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Home My WebLink AboutCompliance Code Presentation1 2020 Compliance Code Joint Hearing Presentation - BoCC & BoH November 19, Pinky Mingo, EPH Director Compliance Code Proposed Jefferson County Debra Murdock, Code Compliance Coordinator Philip C. Hunsucker, Chief Civil Deputy Prosecuting Attorney 11/19/2020 2 11/19/2020 Need for Compliance CodeOverview of Proposed CodeNext Steps List Policy Questions --- - 124 3 Compliance Code Joint Hearing Presentation - Goals for Today’s Session BoCC & BoH 3 Need for Compliance Code 4 Compliance Code Joint Hearing Presentation - BoCC & BoH Need for Compliance Code Unlike all surrounding jurisdictions, Jefferson County does not have a compliance code. 11/19/2020 5 4 Resources Wastes Precious 3 Long Takes Too Compliance Code Joint Hearing Presentation - BoCC & BoH 2 Tools Missing 1 Not Uniform Current Code Does Not Work 11/19/2020 - 19. - Criminal prosecution is at best impractical.The City of Port Townsend can use its enforcement code, but the County has none.The County could use the Public Nuisance Code, but it was not really designed for COVIDThe County needs a compliance code for effective COVID19 enforcement. RCWs limit enforcement of governor proclamations, state health department orders and county health officer orders to criminal prosecution. 19 - COVIDCompliance 7 Title 19 – Overview of the New Compliance Code 8 Title 19 (Compliance Code) New Compliance Provisions Public Nuisance Chapter 8.90 JCC (Nuisance Code) Compliance Code Joint Hearing Presentation - BoCC & BoH Based on Current Public Nuisance Code, Chapter 8.90 JCC. Includes Public Nuisance Protections Now in Chapter 8.90 JCC. If Adopted, Chapter 8.90 Would Be Repealed. New Compliance Code:1.2.3. Zips Codes Together 11/19/2020 9 \[19.30.025\] Director Discretion to Settle Penalty Additions and Subtractions \[19.30.015\] \[19.20.010\] Voluntary Compliance Notice of Violation Compliance Code Joint Hearing Presentation - BoCC & BoH Voluntary Compliance \[19.15.010\] Agreements \[19.15.015\] Notice of Voluntary Compliance New Code Adds Voluntary Compliance Tools for All Violations 11/19/2020 10 \[Ch. 19.30\] \[19.30.025\] Civil Penalties & Costs Director Discretion to Settle \[19.20.020\] Stop Work Order Tools \[19.10.090\] Notice to Title Compliance Code Joint Hearing Presentation - BoCC & BoH \[19.10.055\] Right of Entry \[19.10.075\] \[19.10.080\] Denial of Permits Suspension or Revocation of Permits New Code Adds Enforcement Tools for All Violations 11/19/2020 11 11/19/2020 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. Compliance Code Joint Hearing Presentation - Transition to Hearing Officer Model for Some Compliance BoCC & BoH 12 11/19/2020 Chapter 8.01 JCC Allows Violations of these JCC Chapters to be Enforced as Civil Infractions under Chapter 7.80 RCW Compliance Code Joint Hearing Presentation - Current Public Health Compliance BoCC & BoH 13 a to not Appeal to Court are become 3 appealed will be violation may and decision which the . days, decision Appeal to Hearing Examiner 14 Compliance Code Joint Hearing Presentation - examiner, 2 after appeal jurisdiction BoCC & BoH hearing decision the to competent of intermediate House - agency InAdministrative Appeal the court Ifappealedfinala 1 Proposed 3 Step Appeal Process 11/19/2020 14 Key Policy Questions 15 $250\] Draft = Compliance Code Joint Hearing Presentation - BoCC & BoH Should there be an intermediate appeal for code compliance?Should the appellant from an intermediate appeal get an appeal to the Hearing Examiner at no cost? \[Are the amounts for the new code compliance penalty OK? \[19.30.010\] New Code 3 Step 3 Step AppealAppeal Penalty Policy Three Policy Questions Questions 11/19/2020 16 Next Steps 17 11/19/2020 BoCC/BoH Public Hearing (11/17/20)BoCC/BoH Deliberations Approve BoCC/BoH Hearing NoticeReceive/Consider Public Comments BoCC/BoH Take Action --- - - 134Likely Adoption: 12/17/2020 2 5 Compliance Code Joint Hearing Presentation - Next Steps BoCC & BoH 18 Compliance Code Joint Hearing Presentation - BoCC & BoH Current Staff Plan for Adoption of Ordinance 11/19/2020 19 Questions?