Chapter 19.30 PENALTIES, COSTS, AND SETTLEMENTS

Chapter 19.30
PENALTIES, COSTS, AND SETTLEMENTS

Sections:

19.30.015 Monetary penalties additions and subtractions.

19.30.025 Settlement of monetary penalties and costs.

19.30.010 Monetary penalties.

(1) Any person, company, firm, corporation, or other legal entity who creates, maintains, or permits a civil code violation, as defined under JCC 19.10.015(14), or a nuisance, as defined under JCC 19.10.015(36), shall be subject to a monetary penalty. Each violation shall constitute a separate civil violation for each and every day or portion thereof during which such violation is committed, continued, or permitted.

The daily monetary penalties that may be assessed under this chapter are as follows:

Violation Category	First Violation	Subsequent Violation
Abandoned Vessel or Derelict Vessel Nuisance (JCC 19.10.015(2))	$250	$500
Building Nuisance (JCC 19.10.015(11))	$250	$500
Burning Nuisance (JCC 19.10.015(12))	$100	$250
Civil Code Violation (JCC 19.10.015(14))	$250	$500
Public Right-of-Way Nuisance (JCC 19.10.015(44) and 19.25.015)	$100	$250
Salvage Nuisance (JCC 19.10.015(50))	$250	$500
Vehicle Nuisance (JCC 19.10.015(59) and 19.25.010)	$250	$500
Violation of Stop Work Order (JCC 19.20.020)	$500	$1,000
All Other Violations	$250	$500
Multiple Violations – Maximum Daily	$500	$1,000

(2) Monetary penalties assessed create a joint and several obligation in all persons responsible for the civil code violation or nuisance. Such penalties are due and payable 30 calendar days from assessment. The director may collect assessed penalties by any appropriate legal means. A lien for penalties may be recorded if penalties remain unpaid, according to the provisions of this title. A lien for penalties shall run with the subject land (if owned by the person responsible for the civil code violation or nuisance), and shall accrue interest at six percent per annum from the date of recording the lien until paid in full.

(3) The monetary penalties above may be increased or decreased up to 50 percent when authorized by the director, consistent with JCC 19.30.015.

(4) A violation shall be considered ongoing and daily penalties continue to accrue up to the date that the subject property has been brought into compliance with the statute, regulation, or ordinance, as determined by the director, and as evidenced by a written certificate of correction in the form of a letter issued by the director, consistent with JCC 19.10.065. [Ord. 9-20 § 1 (Appx. A)]

19.30.015 Monetary penalties additions and subtractions.

(1) The director may increase or decrease the monetary penalties by 50 percent when the director finds that the addition or subtraction is warranted and the finding is in writing with notice to the person responsible.

(a) The director may increase the monetary penalties up to 50 percent of the penalties authorized under JCC 19.30.010 when the civil code violation or nuisance:

(i) Creates an imminent life safety threat;

(ii) Constitutes a violation of Chapter 18.22 (Critical Areas) or 18.25 JCC (Shoreline Master Program), which has or will reasonably seriously impact the environment;

(iii) Constitutes a violation of Chapter 8.10 (Solid Waste Regulations) or 8.15 JCC (On-Site Sewage Code), which has or will reasonably seriously impact human health or the environment; or

(iv) The person responsible had actual knowledge of the existing conditions which constituted a civil code violation or nuisance and has failed to remedy the civil code violation or nuisance after two or more violations.

(2) The director may decrease the monetary penalties up to 50 percent of the penalties authorized under JCC 19.30.010 when the civil code violation or nuisance:

(a) Is de minimis; or

(b) The person responsible was unaware that the conditions constituted a civil code violation or nuisance and has made reasonable attempts at correcting the civil code violation or nuisance.

(3) The penalty provisions of this section are in addition to or a subtraction from, and not in lieu of, the penalty provisions of JCC 19.30.010.

(4) The penalty additions or subtractions are discretionary and do not impose any requirement on Jefferson County to grant a requested addition or subtraction.

(5) If the director authorizes additions or subtractions to the monetary penalties the director must make written findings detailing the rationale for the additions or subtractions and provide those to the person responsible. [Ord. 9-20 § 1 (Appx. A)]

19.30.020 Recovery of costs.

(1) All penalties, fees, and costs incurred under a notice of noncompliance with a voluntary compliance agreement, notice of violation, notice of violation and order of abatement, stop work order, or any other decision shall be billed to the person responsible or the owner, lessor, tenant, or any other person entitled to control the property where the civil code violation or nuisance has occurred and shall become due and payable to the county within 30 days of the date of mailing the billing.

(2) The following costs may be recovered:

(a) Civil Code Violations. Appeal costs for appeals to the hearing examiner if the person responsible or aggrieved party does not substantially prevail, including but not limited to personnel costs, both direct and indirect and including attorney’s fees; actual expenses and costs of the county in preparing notices and contracts; hearing examiner costs; and the costs of any required printing and mailing.

(b) Nuisances and All Other Violations. Costs that may be recovered include, but are not limited to, personnel costs, both direct and indirect and including attorney’s fees; costs incurred in documenting the civil code violation or nuisance; disposal, towing, hauling, or removal expenses; actual expenses and costs of the county in preparing notices, specifications and contracts associated with the nuisance, and in accomplishing or contracting and inspecting the work; hearing examiner costs; and the costs of any required printing and mailing.

(3) Lien – Authorized. All penalties and costs shall constitute a lien against the affected property, as set forth in JCC 19.10.025(3). The county shall have a lien for any monetary penalty imposed, the cost of any proceedings under this title, and all other related costs against the real property on which the monetary penalty was imposed or any of the work of abatement was performed. The lien shall run with the land but shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on a parity.

(a) The director shall cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due, the work is completed, or the nuisance abated.

(b) The claim for lien shall contain sufficient information regarding the notice, as determined by the director, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(4) The prosecuting attorney is authorized to take appropriate action to collect the monetary penalty.

(5) A director may use the services of a collection agency in order to collect any amounts owing under this chapter. [Ord. 9-20 § 1 (Appx. A)]

19.30.025 Settlement of monetary penalties and costs.

(1) The director is authorized to settle claims for monetary penalties incurred under JCC 19.30.010 and costs incurred under JCC 19.30.020 when such settlement is in the best interest of the county. In addition to the best interest of the county, the director shall consider the following factors:

(a) Whether the person responsible responded to notices and cooperated to correct the civil code violation or nuisance;

(b) Whether the person responsible failed to appear at the hearing;

(d) Whether the person responsible showed due diligence or substantial progress in correcting the civil code violation or nuisance; and

(e) Any other relevant factors.

(2) The director shall make a report to the board of county commissioners regarding all settlements under this section.

(3) The director shall not waive any assessed costs of code compliance or actual abatement costs incurred by the county, including associated interest thereon. Actual abatement costs are funds spent by the county to achieve physical abatement of the violation.

(4) Upon a determination that the violation has been corrected according to the terms of the voluntary compliance agreement, the director shall record a certificate of correction together with an amended lien that reflects a settlement agreement.

(5) Within 30 days of full payment of any remaining penalties, costs, and associated interest, the director shall record a lien satisfaction. [Ord. 9-20 § 1 (Appx. A)]

19.30.030 Enforcement fund authorized.

All monies collected from the assessment of civil penalties, abatement costs, or other costs recovered for the work relating to civil code or nuisance enforcement shall be allocated to support expenditures for enforcement and abatement and shall be accounted for through the creation of an account in the fund for civil code enforcement and abatement costs or other appropriate accounting mechanisms. [Ord. 9-20 § 1 (Appx. A)]