Chapter 2.116 CIVIL ENFORCEMENT

(a) This chapter shall apply to the enforcement of Kitsap County ordinances and codes, including those related to building, zoning, environmental health and safety, and quality of life, which specifically reference this chapter or the ordinance codified in this chapter.

(b) Violations of the applicable codes shall be corrected under the provisions of this chapter, in coordination with existing ordinance and code provisions.

(Ord. 209 (1997) § 2, 1997)

2.116.030 Authorized officials.

Only an authorized official may administer the provisions of this chapter. For purposes of this chapter, an authorized official is defined as any one of the following:

(a) The Kitsap County sheriff and his or her authorized representatives;

(b) The director of the Kitsap County department of community development and his or her authorized representatives;

(d) The Kitsap County prosecuting attorney may institute any legal proceedings necessary to implement the provisions of this chapter; and

(e) The Kitsap County board of commissioners may designate other persons to administer the provisions of this chapter.

(Ord. 568 (2019) § 1, 2019: Ord. 209 (1997) § 3, 1997)

2.116.040 Violations – Investigations – Evidence.

An authorized official may investigate alleged or apparent violations of Kitsap County Code. In the performance of that investigation, an authorized official may enter upon any land and make examinations and surveys; provided, that such entries, examinations and surveys are carried out in accordance with all applicable laws and do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof. Upon request of the authorized official, the person allegedly or apparently in violation of this chapter shall provide information identifying themselves in accordance with RCW 7.80.060, as now or hereafter amended.

(Ord. 568 (2019) § 2, 2019: Ord. 209 (1997) § 4, 1997)

2.116.041 Enforcement.

The violation of this chapter shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued, or permitted.

(Ord. 568 (2019) § 3, 2019)

2.116.042 Civil infractions – Procedure.

Authorized officials shall follow the civil infraction procedures set forth in the provisions of Chapter 7.80 RCW, as now or thereafter amended.

(Ord. 568 (2019) § 4, 2019)

2.116.043 (Repealed)*

* Editor’s Note: Former Section 2.116.043, “Internal policy,” was repealed by Ordinance 580 (2019). Section 5 of Ordinance 568 (2019) was formerly codified in this section.

2.116.044 (Repealed)*

* Editor’s Note: Former Section 2.116.044, “Informational packet,” was repealed by Ordinance 580 (2019). Section 6 of Ordinance 568 (2019) was formerly codified in this section.

2.116.050 (Repealed)*

* Editor’s Note: Former Section 2.116.050, “Notice of infraction – Service,” was repealed by Ordinance 568 (2019). Section 5 of Ordinance 209 (1997) was formerly codified in this section.

2.116.060 (Repealed)*

* Editor’s Note: Former Section 2.116.060, “Notice of infraction – Form – Contents,” was repealed by Ordinance 568 (2019). Section 6 of Ordinance 209 (1997) was formerly codified in this section.

2.116.070 (Repealed)*

* Editor’s Note: Former Section 2.116.070, “Notice of infraction – Filing – Hearing in district court,” was repealed by Ordinance 568 (2019). Section 7 of Ordinance 209 (1997) was formerly codified in this section.

2.116.080 (Repealed)*

* Editor’s Note: Former Section 2.116.080, “Notice of infraction – Determination infraction committed,” was repealed by Ordinance 568 (2019). Section 8 of Ordinance 209 (1997) was formerly codified in this section.

2.116.090 (Repealed)*

* Editor’s Note: Former Section 2.116.090, “Notice of infraction – Response requesting hearing – Failure to respond or appear – Order to set aside,” was repealed by Ordinance 568 (2019). Section 9 of Ordinance 209 (1997) was formerly codified in this section.

2.116.100 (Repealed)*

* Editor’s Note: Former Section 2.116.100, “Notice – Failure to sign – Nonappearance – Failure to satisfy penalty,” was repealed by Ordinance 568 (2019). Section 10 of Ordinance 209 (1997) was formerly codified in this section.

2.116.110 (Repealed)*

* Editor’s Note: Former Section 2.116.110, “Representation by attorney,” was repealed by Ordinance 568 (2019). Section 11 of Ordinance 209 (1997) was formerly codified in this section.

2.116.120 (Repealed)*

* Editor’s Note: Former Section 2.116.120, “Infraction – Hearing – Procedure – Burden of proof – Order –

Appeal,” was repealed by Ordinance 568 (2019). Section 12 of Ordinance 209 (1997) was formerly codified in this section.

2.116.130 (Repealed)*

* Editor’s Note: Former Section 2.116.130, “Infraction – Explanation of mitigating circumstances,” was repealed by Ordinance 568 (2019). Section 13 of Ordinance 209 (1997) was formerly codified in this section.

2.116.140 (Repealed)*

* Editor’s Note: Former Section 2.116.140, “Monetary penalties – Restitution,” was repealed by Ordinance 568 (2019). Section 14 of Ordinance 209 (1997) was formerly codified in this section.

2.116.150 (Repealed)*

* Editor’s Note: Former Section 2.116.150, “Order of court – Civil nature – Modification of penalty – Community service,” was repealed by Ordinance 568 (2019). Section 15 of Ordinance 209 (1997) was formerly codified in this section.

2.116.160 (Repealed)*

* Editor’s Note: Former Section 2.116.160, “Costs and attorney’s fees,” was repealed by Ordinance 568 (2019). Section 16 of Ordinance 209 (1997) was formerly codified in this section.

2.116.170 Severability.

If any section, subsection, clause or phrase of the ordinance codified in this chapter or amendment thereto, or its application to any person or circumstance, is held by a court of competent jurisdiction to be invalid, the remainder or application to other persons, or circumstances shall not be affected.

(Ord. 209 (1997) § 17, 1997)