Chapter 19.05
INTRODUCTORY PROVISIONS
Sections:
19.05.015 Liberal construction.
19.05.020 Code Compliance Rules of Procedure authorized.
19.05.010 Purpose.
(1) The purpose of this title is to identify processes and methods to achieve compliance with laws and regulations adopted by Jefferson County pursuant to Article XI, Section 11 of the Washington Constitution and other state laws that promote and protect the general public health, safety, and environment of Jefferson County residents. Pursuant to RCW 36.32.120(7), this title declares certain acts to be civil violations and establishes civil enforcement procedures and penalties, and also declares certain acts to be misdemeanors, punishable by a fine of not more than $1,000 or imprisonment in a county jail for not more than 90 days.
(2) In this chapter, the board of county commissioners also exercises the power granted to it by RCW 36.32.120(10) to declare what shall be deemed a nuisance within the county; to prevent, remove, and 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 premises on which the nuisance is situated to defray the cost, to reimburse the county for the cost of abatement, and to assess penalties to encourage compliance, which shall constitute a lien against the property that shall be of equal rank with state, county, and municipal taxes.
(3) In addition to the power exercised by the board of county commissioners through RCW 36.32.120(10), the board of health has the authority to provide for the preventing and control of nuisances detrimental to the public health under RCW 70.05.060(5).
(4) This chapter provides uniform and efficient regulation for civil code violations and acts or omissions which annoy, injure, or endanger the public health and safety. Uniform and efficient procedures with consistent application tailored to each county department’s mission should be used to accomplish the purposes of this chapter.
(5) It is the intent of Jefferson County to pursue code compliance in order to protect the health, safety, and environment of the general public.
(6) The county shall pursue compliance (including voluntary compliance) with this chapter actively and vigorously in order to protect the public health and safety. The county’s intention is to pursue compliance consistently, with adherence to, and respectful of, fundamental constitutional principles.
(7) The county emphasizes voluntary compliance with statutes, regulations, ordinances, and avoidance of public nuisances by education, prevention, and voluntary compliance as a first step. County departments should be sensitive to the possibility that residents may not be aware of this chapter and should give warnings prior to enforcing this chapter, unless there is an immediate adverse impact. Warnings should be in writing, whenever possible.
(8) While voluntary compliance through warnings and voluntary compliance agreements are desired as a first step, enforcement and monetary penalties should be used for remedial purposes as needed to assure and effect compliance with this chapter. Abatement or remediation should be pursued when appropriate and feasible.
(9) While this chapter authorizes the county to enforce county laws and regulations it shall not be construed as placing responsibility for the nuisance or enforcement upon the county in any particular case, or as creating any duty on the part of the county to any particular person or class of persons.
(10) This title, along with Chapter 2.30 JCC (Hearing Examiner), is intended to be a complete and uniform system for code compliance, including issuing civil violations, monetary penalties, and appeal processes.
(11) The intent of this title is that the director of the department responsible for implementing a chapter of Jefferson County Code also has responsibility for compliance with that chapter under this title.
(12) Jefferson County intends this title to be a complete system in lieu of a civil infraction system, as authorized by RCW 7.80.010(5). [Ord. 9-20 § 1 (Appx. A)]
19.05.015 Liberal construction.
This title shall be liberally construed to carry out its broad purposes. [Ord. 9-20 § 1 (Appx. A)]
19.05.020 Code Compliance Rules of Procedure authorized.
(1) Code Compliance Rules of Procedure. Code Compliance Rules of Procedure are authorized and may be adopted by the board of county commissioners and board of health.
(2) Amendment to Code Compliance Rules of Procedure. The county administrator, with the concurrence of the prosecuting attorney’s office, is delegated authority to propose amendments to the Code Compliance Rules of Procedure pursuant to this section. The county administrator shall transmit a copy of the proposed rule or amendment to the clerk of the board of county commissioners and board of health for review and potential approval. The clerk of the board of county commissioners and board of health shall place the proposed rule or amendment on the board of county commissioners’ and board of health’s meeting agenda. The board of county commissioners and board of health shall approve, modify, or deny all proposed rules or amendments through a motion.
(3) Scope and Enforceability of Code Compliance Rules of Procedure. The scope of the Code Compliance Rules of Procedure shall be limited to rules necessary to carry out the intent of this title, such as code compliance investigations, priority of enforcement, penalty additions or subtractions, settlement options, and similar rules. Rules shall not conflict with any ordinance or statute and must be consistent with this title. The Code Compliance Rules of Procedure shall be enforceable to the same extent as the Jefferson County Code. [Ord. 9-20 § 1 (Appx. A)]
19.05.025 Severability.
Should any section, subsection, paragraph, sentence, clause, or phrase of this title be declared unconstitutional or invalid or unenforceable for any reason, such decision shall not affect the validity of the remaining portions of this title which will remain in full force and effect. [Ord. 9-20 § 1 (Appx. A)]