Chapter 14.92 CODE ENFORCEMENT AND PENALTIES

The purpose of the enforcement procedures found in this chapter is to establish an efficient system to enforce Douglas County ordinances and codes for the benefit of the public health, safety and welfare, and the environment. To achieve this purpose, this chapter provides that the Douglas County sheriff’s office and Douglas County transportation and land services office shall enforce the provisions of this chapter. (Ord. TLS 20-09-52B Att. A (part))

14.92.020 Applicability.

This chapter shall apply to the enforcement of Douglas County ordinances and codes, including but not limited to those related to buildings and construction, zoning, subdivisions, development standards, environment, shoreline master program, environmental health and safety, and quality of life. Violations include but are not limited to:

A. Failure to obtain required permits or authorizations within the administrative jurisdiction of the applicable department;

B. Failure to comply with the terms or conditions of a permit or authorization issued by the applicable department;

C. Failure to comply with any county code provision within the administrative jurisdiction of the applicable department;

D. Failure to comply with rules or regulations adopted pursuant to the administrative authority of the applicable department;

E. Removal without authorization or defacing any sign, notice or order posted pursuant to the administrative authority of the applicable department; and

F. Failure to comply with a stop work or emergency order issued under this chapter.

Violations of the applicable code shall be corrected under the provisions of this title, in coordination with existing ordinance and code provisions. (Ord. TLS 20-09-52B Att. A (part))

14.92.030 Enforcement.

Only an authorized representative may enforce the provisions of this title. For purposes of this title, an authorized representative is defined as any one of the following:

A. The Douglas County sheriff and his or her authorized representative and/or deputy;

B. The Douglas County administrator and his or her authorized representative;

C. The Douglas County engineer and his or her authorized representative;

D. The Douglas County director of land services and his or her authorized representative;

E. The Douglas County prosecuting attorney may, in addition to any enforcement provisions hereunder, have authority to institute any legal proceedings necessary to enforce this title; and

F. The Douglas County board of commissioners may designate other person(s) to administer the provisions of this title. (Ord. TLS 20-09-52B Att. A (part))

14.92.040 Remedies not exclusive.

The remedies set forth in this chapter are not exclusive, and do not limit or restrict the authority of the county from remedying or abating violations in any manner authorized by law. (Ord. TLS 20-09-52B Att. A (part))

14.92.050 Public nuisance.

A. Violations of DCC Titles 15, 17, 18, 19 and/or 20 and all other codes or ordinances under the administrative authority of the Douglas County sheriff’s office and department of transportation and land services are determined to be detrimental to the public health, safety and welfare and are public nuisances.

B. Whenever the Douglas County sheriff or other authorized representative determines that any condition creates a present or imminent hazard, or is likely to create a hazard to the public safety, health or welfare, to the environment, or to public or private property, the Douglas County sheriff or other authorized representative may declare such condition a public nuisance. (Ord. TLS 20-09-52B Att. A (part))

14.92.060 Procedure and types of code enforcement action.

A. The following steps provide a progressive strategy for achieving code enforcement and code compliance and are designed to protect life, health, safety and the public welfare:

1. A written stop work order;

2. A written emergency order;

3. A written warning notice;

4. A written notice of violation and order;

5. A sheriff or deputy issuance of written citation; and/or

B. The county may seek legal or equitable relief at any time to enjoin any acts or practices that violate county code, or abate any condition that constitutes a nuisance.

C. A third violation within five years may result in the filing of a misdemeanor complaint by the prosecuting attorney. Upon conviction, such person(s) shall be punished in the manner provided for in RCW 9A.20.021, as it now exists or is hereafter amended, for violations of state law. (Ord. TLS 20-09-52B Att. A (part))

14.92.070 Right of entry.

A. Any entry made to private property for the purpose of inspection for code violations pursuant to this chapter shall conform to constitutional and statutory constraints of entry and the holdings of relevant court cases regarding entry. The sheriff or other authorized representative is authorized to enter upon any property for the purpose of administering this chapter; provided, that the sheriff or other authorized representative shall make entry only if such entry is consistent with the constitutions and laws of the United States and the state of Washington. If so required by the constitutions and the laws of the United States or the state of Washington, the sheriff or other authorized representative shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose. The court may upon such application issue the search warrant for the purpose requested.

B. If the sheriff or other authorized representative has probable cause to believe conditions on the property create an immediate hazard to person or property, the sheriff may enter the property immediately for the purpose of investigating the emergency conditions and initiating corrective action. (Ord. TLS 20-09-52B Att. A (part))

14.92.080 A written stop work order.

A. Whenever an authorized representative finds any work being performed in a manner in violation of the provisions of the code or in a dangerous or unsafe manner, the authorized representative may issue a stop work order.

B. A stop work order shall be on a form determined by authorized representative and state the reason(s) for the order and the conditions under which the cited work will be permitted to resume.

C. A stop work order shall be delivered to the owner of the property involved, or to the owner’s agent, or to the person doing the work and clearly posted on the property in a conspicuous location.

D. Upon issuance of a stop work order, the cited work shall immediately cease.

E. It shall be unlawful for any person to continue any work after being served with a stop work order. Violation of a stop work order shall be subject to the fines set forth in this chapter.

F. Violation of a stop work order may be subject to criminal prosecution or any other remedies at law. (Ord. TLS 20-09-52B Att. A (part))

14.92.090 A written emergency order.

A. Whenever an authorized representative becomes aware of a condition or activity that endangers public or private property, creates an immediate hazard, creates a violation of critical areas provisions or surface water protection, or threatens the health and safety of the occupants of any premises or members of the public, the sheriff or other authorized representative may issue an emergency order including a notice to vacate.

B. The emergency order shall state the reason for the order and the conditions that must be remedied.

C. Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous condition shall be immediately remedied.

D. Violation of an emergency order or failure to comply with a hearing examiner’s decision may be subject to criminal prosecution. (Ord. TLS 20-09-52B Att. A (part))

14.92.100 A written warning notice.

A. Before initiating an enforcement action, the authorized representative shall provide a written warning notice to the owner(s) of the property and/or other person(s) responsible for the violation. The person(s) named in the warning notice may be given the opportunity to correct the violation(s), within the time specified in the written warning notice.

B. A written warning notice shall be in a form determined by the authorized representative and include the following information:

1. The tax parcel number of the property where the violation(s) occurred or is located and, when available, the street address;

2. A statement describing the violation(s), with general reference to applicable code section(s);

3. The date by which the violation(s) must be corrected to avoid initiation of an enforcement action;

4. A statement of the potential consequences of failure to complete corrective action including the imposition of fines or monetary penalties, if applicable; and

5. Code compliance contact information and instructions for the responsible person(s) to respond.

C. The written warning notice may include suggested corrective actions to cure, abate or stop the violation(s).

D. A decision to not provide a written warning notice shall not preclude moving directly to the issuance of a citation. (Ord. TLS 20-09-52B Att. A (part))

14.92.110 A written notice of violation and order.

A. Before initiating a written certified citation enforcement action, the authorized representative shall provide a written notice of violation warning notice to the owner(s) of the property and/or other person(s) responsible for the violation. The person(s) named in the warning notice may be given the opportunity to correct the violation(s), within the time specified in the written warning notice.