Chapter 8.01
ENVIRONMENTAL HEALTH CIVIL ENFORCEMENT
Sections:
8.01.050 Designation of civil violations.
8.01.060 Nuisance declaration.
8.01.070 Enforcement officers.
8.01.010 Purpose.
It is the express purpose of this chapter to provide for and promote the health of the general public and not to create or otherwise establish or designate a particular class or group of people who will or should be especially protected by the terms of this chapter.
It is the specific purpose of this chapter to place the obligation of complying with its requirements upon persons, businesses or companies required to meet provisions of the health regulations. Enactment of this chapter and its terms and provisions does not impose any duty upon the Jefferson County public health department or any of its officers or employees unless a duty is imposed on such officers or employees by the express terms of this chapter. Implementation or enforcement of this chapter by county officers or employees shall be discretionary and not mandatory. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 1]
8.01.020 Authority.
This chapter is promulgated under the police power granted to the Jefferson County board of health, including, but not limited to, authority granted to them by Chapters 7.48, 7.80 and 70.05 RCW to protect the public health, safety, and welfare of the people in Jefferson County, including those county residents residing within the city of Port Townsend. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 2]
8.01.030 Applicability.
Provisions of this chapter apply to violations of the following statutes, regulations or ordinances as they now exist or as they may hereafter be amended:
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Chapter 70.90 RCW |
Water Recreation Facilities |
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Chapter 70.95 RCW |
Solid Waste Management |
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Chapter 246-203 WAC |
General Sanitation |
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Chapter 246-215 WAC |
Food Service |
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Chapter 246-260 WAC |
Water Recreation Facilities |
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Chapter 246-261 WAC |
Recreational Water Contact Facilities |
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Chapter 246-272 WAC |
On-Site Sewage Systems |
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Chapter 246-290 WAC |
Public Water Supplies |
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Chapter 266-291 WAC |
Group B Public Water Systems |
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Chapter 173-304 WAC |
Minimum Functional Standards for Solid Waste |
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Chapter 173-308 WAC |
Biosolids Management |
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Chapter 8.05 JCC |
Food Service Sanitation |
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Chapter 8.10 JCC |
Solid Waste Regulations |
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Chapter 8.15 JCC |
On-Site Sewage Code |
Additional enforcement authority may be found in each statute, regulation, or ordinance, listed above. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 3]
8.01.040 Conflict.
In case of a conflict between this chapter and the chapters of the county code relating to food service sanitation, solid waste and/or on-site sewage, as currently enacted or as may in the future be amended or recodified, the text of those three chapters shall control except that the local health officer shall have discretion to interpret and implement any county code sections enforced by public health (or its successor agency or division) which are at variance with one another in a manner that best protects and furthers public health. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 4]
8.01.050 Designation of civil violations.
(1) Any violation of the laws, regulations and ordinances specified in JCC 8.01.030, including any future amendments, shall constitute a civil code violation under JCC 19.10.015(14).
(2) The enforcement provisions codified in JCC Title 19, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged or found violation of the laws, regulations and ordinances specified in JCC 8.01.030, including any future amendments. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 5]
8.01.060 Nuisance declaration.
(1) Pursuant to RCW 70.05.060(5), the board of health for Jefferson County declares that all nuisances defined in JCC 19.10.015(36) and all violations of this chapter are hereby determined to be detrimental to public health and safety and are hereby declared public nuisances.
(2) The enforcement provisions codified in JCC Title 19, Code Compliance, as currently enacted or as hereafter amended, shall apply to any alleged or found nuisance, as defined in JCC 19.10.015(36). [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 6]
8.01.070 Enforcement officers.
The board of health, or its designated health officer, may authorize the Jefferson County health department director or their designee(s) to serve as an “enforcement officer,” duly authorized to enforce this chapter as enforced under JCC Title 19. [Ord. 9-20 § 2 (Appx. B); Ord. 6-15 § 7]