Chapter 19.15
VOLUNTARY COMPLIANCE
Sections:
19.15.010 Notice of voluntary compliance.
19.15.015 Voluntary compliance agreements.
19.15.010 Notice of voluntary compliance.
(1) Whenever the director has a reasonable belief that a civil code violation, as defined in JCC 19.10.015(14), or nuisance, as defined in JCC 19.10.015(36), has occurred or is occurring, the director shall make reasonable efforts to investigate the alleged civil code violation or nuisance, and secure voluntary compliance from the person responsible, including pursuant to a notice of voluntary compliance as described in subsection (1)(a) of this section.
(a) The notice of voluntary compliance shall state the following:
(i) The name and address of the person responsible;
(ii) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged civil code violation or nuisance has occurred or is occurring;
(iii) A description of the alleged civil code violation or nuisance and a reference to the regulation(s) which has been violated;
(iv) A reasonable time and date by which the corrective action is to be completed to resolve the alleged civil code violation or nuisance; however, in no event shall the time given for voluntary compliance be greater than 30 days, unless authorized under subsection (1)(b)(ii) of this section; and
(v) That continued or subsequent found violations may result in civil violations and penalties, stop work orders, and a notice of violation and order of abatement, including cost recovery as a lien against property or as a personal obligation.
(b) Upon written request received prior to the correction date, the director may, for good cause shown, grant an extension of the date set for voluntary compliance for an amount of time as deemed reasonable by the director. The director may only consider as good cause:
(i) Substantial completion of necessary correction;
(ii) Unforeseeable circumstances not caused by the person so as to make completion impossible by the date established; or
(iii) Procedural requirements for obtaining a permit to carry out the corrective action. [Ord. 9-20 § 1 (Appx. A)]
19.15.015 Voluntary compliance agreements.
(1) The director and person responsible may meet to develop a voluntary compliance agreement.
(a) Upon written request received prior to the correction date, the director may, for good cause shown, grant an extension of the date set for voluntary compliance for an amount of time as deemed reasonable by the director. The director may only consider as good cause:
(i) Substantial completion of necessary correction;
(ii) Unforeseeable circumstances not caused by the person so as to make completion impossible by the date established; or
(iii) Procedural requirements for obtaining a permit to carry out the corrective action.
(b) Voluntary Compliance Agreement.
(i) The person responsible may enter into a voluntary compliance agreement with the director, acting on behalf of the county. A voluntary compliance agreement is a contract between the county and the person responsible under which the person responsible agrees to do any combination of abating the civil code violation or nuisance, remediating the site, or mitigating the impacts of the civil code violation or nuisance, within a specified time and according to specified conditions.
(ii) A voluntary compliance agreement may be entered into at any time after issuance of a notice of voluntary compliance, a notice of violation, or a stop work order.
(iii) Content. The voluntary compliance agreement shall include the following:
(A) The name and address of the person responsible;
(B) The street address or other description sufficient for identification of the building, structure, premises, or land upon or within which the alleged civil code violation or nuisance has occurred or is occurring;
(C) A description of the alleged civil code violation or nuisance and a reference to the regulation which has been violated;
(D) The necessary corrective action to be taken, and a date or time by which correction must be completed;
(E) An acknowledgment by the person responsible that:
(I) The county may enter the property and inspect the premises as may be necessary to determine compliance with the voluntary compliance agreement;
(II) The person waives the right to appeal administratively the existence of the conditions and the fact that they constituted a nuisance; and
(III) If a notice of noncompliance is issued and not successfully appealed, the person is subject to and liable for any remedy authorized by this chapter, which includes the assessment of the monetary penalties identified in the voluntary compliance agreement, abatement of the nuisance, assessment of the costs incurred by the county to pursue compliance with this chapter (such as legal, administrative, hearing, removal, and incidental costs), and the suspension, revocation or limitation of a development permit.
(c) Right to a Hearing or Administrative Appeal Waived. By entering into a voluntary compliance agreement, the person responsible voluntarily and knowingly waives the right to a hearing or administrative appeal before the administrative hearings officer or hearing examiner, under this chapter or otherwise, regarding the matter of the nuisance or the required corrective action. However, a notice of noncompliance with the voluntary compliance agreement may be administratively appealed under JCC 19.35.015 or 19.40.015.
(d) Effect of Voluntary Compliance Agreement. Upon entering into a voluntary compliance agreement, a person responsible admits that the conditions described in the voluntary compliance agreement existed and constituted a civil code violation or nuisance; and agrees that if the director issues a notice of noncompliance, and if the notice of noncompliance is not successfully challenged through administrative appeal, that person is liable for the monetary penalty available under JCC 19.30.010. The person identified in the voluntary compliance agreement is liable for the costs incurred by the county to pursue compliance with this chapter and to abate the nuisance, monetary penalties, including legal and incidental expenses as provided for in JCC 19.30.020, and is subject to all other remedies provided for in this title.
(e) Extension and Modification. The director may grant an extension of the time limit for correction or a modification of the required corrective action if the person responsible has shown due diligence or substantial progress in correcting the civil code violation or nuisance, but unforeseen circumstances have made full and timely correction under the original conditions unattainable.
(2) Failure to Meet Terms of Voluntary Compliance Agreement.
(a) Notice of Noncompliance. If the department determines that terms of the voluntary compliance agreement are not completely met, the director may issue a notice of noncompliance. A notice of noncompliance shall include a description of all incomplete or untimely corrective or abatement action required under the voluntary compliance agreement. The notice of noncompliance shall also include the monetary penalty to be imposed based upon the failure to comply with the voluntary compliance agreement.
(b) Appeal. Any person responsible may appeal the facts and conclusions described in the notice of noncompliance as provided by JCC 19.35.015 or 19.40.015.
(c) Abatement, Costs, and Penalties for Noncompliance. If the director issues a notice of noncompliance and the notice of noncompliance is not successfully challenged through appeal as provided by JCC 19.35.015 or 19.40.015, then:
(i) If applicable, the department may abate the nuisance in accordance with this chapter without the person responsible being issued a notice of violation, stop work order, or notice of violation and order of abatement;
(ii) The person responsible shall be assessed a monetary penalty commencing on the date set for correction in the notice of noncompliance and thereafter, in accordance with JCC 19.20.010 or the penalty provisions of the voluntary compliance agreement, plus all costs incurred by the county to pursue compliance with this chapter and to abate the nuisance in accordance with JCC 19.20.015 and 19.30.020.
(iii) The person responsible may be subject to other remedies authorized by this title. [Ord. 9-20 § 1 (Appx. A)]