Chapter 19.20 NOTICE AND ORDERS

Chapter 19.20
NOTICE AND ORDERS

Sections:

19.20.015 Notice of violation and order of abatement.

19.20.010 Notice of violation.

(1) Issuance.

(a) When the director determines 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 and is unable to secure voluntary compliance, the director may issue a notice of violation to the person responsible.

(b) Under the following circumstances the director may issue a notice of violation without having attempted to secure voluntary compliance as provided in JCC 19.15.010:

(i) When an emergency exists;

(ii) When a repeat violation occurs;

(iii) When the civil code violation or nuisance creates a situation or condition which cannot be corrected;

(iv) When the person responsible knew or reasonably should have known that the action was a civil code violation; or

(v) When the person responsible cannot be contacted, when reasonable attempts to contact the person have failed, or the person refuses to communicate or cooperate with the county in correcting the civil code violation or nuisance.

(2) Content. The notice of violation shall include the following:

(a) The name and address of the person responsible;

(b) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the civil code violation or nuisance has occurred or is occurring;

(c) A description of the civil code violation or nuisance and a reference to the provision(s) of the county regulation(s) which has been allegedly violated;

(d) A statement that a monetary penalty in an amount per day for each civil code violation or nuisance as specified in JCC 19.30.010 may be assessed against the person to whom the notice of violation is directed and a statement that all costs associated with the civil code violation nuisance may be recovered as specified in JCC 19.30.020; and

(e) A statement that administrative appeal rights may be available under JCC 19.35.015 or an administrative hearing examiner appeal for nuisances under JCC 19.40.015. [Ord. 9-20 § 1 (Appx. A)]

19.20.015 Notice of violation and order of abatement.

(1) Issuance and Abatement.

(a) When the director determines that a nuisance, as defined in JCC 19.10.015(36), has occurred or is occurring and is unable to secure compliance after an attempt for voluntary compliance or a notice of violation under JCC 19.15.010, the director may issue a notice of violation and order of abatement to the person responsible. The notice and order permits Jefferson County to abate the nuisance, usually by removing or rectifying of the nuisance.

(b) Under the following circumstances the director may issue a notice of violation and order of abatement without having attempted to secure voluntary compliance after a notice of violation:

(i) When an emergency exists;

(ii) When a repeat violation occurs;

(iii) When the nuisance creates a situation or condition which cannot be corrected;

(iv) When the person responsible knew or reasonably should have known that the action was a civil code violation; or

(v) When the person responsible cannot be contacted when reasonable attempts to contact the person have failed or the person refuses to communicate or cooperate with the county in correcting the nuisance.

(i) The name and address of the person responsible;

(ii) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance has occurred or is occurring;

(iii) A description of the nuisance and a reference to the provision(s) of the county regulation(s) which has been allegedly violated;

(iv) The required corrective action and a date and time by which the correction must be completed and, after which, the county may abate the nuisance in accordance with JCC 19.10.025;

(v) A statement that the costs and expenses of abatement incurred by the county pursuant to JCC 19.30.020, and a monetary penalty in an amount per day for each nuisance as specified in JCC 19.30.010, may be assessed against the person to whom the notice of violation and order of abatement is directed; and

(vi) A statement that administrative appeal rights to the hearing examiner may be available under JCC 19.40.015.

(d) Extensions. Extensions of the time specified in the notice and order of abatement may be granted at the discretion of the director upon a showing of good cause. 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.

(2) Summary Abatement.

(a) When the director determines that a nuisance, as defined in JCC 19.10.015(36), has occurred or is occurring and constitutes an emergency, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible as soon as reasonably possible after the abatement, consistent with JCC 19.10.050.

(i) The person responsible shall bear the costs and expenses of abatement incurred by the county pursuant to JCC 19.30.020 after service upon the person responsible of the notice of violation and order of abatement. A monetary penalty in an amount per day for each nuisance as specified in JCC 19.30.010 may be assessed against the person to whom the notice of violation and order of abatement is directed.

(b) No right of action shall lie against the county or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate adverse impacts to the public health and safety, but neither shall the county be entitled to recover any costs incurred for summary abatement until service upon the person responsible of the notice of violation and order of abatement. [Ord. 9-20 § 1 (Appx. A)]

19.20.020 Stop work order.

(1) Stop Work Order. Whenever the director determines that work is a civil code violation, as defined in JCC 19.10.015(14), or is a nuisance, as defined in JCC 19.10.015(36), the director may issue a stop work order when:

(a) Work is not authorized by a valid permit;

(b) A valid permit has been issued, but the work is not in compliance with the permit or approved plans; or

(d) Content. The stop work order shall include the following:

(i) The name and address of the person responsible;

(ii) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the civil code violation or nuisance has occurred or is occurring;

(iii) A description of the civil code violation or nuisance and a reference to the provision(s) of the ordinance, statute, regulation, health officer directive, or health officer order(s) which has been allegedly violated;

(iv) Notification that the stop work order requires the immediate cessation of the specified work or activity on the subject property and that work or activity may not resume unless authorized in writing by the director in the form of a certificate of correction; and

(v) A statement that a monetary penalty in an amount per day for each civil code violation or nuisance as specified in JCC 19.30.010 may be assessed against the person to whom the stop work order is directed; and

(vi) A statement that administrative appeal rights may be available under JCC 19.35.015 or 19.35.045.

(vii) Posting. The director shall post a visible stop work order on the building, structure, premises, or land upon which is subject to the stop work order. [Ord. 9-20 § 1 (Appx. A)]