the layout of the lots.
(c) A soils report and preliminary plan submitted by a licensed designer or licensed professional engineer that:
(i) Shows an area for each proposed lot/segregation that is suitable for on-site sewage disposal, and
(ii) Provides a minimum of four test pits, two feet by four feet by six feet deep, two in the area of the
primary drainfield and two in the area of the reserve. Test pits shall be flagged with the lot number, and
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(iii) Identifies the locations of the test pits on the preliminary plan.
(d) Soil test pits shall be made available for observation by health department staff and must be filled in upon
completion of review and notification of such by the health department.
(e) Statements as to the type of potable water supply.
(4) To Obtain Preliminary Approval.
(a) The health department staff shall review the application and perform field visits.
(b) The highest anticipated ground water table elevation shall be determined. The health officer or designee
may require an evaluation during the months of suspected high water table conditions where less than 18 inches
of usable soil is observed.
(c) Lot sizes shall meet minimum area requirements.
(d) Soils suitable for the installation of OSS must be identified for each lot.
(e) Conceptual or detailed designs may be required by the health officer or designee.
(f) An evaluation of all existing on-site sewage systems within the bounds of the project shall be completed by
an entity authorized by the health officer or designee.
(g) Wherea community system or large on-site sewage system is proposed as the method of sewage disposal, a
preliminary layout design of the system must be submitted to the health department as well as a letter from an
approved management entity indicating that they will meet the standards of JCC 8.15.100.
(h) For the water supply a utility service review shall be completed.
(i) Public water supplies shall be developed consistent with provision of the Jefferson County coordinated
water system plan, Washington State Department of Health drinking water regulations, Chapter 246-290
WAC as amended, and Washington State Department of Ecology water rights provisions, Chapter 90.03
and/or 90.44 RCW.
(ii) Wells, whether individual or public, shall not encumber adjacent property owner(s) and shall be
protected by a sanitary control area of a 100-foot radius. If a sanitary control area of a 100-foot radius
cannot be met, evidence of adjacent property owners’ written consent shall be submitted to the health
department. For existing wells the sanitary control area shall be established by covenant and portrayed
graphically on the face of the plat.
(5) To Obtain Final Approval.
(a) All conditions of the preliminary approval shall be met.
(b) The locations of test pits used for the preparation of the soils report shall be portrayed on the final plat.
\[Ord. 6-12\]
8.15.110Inspection.
(1) An initial inspection by the health officer or designee shall be conducted to verify soil and site conditions for the
proposed design unless expresslywaived by the health officer.
(2) The health officer or designee may make inspections during construction to determine compliance with these
regulations.
(3) It shall be the responsibility of the installer of the system to notify the designer for inspections as specified in the
design or in permit conditions.
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(4) It shall be the responsibility of the installer of the system to notify the health department within one working day
prior to commencement of system construction of the intent to install the system. This shall be done by means of a
start card to be submitted by fax or emailed to a designated address.
(5) Final Inspection.
(a) A pre-cover inspection shall be conducted on all systems by the designer of record or other licensed
designer or engineer where that person is taking responsibility to certify the system installation.
(b) For pressurized or proprietary systems:
(i) The designer shall be responsible for all inspections during the construction of the OSS.
(ii) After completion of the system, when the system is fully functional the designer shall contact the
health officer or designee to schedule a joint inspection of the OSS.
(c) The designer of record or other licensed designer or engineer where that person is taking responsibility to
certify the system installation shall submit a record drawing of the system installation, including the items
specified in this section.
(d) No part of any on-site sewage system installation shall be put into use until final approval has been obtained
from the health officer or designee.
(6) Partial installation may be allowed and shall be subject to all of the following requirements and limitations:
(a) Installation shall take place prior to the expiration date of the permit; and
(b) The health officer or designee shall be notified of the intent to install the system as described in this section;
and
(c) At a minimum the treatment and disposal components shall be installed; and
(d) The system shall be vested only for the portions that are installed; and
(e) The system shall be subject to review at the time of building permit for a structure to use the system under
JCC 8.15.060(3); and
(f) A report shall be submitted by the designer of record or other licensed designer or engineer where that
person is taking responsibility to certify the system installation. The report shall provide details on what was
installed and shall be accompanied by a drawing locating the components that were installed prior to the
expiration of the permit.
(g) An additional inspection and/or permit, with appropriate fees, may be required to complete the installation
and finalize the system.
(7) Final approval of on-site systems by the health officer can be made only after:
(a) Satisfactory inspection of the installed system;
(b) Receipt by JCPH of record drawings of the final construction with the operational settings and installation
data report;
(c) Receipt of the homeowner operations and monitoring manual; and
(d) Compliance with installation conditions of the permit.
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(8) If installation or workmanship of the on-site sewage system does not meet the requirements of this code or
conditions of the permit, the health officer or designee shall order corrections and cause a subsequent inspection to
be made. Fees may be charged for subsequent inspections.
(9) Designer Inspections. Nothing contained herein shall prohibit the designer of record from requiring additional
designer-performed inspections to ensure compliance with the design and regulations.
(10) Record Drawings.
(a) After installation of the sewage disposal system has been completed, a scaled and dimensional record
drawing of the sewage disposal system shall be prepared by the designer of the system on forms provided or
approved by JCPH.
(b) The record drawing shall include:
(i) Information identified on the JCPH “Final Inspection Report” form as applicable to the system
installed;
(ii) Measurements to existing site features enabling the first tank manhole to be easily located;
(iii) A dimensioned reserve area;
(iv) For repaired or altered OSS, thenew, repaired or altered components with their relationship to the
existing system;
(v) North direction indicated;
(vi) Location of all sewage system components;
(vii) Stub outs;
(viii) Tightlines;
(ix) Pump and/or siphon chamber(s);
(x) D-box(s);
(xi) Drainfield lines or bed and fill area(s) when applicable;
(xii) Other treatment components –sand filter, proprietary device, disinfection unit;
(xiii) Driveway –existing and/or proposed;
(xiv) Building(s) size, shape and placement;
(xv) Water line(s);
(xvi) Location of utility and/or other easements;
(xvii) Slope(s) –direction and percent;
(xviii) Cuts, banks, terraces;
(xix) Foundations;
(xx) Property lines;
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(xxi) Surface waters, springs, wells;
(xxii) Additional information as required for systems that are covered by Washington State guidelines;
(xxiii) Designer’s stamp and signature, and date of installation;
(xxiv) Other pertinent information.
(11) The designer shall provide to the property owner:
(a) One copy of the homeowners operations and monitoring manual; and
(b) The “record drawing” of the completed system with the operational settings and installation data.
(12) A preoccupancy inspection prior to occupancy of a residence shall be required if there were no permanent
structures connected to the OSS and the system requires a pump or siphon or there was not permanent power wired
to a permanent structure connected to the OSS at the time of finalization of the OSS permit. This inspection may be
performed by the health department, designer, or a certified operations and maintenance specialist. This inspection
shall verify that conditions are consistent with the final inspection and system settings are the same. The inspection
report shall be submitted on forms provided or approved by JCPH. Fees shall be charged for inspection. \[Ord. 6-12\]
8.15.120Sewage system installer.
(1) Certificate Required. It shall be unlawful for any person, firm or corporation to engage in construction,
alteration, repair or modification of on-site sewage systems without first having been issued a septic system
installer’s certificate by the health officer.
(2) Requirements for sewage system installer shall include the following:
(a) Application shall be made on forms provided by the health officer.
(b) Certificate and/or application fees as set forth in the fee schedule shall be payable to JCPH.
(c) Written proof showing a minimum of one year of experience under the direct supervision of a certified
installer, designer oroperation and monitoring specialist. Completion of classroom training specific to on-site
sewage system installation as approved by JCPH may be substituted for up to six months of work experience.
(d) Such certificate shall be issued only after the applicant has indicated a basic knowledge of the proper
installation and function of a sewage system and knowledge of the provisions of this chapter and Chapter 246-
272A WAC by successful completion of a JCPH examination. If the applicant scores below 70 percent, a
license shall not be granted and the applicant may request to take the next available examination. Fees for
reexamination shall be required.
(3) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal
applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted
to the health officer no later than March 1st. The certificate shall not be issued or renewed if the applicant is found
by the health officer to be out of compliance or in violation of the provisions of this chapter.
(4) Lapse of certification for lack of bond, payment of fees or verification of continuing education shall require
completion and passage of the JCPH examination and provision ofitems identified.
(5) An installer’s certificate is not transferable.
(6) An installer’s certificate grants authority to install any on-site sewage system approved for use in the state of
Washington, except in the case of a proprietary product where a special authorization, in writing, is required by the
manufacturer or patent holder.
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(7) A Jefferson County certified installer, or site installer as defined in JCC 8.15.050, shall be present on the site
during all phases of system installation.
(8) Maintenance items, including those listed in JCC 8.15.140(4)(b) and WAC 246-272A(2), shall be reported on an
inspection report to JCPH in an approved format.
(9) Exception. A bona fide resident owner may construct, alter, repair, or modify a permitted on-site sewage system
on his/her own property for his/her own use without obtaining an installer’s certificate, provided:
(a) That he/she complies with other terms of this chapter, WAC 246-272A-0250; and
(b) That he/she installs no more than one system in any one calendar year; and
(c) The on-site sewage system is intended to serve the primary residence of the owner; and
(d) The resident owner does not arrange for, nor contract, nor hire, with or without reimbursement, any person
or concern to perform that work, unless that person is a Jefferson County certified sewage system installer as
set forth in this section; and
(e) The sewage system is located on the same lot as the residence or situated on adjoining property controlled
by the owner and legally listed as an encumbrance; and
(f) Prior to beginning installation the health officer or designee and the designer are contacted to schedule
required inspections.
(10) A property owner may not install the OSS and its components, unless specifically allowed by the health officer
or designee, if the site meets any of the following criteria:
(a) Has horizontal or vertical separations less than required in Chapter 246-272A WAC;
(b) Receives commercial or industrial wastewater as defined in Chapter 246-272A WAC;
(c) Is permitted as a nonconforming repair;
(d) Has a reduced drainfield size of 50 percent or less;
(e) Is within 200 feet of surface water, as measured from the ordinary high water mark;
(f) Is within 200 feet of a Category I or II wetland;
(g) Is in a 100-year floodplain, as defined by the Federal Emergency Management Agency;
(h) Is in a special aquifer recharge protection area as defined in JCC 18.22.100 or as amended;
(i) Is in a marine recovery area;
(j) Is adjacent to a marine shoreline.
(11) Site Installer. A certified sewage system installer may sponsor a site installer to be responsible for compliance
with Chapter 246-272A WAC. The certified installer shall inform the health officer of the site installer’s name(s)
and of any changes in employment statusof sponsored site installers. Site installers must pass the installer’s exam
and maintain their annual certificate.
(12) Bond and Insurance Required. Prior to the issuance of a sewage system installer’s certificate, the applicant must
be in possession of a bond obtained in accordance with the special or general contractors laws of the state of
Washington running to Jefferson County public health on a form approved by JCPH in the sum of $20,000 and
executed by a surety company duly authorized to do businessin the state of Washington. The bond shall be
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conditioned that the holder of the certificate and his/her agents, in performing work governed by these rules and
regulations, shall exercise all reasonable care and skill and shall comply with all the terms and conditions of these
rules and regulations. The bond must be kept in effect during the period of time for which the certificate is issued
and cancellation of the bond shall automatically suspend the certificate. The bond shall run for a period of 36
months following termination of the certificate. Applicant shall provide proof of business liability insurance in the
minimum amount of $500,000 in accordance with the special or general contractors laws of the state of Washington;
except, site installers working for or under the direction of a general contractor who is also a certified installer may
have this requirement waived if the general contractor provides a written statement indicating their assumption of
responsibility for the individual’s work, and agreement to coverage of the individual by the general contractor’s
bond and liability insurance.
(13) Continuing Education. Each installer shall obtain a minimum of eight hours of approved classroom training
every two years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the health
officer. Proof of training shall be submitted annually with application for certificate renewal.
(14) Suspension/Revocation. A sewage system installer’s certificate may be revoked or suspended as set forth in
JCC 8.15.180 if he/she has been found to be in noncompliance with provisions of this chapter or has performed with
negligence, incompetence or misrepresentation. \[Ord. 6-12\]
8.15.130Septic tank pumpers.
(1) Certificate Required. It shall be unlawful for any person, firm, or corporation to engage in the activity of
cleaning any septic tank, pump chamber, chemical toilet, or removing other accumulations of sewage without first
having obtained a septic tank pumper’s certificate from the health officer.
(2) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal
applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted
to the health officer no later than March 1st. The certificate shall not be issued or renewed if the applicant is found
by the health officer to be out of compliance or in violation of the provisions of this chapter.
(3) A septic tank pumper’s certificate is not transferable.
(4) Septage Disposal Site Approval. It shall be unlawful to dispose of septic tank pumpings or other accumulated
sewage at any location other than disposal sites designated and approved by the Washington State Department of
Ecology.
(5) No material/substance shall be discharged into any component of the OSS during pumping or maintenance
excepting that tank(s) may be filled with water to prevent floatation.
(6) Access risers and monitoring ports shall be secured againsttampering and accidental access prior to leaving a
site where a tank has been serviced or inspected.
(7) Reporting Requirements.
(a) Each pumper shall submit to the health officer not later than the tenth day of each month a report on a form
provided by JCPH. Said report shall contain:
(i) The dates, sources, disposal site, disposal receipts, and volume of each load of wastes handled from the
preceding calendar month.
(ii) Vacuuming system on each occurrence with the date and physical address and property owner name.
(iii) Hydro-jetting system on each occurrence with the date and physical address and property owner
name.
(iv) Each pumper shall list portable toilet locations, the frequency of service and the disposal location on
the monthly report.
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(b) Each pumper shall complete an inspection report at each site where a holding tank, septic tank or pump
chamber is serviced. Inspection reports shall be submitted in the format and manner prescribed by JCPH. Said
report shall include at a minimum the following information:
(i) Measured depth of scum and sludge in the septic tank and pump chamber if present.
(ii) Condition of tank(s), baffles, risers, screens.
(iii) Signs of backflow from drainfield.
(iv) Signs of ground water infiltration into tank(s).
(c) By submitting these reports, the pumper affirms that they have performed inspection of the items under
subsection (7)(b) of this section and accurately reported the results.
(8) Pump Tank Requirements. Pumping equipment must be presented to JCPH for inspection at the time of
certificate application and renewal or upon request of the health officer.
(a) The pump tank must be of at least 1,000 gallons in capacity and must be in good repair and of cleanable
construction.
(b) All hoses and pumping equipment shall be kept in a clean and sanitary condition while stored or in transit.
(c) All discharge valves shall be in good repair, free from leaks and be fitted with watertight caps.
(d) The name of the operating firm shall be prominently displayed on the sides of the vehicle.
(9) Bond Required. Prior to the issuance of a septic tank pumper’s certificate, the applicant must post a bond with
JCPH in a form approved by the prosecuting attorney of Jefferson County, and executed by a surety company
authorized to do business in the state of Washington, in the sum of $2,000.
(10) Continuing Education. Each pumper shall obtain a minimum of six hours of approved classroom training every
two years. Subject matter must be directly related to on-site sewage disposal and be acceptable to the health officer.
Proof of training shall be submitted annually with application for renewal.
(11) Suspension/Revocation. A septic tank pumper’s certificate may be revoked or suspended as set forth in JCC
8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has performed with
negligence, incompetence or misrepresentation. \[Ord. 6-12\]
8.15.140Operation and monitoring specialist.
(1) Certificate Required. It shall be unlawful for any person, firm or corporation to engage in any operation and
maintenance or monitoring inspection required by JCPH without first having been issued an operation and
monitoring specialist certificate bythe health officer, except as identified in JCC 8.15.150(6).
(2) A sewage system operation and monitoring specialist certificate shall not be transferable.
(3) Requirements for monitoring specialist certificate shall include all of the following:
(a) Application shall be made on forms provided by the health officer.
(b) Certificate and/or application fees as set forth in the fee schedule shall be payable to JCPH.
(c) Written proof showing a minimum of one year of experience under the direct supervision of a certified
installer, designer or operation and monitoring specialist or other experience as approved by the health officer.
Completion of classroom training specific to on-site sewage system operation and maintenance as approved by
JCPH may be substituted for up to six months of work experience.
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(d) Written proof of completion of a minimum of 16 education contact hours in on-site wastewater treatment,
operation and maintenance at the Northwest On-Site Wastewater Training Center or equivalent.
(e) Take andpass a written examination to verify the applicant’s knowledge of the operation and monitoring
requirements, both herein and in Chapter 246-272A WAC or as amended, for the on-site sewage systems
approved by the Washington State Department of Health, excepting those proprietary devices requiring a
special authorization from the system proprietor. A passing score is a minimum of 70 percent correct.
(4) Scope of Practice.
(a) The operations and monitoring specialist may complete regular monitoring of an on-site sewage system
including:
(i) Measuring levels of sludge, scum and liquid in the system components,
(ii) Visual evaluation of the condition of all system components,
(iii) Inspect and report the condition of system components, monitoring ports and the surface above the
drainfield/disposal area,
(iv) Record information from devices such as cycle counter or operating hour meters and water meters.
(b) The operations and monitoring specialist may complete the following maintenance if authorized by the
homeowner:
(i) Clean pump screen or outlet baffle screen,
(ii) Install and repair septic tank lids, risers and baffles,
(iii) Install or adjust flow distribution devices in a distribution box,
(iv) Replace pumps, float switches, and check valves intended to prevent the back flow of effluent into the
pump chamber, within Washington State Labor and Industries requirements,
(v) Make repairs to a septic tank or pump chamber to correct a condition ofground water intrusion or
leakage,
(vi) Excavate for purposes of affixing sweeping 45-degree-angle lateral ends and removable end caps on
manifolds and lateral lines, for purposes of maintenance, such as flushing, jetting and brushing.
(c) The operations and monitoring specialist shall not:
(i) Pump the septic tank and/or pump chamber, except in the case where he/she also holds a valid septic
tank pumper’s certificate;
(ii) Excavate an OSS’s drainfield or any drainfield component, except as stated in subsection (4)(b) of this
section, or in the case where he/she also holds a valid installer’s certificate;
(iii) Alter devices such as cycle counters or operating hour meters without the prior written approval of
JCPH;
(iv) Alter or replace any portion of the subsurface disposal component or pretreatment components, except
as stated in subsection (4)(b)(vi) of this section and except in the case where he/she also holds a valid
installer’s certificate and a permit has been obtained for such work; or
(v) Replace or alter devices that monitor or regulate the distribution of the effluent, except as noted in
subsection (4)(b)(iii) of this section.
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(d) The operations and monitoring specialist may expose portions of the OSS to create a scaled location
diagram with measurements to permanent objects. To complete or final a permit the OSS components must be
verified by JCPH inspection.
(e) Access risers and monitoring ports shall be secured against tampering and accidental access prior to leaving
a site where an OSS has been serviced or inspected.
(5) The operations and monitoring specialist shall report failure of an on-site sewage system to JCPH within 24
hours of first identifying the failure.
(6) Inspection reports shall be submitted by the operations and monitoring specialist to JCPH or other authorized
agency within 30 days following the inspection.
(a) The reports shall be submitted in the format and manner prescribed by JCPH.
(b) Fees shall be charged for each report submitted, with the exception of those submitted within 60 days to
follow up on corrections identified in a previous report.
(c) Fees due to Jefferson County for submittal of inspection reports shall be payable within 30 days of invoice.
(d) By submitting the report the operation and monitoring specialistsaffirm that they have performed and
accurately reported all current system and site conditions.
(i) At a minimum, the monitoring inspection shall include a site visit and a visual inspection of all tanks,
pump basins, treatment units, disposal area and other components of the system as detailed on the record
drawing or site plan on record.
(e) Maintenance items completed, including those listed in subsection (4)(b) of this section, shall be reported on
an inspection report to JCPH in an approved format within 30 days of completion.
(7) For proprietary products that require monitoring and maintenance by an authorized person, an O&M specialist
shall not monitor and maintain these products unless he/she has obtained written authorization from the
manufacturer or patent holder.
(8) Continuing Education. Each operations and monitoring specialist shall obtain a minimum of eight hours of
approved classroom training pertaining to on-site sewage treatment and disposal every two years. Proof of training
shall be submitted annually with application for renewal.
(9) Bond Required. Prior to the issuance of an operation and monitoring specialist certificate, the applicant must be
in possession of a bond obtained in accordance with the special or general contractors laws of the state of
Washington and provide proof of business liability insurance in the minimum amount of $500,000.
(10) Renewal of Certificate. Application is required annually for certificate renewal. All certificate renewal
applications, along with the required bond, renewal fee, and verification of continuing education, shall be submitted
to the health officer by March 1st.
(a) The certificate shall not be issued or renewed if the applicant is found by the health officer to be out of
compliance or in violation of any provision in this chapter.
(b) After March 1st of any particular year, the certificate issued for the prior year shall become void.
(c) If an O&M specialist’s certification lapsesor becomes void the applicant cannot renew a certificate. The
individual must comply with all requirements of this section in the same manner as a new applicant, including
passing the written exam.
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(11) JCPH reserves the right to observe, audit, or inspect the on-site sewage system and related activities of
certificate holders.
(12) Suspension/Revocation. An operation and monitoring specialist’s certificate may be revoked or suspended as
set forth in JCC 8.15.180 if he/she has been found to be in noncompliance with the terms of this chapter or has
performed with negligence, incompetence or misrepresentation. \[Ord. 6-12\]
8.15.145Homeowner inspection authorization.
(1) Inspection Authorization Required. A property owner may complete monitoring inspections required in this code
for the system types and at the frequency identified in Table 1 in JCC 8.15.150 after receiving a homeowner
inspection authorization from the health officer.
(a) Authorization allows the authorization holder to inspect an eligible on-site sewage system serving the
single-family residence, duplex or other structure appurtenant to the single-family residence on property that
he/she owns. See subsection (3) of this section for exceptions.
(b) Authorization for properties that include a commercial activity, including those categorized as a “home
business” under JCC Title 18, may be considered based on a number of factors including but not limited to
waste strength, use of hazardous materials, proximity to surface water, and others as determined by the health
officer.
(c) At the time of authorization a homeowner must register for each OSS where they will be conducting a
monitoring inspection. The homeowner must list the assessor’s parcel number and septic case number for each
such OSS that willbe subject to the homeowner inspection authorization.
(d) A homeowner inspection authorization is issued to a specific individual and shall not be transferable.
(e) A homeowner inspection authorization is valid for the period of ownership of the specific on-site sewage
system(s) listed in the initial property/system registration. Reauthorization is required for a new property or
new on-site sewage system on the property;
(2) Requirements for a homeowner inspection authorization shall include all of the following:
(a) Application shall be made on forms provided by JCPH and shall specify the OSS(s) to be inspected.
(b) Authorization and/or application fees as set forth in the fee schedule shall be payable to JCPH at the time of
application submittal.
(c) Submit documentation to JCPH showing satisfactory completion of JCPH approved training. Training must
include:
(i) Basics of OSS operation, monitoring and maintenance; and
(ii) How to conduct a monitoring inspection and report the results.
(d) Take and pass an examination from a JCPH approved agency within the past year to verify the applicant’s
knowledge of the operation and monitoring for their system;
(3) A family member may apply to perform the monitoring inspection and submit the reportfor an eligible OSS
owned by an infirm elderly, disabled parent or disabled immediate family member.
(a) The owner must sign the application and acknowledgment that they are responsible for the inspection.
(b) The owner must complete the approved training.
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(c) The person proposing to perform the monitoring inspection must meet all requirements identified in
subsection (2) of this section and document on the report that they completed the inspection.
(d) The requirements of subsections (3)(a) and (b) of this section may be waived by the health officer if
circumstances do not allow the owner to sign and acknowledge the application or take the training.
(e) Application to complete a monitoring inspection for a nonfamily member may be considered by the health
officer on a case by case basis;
(4) The homeowner inspection authorization does not authorize the holder of that authorization to:
(a) Repair an OSS of which they are not a resident owner;
(b) Inspect or maintain a proprietary product that requires monitoring and maintenance by a manufacturer
authorized person, unless they provide written documentation from the manufacturer that they have received
training and are authorized to complete inspections and maintain the specific product;
(5) The homeowner inspection authorization holder shall report failure of an on-site sewage system to JCPH within
24 hours of first identifying the failure;
(6) Monitoring inspection reports shall be submitted by the authorization holder to JCPH or other authorized agency
within 30 days following the inspection;
(7) The reports shall be submitted in a format and manner prescribed by JCPH; and
(8) Shall be accompanied by the required fees with the exception of those submitted within 60 days to follow up on
corrections identified inthe previous report;
(9) For each monitoring inspection report submitted the homeowner will affirm that they have reviewed the
approved course materials and the field inspection guide.
(10) JCPH reserves the right to observe, audit, or inspect the on-sitesewage system and related activities of
homeowners authorized to complete inspections under this section.
(11) Suspension/Revocation. A homeowner inspection authorization may be suspended or revoked as set forth in
JCC 8.15.180 if he/she has been found tobe in noncompliance with the terms of this chapter or has performed with
negligence, incompetence or misrepresentation. \[Ord. 6-12\]
8.15.150Operation, maintenance and monitoring.
(1) Responsibility of Owner(s). The owner of every residence, business, or other place where persons congregate,
reside or are employed that is served by an OSS, and each person with access to deposit materials in the OSS shall
use, operate, and maintain the system to eliminate the risk to the public associated with improperly treated sewage.
Owners’ duties are included, without limitation, in the following list:
(a) They shall comply with the conditions stated on the on-site sewage permit.
(b) They shall employ an approved pumper to remove the septage from the tank(s) when the level of solids and
scum indicates that removal is necessary. The septic tank shall be pumped when the total amount of solids
equals or exceeds one-third the volume of the tank. The pump and/or siphon chamber(s) shall be pumped when
solids are observed.
(c) They shall not use water in quantities that exceed the OSS’s designed capacity for treatment and disposal.
(d) They shall not deposit solid, hazardous waste, or chemicals other than household cleaners in the OSS.
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(e) They shall not deposit waste or other material that causes the effluent entering the drainfield to exceed the
parameters of residential/household waste strength.
(f) They shall not build any structure in the OSS area or reserve area without express, prior consent of the
health officer.
(g) They shall neither place nor remove fill over the OSS or reserve area without express, prior consent of the
health officer.
(h) They shall not pave or place other impervious cover over the OSS or reserve area.
(i) They shall divert drains, such as footing or roof drains, away from the area of the OSS.
(j) They shall comply with inspection requirements in this section, and JCPH Policy 04-01 as adopted by the
board of health as amended or replaced.
(k) They shall provide maintenance and needed repairs to promptly return the OSS system to a proper operating
condition. They shall obtain permits where required by local and state codes.
(l) They shall ensure that all monitoring and maintenance is performed by an authorized person and reported to
JCPH in the prescribed time frame and approved format.
(m) They should not dispose of excess food waste via a garbage disposal.
(n) They should not drive, park or store vehicles or equipment over the drainfield or reserve area.
(o) They should not allow livestock access to the OSS area or reserve area.
(p) They shall comply with WAC 246-272A-270.
(q) They may complete monitoring inspections for any eligible OSS serving a single-family residence or duplex
on property they own at the frequency identified in Table 1 after meeting the requirements of JCC 8.15.145(2).
(2) Breach of Owner’s Responsibilities. An owner’s or occupier’s failure to fulfill any of the responsibilities in
subsection (1) of this section shall be a basis for a notice of violation and for the health officer to decline to issue
approval for further development on the parcel.
(3) Where a proprietary product is included as a part of the on-site sewage system, a restrictive covenant shall be
placed on the title of the property providing notice that the site is served by an alternative method of sewage disposal
and requires regular maintenance that must be performed by a person authorized by the device manufacturer and
certified by JCPH. This notice shall be recorded prior to final approval of the system on forms approved by JCPH.
(4) The health officer shall be responsible to make available written guidance on the proper maintenance and
operation of the OSS to the owner. Information shall be made available to the public by JCPH.
(5) The health officer shall be responsible to retain access to monitoring information submitted to JCPH according to
the records retention schedule for review by property owner or interested parties.
(6) Certificate or Authorization Required for Monitoring and Maintenance.
(a) It shall be unlawful for any person, firm or corporation, other than JCPH, to engage in any monitoring
inspection required under these regulations without holding either:
(i) A valid operations and monitoring specialist certification from JCPH; or
(ii) A valid license from the Washington Department of Licensing to design on-site sewage systems
pursuant to Chapter 18.120 RCW; or
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(iii) A licensed engineer pursuant to Chapter 18.43 RCW; or
(iv) A valid homeowner inspection authorization for a specific property or properties.
(b) It shall be unlawful for any person, firm, or corporation to perform maintenance on an OSS without holding
a valid designer license or certification from JCPH as an installer, O&M specialist, or pumper. This includes
vacuuming or jetting an OSS; except, property owners may perform maintenance on their own OSS.
(7) On-Site Sewage System Inspection Requirements.
(a) The owner shall assure that the OSS receives a complete evaluation of the system components and/or
property to determine functionality, maintenance needs and compliance with regulations and any permits:
(i) At least once every three years for all systems consisting solely of a septic tank and gravity drainfield;
(ii) Annually for all other systems unless more frequent inspections are specified by these regulations or
the local health officer.
(b) On-site sewage systems in Jefferson County shall be inspected at the identified frequency by an approved
monitoringentity that meets the standards in JCC 8.15.140 or 8.15.145 when and where applicable. See Table
1.
(c) Annual monitoring inspection by a certified O&M specialist or licensed designer is required for an OSS
that:
(i) Receives wastewater of greater than residential strength.
(ii) Receives wastewater from a food-service establishment.
(iii) Includes an aerobic treatment unit, proprietary treatment unit listed by Washington State Department
of Health or includes drip irrigation as a component of the system.
(d) Inspection by a certified O&M specialist, licensed designer or JCPH is required:
(i) For community on-site sewage systems.
(ii) For on-site sewage systems serving commercial enterprises unless authorization is granted to the
homeowner for a specific OSSsystem.
(iii) At the time of sale or transfer of a property, except if there is a monitoring inspection on file by a
certified O&M specialist or licensed designer in compliance with the inspection frequency identified in
subsection (7)(a) of this section.The monitoring inspection report shall be on file with JCPH prior to the
sale or transfer.
(iv) At the time of application for building permit on the property per JCPH Policy 04-01 as adopted or
amended.
(v) At the time of application for other land use or governmental actions including but not limited to:
(A) Land divisions where an existing OSS is part of the proposal,
(B) Conditional use permit,
(C) Boundary line adjustment where an existing OSS is part of the proposal.
(e) Where there are no county records regarding the type, size, location and other applicable information on a
septic system, a site plan identifying the tank location and other components must be completed by a certified
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O&M specialist or licensed designer and submitted to JCPH prior to any inspection by a homeowner holding an
inspection authorization.
(f) Fees for inspections and monitoring or maintenance contracts shall be set by the service provider.
(g) The health officer may require more frequent inspections for systems where a problem has been identified.
(h) Multiple Requirements. If the manufacturer, patent holder, state, JCPH, and any other relevant body have
differing recommendations or requirements for inspection and maintenance intervals for an OSS or any
component of the OSS, then the owner shall follow the most frequent service interval.
(8) Operations and Monitoring Agreement. The owner of any site where a permit is issued for an on-site sewage
component shall complete and record to the property title an operations and monitoring agreement prior to
finalization of the permit. The agreement shall be on a form approved by the public health department.
(9) Operation and Monitoring Access Requirements.
(a) The owner of the system shall provide access to the system for inspectionand maintenance/monitoring as
follows:
(i) Septic Tank. Septic tanks shall be fitted with watertight pumping access risers to the ground surface
over both compartments and over the outlet baffle, except as set forth in JCC 8.15.090(10). The risers shall
have a means to lock or secure the lid against tampering and accidental access.
(ii) Pump Chamber. Pump chambers shall have a watertight riser to ground surface over the pump. The
riser shall have a means to lock or secure the lid against tampering and accidental access.
(iii) Proprietary Devices and Disinfection Equipment. Access shall be provided as determined by the
manufacturer or patent holder and shall include access to ground surface for effluent sample collection,
observation and inspection of the unit.
(10) Inspection Report. The inspection report shall be submitted in a format and manner prescribed by JCPH. The
inspection report form shall be completed in full and applicable fees paid for an inspection to be considered valid.
Table 1: Minimum Monitoring Inspection Frequency by System Type and Who Is Eligible to Complete the Inspection
Aerobic Treatment
Conventional w/Pump, Pressure Distribution,
Unit (ATU),
Conventional Gravity –No PumpMound, Sandfilter, Other Public Domain
Proprietary Device,
Technology
Drip Irrigation
TimeFrequency of
Frequency of Inspection –Every 3 YearsFrequency of Inspection –Every YearInspection –Every
Year
1111
OSSNot Within Risk OSSIs Within Risk OSSNot Within Risk OSSIs Within Risk
All Sites
2222
CategoryCategoryCategoryCategory
3
Year 1N/AN/AHO or OMS or DESOMS or DESOMS or DES
3
Year 2N/AN/AHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 3HO or OMS or DESHO or OMS or DESHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 4N/AN/AHO or OMS or DESOMS or DESOMS or DES
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Aerobic Treatment
Conventional w/Pump, Pressure Distribution,
Unit (ATU),
Conventional Gravity –No PumpMound, Sandfilter, Other Public Domain
Proprietary Device,
Technology
Drip Irrigation
TimeFrequency of
Frequency of Inspection –Every 3 YearsFrequency of Inspection –Every YearInspection –Every
Year
1111
OSSNot Within Risk OSSIs Within Risk OSSNot Within Risk OSSIs Within Risk
All Sites
2222
CategoryCategoryCategoryCategory
3
Year 5N/AN/AHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 6HO or OMS or DESOMS or DESOMS or DESHO or OMS or DESOMS or DES
3
Year 7N/A
N/AHO or OMS or DESOMS or DESOMS or DES
3
Year 8N/A
N/AHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 9OMS or DES
HO or OMS or DESHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 10N/AN/AHO or OMS or DESOMS or DESOMS or DES
3
Year 11N/AN/AHO or OMS or DESHO or OMS or DESOMS or DES
3
Year 12HO or OMS or DESOMS or DESOMS or DESHO or OMS or DESOMS or DES
Above schedule repeats for the life of the OSS
HO = Homeowner with inspection authorization
OMS = Operation and monitoring specialist
DES = Licensed on-site sewage system designer or professional engineer
1
OSS –includes all components of an on-site sewage system including tanks, transport lines, treatment and disposal components.
2
Risk categories include any one of the following elements:
• Setbacks –OSS with components not meeting the current required setbacks to a well or surface water.
• Shorelines –OSS with components within 200 feet of ordinary high water.
• Floodplain –sites with OSS components mapped by FEMA as being within a100-year floodplain.
• Waiver –OSS with components not meeting the current required setbacks to a well or surface water.
• OSS replacement or repairs not meeting current code at the time of permitting.
3
OMS or DES = Professionals inspecting ATUs and proprietary devices must have authorization by the manufacturer to monitor and maintain
these treatment units.
\[Ord. 6-12\]
8.15.165Waiver of state or local regulations.
(1) Applicability. Any person who owns or operates an OSS may apply to the health officer for a waiver from any
paragraph of these regulations.
(2) Granting Requirements.
(a) The health officer may grant such a waiver if it finds that:
(i) Special circumstances exist that are not of the applicant’s making;
(ii) An unnecessary hardship will occur without the waiver;
(iii) The health officer has determined that the waiver is consistent with the standards in, and the intent of,
the public health protection purpose and objectives of these rules;
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(iv) Corresponding mitigation measure(s) to assure that public health and water quality protection, at least
equal to that established by these rules, is provided.
(b) The health officer may grant a waiver conditioned by a timetable if:
(i) Compliance with this regulation will require spreading of costs over a considerable time period; and
(ii) The timetable is for a period that is needed to comply with this regulation.
(c) The health officer may grant waivers from these regulations for standards that are more stringent than the
standards of Chapter 246-272A WAC, or from provisions in these regulations that are not contained in Chapter
246-272A WAC without department of health approval.
(3) Application.
(a) The application shall be made on forms provided by JCPH and accompanied by all information required by
the health officer or designee.
(b) The health officer may request additional information if required to make a decision.
(c) An application for a waiver, or for the renewal thereof, submitted to the health officer shall be approved or
disapproved by the health officer within 90 calendar days of receipt unless the applicant and the health officer
agree to a continuance.
(4) Renewal. The health officer may renew any waiver granted pursuant to this section on terms and conditions and
for periods that would be appropriate on initial granting of a waiver. No renewal shall be granted except on written
application. Any such application shall be made at least 60 calendar days prior to the expiration of the variance.
\[Ord. 6-12\]
8.15.170Appeal –Hearing.
(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, orby any inspectionorpermit issuance or
enforcement actionconducted by public health under this regulation, may request, in writing, a hearing before the
health officer or his or her designee. The appellant shall submit specific statements in writing of the reason why
error is assigned to the decision of public health. Such request shall be presented to the health officer within 10
business days of the action appealed; except in the case of a suspension, the request for a hearing must be made
within five 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 business days nor more than30 business days from the date the request was received. The health officer will
issue a decision upholding or reversing 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 or required actions of 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 business days of the findings and actions from the administrative
hearing and shall be accompanied by a fee as established in the current public health fee schedule. The
appellant shall submit specific statements in writing of the reason why error is assigned to the decision of the
health officer. 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 shallremain 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
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officer within five business days of the health officer’s decision. The health officerwill grant or deny the
request within five business days.
(cb) 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 business days or more
than 30 business days from the date the appeal was received by the health officer.
(dc) 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 30 business days of the date of the decision.
(3) All revocation hearings shall be conducted by the boardof health.
(43) The following guidelines apply to all hearings and appeals conducted by the board of health pursuant to this
section:
(a) Appeals shall be made in writing and shall be signed and dated by the petitioning party.
(b) Appeals shall include abrief and concise statement of the law and facts, which affirmatively establish that
the health officer has committed an error.
(c) Appeals shall be transmitted to the board of health by JCPH following receipt from the petitioning party
together with all relevant material associated with the health officer’s action, including, but not limited to,
applications, reports, soil logs, photographs, staff analysis and recommendations.
(d) Upon receipt of the appeal materials transmitted by JCPH, the board of health shall conduct a hearing to
determine the correctness of the decision by the health officer within 35 days. The petitioner shall be given five
days’ notice by certified mail of the purpose, time, date and place of said hearing. Further, if the petitioning
party is a person other than the permit applicant or a permit holder, then notice of the purpose, time, date, and
place of said hearing shall likewise be mailed by certified mail to the permit applicant or permit holder.
(e) Any hearing conducted pursuant to this section shall be a public hearing and the chairperson of the board of
health shall open the hearing and take testimony from any interested persons; provided, that testimony in
suspension or revocation hearings shall be limited to that presented by the health officer, the certificate holder
and any witness called by them; provided further, that the chairperson may limit the length of the testimony to a
specific amount of time to be applied equally to those interested persons wishing to speak, except in suspension
or revocation hearings where the board of health is authorized to use its discretion.
(f) The procedure to be utilized during any hearing conducted pursuant to this section shall be as follows:
(i) The petitioning party, permit applicant, or permit holder and the health officer, if not the petitioning
party, shall be given an opportunity to present evidence, analysis and recommendations.
(ii) Members of the board of health may direct questions to the petitioning party, permit applicant or
permit holder and health officer.
(iii) The chairperson of the board of health shall permit the presentation of testimony by any interested
person as set forth in this chapter.
(iv) Following presentation of evidence and testimony, the chairperson of the board of health shall close
the hearing and initiate discussion with other board members on the matters presented.
(v) Following discussion, the board of health shall make ruling on the appeal.
(vi) Under no circumstances shall cross-examination of persons making presentations at the hearing be
permitted, notwithstanding that the board of health may ask questions as set forth above.
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(g) Should the board of health require additional testimony, it may continue the public hearing to a date and
time not to exceed 35 days following the date of the initial public hearing; provided, that at the close of the
second public hearing the board of health may continue its deliberations on the appeal to another time and date
not to exceed 35 days following the close of the second public hearing conducted to receive additional
testimony. In all other cases the board of health may continue its deliberations on the appeal to another date and
time not to exceed 35 days following the close of the public hearing.
(h) Relevant evidence is admissible, if in the opinion of the board of health it is the best evidence reasonably
obtainable having due regard for its necessity, availability and trustworthiness; provided, that in passing upon
the admissibility of evidence the Jefferson County board of health may give consideration to, but shall not be
bound to follow, the rules of evidence governing civil proceedings in matters not involving trial by jury in the
superior court of the state of Washington.
(i) A full and complete record shall be kept of all proceedings and all testimony shall be recorded. The record
of testimony and exhibits together with all papers and requests filed in the proceedings shall constitute the
exclusive record for the decision in accordance with the law.
(j) All decisions shall become a part of the record and shall include a statement of findings and conclusions.
(k) Notice of the decision of the board of health shall be provided not later than 10 days following the date of
its decision.
(l) The petitioning party, permit applicant, permit holder, or designated agent, and JCPH shall be notified of the
decision of the board of health, together with the findings and conclusions. \[Ord. 6-12\]
8.15.180Enforcement –Penalty.
(1) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as
later amended, shall apply to any alleged violation of this chapter, unless specifically amended or
authorized below.
(12) Other Laws, Regulations and Agency Requirements.
(a) All OSS management shall be subject to the authority of other laws, regulations or other agency
requirements in addition to these rules and regulations. Nothing in these rules and regulations is intended to
abridge or alter the rights of action by the state or by persons, which exist in equity, common law or other
statutes to abate pollution or to abate a nuisance.
(b) If a conflict exists between the interpretation of Chapter 246-272A WAC and these regulations, the more
stringent regulation shall apply to better protect public health and the environment.
(23) Enforcement Authority. The health officer, his or her designee, or any person appointed as an “enforcement
officer”, pursuant to JCC 8.01.070, by the Jefferson County board of health 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.
(3) 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 ofthese 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.
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(b) Prior to entering any building, structure, property or portion thereof the health officer or his/her duly
authorized inspector shall attempt to secure the consent of the owner, occupant or other person having apparent
charge or control of said building, structure, property or portion thereof.
(i) 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.
(ii) In attempting to contact the owner, occupier or other persons having apparent control of said building,
structure, property or portion thereof, the inspector may approach said building or structure by a
recognizable access route, e.g., a street or driveway, leading to said building or structure.
(c) If permission to enter said building, structure, property or portion thereof is not obtained from the owner,
occupier or other persons having apparent control of said building, structure, property or portion thereof, the
inspector may enter said building, structure, property or portion thereof only if the entry into the building,
structure, or property is consistent with applicable state and federal law.
(d) If permission to enter said building, structure, property or portion thereof is not obtained from the owner,
occupier or other persons having apparent control of said building, structure, property or portion thereof, the
health officer or his/her duly authorized inspector shall also have recourse to any other remedies provided by
law to secure entry, including but not limited to search warrants based on probable cause or statutory authority.
(4) Notice and Order to Correct Violation.
(a) Issuance. Whenever the health officer determines that a violation of these regulations has occurred or is
occurring, he/she may issue a written notice and order to correct violation to the property owner or to any
person causing, allowing or participating in the violation.
(b) Content. The notice and order to correct violation shall contain:
(i) The name and address of the property owner or other persons to whom the notice and order to correct
violation is directed;
(ii) 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;
(iii) A description of the violation and a reference to that provision of the regulation which has been
violated;
(iv) 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;
(v) 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;
(vi) A statement that the person, to whom the notice and order is directed, can appeal the order to the
health officer, in accordance with the terms of this chapter, and that any such appeal must be presented to
the health officer within 10 days;
(vii) 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) Receipts. The notice and order to correct violation may also include a statement requiring the person to
whom the notice and order to correct violation is directed to produce receipts from a certified professional to
demonstrate compliance with an order issued by the health officer.
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(d) 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. The notice and
order to correct violation shall also be served via certified mail/return receipt requested to the owner of the
parcel or parcels where the alleged violations are occurring, to the owner’s last known address.
(e) 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.
(f) 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.
(g) 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:
(i) Utilize any remedy or penalty under subsection (5) of this section; and/or
(ii) Abate the health violation using the procedures of these regulations; and/or
(iii) Pursue any other appropriate remedy at law or equity.
(h) Written Assurance of Discontinuance. The health officer may accept awritten assurance of discontinuance
of any act in violation of this regulation from any person who has engaged in such act. Failure to comply with
the assurance of discontinuance shall be a further violation of this regulation.
(54) Violations, Remedies and Penalties.
(a) The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as
later amended, shall apply to any alleged violation of this chapter, unless specifically amended or
authorized below.
(a) Violations.
(i) Violations of these regulations may be addressed through the remedies and penalties provided in this
section.
(ii) 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.
(iii) The health officer may investigate alleged or apparent violations of these regulations. Upon request of
the health officer or designee, the person allegedly or apparently in violation of these regulations shall
provide information identifying themselves.
(iv) Violations, apparent or alleged, that occurred or are occurring in critical areas, as that term is defined
in this chapter, of Jefferson County will have the highest priority for investigation by those persons
charged in this chapter with investigating such violations and enforcing this chapter and such violations
will be subject to a “zero tolerance” policy.
(b) Civil Remedies.
(i) Except as provided elsewhere in this section, the violation of any provision of these regulations is
designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, Civil Infractions.
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(ii) In addition to or as an alternativeto any other judicial or administrative remedy provided herein, or by
law, any person or establishment who violates this regulation may be assessed a civil penalty up to
$513.00 per day of continuous violation to be directly assessed by the health officeruntil such violation is
corrected.
(iii) The health officer may issue a notice of civil infraction pursuant to 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.
(iv) All other legal and equitable remedies are also deemed available to public health or its health officer
and may be invoked, utilized or sought at any time regardless of whether other remedies have or have not
been undertaken or sought.
(c) Criminal Penalties.
(i) Any person who fails, neglects,or refuses to obey an order of the health officer to correct a violation as
set forth above in this section shall be, upon conviction, guilty of a misdemeanor and shall be subject to a
fine of not more than $1,000, or imprisonment in the county jail not to exceed 90 days, or both. The court
may also impose restitution.
(ii) Any person who fails, neglects, or refuses to comply with a written assurance of discontinuance
pursuant to this section shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of
not more than $1,000, or imprisonment in the county jail not to exceed 90 days, or both. The court may
also impose restitution.
(d) Stop Work Orders. The health officer may cause a stop work order to be issued whenever the health officer
has reason to believe that a violation of this regulation is occurring. The effect of the stop work order shall be to
require the immediate cessation of such work or activity that has contributed to the violation until authorized by
the health officer to proceed.
(i) Content. A stop work order shall include the following:
(A) The name and address for the person responsible for the alleged violation;
(B) The street address or description sufficient for identification of the building, structure or premises,
or land upon or within which the alleged violation has occurred or is occurring;
(C) A description of the violation and reference to the provision of the Jefferson County board of
health ordinance which has been allegedly violated;
(D) The required corrective action;
(E) A statement that a failure to comply with the order may lead to issuance of a civil infraction to the
person named in the order;
(F) A statement that the person to whom the stop work order is directed can appeal the order to the
health officer in accordance with JCC 8.15.170 and that any such appeal must be presented to the
health officer within 10 days.
(ii) Service of Notice. The health officer shall serve the stop work order upon the owner of the property
where the alleged violation occurred or is occurring and the person, firm or business entity that has
allegedly violated this chapter, either personally or by mailing a copy of the notice by regular and certified
or registered mail, within a five-day return receipt requested, to the owner at his or her last known address.
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A copy of the order shall also be posted on the property where the alleged violation occurred or is
occurring.
(iii) Posting of Notice. In addition to service of the notice listed above, an additional notice shall be posted
on the property in substantially the following form:
Under the authority of Chapter 8.15 JCC, On-site Sewage Regulations, you are hereby
required to immediately
STOP WORK
This order is in effect at this property for all work and activities that relate to violations of
Chapter 8.15 JCC, On-site Sewage Regulations, and remains in effect until removed by public
health. It is a violation of these regulations to remove, deface, destroy, or conceal a posted
stop work order.
FAILURE TOCOMPLY WITH THIS ORDER MAY RESULT IN THE ISSUANCE OF A
CIVIL INFRACTION.
(e) Voluntary Correction. When the health officer determines that a violation has occurred or is occurring, he or
she shall attempt to secure voluntary correction by contacting the person responsible for the alleged violation
and, where possible, explaining the violation and requesting correction.
(i) Voluntary Correction Agreement. The person responsible for the alleged violation may enter into a
voluntary correction agreement with public health. The voluntary correction agreement is a contract
between 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 7.48 RCW or this chapter. The voluntary correction agreement shall include the following:
(A) The name and address of the person responsible for the alleged violation;
(B) 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;
(C) A description of the alleged violation and a reference to the regulation which has been violated;
(D) The necessary corrective action to be taken, and a date or time by which correction must be
completed;
(E) An agreement by the person responsible for the alleged violation that public health may enter the
property and inspect the premises as may be necessary to determine compliance with the voluntary
correction agreement;
(F) An agreement by the person responsible for the alleged violation that public health may enter the
property to abate the violation and recover its costs and expenses (including administrative, hearing
and removal costs) from the person responsible for the alleged violation if the terms of the voluntary
correction agreement are not satisfied; and
(G) 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.
(ii) Right to a Hearing Waived. By entering into a 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 violation and/or the required corrective action. The person
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responsible for the alleged violation may, by through written documentation provided to the health officer,
state his or her decision to reject and nullify the voluntary correction agreement, at which time that person
is entitled to an appeal to the health officer pursuant to JCC 8.15.170.
(iii) Extension and Modification. The health officer may, at his or her discretion, grant an extension of the
time limit for correction or a modification of the required corrective action if the person responsible for the
alleged violation has shown due diligence and/or substantial progress in correcting the violation, but
unforeseen circumstances have delayed correctionunder the original conditions.
(iv) Abatement by Public Health. The county may abate the alleged violation in accordance with
subsection (5)(f) of this section if all terms of the voluntary correction agreement are not met.
(v) Collection of Costs. If allterms of the voluntary correction agreement are not met, the person
responsible for the alleged violation shall be assessed all costs and expenses of abatement, as set forth in
this chapter.
(f) Abatement Orders. Where the health officer has determined that a violation of these regulations has
occurred or is occurring, he or she may issue an abatement order to the person responsible for the alleged
violation requiring that the unlawful condition be abated within a reasonable time period as determined by the
health officer.
(i) Prerequisite to Abatement Order. Absent conditions which pose an immediate threat to the public
health, safety or welfare of the environment, the procedures for abatement of conditions constituting a
violation of these regulations should be utilized by public health only after corrections of such conditions
have been attempted through the use of the civil infractions process. Once it has been determined by
public health that there is an immediate threat to the public health’s safety orwelfare and that correction of
such conditions has not been adequately achieved through use of the civil infraction process, then public
health is authorized to proceed with abatement of such conditions pursuant to these regulations. Public
health shall also attempt to enter into a voluntary corrections agreement prior to issuing an abatement
order.
(ii) Content. An abatement order shall include the following:
(A) The name and address for the person responsible for the alleged violation;
(B) The street address or description sufficient for identification of the building, structure or premises,
or land upon or within which the alleged violation has occurred or is occurring;
(C) A description of the violation and reference to the provision of the Jefferson County board of
health ordinance which has been allegedly violated;
(D) The required corrective action and a date and time by which the correction must be completed and
after which the health officer may abate the unlawful condition in accordance with this chapter;
(E) A statement that the costs and expenses incurred by public health pursuant to this chapter,
including any amount expended on staff time to oversee the abatement, may be assessed against a
person to whom the abatement order is directed in a manner consistent with this chapter; and
(F) A statement that the person to whom the abatement order is directed can appeal the order to the
health officer in accordance with this chapter.
(iii) Service of Notice. The health officer shall serve the abatement order upon the owner of the property
where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice
by regular and certified or registered mail, a five-day return receipt requested, to the owner at his or her
last known address. The order shall also be served on each of the following if known to the health officer
or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or
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encumbrance of record; the owner or holder of any lease of record and the holder of any other estate or
legal interest of record in or to the property or any structures on the property. The failure of the health
officer to serve any person required herein to be served shall not invalidate any proceedings hereunder as
to any other person duly served or relieve any such served person from any duty or obligation imposed by
the provisions of this section. A copy of the order shall also be posted on the property where the alleged
violation occurred or is occurring.
(iv) Authorized Action by Public Health. Using any lawful means, public health may enter the subject
property and may remove or correct the condition that is subject to abatement.
(v) Recovery of Costs and Expense. The costs of correcting a condition which constitutes a violation of
these regulations, including all incidental expenses, shall be billed to the owner of the property upon
which the alleged violation occurred or is occurring, and shall become due within 15 calendar days of the
date of mailing the billing for abatement. The term “incidental expenses” includes, but is not limited to,
personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the
violation; towing/hauling, storage and removal/disposal expenses; and actual expenses and costs to public
health in preparing notices, specifications and contracts associated with the abatement, and in
accomplishing and/or contracting and inspecting the work; and the costs of any required printing and
mailing.
(vi) Collection of Costs and Expenses. The costs and expenses of correcting a condition, which constitutes
a violation of these regulations, shall constitute a personal obligation of the person to whom the abatement
order is directed. Within 15 days of abating any violation, the health officer shall send the person named in
the abatement order a bill that details the work performed, materials removed, labor used and the costs and
expenses related to those tasks as well as any other costsand expenses incurred in abating the violation.
(gb) Notice to Vacate. When a condition constitutes a violation of these regulations and poses an immediate
threat to life, limb, property, or safety of the public or persons residing on the property, the health officer may
issue a notice to vacate.
(i) Content. A notice to vacate shall include the following:
(A) The name and address for the person responsible for the alleged violation;
(B) The street address or description sufficient for identification of the building, structure or premises,
or land upon or within which the alleged violation has occurred or is occurring;
(C) A description of the violation constituting an emergency and reference to the provisions of the
Jefferson County board of health regulations which have been allegedly violated;
(D) A date, as determined by the severity of the emergency, by which any persons must vacate the
premises. In case of extreme danger to persons or property immediate compliance shall be required;
(E) The required corrective action;
(F) A statement that the person to whom the notice to vacate is directed can appeal the order to the
health officer in accordance with JCC 8.15.170 and that any such appeal must be presented to the
health officer within 10 days.
(ii) Service of Notice. The health officer shall serve the abatement order upon the owner of the property
where the alleged violation occurred or is occurring, either personally or by mailing a copy of the notice
by regular and certified or registered mail, with a five-day return receipt requested, to the owner at his or
her last known address. A copy of the order shall also be posted on the property where the alleged
violation occurred or is occurring.
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(iii) Posting the Notice. In addition to providing service as stated above, an additional notice shall be
posted on the property in substantially the following form:
DO NOT ENTER
UNSAFE TO OCCUPY
It is a violation of Chapter 8.15 JCC to occupy this building, or to remove or deface this
notice.
_____________________, Health Officer
Jefferson County Public Health
(iv) Compliance. No person shall remain in or enter any building, structure, or property which has been so
posted, except that entry may be made to repair or correct any conditions causing or contributing to the
threat to life, limb, property, or safety of the public or persons residing on the property. No person shall
remove or deface any such notice after it is posted until the required corrective action has been completed
and approved.
(6) Appeals. See JCC 8.15.170.
(75) Administrative –Certificate or Authorization Holders.
(a) Suspension of Certificate or Authorization.
(i) The health officer may suspend any certificate or authorization upon making the determination, after a
hearing between the health officer and the certificate or authorization holder, that the holder has performed
with negligence, incompetence, misrepresentation or failure to comply with the applicable rules,
regulations, guidelines, policies or practices which pertain to water supply and waste water disposal, to
have made fraudulent misrepresentation in making application for a certificate or authorization or to have
made fraudulent misrepresentation in making application for a permit to install an on-site sewage system,
either existing at the time of certification or as thereafter enacted.
(ii) The health officer shall give written notice of the hearing to any person aggrieved who has filed a
written complaint with the health officer and the affected certificate holder(s).
(iii) For the first confirmed violation under this subsection by certificate holders, the suspension period
shall not exceed 30 days; and the second violation in any three-year period shall result in a suspension of
the certificate for a period not less than 15 days and not to exceed 180 days.
(iv) For the first confirmed violation under this subsection by homeowner inspectors, the suspension
period shall not extend beyond the next required inspection.
(v) If the health officer suspends a certificate or authorization, the holder shall not proceed with any
further work in connection with the activity covered by the certificate or authorization.
(vi) The certificate or authorization holder shall be notified by certified mail of suspension of the
certificate or authorization upon determination of a finding that a violation has occurred requiring
suspension.
(b) Revocation of Certificate or Authorization.
(i) A certificate or authorization may be revoked for repeated violation ofany of the requirements of these
regulations or any other applicable regulation or if, after a hearing with the board of health, the holder of
such certificate or authorization shall be found grossly incompetent or negligent, or to have made
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fraudulent misrepresentations in making application for a certificate or authorization or for a permit to
install an on-site sewage system, or should the bond or insurance required herein be canceled.
(ii) The health officer shall give written notice of the hearing to any person aggrieved who has filed a
written complaint with the health officer and the affected certificate holder(s).
(iii) The third notice of violation issued by JCPH staff within any 12-month period shall be considered as
repeated violations and resultin certificate or authorization revocation.
(iv) If the board of health revokes a certificate or authorization, the holder shall not proceed with any
further work in connection with the activity covered by the certificate or authorization.
(v) The certificate or authorization holder shall be notified by certified mail of revocation of the certificate
or authorization, upon determination of a finding that a violation has occurred requiring revocation.
(vi) If, after revocation of a certificate, the applicant desires to reapply for a certificate, the applicant must
wait six months prior to reapplication. Any person whose certificate has been revoked will be required to
pay all applicable fees and take and pass the written examination again before issuance of a new
certificate.
(c) Reinstatement of Suspended or Revoked Certificate or Authorization.
(i) The certificate or authorization holder shall make written application for reinstatement to the
environmental health director specifying what practices, performance, and conditions that were named as
grounds for suspension or revocation have been remedied; and the certificate or authorization holder will
provide a description of the changes in performance that will occur which will directly avoid the repetition
of past violations.
(ii) The environmental health director, upon determining that noted deficiencies have been satisfactorily
addressed, shall schedule the individual for participation in the next available examination where
applicable. Reissuance of the certificate or authorization is subject to the individual’s successful
completion of the application and testing procedure and payment of applicable fees as per the fee
ordinance.
(d) Probation. A period of probation consisting of additional reporting or inspection requirements may be
imposed on a certificate or authorization holder as a result of violations of these rules or as a condition of
operation following suspension/revocation of a certificate or authorization. Said period and requirements shall
be the decision of the health officer and shall be determined after an administrative hearing with the certificate
holder.
(e) Appeal. Any person feeling aggrieved because of the suspension or denial of a certificate by the health
officer may, within 15 days of the suspension or denial, appeal to the board of health as set forth in JCC
8.15.170.
(8) Administrative –Property Owners.
(a) Notice to Title. If the health officer finds that an owner has failed to comply with the requirements of this
regulation, and all administrative remedies have been exhausted, and the case has been forwarded to the
Jefferson County prosecuting attorney for further action, the health officer may record a notice of potential
uncorrected violation finding on the title ofthe property with the Jefferson County auditor.
(b) Removal of Notice. The owner shall make written request to the health officer for rescission of the notice to
title. The request shall specify corrective actions that have been completed.
(c) The health officer, upon determining that noticed violation has been corrected, shall record a rescission of
notice with the Jefferson County auditor.
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(d) The owner shall pay fees as required to complete inspection(s) to verify correction and to record the
rescissionprepared by JCPH. \[Ord. 6-12\]
8.15.190Severability.
Provisions of these rules and regulations are hereby declared to be separable, and if any section, subsection,
sentence, clause, phrase, or portion of these rules and regulations is for any reason held to be invalid or
unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of
the remaining portions of these rules and regulations. \[Ord. 6-12\]
8.15.200Fees.
(1) Fees shall be as per Jefferson County public health fee schedule.
(2) Refunds shall not be granted if field investigation, plan review, site visit or design review has been completed by
JCPH.
(3) A refund of the application fee minus an administrative fee of $45.00 shall be granted upon written request of the
applicant/owner, except as noted in subsection (2) of this section.
(4) All sewage system installer’s, septic tank pumper’s, and operation and monitoring specialist’s certificates are
renewable annually on March 1st. Should any renewal fee remain unpaid by March 31st, a penalty fee according to
the fee schedule shall be charged. Previously issued certificates shall become void if not renewed prior to April 1st.
(5) Fees generated under this authority cannot be used to supportnon-public-health activities. \[Ord. 6-12\]
8.15.210Effective date.
This chapter shall be effective 10 days after approval is obtained from the department of health as per WAC 246-
272A-0015(10). \[Ord. 6-12\]
8.15.220Conflict.
Where other county regulationsare in conflict with this chapter, the more restrictive regulation shall apply and such
application shall extend only to those specific provisions that are more restrictive. \[Ord. 6-12\]
1
Prior legislation: Ords. 1-69, 2-77, 1-80, 1-83, 1-87 and 4-90.
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Chapter 8.90
PUBLIC NUISANCES
Sections:
8.90.010Purpose.
8.90.020Liberal construction.
8.90.030Declaration of nuisance.
8.90.040Public rules.
8.90.050Definitions.
8.90.060Enforcement authority and administration.
8.90.070Service 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.
8.90.080Complying voluntarily.
8.90.090Notice of violation.
8.90.100Stop work order.
8.90.110Notice of violation and order of abatement.
8.90.120Vehicle nuisance.
8.90.130Public right-of-way nuisance.
8.90.140Administrative appeals.
8.90.150Crimes designated.
8.90.160Right of entry.
8.90.170Conflicts.
8.90.180Representation by attorney.
8.90.190Monetary penalties.
8.90.200Recovery of costs.
8.90.210Settlement of monetary penalties and costs.
8.90.220Enforcement fund –Authorized.
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8.90.010Purpose.
(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 it by RCW36.32.120(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 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 by the board of county commissioners for Jefferson County through
RCW36.32.120(10), the board of health for Jefferson County hasthe authority to declare, control, and
abate nuisances detrimental to the public health under RCW70.05.060(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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.020Liberal construction.
This chapter shall be liberally construed to carry out its broad purposes. \[Ord. 7-19 §1 (Appx. A)\]
8.90.030Declaration of nuisance.
Pursuant to RCW36.32.120(10), the board of county commissioners for Jefferson County declares that
all nuisances defined in JCC8.90.050(32) and all violations of this chapter are hereby determined to be
detrimental to public health and safety and are hereby declared public nuisances. \[Ord. 7-19 §1 (Appx.
A)\]
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8.90.040Public rules.
The county is authorized to adopt public rules by resolution of the board of county commissioners to
implement the provisions of this chapter. \[Ord. 7-19 §1 (Appx. A)\]
8.90.050Definitions.
The following definitionsshall apply in the interpretation and enforcement of this chapter:
(1)“Abandoned vessel” has the same meaning as in RCW79.100.010(1).
(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 directorunder this chapter and:
(a)The decision has prejudiced or is likely to prejudice that person;
(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
RCW46.71.011(2).
(9)“Building” means any structure utilized or intended for supporting or sheltering any occupancy.
(10)“Building nuisance” means, in conjunction with Chapter35.80RCW, dwellings which are unfit for
human habitation, and buildings, structures, 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,
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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 Chapter173-425,173-430or332-24WAC.
(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 JCC Title17or18; 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.
(15)“Critical areas” means critical areas as defined in RCW36.70A.030(5), including critical aquifer
recharge areas, geologically hazardous areas, fish and wildlife habitat conservation areas, frequently
flooded areas, and wetlands, each as further delineated in Chapter18.22JCC. Per RCW36.70A.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 drainage ditches that lie within
the boundaries of and are maintained by a port district or an irrigation district or company.
(16)“Degrade” means to scale down in desirability or salability, to impair with respect to a condition.
(17)“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.
(18)“Department” means the county department responsible for enforcing the civil code being violated.
(19)“Derelict vessel” has the same meaning as in RCW79.100.010(5).
(20)“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.
(21)“Emergency”means a situation which, in the opinion of the director, requires immediate action to
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prevent or eliminate substantial and immediate adverse impact to the public health and safety.
(22)“Final decision” means a final decision pursuant to: (a) JCC8.90.080,8.90.090,8.90.100,8.90.110,
unless a timely request for an administrative appeal, then JCC8.90.140(4); (b) JCC8.90.120(5), unless a
timely request for a hearing, then JCC8.90.120(8); or (c)8.90.130(3). However, if a voluntary correction
agreement is entered into pursuant to JCC8.90.080(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
JCC8.90.140(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 meaning as in RCW46.79.010(4).
(26)“Immediate adverse impact” means an adverse impact to public health and safety that could occur
within a short period of time.
(27)“Inoperative vehicle” means a vehicle which: (a) has been in stationary position for more than 60
days; (b) appears to be unable to 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.
(28)“JCC” means the Jefferson County Code, as it now exists or is later amended.
(29)“Junk vehicle” has the same meaning as in RCW46.55.010(5). However, “junk vehicle” does not
include a vehicle or part thereof that is stored entirely withina building in a lawful manner 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 RCW46.80.130.
(30)“Land-disturbing activity” means any activity that results in a change to the existing soil cover, both
vegetative and nonvegetative, 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 RCW7.48.120, that are public
nuisances; and (b) each of the conditions determined to be nuisances pursuant to RCW36.32.120(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.
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(33)“Omission” means a failure to act.
(34)“Or” means both or and and/or.
(35)“Other declared nuisances” means nuisances declared elsewhere in the Jefferson County Code as
declared under RCW36.32.120(10).
(36)“Person” means person as that term is defined in RCW1.16.080.
(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 RCW7.48.130.
(40)“Public right-of-way nuisance” means personal property or solid waste belonging to an evicted
tenant which has been placed onto the public right-of-way pursuant to a court-ordered eviction per RCW
Title59, and not removed within twenty-four hours, is a nuisance.
(41)“Public rule” means any rule adopted by the county pursuant toJCC8.90.040.
(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 RCW46.55.010(7).
(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 have an adverse
impact on public health and safety.
(47)“Solid waste” has the same meaning as in RCW70.95.030(22).
(48)“Scrap”means any manufactured metal or secondhand vehicle parts useful only as material for
reprocessing.
(49)“Scrap processor” has the same meaning as in RCW46.79.010(2).
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(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 RCW46.80.010(1), or “major component part” as defined in RCW46.80.010(4).
(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 RCW46.70.011(17).
(54)“Vehicle nuisance” means a vehicle nuisance as described in JCC8.90.120.
(55)“Vehicle wrecker” has the same meaning as in RCW46.80.010(6).
(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 RCW46.80.010(6). \[Ord. 7-19 §1 (Appx. A)\]
8.90.060Enforcement 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 JCC8.90.080(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 JCC8.90.080(1)(b);
(c)Order work stopped at a site by means of a stop work order, as authorized by JCC8.90.100;
(d)Issue notice of violations, assess monetary penalties and fines as authorized by JCC8.90.190, and
recover costs as authorized by JCC8.90.200;
(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
workas authorized by JCC8.90.110,8.90.190, and8.90.200;
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(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 JCC8.90.200.
(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 the county administrator within seven days, the central services department shall serve as the lead
agency.
(5)The provisions of this chapter are not exclusive and may 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.
(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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.070Service 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. However, a notice of voluntary
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compliance may be sent solely by ordinary first-class 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.
(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.
(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
JCC8.90.120(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. \[Ord. 7-19 §1
(Appx. A)\]
8.90.080Complying voluntarily.
(1)Whenever the director has a reasonable belief that a nuisance, as defined in JCC8.90.050(32), has
occurred or is occurring, the director shall make reasonable efforts to investigate the alleged nuisance, and
secure voluntary compliance from the person responsible.
(a)Notice of Voluntary Compliance.
(i)The notice of voluntary compliance shall state the following:
(A)The name and address of the person responsible;
(B) 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;
(C) A description of the alleged nuisance and a reference to the regulation(s) which has been violated;
(D) A reasonable time and date by which the corrective action is to be completed to resolved the alleged
nuisance; however, in no event shall the time given for voluntary correction be greater than 30 calendar
days, unless authorized under subsection (1)(a)(iii) of this section; and
(E) That continued or subsequent found violations 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
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a voluntary correction agreement as authorized under subsection (1)(b) of this section.
(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 ofa 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 JCC8.90.120(8), prior to an
administrative appeal decided pursuant to JCC8.90.140(4), or prior to county abatement action under
JCC8.90.110(1).
(iii)Content. The voluntary correction agreement shall include the following:
(A)The name and address of the person responsible;
(B)The street address or other description sufficient for identification of the building, structure, premises,
or land upon or within which the alleged nuisancehas occurred or is occurring;
(C)A description of the alleged nuisance and a reference to the regulation which has been violated;
(D)The necessary corrective action to be taken, and a date or time by which correction must be
completed;
(E)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 voluntary
correction agreement may be administratively appealed to the hearing examiner under JCC8.90.140.
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(d)Effect of Voluntary Correction Agreement. Upon entering into a voluntary correction agreement, a
person responsible admits that the conditions described in 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 JCC8.90.190. 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 JCC8.90.200and 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 JCC8.90.140.
(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
JCC8.90.140, 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;
(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 JCC8.90.190or 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 JCC8.90.200.
(iii)The person responsible may be subject to other remedies authorized by this chapter. \[Ord. 7-19 §1
(Appx. A)\]
8.90.090Notice of violation.
(1)Issuance.
(a)When the director determines that a nuisance, as defined in JCC8.90.050(32), has occurred or is
occurring and is unable to secure voluntary correction pursuant to JCC8.90.080, the director may issue a
notice of violation to the person responsible.
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(b)Under the following circumstances the director may issue a notice of violation without having
attempted to secure voluntary correction as provided in JCC8.90.080:
(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;
(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
JCC8.90.190may 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 JCC8.90.200; and
(e)A statement that administrative appeal rights may be available under JCC8.90.140. \[Ord. 7-19 §1
(Appx. A)\]
8.90.100Stop work order.
(1)Stop Work Order. Whenever the director determines that work creates a nuisance, as defined in
JCC8.90.050(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 permitor approved plans;
or
(c)The work creates an imminent threat to the public health, safety or welfare, or the environment. \[Ord.
7-19 §1 (Appx. A)\]
8.90.110Notice of violation and order of abatement.
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(1)Issuance and Abatement.
(a)When the director determines that a nuisance, as defined in JCC8.90.050(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 JCC8.90.090, 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 JCC8.90.080and8.90.090:
(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.
(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 JCC8.90.110;
(v)A statement that the costs and expenses of abatement incurred by the county pursuant to
JCC8.90.200, and a monetary penalty in an amount per day for each nuisance as specified in
JCC8.90.190, may be assessed against the person to whom the notice of abatement is directed; and
(vi)A statement that administrative appeal rights may be available under JCC8.90.140.
(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: (i) substantial completion of necessary correction; (ii) unforeseeable circumstances not caused by
the person so as to make completion impossible by the date established; or (iii) procedural requirements
for obtaining a permit to carry out the corrective action.
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(2)Summary Abatement.
(a)When the director determines that a nuisance, as defined in JCC8.90.050(32), has occurred or is
occurring and 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 JCC8.90.070.
(i)The responsible person shall bear the costs and expenses of abatement incurred by the county pursuant
to JCC8.90.200after 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 JCC8.90.190may
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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.120Vehicle nuisance.
(1)Placement of any inoperative, junk or wrecked vehicles, or secondhand vehicle parts on private
property, Jefferson County right-of-way, or other property controlled by Jefferson County is a nuisance,
as defined under JCC8.90.050(32), except where storing an inoperative, junk or wrecked vehicle, or
secondhand vehicle part is a permitted use under JCC Title18and exempt under JCC8.90.120(2).
(2)Exception for Inoperative, Junk or Wrecked Vehicles, or Secondhand Vehicle Parts Enclosed within a
Permitted Building or a Compliant Fence. Inoperative, junk or wrecked vehicles, or secondhand vehicle
parts shall be exempt from subsection (1) of this section when the property owner cleans up and properly
disposes of any visible contamination resulting from the storage of inoperative, junk or wrecked vehicles,
or secondhand vehicle parts and the inoperative, junk or wrecked vehicles, or secondhand vehicle parts
are:
(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, a licensed hulk hauler, a licensed scrap processor, a
licensed vehicle dealer, or a licensed vehicle wrecker; and are enclosed 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.
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(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 hasbeen wrecked. The county shall maintain a photographic record of all abated inoperative,
junk, or wrecked vehicles for a period of two years following abatement.
(4)A vehicle certified as an inoperative, 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
JCC8.90.080and8.90.090, 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 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
JCC8.90.080and8.90.090:
(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 JCC8.90.110for vehicle nuisances
under this section must comply with subsections (7) and (8) of this section 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 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.
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(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 inoperative, 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 inoperative, 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 inoperative, junk
or wrecked vehicles, or secondhand vehicle parts on the land stating the reason for such denial. If the
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 swornstatement, the hearing examiner may enter a default. If it is determined by the
hearing examiner that the inoperative, junk or wrecked vehicles, or secondhand vehicle parts were placed
on the land without consent of the land owner and that the land owner has not subsequently acquiesced in
their presence, then costs of administration or removal of the inoperative, junk, or wrecked vehicles or
secondhand vehicle parts shall not be assessed against the property upon which the inoperative, junk or
wrecked vehicles or secondhand vehicle parts are 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 JCC8.90.190and8.90.200.
(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 or storage of inoperative, junk or
wrecked vehicles, or secondhand vehicle parts to which the landowner has consented or acquiesced.
(c)In addition to determination ofresponsibility as provided for in JCC8.90.120(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 JCC8.90.140(4)(c) through (f) when
assessing penalties and costs pursuant to JCC8.90.190and8.90.200.
(9)Abatement and Removal Authorized. The county may remove any inoperative, junk or wrecked
vehicle, or secondhand vehicle part after complying with JCC8.90.120(7) and (8). The proceeds of any
such disposition shall be used to defray the costs of abatement and removal of any such inoperative, junk
or wrecked vehicles, or secondhand vehicle parts, including costs of administration and enforcement.
\[Ord. 7-19 §1 (Appx. A)\]
8.90.130Public 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 RCW Title59, and not removed within 24 hours, is
a nuisance, as defined under JCC8.90.050(32).
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(2)When the director determines that a nuisance, as defined in JCC8.90.050
(32), has occurred or is
occurring, notice of such removal after 24 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 JCC8.90.050(22), without
administrative appeal rights under JCC8.90.140. \[Ord. 7-19 §1 (Appx. A)\]
8.90.140Administrative 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 notice of violation
and order of abatement for vehicle nuisances under JCC8.90.120shall not be appealed under this section.
(2)Procedure. The hearing examiner shall conduct a hearing pursuant to the Hearing Examiner Code and
Rules of Procedure, as adopted 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, thehearing examiner shall either: (i) affirm the director’s notice or
stop work order if 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 theperson 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
JCC8.90.190.
(i)The hearing examiner has the following options in assessing monetary penalties:
(A)Assess monetary penalties beginning on the date the notice was issued;
(B)Assess monetary penalties beginning on the correction date set by the director or an alternate
correction date set by the hearing examiner;
(C)Assess less than the established monetary penalty set forth in JCC8.90.190, based on the criteria of
subsection (4)(d) of this section; or
(D)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 subsection (4)(d) of this section.
(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 JCC8.90.200, 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 is 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 JCC8.90.190. 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 JCC8.90.200.
A copy of the order of default shall be mailed to the person responsible and against whom the default
order was entered, to the county, and, if the person responsible is a tenant, to the landlord or owner of the
property where the nuisance is occurring.
(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 JCC8.90.110,8.90.190, and8.90.200. 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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.150Crimes designated.
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(1)Any person, company, firm, corporation, or other legal entity who creates, maintains, or permits a
nuisance, as defined under JCC8.90.050(32), shall be guilty of a misdemeanor, punishable by up to 90
days in jail and a fine of up to $1,000.
(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 $5,000. \[Ord. 7-19 §1 (Appx. A)\]
8.90.160Right 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 access to property for the
purpose of administering this chapter. The court may upon such application issue the search warrant for
the purpose requested. \[Ord. 7-19 §1 (Appx. A)\]
8.90.170Conflicts.
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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.180Representation 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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.190Monetary penalties.
(1)Any person, company, firm, corporation, or other legal entity who creates, maintains, or permits a
nuisance, as defined under JCC8.90.030(32), shall be subject to a monetary penalty. Each violation shall
constitute a separate civil violation for each and every day or portion thereof during which such violation
is committed, continued, or permit. The daily monetary penalties that may be assessed under this chapter
are as follows:
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Chapter 8.90PUBLIC NUISANCES
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First SecondSubsequent
Nuisance
ViolationViolationViolation
Abandoned $250$500$1,000
Vessel/Derelict
Vessel
Building $100$250$500
Nuisance
Burning $100$250$500
Nuisance
Civil Code $250$500$1,000
Violation
Public Right-of-$100$250$500
Way Nuisance
Salvage $250$500$1,000
Nuisance
Vehicle $250$500$1,000
Nuisance
Violation of $500$1,000$1,000
Stop Work
Order
All Other $250$500$1,000
Violations
\[Ord. 7-19 §1 (Appx. A)\]
8.90.200Recovery of costs.
(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 include, but are 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
andcontracts 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 JCC8.90.060(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.
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Chapter 8.90PUBLIC NUISANCES
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(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 iscompleted, 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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.210Settlement of monetary penalties and costs.
(1)The director is authorized to settle claims for monetary penaltiesincurred under JCC8.90.190and
costs incurred under JCC8.90.200when 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. \[Ord. 7-19 §1 (Appx. A)\]
8.90.220Enforcement fund –Authorized.
All monies collected from the assessment of civil penalties, abatement costs, or other costs recovered for
the work relating to nuisance enforcement shall be allocated to support expenditures for enforcement and
abatement and shall be accounted for through the creation of an account in the fund for enforcement and
abatement costs or other appropriate accounting mechanisms. \[Ord. 7-19 §1 (Appx. A)\]
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Chapter 15.05 BUILDING CODES
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TITLE 15 –PROPOSED UPDATES
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Chapter 15.05 BUILDING CODES
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15.05.090Violations –Penalties.
(1)The enforcement provisions codified in Title 19 JCC, Code Compliance, as currently enacted or as hereafter
amended, shall apply to any alleged or found violation of this chapter.
Unless otherwise more specifically provided, any person, firm, or corporation violating any of the provisions of this
chapter shall be deemed guilty of a misdemeanor and each such person, firm, or corporation shall be deemed guilty
of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of
this chapter is committed, continued, or permitted. Upon conviction of any such violation, such person, firm or
corporation shall be punished by a fine of not more than $1,000 or by imprisonment for not more than 90 days, or by
both such fine and imprisonment.
15.05.100Nuisance declaration.
Unless otherwise more specifically provided, any building or structure hereafter set up, erected, built, moved, or
maintained, or any use of property now or hereafter contrary to the provisions of the Jefferson County building code
ordinance, shall be declared unlawful and a public nuisance. Compliance with this chapter may be enforced by: (1)
Title 19, Code Compliance;a mandatory injunction brought by the owner or owners of land in proximity to the land
with the prescribed condition;or (2) an action or proceeding, brought by the Jefferson County prosecuting attorney
in a court of competent jurisdiction, to abate, remove, and enjoin such nuisance.
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Chapter 17.05 MASTER PLANNED RESORTS
GENERAL PROVISIONS
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TITLE 17 –PROPOSED UPDATES
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Chapter 17.05 MASTER PLANNED RESORTS
GENERAL PROVISIONS
DRAFT 10/06/2020
Chapter 17.05
GENERAL PROVISIONS
17.05.140Enforcement.
The enforcement provisions codified in Chapter 18.50Title 19 JCC, Code Compliance, as currently enacted or as
hereafter amended, shall apply to any alleged violation of this division, more commonly known as the “Port Ludlow
MPR code.”
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TITLE 18 –PROPOSED UPDATES
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18.05.240Enforcement.
This title, its chapters, and articles, as well as permits or decisions issued under them may be enforced through the
provisions of Title 19 JCC, Code Compliance. Enforcement through Title 19 JCC is not exclusive and additional
enforcement mechanisms may exist, such as actions in courts of competent jurisdiction or other local, state, or
federalgovernment agencies with enforcement authority. Enforcement of this title is within the discretion of the
administrator and does not create a duty on the part of the county or the administrator.
18.18.130Development standards in this title.
In additionto this chapter, development and standards in the UGA shall also comply, where applicable, with the
following chapters in the Unified Development Code:
18.05Introductory Provisions
18.10Definitions
18.15Land Use Districts
18.19Transitional Rural Development Standards of the
Irondale/Port Hadlock Urban Growth Area
18.20Performance and Use-Specific Standards
18.22Critical Areas
18.25Shoreline Master Program
18.30Development Standards
18.35Land Divisions
18.40Permit Application and Review Procedures/SEPA
Implementation
18.45Comprehensive Plan and GMA Implementing
Regulations Amendment Process
18.50Enforcement
18.19.130Rural development standards.
For rural development allowed in this chapter, development shall be consistent with the following Uniform
Development Code chapters:
18.05Introductory Provisions
18.10Definitions
18.15Land Use Districts (except as specified in JCC
18.19.140)
18.20Performance and Use-Specific Standards
18.22Critical Areas
18.25Shoreline Master Program
18.30Development Standards
18.35Land Divisions
18.40Permit Application and Review Procedures/SEPA
Implementation
18.45Comprehensive Plan and GMA Implementing
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Regulations Amendment Process
18.50Enforcement
18.20.160Conversions of land to nonforestry use –Forest practices –Conversion option harvest plans
(COHP).
(1) Forest Practices –General Regulations for Forest Management.
(a) Forest practices (those practices pertaining to protecting, producing, and harvesting timber for economic
use) shall be subject to Chapter 76.09 RCW, the Washington State Forest Practices Act, its implementing
regulations at WAC Title 222, applicable provisions of the Jefferson County Shoreline Master Program, and
this code as established in this section.
(b) Emergency Conditions. No prior notification or application shall be required for emergency forest practices
necessitated by and commenced during or immediately after fire, windstorm, earthquake, structural failure or
other catastrophic event. Within 48 hours after commencement of such practice the operator shall submit an
application or notification to the WDNR with an explanation why emergency action was necessary so that the
WDNR may evaluate the appropriateness of the “emergency” and of the actions taken. Such emergency forest
practices are subject to Chapter 76.09 RCW, WAC Title 222, and county authorities derived from them
(including the requirements of this code); provided, that the operator:
(i) May take any reasonable action to minimize damage to forest lands, timber or public resources from
the direct or indirect effects of the catastrophic event; and
(ii) Shall comply with any requirements of a notice to comply or stop work order as if the operations were
conducted pursuant to an approved application (RCW 76.09.060(7); WAC 222-20-070).
(c) Harvesting without a Permit. When harvesting takes place without a permit (except as provided in
subsection (1)(b) of this section), the county shall impose the six-year moratorium of subsection (5)(b) of this
section from the date the unpermitted harvesting was discovered by the WDNR or the county. If the land is
converted to nonforestry use, this also constitutes an illegal conversion that is subject to the enforcement
provisions of sections (6)(a)(ii) and (6)(a)(iii) of this section (RCW 76.09.060(3)(b)(i)(C) and (iii)).
(d) Logging roads shall be subject to provisions of this section and the Jefferson County Shoreline Master
Program, when applicable.
(2) Regulations by Designation. General regulations in this section shall apply to all land use districts.
(3) Class IV General Forest Practices and Jurisdictions.
(a) Purpose.
(i) Class IV general forest practices involve the conversion of forested lands to nonforestry uses, or forest
operations being conducted on lands with a high likelihood for conversion to nonforestry use, such as in a
designated urban growth area.
(ii) Recognizing the potential for higher impacts related to a conversion, Class IV general applications are
subject to approval conditions pursuant to environmental, critical areas, and stormwater review.
(b) Applicability. Applications involving any of the following circumstances are Class IV general:
(i) Lands that have been or are being converted to nonforestry use;
(ii) Forest practices (other than those in Class I) on lands platted after January 1, 1960;
(iii) Lands with a likelihood of future conversion to urban development within the next 10 years;
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(iv) Forest practices which would otherwise be Class III, but which are taking place on lands which are not
to be reforested because of the likelihood of future conversion to urban development (WAC 222-16-060
and 222-34-050); and
(v) All Class I, Class II (including timber harvest and road construction) and Class III forest practice
applications in any designated unincorporated urban growth area.
(c) Exceptions to the Requirement for a Class IV General Permit. Exceptions to the requirement for a Class IV
general forest practices application are determined by WDNR through application of the pertinent WAC under
the Forest Practices Act. Proposals that do not require a Class IV general from WDNR may still require a
stormwater management permit or other review by Jefferson County.
(d) Jurisdiction for Class IV General Permit Review and Approval. Until such time as the local government
entity assumes sole jurisdiction over Class IV general forest practices through procedures outlined in the Forest
Practices Act, WDNR maintains permit authority over Class IV general applications. However, activities
proposed in conjunction with a Class IV general forest practices application require a companion stormwater
management review by Jefferson County. In accordance with WAC 222-20-010(8), a local government
clearing and/or grading permit is necessary information for a complete Class IV general forest practices
application to the WDNR. The equivalent approval in Jefferson County is a stormwater management permit,
which shall be obtained prior to conducting land disturbing activity (JCC 18.30.070).
(4) Regulations Governing Class IV General Forest Practice Permits, and Conversion of Forested Land to
Nonforestry Use.
(a) SEPA Review Required. Class IV general forest practices are reviewed under SEPA, and the preparation of
a checklist (see Chapter 18.40 JCC) is required. (However, Class I forest practices in urban growth areas when
processed as Class IV general forest practicesare not subject to environmental review under SEPA.)
(b) Procedures for Conversion to Nonforestry Use. If a forest practice permit application indicates the intention
by the property owner to convert to a nonforestry use, or if forest practices are proposed to occur on land
platted after January 1, 1960:
(i) The county is lead agency for environmental review of Class IV general forest practices under the State
Environmental Policy Act. This review shall be conducted in association with a stormwater management
permit application submitted to the county for the proposed activities that also require a Class IV general
forest practices application with WDNR.
(ii) Any proposal which encompasses a conversion from forestry to nonforestry use shall require a
stormwater management permit from Jefferson County and be reviewed by the county for compliance
with the requirements and standards of this code, including such as shorelines, critical areas, road design,
stormwater management, and grading and excavation), and other applicable codes and regulations.
(5) Regulations Governing Continuance of Forestry Use.
(a) Landowner’s Intention Not to Convert.
(i) If the landownersubmits a signed statement to the WDNR, as part of a forest practices application, that
the land will be retained in forestry use and will not be converted to uses other than commercial forest
product operations within 10 years after approval of the application, then a Class IV general permit and
accompanying county stormwater management permit will not be required, and a mandatory development
moratorium shall be applied (see subsection (5)(b) of this section).
(b) Mandatory Six-Year Development Moratorium. For six years after the date of the application the county
shall deny any and all applications for permits or approvals, including building permits and subdivision
approvals, relating to or for nonforestry uses of land subject to the application (RCW 76.09.060(3)(b)(i), (ii),
and (iii)).
(c) Release of Moratorium.
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(i) A property owner can wait until the required time period expires or apply to have the development
moratorium released or apply to the county for a “release” from the moratorium for the construction of a
single-family residence on the subject parcel or for a “full release” from the moratorium for the full extent
of the area covered by the moratorium.
(ii) The administrator may “release” the development moratorium for the construction of one single-family
residence and related accessory buildings on a legal lot and building site through a Type II approval
process.
(iii) A “full release” from a moratorium shall be subject to a Type III quasi-judicial process.
(iv) A release of development moratorium is subject to the following findings:
(A) The person requesting the release did not attempt to avoid the county review or restrictions of a
conversion forest practices application, as evidenced by a transfer of property;
(B) Critical areas and their buffers, and shoreline area as set forth in this code and the Shoreline Master
Program were not damaged in the forest practice operation, or that any such damage is repairable with
restoration; and
(C) Corrective action can be undertaken to provide for compliance with applicable conversion
standards established by this section.
(v) At least 10 days prior to taking action on a request for release, and following a Type II or III
procedure, the administrator shall solicit comments from the following:
(A) Property owners of record within 300 feet of the subject property within an urban growth area, or
within 500 feet of the subject property if outside of an urban growth area;
(B) Appropriate state departments such as Ecology, Natural Resources and Fish and Wildlife;
(C) Appropriate tribal governments; and
(D) Other interested parties requesting such permit information.
(vi) The administrator or hearings examiner may authorize, conditionally authorize, or deny a release
application.
(vii) Upon request of the property owner, the moratorium may be rescinded by the administrator if an
approved forest practices application has been either withdrawn or expired, and no harvest in reliance
upon such approval has taken place.
(d) Continuing Forestry in Urban Growth Areas. Forest practices within a designated UGA require a Class IV
general permit, unless:
(i) The landowner submits a signed statement of intent not to convert for 10 years, as per subsection (5)(a)
of this section, with an application, accompanied by either a written forest management plan acceptable to
the WDNR or documentation that the land is enrolled under the provisions of Chapter 84.33 RCW (i.e.,
proof of forest tax class status). A mandatory development moratorium shall be applied (see subsection
(5)(b) ofthis section); or
(ii) A COHP is submitted to the WDNR as part of an application.
(6) Illegal Conversions and Enforcement.
(a) Conversion without a Class IV General Permit or COHP.
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(i) If land is converted to a use other than commercial forest product operations within six years after
approval of a forest practices permit application that was not a Class IV general or did not have a COHP
attached, the conversion constitutes a violation of each of the local and regional authorities to which the
forest practice operations would have been subject if the application had stated that conversion was
intended (RCW 76.09.060(3)(b)(iii)).
(ii) The county shall impose the six-year moratorium of subsection (5)(b) of this section from the date the
unpermitted conversionwas discovered by the WDNR or the county (RCW 76.09.060(3)(b)(i)(C)).
(iii) Violations may be subject to civil or criminal penalties, as per Chapter 222-46 WAC. The county may
also enforce its regulations as provided in subsection (6)(a)(i) of this section, using the procedures in
Chapter 18.50 JCCTitle 19 JCC.
(b) Failure to Comply with Reforestation Requirements. This constitutes a removal of forest tax designation
and a change of use, and shall subject the lands to the payments and/or penalties resulting from such removals
or changes (RCW 76.09.060(3)(b)(ii)).
(7) Conversion Option Harvest Plan (COHP) –General Regulations.
(a) A COHP is a voluntary plan developed by the landowner and approved by the county that indicates the
limits and types of harvestareas, road locations, and open space. This approved plan is submitted to the WDNR
as part of a Class II, Class III, or Class IV special forest practice application, and is attached to and becomes
part of the conditions of the permit approved by the WDNR.
If the requirements of the COHP are continuously met by the landowner, the COHP maintains the landowner’s
option to convert to a use other than commercial forest product production; that is, it releases the landowner
from the six-year moratorium on futuredevelopment (see subsection (5)(b) of this section) without having to
file a Class IV general application (WAC 222-20-050(2)).
Failure to meet the requirements of the COHP requires the imposition of the six-year moratorium, and
conversions under such circumstances are illegal conversions; see subsection (7)(f) of this section.
(b) All applications for a COHP shall be submitted to the administrator in a form to be determined by the
administrator. COHP will be processed and reviewed in the same manner as a Type II permit review process
for compliance with development and performance standards of this code. The application shall include:
(i) The application checklist, including a legal description of the property;
(ii) The COHP agreement form;
(iii) The application fee;
(iv) Maps and drawings of the property detailing the following:
(A) Location of existing and proposed roads, yarding areas, and access points;
(B) Location and types of vegetation, old growth trees (all trees over 125 years old), and snags;
(C) Location and type of soils;
(D) Location and type of water bodies, drainage ways, or wetlands;
(E) Location and type of critical habitat areas and other critical areas (see Chapter 18.22 JCC);
(F) Comprehensive Plan designation for the property;
(G) Intended use(s), if known;
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(H) Approximate limits of conversion option harvest area;
(I) Specific plans to modify or conduct forest practice activity for future conversion options;
(J) Location and approximate dimensions of all clearcut areas; and
(K) Parcel boundaries and dimensions;
(v) Maps sufficient to describe any and all off-site improvements or access roads, together with evidence
that all property owners of record, and all easement holders, for the off-site areas and access roads have
signed an agreement to the use of the off-site area(s) and access roads;
(vi) An erosion control plan consistent with the requirements of JCC 18.30.070.
(c) All COHPs meeting the following minimum standards stipulated below will be subject to the Type II review
process. Proposals meeting the COHP criteria will not be subject to review under the State Environmental
Policy Act.
(i) No more than 40 percent of the number of standing merchantable trees and trees 12 inches diameter-at-
breast-height (dbh) or greater may be harvested under a COHP. All stumps and understory shall remain
undisturbed as much as possible. No brush raking is permitted. Additional harvesting within six years
from the date the COHP harvest is completed will require submittal of a State Environmental Policy Act
(SEPA) checklist and SEPA review by the county (see Chapter 18.40 JCC).
(ii) A COHP shall preserve a 50-foot-wide buffer along the perimeter of the site. With the exception of
approved road access points, no more than 30 percent of the total number of standing merchantable trees
and trees 12 inches dbh or greater may be removed within the buffer; provided, that no portion of the
buffer shall be clearcut.
(iii) A COHP shall preserve a 50-foot-wide buffer along all public and private road rights-of-way
adjoining or abutting the subject property. A 15-foot-wide buffer shall be preserved along roads within the
subject property. With the exception of approved road access points, no more than 30 percent of the total
number of standing merchantabletrees and trees 12 inches dbh or greater may be removed within the
buffer; provided, that no portion of the buffer shall be clearcut.
(iv) All roads in a COHP shall be designed to accommodate the potential for future development and
subdivision of the property. Roads and skid trails shall minimize total road length. All roads in a COHP
shall meet the design and construction standards specified in Chapter 18.30 JCC. All roads which propose
to cross a stream shall be required to obtain an hydraulic project approval (HPA) permit, as determined by
the Washington Department of Fish and Wildlife, prior to submittal of the COHP.
(v) A COHP shall minimize the number and size of clearcut areas. No individual clearcut areas may
exceed 10 percent of the total acreage,up to a maximum of two acres.
(vi) A COHP shall contain written authorization from the property owner agreeing to Jefferson County
enforcement of nonforestry-related conditions of the COHP permit issued by the WDNR.
(vii) All COHP harvest activities shallbe completed within two years from the date the COHP forest
practice permit is issued by the WDNR.
(viii) Where evidence of unstable soils (as defined by the WDNR) exists, no trees or other vegetation will
be removed on slopes exceeding 30 percent. On slopes of 15 percent to 30 percent, no undergrowth shall
be removed and tree removal shall not exceed 25 percent of the total number of trees.
(ix) Where soils are documented as stable, tree removal shall not exceed 30 percent of the total number of
trees on slopes between 20 percent and 40 percent. Tree removal and removal of vegetative cover is not
permitted on slopes exceeding 40 percent.
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(x) All trees over 125 years old shall be retained where practical. Snags shall be retained where they do
not pose a safety hazard.
(xi) Trees remaining on the site after the harvest will represent all species and size classes existing on the
site before harvest.
(xii) Trees remaining on the site will be of sufficient quality (good crown cover, deep root system, and
healthycondition) to survive after the harvest is complete.
(xiii) All required buffers shall be flagged and approved prior to harvesting.
(d) Any COHP which exceeds the minimum requirements of subsection (7)(c) of this section, or exceeds
thresholds listed below, shall be submitted in the same manner described above but will also require (i) a site
inspection by the county to evaluate the potential impacts of the COHP; and (ii) the preparation of a SEPA
checklist. Note: the standard for the preparation of a checklist for forest practices is the “potential for
substantial impact on the environment.” If the site inspection and checklist indicate that there will be probable
significant impacts, a determination of significance shall be issued unless the impacts can be sufficiently
mitigated for an MDNS (see Chapter 18.40 JCC).
The thresholds for review are:
(i) The total property included in the COHP is greater than 20 acres, or any portion is classified as
designated forest land or is located within a forest resourceland use district;
(ii) The COHP includes harvest on slopes exceeding 40 percent;
(iii) The COHP includes any clearcut areas exceeding two acres;
(iv) The COHP has potential for substantial adverse impacts on wildlife, as determined by the Washington
Department of Fish and Wildlife;
(v) The COHP has potential for substantial adverse impacts on archaeological resources, as determined by
the Washington Office of Archaeology and Historic Preservation or a qualified professional;
(vi) The COHP has potential for substantial adverse impacts on Class 1 or Class 2 regulated wetlands,
includes fill in wetlands, or is located where no natural wetland bufferingvegetation is present.
(e) The WDNR shall review and take action on all permit applications that have approved COHPs attached
within 30 days from the date of a complete application. Failure of the WDNR to take action within 30 days
shall result in the COHP plan being approved as submitted.
(f) Failure to Comply with the Terms of a COHP.
(i) An approved COHP may not be altered or revoked by the permittee without written agreement by the
administrator, or by the county without agreement by the permittee, andin either case must be approved
by the WDNR.
(ii) If a landowner fails to comply with the requirements of the conversion option harvest plan, the county
shall impose the six-year moratorium of subsection (5)(b) of this section from the date the application for
the permit was given final approval by the WDNR or by the county (if approval jurisdiction had been
transferred to the county) (RCW 76.09.060(3)(b)(i)(F)).
(iii) If a landowner fails to comply with the requirements of the conversion option harvest plan, any
conversion that occurs constitutes an illegal conversion that is subject to the enforcement provisions of
subsections (6)(a)(ii) and (6)(a)(iii) of this section.
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(g) Improvements Subject to This Code. If any off-site or on-site improvements are subject to development or
performance standards or permit requirements of this code, such requirements shall be met before a COHP
approval is granted by the county. \[Ord. 14-18 § 4 (Exh. B); Ord. 8-06 § 1\]
18.22.350Mitigation.
The overall goal of mitigation shall be no net loss of wetland function, value, and acreage.
(1) Mitigation Sequence. Mitigation includes avoiding, minimizing, or compensating for adverse impacts to
regulated wetlands or their buffers. When a proposed use or development activity poses potentially significant
adverse impacts to a regulated wetland or its buffer, the preferred sequence of mitigation as defined below shall be
followed unless the applicant demonstrates that an overriding public benefit would warrant an exception to this
preferred sequence.
(a) Avoiding the impact altogether by not taking a certain action or parts of actions on that portion of the site
which contains the regulated wetland or its buffer;
(b) Minimizing impacts by limiting the degree or magnitude of the action and its implementation;
(c) Rectifying the impact by repairing, rehabilitating, or restoring the affected environment;
(d) Reducing or eliminating the impact over time by preservation and maintenance operations during the life of
the action; or
(e) Compensating for the impact by replacing, enhancing, or providing substitute resources or environments.
(2) Compensatory Mitigation –General Requirements. As a condition of any permit or other approval allowing
alteration which results in the loss or degradation of regulated wetlands, or as an enforcement action pursuant to
Chapter 18.50Title 19 JCC, compensatory mitigation shall be required to offset impacts resulting from the actions
of the applicant or any code violator.
(a) Except persons exempt under this article, any person who alters or proposes to alter regulated wetlands shall
restore or create areas of wetland equivalent to or larger than those altered in order to compensate for wetland
losses. The following table specifies the ratios that apply to creation or restoration that is in-kind, on-site, and is
accomplished prior to or concurrently with alteration:
Table 18.22.350
Required Replacement Ratios for Compensatory Wetland Mitigation
1
Category and Type Re-establishment or Rehabilitation OnlyRe-establishment or Re-establishment or Enhancement
1
of Wetland ImpactsCreationCreation (R/C) and Creation (R/C) and Only
11
Rehabilitation (RH)Enhancement (E)
All Category IV1.5:13:11:1 R/C and 1:1 RH1:1 R/C and 2:1 E6:1
All Category III2:14:11:1 R/C and 2:1 RH1:1 R/C and 4:1 E8:1
Category II EstuarineCase-by-case4:1Case-by-caseCase-by-caseCase-by-case
Rehabilitation of an
estuarine wetland
Category II 2:14:11:1 R/C and 2:1 RH Not considered an Not considered an
22
InterdunalCompensation has to Compensation has to be Compensation hasoptionoption
be interdunal wetlandinterdunal wetlandto be interdunal wetland
All Other Category 3:16:11:1 R/C and 4:1 RH1:1 R/C and 8:1 E12:1
II
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1
Category and Type Re-establishment or Rehabilitation OnlyRe-establishment or Re-establishment or Enhancement
1
of Wetland ImpactsCreationCreation (R/C) and Creation (R/C) and Only
11
Rehabilitation (RH)Enhancement (E)
Category I Forested6:112:11:1 R/C and 10:1 RH1:1 R/C and 20:1 E24:1
Category I4:18:11:1 R/C and 6:1 RH1:1 R/C and 12:1 E16:1
Based on Score for
Functions
Category I Natural Not considered 6:1R/C not considered R/C not considered Case-by-case
333
Heritage SitepossibleRehabilitation of a possiblepossible
Natural Heritage site
Category I Coastal Not considered 6:1R/C not considered R/C not considered Case-by-case
333
LagoonpossibleRehabilitation of a possiblepossible
coastal lagoon
Category INot considered 6:1R/C not considered R/C not considered Case-by-case
333
BogpossibleRehabilitation of a bogpossiblepossible
Category I EstuarineCase-by-case6:1Case-by-caseCase-by-caseCase-by-case
Rehabilitation of an
estuarine wetland
1
These ratios are based on the assumption that the rehabilitation or enhancement actions implemented represent the average degree of
improvement possible for the site. Proposals to implement more effective rehabilitation or enhancement actions may result in a lower ratio, while
less effective actions may result in higher ratio. The distinction between rehabilitation and enhancement is not clear-cut. Instead, rehabilitation
and enhancement actions span a continuum. Proposals that fall within the gray area between rehabilitation and enhancement will result in a ratio
that lies between the ratios for rehabilitation and the ratios for enhancement.
2
Due to the dynamic nature of interdunal systems, enhancement is not considered an ecologically appropriate action.
3
Natural heritage sites, coastal lagoons, and bogs are considered irreplaceable wetlands because they perform some functions that cannot be
replaced through compensatory mitigation. Impacts to such wetlands would therefore result in a net loss of some functions no matter what kind of
compensation is proposed.
(b) Compensation must be completed prior to wetland destruction, where possible.
(c) Compensatory mitigation must follow an approved compensatory mitigation plan pursuant to this article,
with the replacement ratios as specified above.
(d) Compensatory mitigation must be conducted on property that will be protected and managed to avoid
further development or degradation. The applicant or code violator must provide for long-term preservation of
the compensation area.
(e) The applicant shall demonstrate sufficient scientific expertise, supervisory capability, and financial
resources, including bonding, to carry out the project. The applicant must demonstrate the capability for
monitoring the site and making corrections if the project fails to meet projected goals.
(f) Compensatory mitigation must monitor the impact and take appropriate corrective measures.
(3) Compensatory Mitigation –Type, Location, and Timing.
(a) Priority will be given to in-kind, on-site compensation if feasible and if the wetland to be lost has a
moderate to high functional value.
(b) When the wetland to be impacted is of a limited functional value and is degraded, compensation may be of
the wetland community type most likely to succeed with the highest functional value possible.
(c) Out-of-kind compensation may be allowed when out-of-kind replacement will best meet identified goals
(for example, replacement of historically diminished wetland types). Where out-of-kind replacement is
accepted, greater acreage replacement ratios may be required to compensate for lost functional values.
(d) Off-site compensation can be allowed only if:
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(i) On-site compensation is not feasible due to hydrology, soils, waves, or other factors;
(ii) On-site compensation is not practical due to probable adverse impacts from surrounding land uses;
(iii) Potential functional values at the site ofthe proposed restoration are significantly greater than the lost
wetland functional values; or
(iv) Off-site compensation will be conducted in accordance with subsection (4) of this section
(Cooperative Compensation Projects).
(e) Except in the case of cooperative compensation projects, off-site compensation must occur within the same
watershed where the wetland loss occurs; provided, that Category IV wetlands may be replaced outside of the
watershed if there is no reasonable technical alternative. The stormwater storage function provided by Category
IV wetlands must be provided for within the design of the development project.
(f) Except in the case of cooperative compensation projects, in selecting compensation sites applicants must
pursue locations in the following order of preference:
(i) Filled, drained, or cleared sites which were formerly wetlands and where appropriate hydrology exists;
and
(ii) Upland sites, adjacent to wetlands, if the upland is significantly disturbed and does not contain a
mature forested or shrub community of native species, and where the appropriate natural hydrology exists.
(g) Construction of compensation projects must be timed to reduce impacts to existing wildlife and flora.
Construction must be timed to assure that grading and soil movement occurs during the dry season. Planting of
vegetation must be specifically timed to the needs of the target species.
(h) A mitigation plan shall include a monitoring plan. The duration, frequency and methods of monitoring
depend on a project’s goals, objectives, and performance standards. In general, monitoring is required for at
least five years. If a scrub-shrub or forested vegetative community is proposed, monitoring may be required for
10 years or more. Monitoring may be extended if interim performance standards are not met.
(4) Cooperative Compensation Projects. The county may encourage, facilitate, and approve cooperative projects
where one or more applicants, or an organization with demonstrated capability, may undertake a compensation
project if it is demonstrated that:
(a) Creation of one or several larger wetlands may be preferable to many small wetlands;
(b) The group demonstrates the organizational and fiscal capability to act cooperatively;
(c) The group demonstrates that long-term management of the compensation area can and will be provided; and
(d) There is a clear potential for success of the proposed compensation at the identified compensation site.
Conducting compensation as part of a cooperative process does not reduce or eliminate the required
replacement ratios outlined in this article. \[Ord. 3-08 § 1\]
Article VIII. Special Reports
18.22.540Failure to submit required reports.
Failure to submit a report required under this article shall constitute a failure to comply with the terms of the permit,
and shall be processed by the administrator pursuant to Chapter 18.50Title 19 JCC,Enforcement.
18.35.050Violations –Penalties.
(1) Criminal Penalties and Liability. Any person, firm, corporation, or association or any agent of any person, firm,
corporation or association who sells, offers for sale, leases, or transfers any lot, tract, or parcel of land prior to
compliance with this chapter is guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine
not to exceed $1,000 or by imprisonment in jail for a term not exceeding 90 days, or by both such fine and
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imprisonment. Each violation or each sale, offer for sale, lease, or transfer of each separate lot, tract, or parcel of
land in violation of any provision of this chapter is deemed a separate and distinct offense. If performance of an
offer of agreement to sell, lease or otherwise transfer a lot, tract or parcel of land following preliminary approval of
a short plat or long plat, but prior to final plat approval, is expressly conditioned on the recording of the final plat
containing the lot, tract or parcel under this chapter, the offer or agreement does not violate any provision of this
chapter. All payments on account of an offer or agreement conditioned as provided in this chapter shall be deposited
in an escrow account and no disbursements to sellers are permitted until the final plat is recorded. This prohibition
of property transfers prior to compliance with this chapter shall apply equally to transfers prior to completion of
short subdivisions, long subdivisions and binding site plans.
(2) Chapter 18.50Title 19JCC Applicable. In addition to the penalties provided in this section, all violations of any
provision of this chapter or any incorporated standards, or conditions of any permit issued hereunder, are subject to
the provisions of Chapter 18.50Title 19JCC. The administrator is authorized to enforce the provisions of this
chapter in accordance with Chapter 18.50Title 19JCC.
(3) Other Enforcement Action. In the event an applicant for a short subdivision, long subdivision, or binding site
plan fails and refuses to install required improvements in the time required by any preliminary or final approval, the
county may withhold further building or other development permits, make demand against any bonds, collect
moniesdeposited in escrow to secure installation of improvements, initiate a local improvement district, or take such
other action as may be necessary to cause the improvements to be made.
18.40.040Project permit application framework.
Table 8-1. Permits –Decisions
1
Type IType IIType IIIType IVType V
Septic permitsClassification of unnamed and Reasonable economic use Final plats Special use permits, such as
discretionary uses under variances under JCC under Chapter for siting essential public
Article II of Chapter 18.15 18.22.09018.35 JCCfacilities under JCC
JCC18.15.110
Allowed uses not requiring Release of six-year FPA PRRDs under Article VI-M of Final PRRDs Jefferson County
notice of application (e.g., “Yes” moratorium foran individual Chapter 18.15 JCC and major under Article Comprehensive Plan
uses listed in Table 3-1 in JCC single-family residence under amendments to PRRDs under VI-M of amendmentsunder Chapter
18.15.040, building permits, JCC 18.20.160JCC 18.15.545(3)Chapter 18.15 18.45 JCC
etc.)JCC
Minor amendments to planned Cottage industries under JCC Shoreline substantial Amendments to development
rural residential developments 18.20.170development permits, regulations
(PRRDs) under JCC 18.15.545conditional use permits, and
variance permits under the
Jefferson County Shoreline
Master Program (SMP)
Home businesses approved Short subdivisions underPlat alterations and vacations Amendments to the Jefferson
under JCC 18.20.200Article III of Chapter 18.35 under JCC 18.35.030(3)County SMP
JCC
Temporary outdoor use permits Binding site plans under Long subdivisions under Subarea and utility plans and
under JCC 18.20.380Article V of Chapter 18.35 Article IV of Chapter 18.35 amendments thereto
JCCJCC
Stormwater management Administrative conditional Discretionary conditional use Development agreements
permits under JCC 18.30.070use permits under JCC permits under JCC and amendments thereto
18.40.520(1) and listed in 18.40.520(2) \[i.e., listed in under Article XI of this
Table 3-1 in JCC 18.15.040 as Table 3-1 in JCC 18.15.040 as chapter
“C(a)”“C(d)”\] where required by
administrator
Road access permits under JCC Discretionary conditional use Conditional use permits under Master plans for master
18.30.080permits under JCC JCC 18.40.520(3) \[i.e., uses planned resorts
18.40.520(2) listed in Table 3-listed in Table
1 in JCC 18.15.040 as “C(d)”3-1 in JCC 18.15.040 as “C”\]
unless Type III process
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1
Type IType IIType IIIType IVType V
required by administrator
Sign permits under JCC Minor variances under JCCMajor variances under JCC Amendments to the Unified
18.30.15018.40.640(2)18.40.640(3)Development Code
Boundary line adjustments Administrative conditional Wireless telecommunications
under Article II of Chapter 18.35 use permits, under Jefferson permits under JCC 18.20.130
County SMP, JCC and Chapter 18.42 JCC
JCC
18.25.620(3) listed in JCC
18.25.220, Table 18.25.220 as
“C(a)”
Discretionary conditional use
permits under Jefferson
County SMP, JCC
18.25.620(4) listed in JCC
18.25.220, Table 18.25.220 as
“C(d),” unless Type III
process required by
administrator
Minor adjustments to approved Wireless telecommunications Major industrial development
preliminary short plats under permits under JCC 18.20.130 conditional use approval
JCC 18.35.150and Chapter 18.42 JCCunder Article VIII of Chapter
18.15 JCC
Minor amendments to approved Small-scale recreation and
preliminary long plats under tourist (SRT) uses in SRT
Forest practices release of a
JCC 18.35.340overlay district under JCC
moratorium under Chapter
18.15.572.
18.20 JCC
Site plan approval advance
determinations under Article VII
Plat alterations under JCC
of this chapter and boundary line
18.35.670.
agreements under Article VIII of
Chapter 18.35 JCC
Appeals of enforcement
actions under Chapter 18.50
Exemptions under the Jefferson
JCC
County SMP
Revisions to permits issued
under the Jefferson County SMP
1
If not categorically exempt pursuant to SEPA, Type I projects shall be subject to the notice requirements of JCC 18.40.150 through 18.40.220
and Article X of this chapter (the SEPA integration section).
18.40.810Appeals.
(1) Appeal of a Threshold Determination for a Type I Permit Decision. Threshold determinations on Type I permit
decisions may not be appealed administratively to the hearing examiner.
(2) Appeal of a Threshold Determination for Type II Permits –Open Record Hearing. The decision of the
responsible official on Type II permits making a threshold determination of a DNS or MDNS, approving a proposal
subject to conditions, or denying a proposal under SEPA’s substantive authority may be appealed to thehearing
examiner pursuant to JCC 18.40.280, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure for an open
record appeal hearing. Any such appeal must be filed within the time limits of JCC 18.40.330(2)(b), and must be
consolidated with any appeal on the underlying Type II permit decision.
(3) Appeal of a Threshold Determination for Type III Permits –Open Record Hearing. The decision of the
responsible official on Type III permits making a threshold determination of a DNS, approving a proposal subject to
conditions, or denying a project under SEPA’s substantive authority may be appealed to the hearing examiner
pursuant to JCC 18.40.280, Chapter 2.30 JCC, and the Hearing Examiner Rules of Procedure. The open record
public hearing on the SEPA appeal shall be before the hearing examiner, who shall consider the appeal together with
the decision on the project application in a single, consolidated hearing as further set forth in Article IV of this
chapter.
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(4) Appeals of Threshold Determinations for Type V Actions. Threshold determinations of the responsible official
on Type V decisions (other than a DS) may not be appealed to the hearing examiner.
(5) Limitations on Appeals for All Types of Permits. When a threshold determination results in a DS it shall not be
appealable. In addition, issues relating to the adequacy of the EIS and other procedural issues may not be appealed
under this article.
(6) Who May Appeal. An applicant or other party of record, as defined in Chapter 18.10 JCC, may file a SEPA
appeal as provided in this article.
(7) Time to Appeal Administrative Decisions. A written statement appealing the threshold determination must be
filed within 14 calendar days after the notice of decision is issued.
(8) Form of Appeal. A person or group appealing the decision of the responsible official shall submit a written
appeal in the form and manner set forth in Chapter 2.30 JCC and the Hearing Examiner Rules of Procedure.
(9) Scope of Review. The hearing examiner shall affirm, modify or reverse the responsible official’s decision, and
shall enter findings and/or conclusions into the record to support the decision. In making the decision, the hearing
examiner shall give deference to and afford substantial weight to the decision of the responsible official. Review
shall be on a de novo basis.
(10) Judicial Appeals. Pursuant to RCW 43.21C.075, if there is a time period for appealing the underlying permit
decision, appeals under this article shall be commenced within such time period. The county shall giveofficial
notice stating the date and place for commencing an appeal.
(a) Optional Limitation Period. If there is no time period for appealing the underlying government action, the
county, applicant for or proponent of an action may use a notice of action pursuant to RCW 43.21C.075 and
43.21C.080. The notice shall describe the action and state time limitations for commencing a challenge to that
action, in a form substantially similar to that provided in WAC 197-11-990. The notice shall be published by
the department, applicant or proponent pursuant to RCW 43.21C.080, and any action to set aside, enjoin,
review or otherwise challenge any such governmental action shall be commenced within 21 days from the date
of the last newspaper publication of the notice ofaction, as further set forth in RCW 43.21C.080.
(b) Exemption. This article does not apply to decisions made pursuant to Chapter 90.58 RCW, the Shoreline
Management Act. Appeals of SEPA mitigation measures pertaining to projects subject to Chapter 90.58 RCW
shall be made to the shoreline hearings board along with the appeal of the county’s shoreline decision, as
further set forth in Chapter 90.58 RCW. In addition, as an alternative dispute resolution process, any SEPA
appeal, whether involving a shoreline issue or not, may be made to the shoreline hearings board upon the
consent of the parties to the action, as further set forth in RCW 43.21C.075(7).
(11) Violations and Penalties. The administrator is authorized to enforce the provisions of this article whenever he or
she determines that a condition exists in violation of this article or permit issued hereunder. All violations of any
provisions of this article, incorporated standard or permit issued pursuant to this article are made subject to the
provisionsof Chapter 18.50 JCCTitle 19 JCC, which provides for voluntary correction, notice and orders to correct
the violation, stop work and emergency orders, and assessment of civil penalties.
(12) Public Nuisance. All violations of this article are determined to be detrimental to the public health, safety and
welfare and are public nuisances, and may be corrected by any reasonable and lawful means, as further set forth in
Chapter 8.90 JCCTitle19 JCC.
(13) Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this article
or by law or ordinance, any person who willfully or knowingly violates or fails to comply with any stop work order
or emergency order issued pursuant to Chapter 18.50Title 19JCC is guilty of a misdemeanor and upon conviction
shall be punished as set forth in JCC 18.50.11019.10.020 (2). Each day such violation or failure to comply
continues shall be considered an additional misdemeanor offense.
18.42.150Enforcement and penalties.
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Enforcement and penalties for violations of this chapter shall be subject to Chapter 18.50Title 19 JCC, or as
hereinafter amended.
Chapter 18.50
ENFORCEMENT
Sections:
18.50.010 Intent.
18.50.020 Violations.
18.50.030 Enforcement and duty to enforce.
18.50.040 Site investigation and right of entry.
18.50.050 Notice of voluntary correction.
18.50.060 Notice and order.
18.50.070 Stop work order and emergency order.
18.50.080 Appeal to hearing examiner.
18.50.090 Final order –Enforcement.
18.50.100 Suspension and revocation of permits.
18.50.110 Civil and criminal penalties.
18.50.120 Exception to enforcement and penalties –Land divisions.
18.50.130 Recovery of civil penalty and cost of abatement.
18.50.010Intent.
(1) The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage
the voluntary correction of violations to protect the public health, safety and welfare. If voluntary compliance fails
or is inapplicable in a given case, civil and criminal penalties will be used when necessary to ensure compliance
with the provisions of this UDC. Criminal charges will be brought only when civil remedies have failed to ensure
compliance and all lesser enforcement tools have proved futile.
(2) Nothing in this chapter shall be construed to prevent the building official, fire marshal, or local fire chief from
following the enforcement process and provisions ofthe International Building Code, the International Fire Code, or
any other standardized code adopted by the county. \[Ord. 2-06 § 1\]
18.50.020Violations.
(1) It is a violation of this UDC for any person to initiate or maintain, or to cause to be initiatedor maintained, any
use, alteration, construction, location, or demolition of any structure, land, or property within Jefferson County
without first obtaining permits or authorizations required by this UDC.
(2) It is a violation of this UDC to remove or deface any sign, notice, complaint, or order required by or posted in
accordance with this UDC.
(3) It is a violation of this UDC to misrepresent any material fact in any application, plans, or other information
submitted to obtain any land use authorization.
(4) It is a violation for any person to fail to comply with provisions of this code, to fail to comply with the terms or
conditions of a permit issued pursuant to this UDC, or to fail to comply with any or all notices or orders issued
pursuant to this chapter. \[Ord. 2-06 § 1\]
18.50.030Enforcement and duty to enforce.
(1) Provisions of this UDC will be enforced for the benefit of the health, safety, and welfare of the general public
and the environment and not for the benefit of any particular person or class of persons.
(2) The administrator is authorized to use the provisions of this chapter to remove, prevent and stop violations of this
UDC. The administrator may call upon law enforcement, fire, health, or other appropriate county departments to
assist in enforcement.
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(3) The owner of any real or personal property subject to enforcement action and/or any person responsible for a
violation at a particular site or real property shall be individually and jointly liable for failure to comply with this
UDC or to comply with any and all notices or orders issued pursuant to this code.
(4) No provision or term used in this chapter is intended to impose any duty upon the county or any of its officers or
employees, which would subject them or the county to damages in a civil action. \[Ord. 2-06 § 1\]
18.50.040Site investigation and right of entry.
(1) Any person submitting an application for any land use permit or any other land use activities shall also be
requested to give written consent to on-site inspection of their property solely for the purpose of assessing
compliance with any or all county development regulations applicable to the land use permit or proposal submitted
by that applicant.
(2) The administrator may, with the written consent of the owner, enter any building, structure, property or portion
thereof at reasonable times to inspect the same in order to determine whether the applicant and/or owner are in
compliance with any and all development regulations applicable to the land use permit or proposal submitted by that
applicant.
(3) If written consent of the applicantor owner to enter private property exists and if the administrator should find
such building, structure, property or portion thereof to be occupied, then the administrator shall present
identification credentials, state the reasons for the inspection, andrequest entry.
(4) If written consent of the applicant or owner to enter private property exists and if the administrator should find
such building, structure, property or portion thereof to be unoccupied, then the administrator shall first make a
reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or
portion thereof and request entry. If the administrator is unable to locate the owner or such other persons, and has
reason to believe that conditions therein create an immediate and irreparable land use of safety hazard, the
administrator may enter to investigate land use violations or safety hazards.
(5) Should the administrator be denied written consent to access such private property in orderto carry out the
purpose and provisions of this section, then the administrator shall, if entry upon private property is deemed
necessary, be required to obtain a lawful search warrant executed by a neutral magistrate or judge based upon
sufficient sworn proof of probable cause prior to entry upon private property.
(6) At such time as the county, through its administrator, concludes that the applicant has complied with all
development regulations applicable to the applicant’s proposal or application for one or more land use permits, the
written consent to enter the premises of the applicant for inspection and observation as permitted by this section
shall immediately expire.
(7) Because there will be circumstances, complaints or facts where an investigationof real property will be required
that does not arise from an existing application or request for one or more land use permits, the administrator is
permitted to take all lawful steps to investigate those circumstances or facts, including, but not limitedto, obtaining
a lawful search warrant executed by a neutral magistrate or judge based upon sufficient sworn proof of probable
cause prior to entry upon private property. \[Ord. 2-06 § 1\]
18.50.050Notice of voluntary correction.
(1) If after investigation,the administrator determines that any provision of the UDC has been violated, a notice of
voluntary correction letter should be the first attempt at obtaining compliance. If voluntary compliance is not
obtained, the administrator shall serve a notice and order, as set forth in JCC 18.50.060(6), upon the owner and
person(s) responsible for the violation.
(2) The notice of voluntary correction shall state the following:
(a) The street address, when available, and/or a legal description of real property sufficient to identify where the
violation occurred or is located;
(b) Description of the activity that is causing a violation;
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(c) Each provision violated under county regulations;
(d) The corrective action necessary to comply with said provisions;
(e) 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 60 calendar days, except as provided in subsection (4) of
this section; and
(f) That continued or subsequent violation may result in civil enforcement actions, as provided in JCC
18.50.110, to include monetary civil penalties, and/or abatement proceedings enforceable as a lien against
property or as a personal obligation.
(3) Following a notice of voluntary correction, the administrator and person in violation may meet to develop a
compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No
further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, a notice
and order will proceed.
(4) Upon written request received prior to the correction date, an administrator may, for good cause shown, grant an
extension of the date set for correction for an amount of time as deemed reasonable by the administrator. The
administrator 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.
(5) The voluntary correction process is optional as deemed by the administrator. If the administrator believes that the
requirements of this chapter are not being met, the administrator shall, in addition to the notice and order, issue
applicable stop work or emergency orders. \[Ord. 2-06 § 1\]
18.50.060Notice and order.
(1) Whenever the voluntary correctionprocess set forth in JCC 18.50.050 is unsuccessful, or the administrator
believes that the violation can only be promptly and equitably corrected by an immediate administrative notice and
order, the administrator shall issue a written notice and order directed either to the owner or operator of the source of
violation, the person in possession of the property where the violation originates or the person otherwise causing or
responsible for the violation.
(2) The notice and order shall state the following:
(a) The street address, when available, and/or a legal description of real property sufficient to identify where the
violation occurred or is located;
(b) A statement that the administrator has found the person to be in violation of a land use regulation, with a
brief and concise description of the conditions found to be in violation and a reference to county regulation(s)
which has been violated;
(c) A statement of the corrective action required to be taken. If the administrator has determined that corrective
work is required, the notice and order shall require that all required permits be secured, that work physically be
commenced and that the work be completed within such times as the administrator determines are reasonable
under the circumstances;
(d) A statement specifying the amount of any civil penalty that may be assessed and subsequently perfected and
collected at a later date on account of the violation and, if applicable, the conditions on which the assessment of
such civil penalty is based;
(e) A statement advising that if any work is not commenced or completed within the times specified, the
administrator will proceed to cause abatement of the violation and cause the work to be done and charge costs
as a lien against the property;
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(f) A statement advising that if any assessed civil penalty is not paid, the administrator will charge the amount
of the penalty as a lien against the property and as a joint and separate personal obligation of any person in
violation; and
(g) A description of the available appeals process.
(3) The notice and order may be appealed within 14 calendar days from the date of the notice and order to the
hearing examiner, pursuant to the provisions of JCC 18.50.080. The appeal shall be accompanied by an appeal fee in
an amount set forth by the county.
(4) Any per-day civil penalty shall not accrue during the pendancy of such administrative appeal, unless the hearing
examiner determines that the appeal is frivolous or intended solely to delay compliance.
(5) A failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative appeal
under this UDC.
(6) The notice of voluntary correction, notice and order, stop work order, or emergency order shall be served upon
the owner and person(s) responsible for the violation by the administrator or his designated representative over the
age of 18. The administrator may also mail a certified copy of such notice and orders, mailing such a certified copy
of the notice and orders to the fee or record owner ofthe property at the address where that record owner receives
the related tax bills for that real property from the Jefferson County treasurer. If the address of any such person
cannot reasonably be ascertained, a copy of the notice and order shall be mailed to such person at the address of the
location of the violation. The failure of any such person to receive such notice shall not affect the validity of any
proceedings taken under this chapter. Service by mail in the manner provided in this chapter shallbe effective on the
date of postmark. The notice and order may be, but is not required to be, posted on the subject property. \[Ord. 2-06 §
1\]
18.50.070Stop work order and emergency order.
(1) Stop Work Order. Whenever a continuing violation of any regulations within the UDC will: (a) materially impair
the administrator’s ability to secure compliance with the UDC; or (b) threaten the health or safety of the public; or
(c) threaten or harm the environment, then the administrator may issue a stop work order specifying the violation
and prohibiting any work or other activity at the site. The order may be posted on the subject property or may be
served on persons engaged in any work in violation of this chapter. No further work or activity shall proceed, unless
and until authorized by the administrator in writing. In the event the administrator issues a stop work order, the
voluntary correction procedures of JCC 18.50.050 and the notice and order provisions of JCC 18.50.060 shall not
apply. A failure to comply with a stop work order shall constitute a violation of this chapter.
(2) Emergency Order. Whenever any use or activity in violation of the UDC threatens the health or safety of
occupants of the premises or property, any member of the public or the environment, the administrator may issue an
emergency order directing that the use or activity be discontinued and the condition causing threat to health and
safety or threat and harm to the environment be corrected. The emergency order shall be served on the person(s)
responsible pursuant to JCC 18.50.060(6), which shall specify the time for compliance, and should be posted in a
conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order
shall constitute a violation of this code. In the event the administrator issues an emergency order, the voluntary
correction procedures of JCC 18.50.050 and the notice and order provisions of JCC 18.50.060 shall not apply. A
failure to comply with an emergency order shall constitute a violation of this chapter. \[Ord. 2-06 § 1\]
18.50.080Appeal to hearing examiner.
(1) Appeal. A person to whom a formal notice and order or an abatement order is directed may appeal such order by
filing a written notice of appeal with DCD within 14 calendar days from the date of the notice and order to the
hearing examiner pursuant to the provisions of Chapter 18.40 JCC.
(2) Fee. The appeal shall be accompanied by an appeal fee in an amount set forth by the county.
(3) Stay. Any per-day civil penalty shall not accrue during the pendency of such administrative appeal unless the
hearing examiner determines that the appeal is frivolous or intended solely to cause delay. Enforcement of any
formal notice and order or abatement order of the administrator issued pursuant to this chapter shall be stayed during
JeffersonCounty CodePage166/170
DRAFT 10/06/2020
the pendency of any appeal under this chapter, except when the administrator issues an emergency order and/or stop
work order pursuant to JCC 18.50.070.
(4) Waiver. Failure to file a timely and complete appeal will constitute a waiver of all rights to an administrative
appeal under the UDC.
(5) Administrative Conference. At any time prior to the convening of an appeal hearing of a notice and order issued
pursuant to JCC 18.50.060, an informal administrative conference may be conducted by the administrator for the
purposes of bringing communications between concerned parties and providing a forum for efficient resolution of
any violation. The administrator may call aconference on his or her own initiative or in response to a request from
the appellant. Any person attending this informal administrative conference agrees that any settlement offer(s),
statements or representations made at that conference by any person or by the administrator shall not be admissible
at any subsequent hearing or proceeding. As a result of information developed at the conference, the administrator
may affirm, modify or revoke the order. If the order is to be modified, a supplemental notice and order shall be
issued which shall be subject to the same procedures applicable to all notices and orders contained in this chapter.
The administrative conference is optional with the administrator, and is not a prerequisite to utilization of any of the
enforcement provisions described in this chapter.
(6) Notification for appeal hearings shall follow the notification provisions of JCC 18.40.230. \[Ord. 2-06 § 1\]
18.50.090Final order –Enforcement.
If, after any order duly issued by the administrator hasbecome final, the person to whom such order is directed fails,
neglects or refuses to obey such order, including refusal to pay a civil penalty assessed and later perfected pursuant
to such an order, pursuant to JCC 18.50.110, the administrator may, with assistance from other county agencies if
needed:
(1) Institute any appropriate action needed to collect a civil penalty assessed under this chapter; and/or
(2) Abate the land use violation using the procedures of this chapter; and/or
(3) Pursue criminal penalties as set forth in JCC 18.50.110; and/or
(4) Pursue any other appropriate remedy at law or equity under this chapter. \[Ord. 2-06 § 1\]
18.50.100Suspension and revocation of permits.
(1) Suspension –Cause. The administrator may temporarily suspend anypermit issued under the UDC for:
(a) Failure of the holder to comply with the requirements of any development regulations, or rules promulgated
thereunder; or
(b) Failure of the holder to comply with any order issued pursuant to this chapter; or
(c) Interference with the administrator in the performance of his/her duties; or
(d) Discovery by the administrator that a permit was issued in error or on the basis of incorrect information
supplied to the county; or
(e) Failure to comply with the conditions and/or mitigation measures of any land use permit.
(2) Whenever the administrator finds just cause, permit suspension shall be carried out through the notice and order
provisions of JCC 18.50.060 and shall be effective upon service of the notice and order.
(3) The holder or operator of the permit may appeal the suspension as provided for by JCC 18.50.080.
(4) Revocation –Cause. The administrator may permanently revoke any permit issued under the UDC for just cause
under subsections (1)(a) through (1)(e) of thissection. \[Ord. 2-06 § 1\]
JeffersonCounty CodePage167/170
DRAFT 10/06/2020
18.50.110Civil and criminal penalties.
(1) Civil Penalties. Any person who violates any development regulations, or rules or regulations adopted under the
UDC, or the conditions and/or mitigation measures of any permit issued pursuant to such ordinance, rule or
regulation, or who, by any act or omission procures, aids or abets such violation shall be subject to civil penalties as
provided in this chapter.
(a) Civil penalties may be assessed by the administrator by means of a formal notice and order issued pursuant
to this chapter and may be recovered by legal action filed by the prosecuting attorney.
(b) Civil penalties, once perfected through the appropriate legal action, shall be collected in the same manner as
judgments in civilactions.
(c) Civil penalties shall be a cumulative penalty in the amount of $100.00 per day for each violation. Penalties
for the second separate violation of a like nature by the same person within a period of two years shall be
double that rate.
(d) Each and every day or portion thereof during which any violation is committed, continued, permitted or not
corrected shall be deemed a violation for purposes of this chapter. Civil penalties for violation of any formal
notice and order to correct the violation, stop work order, emergency order or any other order issued by the
administrator pursuant to this chapter (except an order to secure voluntary correction) shall begin to accrue on
the first day the order is served and shall cease on the day the violationis actually stopped or the correction is
completed.
(e) In addition to the penalties set forth in this section, violations causing significant damage as defined by the
following acts may also be assessed penalties at an amount reasonably determined by theadministrator to be
equivalent to the economic benefit that the violator derives from the violation, as measured by the greater of the
resulting increase in market value of the property or the value received by the violator, or savings of
construction costs realized by the violator:
(i) Grading (filling and/or excavation), clearing of vegetation and trees, and/or draining of riparian
corridors, wetlands and their buffers; or
(ii) Destruction of a historic landmark, or cultural or archaeological artifact asdefined by county
ordinance.
(2) Payment of a civil penalty initially assessed pursuant to this chapter does not relieve a person of the duty to
correct or remediate the violation as ordered by the administrator.
(3) In addition to any other penalty underthis chapter, the administrator is authorized to suspend or revoke any
permits issued pursuant to the UDC as further set forth in this chapter.
(4) Criminal Penalties. As a final alternative to any other administrative or legal remedies under this chapter, any
person who willfully or knowingly violates or fails to comply with any stop work order or emergency order, issued
by the administrator pursuant to this chapter, is guilty of a misdemeanor and upon conviction shall be punished by a
fine of not more than $1,000 or by imprisonment for not more than 180 days, or by both such fine and
imprisonment. Each day such violation or failure to comply continues shall be considered an additional
misdemeanor offense.
(5) Additional Relief. Notwithstanding other remedies in this chapter, the administrator may seek legal or equitable
relief to enjoin any acts or practices or abate any conditions which constitute or will constitute a violation of any
land use provision or regulations adopted under the UDC when civil or criminal penalties are inadequate to effect
compliance.
(6) Violator’s Liability for Damages. Any person who violates any provisions or any permit issued under the UDC
shall be liable for all damage to public or private property arising from such violation, including the cost of restoring
the affected area to its condition prior to violation. The prosecuting attorney may bring suit for damages under this
chapter on behalf of the county. If liability has been established for the cost of restoring an area affected by a
JeffersonCounty CodePage168/170
DRAFT 10/06/2020
violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at
the expense of the violator. \[Ord. 2-06 § 1\]
18.50.120Exception to enforcement and penalties –Land divisions.
The procedures and penalties of this chapter expressly do not repeal and replace the penalties and enforcement
provisions of Chapter 18.35 JCC, Land Divisions, but shall apply only to conditions of final plat approval. All other
enforcement and penalty provisions of Chapter 18.35 JCC, as they now exist or are later amended, shall remain in
full force and effect. \[Ord. 2-06 § 1\]
18.50.130Recovery of civil penalty and cost of abatement.
(1) Lien –Authorized. Jefferson County shall have an unperfected lien for any civil penalty imposed or for the cost
of any abatement work done pursuant to this chapter, or both, against the real property on which the civil penalty
was imposed or any of the abatement work performed.
(2) Personal Obligation –Authorized. The civil penalty andthe cost of abatement are also joint and separate
personal obligations of any person or entity in violation. The prosecuting attorney on behalf of the county may
collect the civil penalty and abatement work costs by use of all appropriate legal remedies.
(3) Lien –Foreclosure. The administrator shall cause a claim for lien to be filed for record in the Jefferson County
auditor’s office within 90 days of the date when the lien was perfected.
(4) The claim of lien shall contain the following:
(a) The authority for imposing a civil penalty or proceeding to abate the violation, or both;
(b) Proof, which may come from the document itself, of the legal perfection of the lien;
(c) A brief description of the civil penalty imposed or the abatement work done, or both, including the
violations charged and the duration thereof, including the time the work is commenced and completed and the
name of the persons or organizations performing the work;
(d) A legal description of the property to be charged with the lien;
(e) The name of the known or reputed owner, and, if not known, the fact shall be alleged; and
(f) The amount, including lawful and reasonable costs for which the lien is claimed.
(5) Verification. The administrator shall sign and verify the claim by oath to the effect that the administrator believes
the claim is just.
(6) Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the
court,insofar as the interests of third parties shall not be detrimentally affected by amendment. Nothing shall
prevent the administrator from removing or reducing the civil assessment or lien upon satisfactory evidence that the
violation of this development code has been abated, resolved, or removed.
(7) Foreclosure. The lien provided by this chapter, once perfected and recorded as a lien against any real property
owned in Washington by the debtor, may be foreclosed and enforced by a civil action in a court having jurisdiction.
All persons who have legally filed claims of liens against the same property prior to commencement of the action
shall be joined as parties, either plaintiff or defendant. \[Ord. 2-06 § 1\]
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Title 18 (Unified Development Code) should be amended to increase procedural due process for appeals, including an initial administrative appeal of the enforcement action at no cost
and ability to appeal imposition of subsequent daily fines;Chapter 8.01 (Environmental Health Civil Enforcement) requires certain violations to be issued as a civil infraction under
Chapter 7.80 RCW, which is adjudicated through District Court; and,Chapter 15.05 (Building Codes) only authorizes criminal violations.
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No uniform code enforcement process in the Jefferson County Code (JCC). Instead, all enforcement provisions live in their respective titles and chapters with differing requirements.
Examples:
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experience with environmental health and land use enforcement cases.
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Board of Health Enforcement Code Presentation
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closed. If no compliance, further enforcement proceedings continue.
Code Compliance receives information (complaint, Staff Report, etc.) of
Investigation continues to determine if violation exists. Violation must be
violation. If no reasonable belief of a violation, case is closed. If reasonable
belief, code compliance informs Property Owner of code and requirements.
proved by a preponderance of the evidence. If compliance is achieved, case
possible violations of the building, land use, environmental health, or public
County conducts an investigation to determine if there is reasonable belief of a
Notice of Violation (NOV) mailed to property owner. NOVs inform the property owner of the violation, impose a fine, and describe the appeal process. If no appeal within 14 days of the
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Board of Health Enforcement Code Presentation
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enforcement case is closed and fees becomes due.
If appeal is denied
Property owner may enter into a voluntary compliance agreement at this stage or any other stage after a notice of voluntary compliance.If compliance is achieved, the County may settle
the fines based upon approved guidance.If fines have not been settled or paid, the County may use property liens to enforce the fines. If the violation continues and is serious enough,
enforcement actions under the nuisance code may be commenced (possibly including abatement).
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administrative time for case preparation and adjudication. Appeal fee to the hearing examiner will be charged, current estimate is $500. If the applicant wins the appeal with the hearing
examiner, the fee will be refunded. If the appellant loses the appeal, all costs, including the full cost of the hearing and staff time will be billed to the appellant.
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and must be approved by the become effective.Rules will include detailed procedure on all aspects of the code enforcement process, including:
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Board of County Commissioners Compliance Code Presentation
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Debra Murdock, Code Compliance Coordinator
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Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney
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Board of County Commissioners Compliance Code Presentation
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---
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examiner,
2
Board of Health Compliance Code Presentation
after
appeal
jurisdiction
hearing
decision
the
to
competent
of
intermediate
House
-
agency
InAdministrative Appeal
the
court
Ifappealedfinala
1
Proposed 3 Step Appeal Process
9/17/2020
8
Board of Health Compliance Code Presentation
House
-
No cost to appellant. Cost saving measure for citizen and County to attempt to resolve code compliance issues prior to going to the hearing examiner or judicial appeal.Requires department
administrative time for case preparation and adjudication.
InAdministrative Appeal
•••
1
Proposed 3 Step Appeal Process
9/17/2020
9
Board of Health Compliance Code Presentation
If No Appeal to Hearing Examiner: Final Agency Decision
House
-
InAdministrative AppealDecision
1
Proposed 3 Step Appeal Process
9/17/2020
10
to
all
the
&
of
refundedbilled
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Appeal
the
:
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AppellantAppellantcosts,hearingappellant
Appeal to Hearing Examiner
••
2
Board of Health Compliance Code Presentation
House
-
InAdministrative Appeal
1
Proposed 3 Step Appeal Process
9/17/2020
11
If No Appeal to Court: Final Decision
Hearing ExaminerDecision
Appeal to Hearing Examiner
2
Board of Health Compliance Code Presentation
House
-
InAdministrative Appeal
1
Proposed 3 Step Appeal Process
9/17/2020
12
Appeal to Court
3
Appeal to Hearing ExaminerHearing ExaminerDecision
2
Board of Health Compliance Code Presentation
House
-
InAdministrative Appeal
1
Proposed 3 Step Appeal Process
9/17/2020
13
9/17/2020
Suspension of permits/licenses; Revocation of permits/licenses;Stop work orders; and.Notice to vacate.
Leaves certain EPH authority in place under Title 8:
(a)(b)(c)(d)
1.Appeal processes will remain as is under Title 8 for these actions.2. Elsewhere, EPH transitions from civil infraction system to an administrative process.
Transition to Hearing Officer Model for Some Compliance
Board of Health Compliance Code Presentation
14
9/17/2020
& BoH Public Hearings& BoH Deliberations
& BoH Informational Sessions
Finalize Draft Compliance CodeBoCCBoCC
BoCC
Take Action
---
-
-
134 Estimate legislative action: NLT 12/31/2020
2
5
Proposed Next Steps
Board of Health Compliance Code Presentation
15
Questions?
Schedule: Compliance Code Ordinance
2020Complaince Code
DateWhoItem
10/8/2020Philip H. - DonePrepare Draft Implementing Ordinance(s)
10/8/2020Pinky M. - DonePrepare Hearing Notice for BOH
10/8/2020Pinky M. - DonePacket Due for October BOH Hearing
10/9/2020Linda P. - DoneSend SEPA NDS & Checklist to Ecology. Ecology confirmed receipt
10/15/2020Compliance October Regular BOH Meeting - Informational Session & Approve
Code TeamSending Joint BoCC & BOH Hearing Notice for 11/19/2020 at BOH
Regular Meeting
10/16/2020P. HunsuckerDraft Joint Hearing Notice for BoCC to Philip Morley
10/19/2020Compliance BoCC Regular Meeting - Informational Session & Approve Joint Hearing
Code TeamNotice
10/20/2020Leslie LockeNewspaper 1st Publication of Notice for Joint BoCC & BOH Hearing on
11/19/2020
10/27/2020Leslie LockeNewspaper 2nd Publication of Notice for Joint BoCC & BOH Hearing on
11/19/2020
11/12/2020Pinky M.BOH Packet Due for 11/19/2020 Joint BoCC & BOH Hearing
11/12/2020Deb MurdockBoCC Packet Due for 11/19/2020 Joint BoCC & BOH Hearing on
Ordinance
11/17/2020Leslie LockeNotice for BoCC Special Session for 11/19/2020 Joint Hearing with BOH
on Ordinance
11/19/2020Pinky M.BoCC & BOH Comment Period on Ordinance Ends
11/19/2020Pinky M.Joint BoCC & BOH Hearing on Ordinance - No Action to Take, but
Deliberations Can Begin
11/23/2020Compliance BoCC Regular Meeting - BoCC deliberations on Ordinance
Code Team
12/8/2020Leslie LockeNotice for BoCC and BOH Special Session for 12/10/2020 Joint
Deliberations on Ordinance, if necessary
12/9/2020Compliance Last Day for Ecology's SEPA Review
Code Team
12/10/2020Compliance Joint Special BoCC & BOH Session for Deliberations on Ordinance, if
Code TeamNeeded
12/15/2020Leslie LockeNotice for BoCC Special Session for 12/17/2020 Joint Deliberations with
BOH on Ordinance
12/10/2020Compliance Joint Special BoCC & BOH Session for Deliberations on Ordinance, if
Code TeamNeeded
Page 1 of 2
Schedule: Compliance Code Ordinance
12/17/2020Compliance Regular BOH Meeting - Joint BoCC and BOH Deliberations and Adoption
Code Teamof Ordinance
ver. 10/09/2020
Page 2 of 2