HomeMy WebLinkAboutDISCUSSION re Code Compliance Resolution1
STATE OF WASHINGTON
COUNTY OF JEFFERSON
In the Matter of Repealing Resolution No. 42-
03 and Adding a Resolution Adopting Code
Compliance Rules of Procedure Pursuant to
Chapter 19.05.020(1) JCC
RESOLUTION NO.
WHEREAS, Article XI, section 11 of the Washington Constitution, confers upon county
legislative authorities a direct and extensive delegation of the police power to adopt such local
police, sanitary and other regulations as are not in conflict with general laws; 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 36.32.120(10) provides the 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 remises on which the nuisance is situated to defray the cost, or to
reimburse the county for the cost of abating it; and,
WHEREAS, police power is that inherent and plenary power which enables prohibition
of all things hurtful to the comfort, safety and welfare of society; 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, developing code compliance policy and procedure for enforcement has been
a long-term goal of Jefferson County, as reflected in Resolution 29-03 In the Matter of
establishing a Policy on the Complaint Review and Enforcement adopted June 23, 2003, and
Resolution 42-03 In the Matter of re-establishing the County Policy on the Complaint Review
and Enforcement adopted July 28, 2003; and,
WHEREAS, on December 10, 2020, Jefferson County Board of Health and Jefferson
County Board of Commissioners adopted Ordinance No 09-1210-20 on Code Compliance in
Unincorporated Areas of Jefferson County, codified in Title 19—Code Compliance; and,
WHEREAS, Jefferson County departments are tasked with implementing Title 19 of the
Jefferson County Code (“JCC”); and,
WHEREAS, it is efficient for Jefferson County to have Code Compliance Rules of
Procedure for all departments that is consistent, reasonable, and legally sound; and,
WHEREAS, Chapter 19.05.020(1) JCC authorizes Code Compliance Rules of Procedure;
and,
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WHEREAS, Chapter 19.05.020(2) JCC authorizes amendments to Code Compliance
Rules of Procedure through a motion by the Board of Commissioners and Board of Health; and,
WHEREAS, Department of Community Development and Environmental Public Health
have worked together, with assistance from the Prosecuting Attorney’s Office, to develop Code
Compliance Rules of Procedure in compliance with Title 19 JCC to further implement the
intended goal of compassionate and effective code enforcement (Attachment A); and,
WHEREAS, throughout Title 19 JCC, and particularly in Chapter 19.10.05 JCC,
voluntary compliance is emphasized; and
WHEREAS, Chapter 19.30.025 JCC authorizes department directors and their designees
to enter into settlement agreements, including but not limited to: deferring penalty payments for
up to three years and cancelling a portion of the penalty debt based on sustained and prolonged
compliance when appropriate; and,
WHEREAS, Chapter 19.30.030 JCC authorizes an Enforcement Fund for cost associated
with abatements and code compliance enforcement; and,
WHEREAS, Jefferson County recognizes that barriers to code compliance enforcement
exist, and when those barriers are small and removing them is beneficial to the public, the
departments are authorized to use enforcement funds for vouchers; and,
NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
COMMISSIONERS AND BOARD OF HEALTH OF JEFFERSON COUNTY, STATE OF
WASHINGTON:
Section 1. Findings of Fact. The Jefferson County Board of Commissioners hereby adopts the
above “Whereas” clauses as Findings of Fact.
Section 2. Purpose. The purpose of this Resolution is to repeal Resolution No. 42-03 and Add a
Resolution Adopting Code Compliance Rules of Procedure Pursuant to Chapter 19.05.020(1) JCC
to further implement Title 19 JCC as reflected in Appendix A.
Section 3. Repealing Resolution No. 42-03. The Board of Commissioners repeals Resolution No.
42-03 and adds Resolution _- 24, adopting Code Compliance Rules of Procedure pursuant to
Chapter 19.05.020(1) JCC.
Section 4: Adoption of Resolution – 24 Code Compliance Rules of Procured. The Code
Compliance Rules of Procedure pursuant to Chapter 19.05.020(1) JCC, attached as Appendix A,
are hereby adopted.
Section 5: Effective Date. This resolution shall take effect immediately upon adoption.
Section 6: Severability. If any one or more section, subsections, or sentences of this resolution are
held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining
portion of this resolution and the same shall remain in full force and effect.
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Section 7: SEPA Compliance. This resolution is categorically exempt from the threshold
determination and Environmental Impact Statement requirements of the State Environmental
Policy Act under WAC 197-11-800(19).
(SIGNATURES APPEAR ON THE NEXT PAGE)
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APPROVED and ADOPTED this ________ day of __________, 2024.
SEAL:
ATTEST:
_________________________________
Carolyn Gallaway, Date
Clerk of the Board
Approved as to form only:
_________________________________
Philip C. Hunsucker, Date
Chief Civil Deputy Prosecuting Attorney
JEFFERSON COUNTY
BOARD OF COMMISSIONERS
________________________________________
Kate Dean, Chair
________________________________________
Greg Brotherton, Member
________________________________________
Heidi Eisenhour, Member
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APPROVED and ADOPTED this _____day of ________, 2024.
JEFFERSON COUNTY BOARD OF HEALTH
______________________________ ________________________
Kate Dean, Chair Amanda Grace, Vice Chair
____________________________ ________________________
Greg Brotherton, Member Monica MickHager, Member
____________________________ ________________________
Heidi Eisenhour, Member Kees Kloff, Member
ATTEST: APPROVED AS TO FORM:
______________________________ ______________________________
Karen Abbott, Date Philip C. Hunsucker, Date
Clerk of the Board Chief Civil Deputy Prosecuting Attorney