Chapter 19.05
GENERALLY
Sections:
19.05.040 Declaration of intent.
19.05.060 Voluntary correction.
19.05.090 Administrative abatement notice.
19.05.100 Additional enforcement.
19.05.110 Special investigation.
19.05.010 Purpose.
To prevent and prohibit those conditions which reduce the value of private property, interfere with the enjoyment of public and private property, create and constitute fire and other safety and health hazards, and generally create a menace to the health and welfare of the public. [Ord. 2024-01.]
19.05.020 Definitions.
As used in this title, the following words and phrases, unless the context otherwise requires, shall mean:
“Administrator” as used in this title shall mean the individual representing Columbia County planning and building that schedules and appears at the administrative hearings regarding citations and appeal requests.
“Appeals board” as used in this title shall mean the individuals appointed by the director to oversee the appeal of citation charges.
“Board” as used in this title shall mean the Columbia County board of commissioners.
“Director” means the director or manager of planning and building, or such other person as the board shall by ordinance authorize to utilize the provisions of this title and shall also include any duly authorized representative of such director.
“Land use ordinance” as used in this title shall include this title and any other existing or future ordinance or resolution of the county which regulates the use and development of land, including but not limited to zoning regulation, subdivision regulations, short subdivision regulations, signing regulations, land disturbing activity, erosion control and water quality regulations and all building, fire and construction codes. “Land use ordinance” shall also include any existing or future law of the State Legislature which regulates the use of and development of land, including but not limited to: the State Subdivision Law, Chapter 58.17 RCW; the Shorelines Management Act, Chapter 90.58 RCW; and the Solid Waste Management Act, Chapter 70.95 RCW. This title shall be construed as, and is intended to be enacted as, a regulation adopted pursuant to any such state law and pursuant to Art. II, Sec. 11, Washington State Constitution.
“Nuisance” as used in this title is defined as the commission of any unlawful act or the failure to perform a duty, which act or omission either annoys, injures or endangers the comfort, repose, health or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct, or renders dangerous for passage 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. “Nuisance” is all-encompassing, and can be used to describe the following:
1. “Vehicle nuisance” is defined in conjunction with RCW 46.55.010(4) as meeting at least three of the following requirements: (a) is three years or older; (b) is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor or transmission; (c) is apparently inoperable; (d) has an approximate fair market value equal only to the approximate value of the scrap in it.
2. “Odor nuisance” means the existence of any strong or offensive odor at the property line, including but not limited to rotting or decaying fish, wild game, livestock, or other dead animals, rotting household garbage, animal manure, strong chemical smells, or any other odor that is deemed offensive to the general public.
3. “Burning nuisance” means an emission of smoke or other emissions from any open fire that unreasonably interferes with the use and enjoyment of property and/or has a negative impact on public health and safety or welfare. This does not include recreational warming fires using approved materials or pile burns of brush and dry yard vegetation meeting Department of Ecology and Department of Natural Resources requirements.
4. “Noise nuisance” is described as the inadequately controlled and continuous noise that adversely affects the health, safety and welfare of the people, the value of property, and the quality of the environment.
5. “Building nuisance” is defined in conjunction with Chapter 35.80 RCW as 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 which are inimical to the health and welfare of the residents of Columbia County.
6. “Salvage nuisance” is defined as the outside accumulation of waste or trash including, but not limited to, various household materials, indoor furniture, household appliances, unused and/or damaged construction materials, mechanical materials, unused motors or large mechanical components, and similar items.
7. “Environmental nuisance” is defined as any action, activity, or single act that directly interferes with CCC Title 16, Environment.
8. “Public nuisance” is defined as a nuisance which affects the rights of an entire community or neighborhood, although the extent of the nuisance may be unequal.
“Person” shall include any natural person, organization, corporation or partnership and their agents or assigns. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.010.]
19.05.030 Administration.
The director is hereby authorized to utilize the procedure of this title in order to enforce any land use, building or nuisance ordinance. The director of planning and building is hereby created a limited authority peace officer for purposes of executing the provisions of this chapter, and may deputize any employees of their respective departments to carry out their duties and functions with the same authority as that director. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.020.]
19.05.040 Declaration of intent.
A. Generally. All violations of land use ordinances are determined to be detrimental to the public health, safety and welfare and are hereby declared to be public nuisances. All conditions which are determined by a director to be in violation of any land use ordinance shall be subject to the provisions of this title and shall be corrected by any reasonable and lawful means as provided herein.
B. Interpretation. The director shall have the power to render interpretations to clarify the application of provisions of the code. Such interpretations shall be in conformity with the intent and purpose of this code.
C. Authority. Any violation of the Columbia County Code not within the department of planning and building’s jurisdiction will be turned to the appropriate department and/or the Columbia County sheriff. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.030.]
19.05.050 Right of entry.
A. Generally. Whenever necessary to make an inspection to enforce the provisions of any land use ordinance, or whenever the director has reasonable cause to believe that any building, structure, property or portion thereof is being used in violation of any land use ordinance, the director shall first seek permission to enter the building, structure, property or portion thereof, at reasonable times, to perform an inspection. If permission to inspect is denied by the owner or person in possession of property, or reasonable attempts to contact the owners or persons in possession are unavailing, the director shall have the authority to apply to a court of competent jurisdiction for an order authorizing entry upon the land for the performance of the inspection.
B. Abatement. If the director issues an administrative order requiring abatement and no appeal is taken from the order or the director prevails on appeal, the director shall first seek permission to enter the land and undertake abatement. If, however, permission to enter is denied, the director may apply to a court of competent jurisdiction for authority to enter the property in order to perform the abatement as provided in the director’s order. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.040.]
19.05.060 Voluntary correction.
A. Applicability. This section applies whenever the director determines that a nuisance has occurred or is occurring.
B. Generally. The director shall attempt to secure voluntary correction by contacting the person responsible for the nuisance and, where possible, explain the violation and request correction in writing.
C. Issuance of Voluntary Correction Agreement. A voluntary correction agreement may be entered into between the person responsible for the violation (which may be the owner, agent, or occupant), under which such person agrees to abate the violation within a specified period and according to specified conditions.
1. Any such voluntary correction agreement shall be a contract between the county and the responsible party and shall follow a form to be approved by the county prosecuting attorney. It shall be entirely voluntary and no one shall be required to enter into such an agreement.
2. In such a contract, the person responsible shall agree to the following:
a. Acknowledge a violation exists as briefly described;
b. Acknowledge it is his or her responsibility to abate the violation;
c. Agree to abate the violation by a certain date or within a specified time;
d. Agree that if they do not accomplish the terms of the agreement, the county may proceed without further notice to enforce the applicable provisions of this code, as described within this chapter, including entering the premises, rectifying the violation, and recovering the expenses and monetary penalties provided for herein.
e. Agree that by entering into the voluntary correction agreement, the person responsible for the violation waives the right to a hearing before the court under this chapter, or otherwise, regarding the matter of the violation and/or the required corrective action.
3. Extension and Modification. An extension of the time limit for correction or modification of the required corrective action may be granted by the director if the person responsible for the violation has shown due diligence and/or substantial progress in correcting the violation, but unforeseen circumstances delay correction of the original conditions.
4. Abatement. The county may abate the violation in accordance with CCC 19.05.090 if the terms of the voluntary correction agreement are not met. [Ord. 2024-01.]
19.05.070 Civil penalty.
A. Applicability. In addition to, or as an alternative to, any other judicial or administrative remedy provided herein or by law, any person who violates any land use or rules and regulations adopted thereunder, or by each act of commission or omission procures, aids or abets such violation, shall be subject to a civil penalty as provided in Table 19.05.070. Each day the violation continues unabated may constitute a new violation. All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or as authorized by law.
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The penalties assessed against the violations are grouped for first and subsequent violations within any five-year period as follows: |
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|---|---|---|
|
Violation |
First Violation |
Subsequent Violation |
|
Nuisance |
$100 |
$250 |
|
Vehicle Nuisance |
$100 |
$250 |
|
Odor Nuisance |
$100 |
$250 |
|
Burning Nuisance |
$250 |
$500 |
|
Noise Nuisance |
$50 |
$100 |
|
Building Nuisance |
$250 |
$500 |
|
Salvage Nuisance |
$250 |
$500 |
|
Environmental Nuisance |
$500 |
$1,000 |
|
Occupancy without Approval |
$250 |
$500 |
|
Setback |
$100 |
$250 |
|
Occupancy of Travel Trailer |
$100 |
$250 |
|
Home Business/Occupation |
$250 |
$500 |
|
Violation of Stop Work Order |
$500 |
$1,000 |
|
All Other Violations |
$250 |
$500 |
[Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.045.]
19.05.080 Citation.
A. Generally. Upon the enforcing official’s determination that one or more violations have been committed, the enforcing official may issue a civil penalty. All civil penalties assessed will be enforced and collected in accordance with the lien, personal obligation, and other procedures specified in this title or authorized by law.
B. Requirements of Citation.
1. A citation conforming to the requirements of this section may be used for all ordinance violations which occur in the unincorporated areas of Columbia County.
2. The citation shall contain the following information or blanks in which such information is entered:
a. Name of the person cited;
b. Name of the property owner;
c. Section of the ordinance or code violated;
d. A brief description of the violation of which the person is charged in such manner as can be readily understood by a person making a reasonable effort to do so;
e. The date and place at which the violation occurred and the date on which the citation was issued;
f. The place where the person cited can appeal to either an administrator or the appeals board and the time within which such appeal must be filed;
g. The penalty fixed for the violation by schedule;
h. The citation shall contain a certification, made under penalty of perjury, to the effect that he/she certifies that he/she has reasonable grounds to believe, and does believe, that the person cited committed a violation of a Columbia County ordinance.
3. The reverse side of the citation shall contain the following in a form substantially as follows:
READ CAREFULLY
|
_________ (Name) |
has been cited for a violation of a Columbia County ordinance |
_______________. (Title and Section) |
You must do one of the following:
1. Mail to Columbia County Planning and Building, 114 South 2nd Street, Dayton, WA 99328-1341, this citation, together with a check or money order in the amount of the penalty shown on this citation. THIS CITATION AND THE PAYMENT OF PENALTY MUST REACH THE DEPARTMENT OF PLANNING AND BUILDING OFFICE WITHIN THIRTY (30) DAYS OF THE DATE OF ISSUANCE OF THIS CITATION.
ADMISSION
I, the undersigned, do hereby ACCEPT RESPONSIBILITY for said violation as cited, WAIVE my right to an ADMINISTRATIVE APPEALS BOARD 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 Columbia County Department of Planning and Building, 114 South 2nd street, Dayton, WA 99328 to request a hearing within ten days from the date of this citation. The Director will then set a time for an administrative appeals board hearing.
REQUEST FOR APPEAL
I, the undersigned, do hereby request an administrative appeals board 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 (CCC 19.20). FAILURE TO COMPLY MAY ALSO RESULT IN THE FILING OF CIVIL CHARGES.
IF YOU BELIEVE THE CITATION WAS WRITTEN IN ERROR AND WISH TO CONTACT SOMEONE IMMEDIATELY CALL (509) 382-4676 AND LEAVE A MESSAGE FOR THE DIRECTOR WHO WILL CONTACT YOU WITHIN 2 BUSINESS DAYS AND PROVIDE INFORMATION REGARDING THE VIOLATION OR APPEAL.
4. The citation shall be served upon each owner of record, taxpayer and occupier and, when applicable, contractor(s). The citation shall be served by personal service or by both regular first-class mail and certified mail, return receipt requested, addressed to each person’s last known address. Service by mail shall be deemed complete three days after mailing.
C. Procedures Governing Hearing.
1. Administrative Hearing. A citation may be amended by request during an administrative hearing. An administrative hearing shall be requested by the recipient of the citation, and if evidence or reasoning is sufficient, the citation will be amended. It shall be noted that one amended citation does not disqualify additional citations for subsequent violations of the same or different violations.
2. Hearing Dates. If the person cited requests an administrative appeal hearing, pursuant to subsection (B)(2)(f) of this section, the department of planning and building shall set a date and time for hearing within 60 days, and, unless notice is waived, shall notify the appellant, by certified mail or hand delivery, of the date and time at least 10 days before the hearing. The notice shall set forth a warning that, in the event that the appellant fails to appear, the appeals board will issue a finding of violation against the appellant.
3. Amendments. A citation may be amended or revoked by the director at any time prior to a final ruling by the appeals board. Following the hearing, the appeals board may:
a. Uphold the civil penalty.
b. Grant a continuance if the appellant satisfies the board that additional time is needed to respond to the violation.
c. Dismiss or amend the civil penalty if the appellant satisfies the board that they have not committed a violation.
4. Penalties. Penalties assessed under this chapter may be assessed either as a personal penalty or in rem, as against the property at issue. At the discretion of the director or his/her authorized personnel, any penalty(ies) not paid within 90 days from the date of issuance of the citation may be placed as a lien against the property on which the violation has occurred pursuant to law. Penalties deemed to be personal violations and not paid within 90 days may be referred to a third-party collection agency.
D. Settlement and Disposition of Penalties. The director or his/her designee is authorized to enter into negotiations with the parties, or their legal representatives named in an enforcement action involving any provision of this title for the collection of penalties, to negotiate a settlement, compromise, or suspension, when doing so will be in the best interests of the county; provided, that a report shall be submitted to the board in any instance where a compromise settlement is negotiated.
E. Finality of Appeal. An order of the administrative appeals board shall become final 20 days after mailing of the appeals board decision unless within that time period an aggrieved person initiates review by writ of certiorari in Columbia County superior court. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.050.]
19.05.090 Administrative abatement notice.
In addition or as an alternative to any other judicial or administrative remedy provided herein or by law, the director is authorized to order a land use ordinance violation to be abated.
A. Generally. The director is authorized to order any person who creates or maintains a nuisance, violation of any land use ordinance or rules and regulations adopted thereunder, to commence corrective work and to complete the work within such time as the director determines reasonable under the circumstances. The person, subject to the director’s order, shall either complete the corrective work or timely file an appeal pursuant to CCC 19.05.080. If the required corrective work is not commenced or completed within the time specified, the director may proceed to abate the violation and cause the work to be done, upon receipt, from a court of competent jurisdiction, of an order authorizing the same. The director or designee is authorized to seek an order from a court of competent jurisdiction allowing entry of the property of the person committing the violation for the purpose of abatement of said violation.
B. Abatement Costs. The actual cost of abatement, including incidental costs such as staff time, legal costs, costs of postage and any other reasonable costs, shall be included as abatement costs. The director is authorized to charge the costs as a lien against the property and as both a joint and separate personal obligation of any person who is in violation. All challenges to the reasonableness of the costs charged may be raised at such time as Columbia County undertakes lien foreclosure.
C. Summary Abatement. When a condition or use of a premises causes or reasonably appears to constitute an imminent or immediate danger to public health or safety, and the individual(s) responsible cannot be contacted or refuse(s) to immediately abate the condition, the enforcement official has authority to summarily and without notice abate the condition. The expenses of the abatement may become a civil debt against the owner or the responsible person and shall be collectible in the same manner as any other civil debt owing to the county or as otherwise provided in this chapter. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.055.]
19.05.100 Additional enforcement.
Notwithstanding the existence or use of any other remedy, the director is authorized to seek legal or equitable relief to stop any acts or practices or abate any conditions which constitute or will constitute a nuisance or a violation of any land use ordinance or rules and regulations adopted thereunder. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.060.]
19.05.110 Special investigation.
A. Unpermitted Work. Whenever any work has been commenced for which a permit or approval is required by the land use ordinances of this code without first obtaining said permit, a special investigation shall be made before a permit may be issued for such work.
B. Investigation Fee. An investigation fee, in addition to the permit or approval fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be equal to the permit or approval fee required by the applicable land use ordinance. [Ord. 2024-01; Ord. 2017-05; Ord. 2017-01; Ord. 2015-01. Formerly 19.05.070.]