Chapter 16.08
CITATIONS
Sections:
16.08.040 Revocation and modification.
16.08.010 Authority.
In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, the administrator may issue a citation imposing a penalty upon any person responsible for code compliance who commits a civil code violation. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.08.020 Effect.
(1) Subject to the appeal provisions of Chapter 16.12, a citation represents a determination that a code violation has occurred and that the cited party is the person responsible for code compliance.
(2) A citation subjects a person responsible for code compliance to the civil penalty prescribed by Chapter 16.16.
(3) The person responsible for code compliance shall either pay the fine assessed within fourteen days of the date of issuance of the citation or appeal the citation according to the procedures described in Chapter 16.12.
(4) Failure to appeal the citation within applicable time limits shall render the citation a final determination that the conditions described in the citation existed and constituted a code violation, and that the named party is liable as a person responsible for code compliance.
(5) Civil penalties create a joint and several personal obligation in all persons responsible for code compliance.
(6) Issuance of a citation in no way limits the administrator’s authority to issue a notice and order or stop work order to a person previously issued a citation under this title.
(7) The payment of penalties does not relieve a person responsible for code compliance of any obligation to cure, abate, or stop a violation.
(8) All persons authorized to issue citations shall be authorized by the administrator, with a list provided to the board of Chelan County commissioners.
(9) Civil penalties assessed authorize Chelan County to collect the value of civil penalties imposed against the real property of the person responsible for code compliance as outlined in Chapter 16.18. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.08.030 Contents.
(1) The citation shall contain all of the following information or blanks in which such information is entered:
(A) Citation number;
(B) Name of the person cited;
(C) The specific ordinance, resolution, regulation, permit condition, notice and order provision, or stop work order provision that was violated or is being violated;
(D) A brief description of the violation or violations found;
(E) The date on which the citation was issued;
(F) The place where the person cited can appeal to the hearing examiner and the time within which such appeal must be filed;
(G) The amount of the civil penalty assessed and that the fine must be paid within fourteen days unless appealed;
(H) A statement advising that a fee is required for an appeal as defined in Section 3.24.020; and
(I) The reverse side of the citation shall contain the following information in a form substantially as follows:
READ CAREFULLY
You have been cited for a violation of the Chelan County Code. You must do one of the following:
1. Mail to Chelan County, Code Enforcement Division, 411 Washington Street, Wenatchee, Washington 98801, this citation, together with a check or money order in the amount of the penalty shown on this citation. THIS CITATION AND THE PAYMENT MUST REACH THE CODE ENFORCEMENT DEPARTMENT WITHIN FOURTEEN (14) DAYS OF THE DATE OF ISSUANCE OF THE CITATION.
ADMISSION
I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an APPEAL HEARING and agree to pay the penalty prescribed for my violation.
___________________
(Defendant’s name)
2. File an appeal by signing the REQUEST FOR APPEAL and returning it to the Chelan County Code Enforcement Division, 411 Washington Street, Wenatchee, Washington 98801 to request a hearing within fourteen (14) days from the date of this citation. The Code Enforcement Officer will then set a time for a hearing.
REQUEST FOR APPEAL
I, the undersigned, do hereby request an appeal hearing for the violation charged on the other side of this citation. I am requesting an appeal because I do not believe I am in violation of the cited ordinance for the following reason(s).
__________________________
(Appellant’s name)
IF YOU FAIL TO COMPLY WITH THESE INSTRUCTIONS, A FINDING OF VIOLATION WILL BE ENTERED AND THE PENALTY MAY BE COLLECTED THROUGH THE LIEN PROCEDURE (Chelan County Code Chapter 16.18).
IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (509) 667-6225. Regardless of whether you call, you must still pay the penalty or appeal.
(Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).
16.08.040 Revocation and modification.
The administrator may revoke or modify a citation at any time prior to a final ruling by the hearing examiner. A continuance shall be granted if the appellant satisfies the hearing examiner that additional time is needed to respond to an amended citation. (Res. 2020-137 Att. A, 12/8/20; Res. 2003-67 (part), 5/20/03).