Chapter 12.32
ENFORCEMENT
Sections:
12.32.010 Violations of this title.
12.32.030 Inspection procedures.
12.32.035 Special enforcement provisions.
12.32.050 Cumulative civil penalty.
12.32.070 Order to maintain or repair.
12.32.080 Notice of violation – Assessment of penalty.
12.32.090 Appeal and disposition.
12.32.100 Liability for costs of investigation.
12.32.110 Collection of civil penalty.
12.32.130 Violations and abatement.
12.32.010 Violations of this title.
The placement, construction or installation of any structure, or the connection to a public storm drainage facility, or the discharge to a public storm drainage facility, or grading, or any other activity that violates the provisions of this title shall be and the same is declared to be unlawful and a public nuisance. As such, any person who causes, aids or abets a violation of this title has committed a civil infraction and shall be subject to the citations, orders, sanctions and remedies adopted in this chapter and the civil enforcement ordinance (Chapter 2.116) as now or hereafter amended. Additionally, any person who willfully or knowingly causes, aids or abets a code violation of this title by any act of commission or omission is guilty of a misdemeanor.
Violations of this title may be abated through the use of the civil enforcement ordinance (Chapter 2.116), through civil or criminal penalties, through stop work orders, or through any other remedies set forth in this title, including, but not limited to, revocation of any permits. Each violation shall constitute a separate violation for each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources. Such choice will not preclude the department’s ability to also pursue other actions.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.020 Inspection.
(1) Routine Inspections. The director shall have access to any site for which a site development activity permit has been issued pursuant to this title during regular business hours for the purpose of on-site review and to ensure compliance with the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes; however, consent shall first be requested as per Section 12.32.030.
(2) Inspection for Cause. Whenever there is cause to believe that a violation of this title has been or is being committed, the director is authorized to inspect the property associated with the alleged violation, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable in the circumstances in accordance with Section 12.32.030. The applicant for any site development activity permit issued under this title shall, as a condition of issuance of such permit, agree in writing that such access to the project site is allowed for this purpose and that any action, that inhibits the collection of information relevant to enforcement of the provisions of this title, shall be grounds for issuance of a stop work order by the director.
(3) Inspection. Projects where work is completed, but not inspected, shall receive a stop work order. No further work or inspections will be authorized until all required inspections for completed work have been approved. Testing, including infiltration and other nondestructive tests, may be required to verify compliance with Kitsap County Code.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.030 Inspection procedures.
Prior to making any inspections, the director shall present identification credentials, state the reason for the inspection and request entry.
(1) If the property or any building or structure on the property is unoccupied, the director shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.
(2) If, after reasonable effort, the director is unable to locate the owner or other person(s) having charge or control of the property, the director shall enter as allowed by written consent pursuant to the permit or as otherwise allowed by law. If the director has reason to believe the condition of the site or of the stormwater drainage system creates an imminent hazard to persons or property, he or she may enter.
(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.035 Special enforcement provisions.
(1) Analysis Conducted by State-Certified Laboratory. As part of any investigation of a potential violation of this chapter, water samples shall be analyzed by a state-certified water quality laboratory capable of conducting the necessary analyses.
(2) Assessment for Laboratory Costs. If a violation of this chapter is found to exist through the use of water quality testing, the person responsible for the violation may be assessed the county’s actual costs in conducting the laboratory analyses described in subsection (1) of this section.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.040 Stop work orders.
“Stop work order” means a written notice, signed by the director, that is posted on the site of a construction activity, stating that a violation of a Kitsap County ordinance has occurred and that all construction-related activity, except for erosion and sedimentation control activities authorized by the director, is to cease until further notice. The director may cause a stop work order to be issued whenever the director has reason to believe that there is a violation of the terms of this title. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorization is given by the director to proceed.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.050 Cumulative civil penalty.
Every person who violates this title, or the conditions of an accepted site development activity permit plan, may incur a civil penalty. The penalty shall not be less than $100.00 or exceed $1,000.00 for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.070 Order to maintain or repair.
The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a stormwater facility or BMP to bring it in compliance with this title. The order shall include:
(1) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;
(2) A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and
(3) A reasonable time to comply, depending on the circumstances.
(Ord. 599 (2021) § 53, 2021; Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.080 Notice of violation – Assessment of penalty.
Whenever the director has found that a violation of this title has occurred or is occurring, the director is authorized to issue a notice of violation directed to the person or persons identified by the director as the violator.
(1) The notice of violation shall contain:
(A) The name and address of the property owner;
(B) The street address, when available, or a legal description sufficient to identify the building, structure, premises or land upon or within which the violation is occurring;
(C) A statement of the nature of such violation(s);
(D) A statement of the action that is required to be taken within twenty-one days from the date of service of the notice of violation, unless the director has determined the violation to be hazardous and to be requiring immediate corrective action, or unless the corrective action constitutes a temporary erosion control measure;
(E) A statement that a violation is (1) a misdemeanor if willingly or knowingly committed and may be prosecuted as such or (2) a civil infraction subject to a cumulative civil penalty in the amount of not less than $100.00 and not exceeding $1,000.00 per day for each and every day following the date set for correction on which the violation continues; and
(F) A statement that the director’s determination of violation may be appealed to the Kitsap County hearing examiner by filing written notice of appeal, in accordance with Chapter 21.04. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the director to be hazardous and to require immediate corrective action or was determined by the director to constitute a temporary erosion control measure.
(2) The notice of violation shall be served upon the person(s) to whom it is directed either personally or by complaint in superior court proceedings or by mailing a copy of the notice of violation by certified mail.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.090 Appeal and disposition.
A notice of violation issued pursuant to this chapter is a Type 1 decision that may be appealed as provided in Section 21.04.290, Appeals.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.100 Liability for costs of investigation.
Any person found to be in violation of this title shall be responsible for the costs of investigation by the county. Such cost may include the analytical services of a certified laboratory.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.110 Collection of civil penalty.
The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. Penalties imposed under this chapter shall become due and payable thirty days after receiving notice of penalty unless an appeal is filed. The prosecuting attorney, on behalf of the county, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.120 Hazards.
(1) Whenever the director determines that any existing construction site, erosion/sedimentation problem or drainage facility poses a hazard to public safety or substantially endangers property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety and operation of county right-of-way, or violates state water pollution laws, the person to whom the permit was issued, or the person or persons holding title to the property within which the drainage facility is located, shall, upon receipt of notice in writing from the director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this title.
(2) Should the director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he or she may take the measures necessary to eliminate the hazardous situation; provided, that he or she shall first make a reasonable effort to locate the owner before acting, in accordance with Section 12.32.030. In such instances, the person or persons holding title to the subject property shall be obligated for the payment to Kitsap County of all costs incurred by the county. If costs are incurred and a bond pursuant to this chapter or other county requirement has been posted, the director shall have the authority to collect against the bond to cover costs incurred.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)
12.32.130 Violations and abatement.
(1) The violation of or failure to comply with any of the provisions of this chapter is unlawful. The remedies and penalties provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law. Authority to enforce provisions of this chapter is granted to the public works director.
(2) Abatement. If a violation of this chapter presents an imminent and material risk of danger to persons, property or the public health, safety, welfare, or the environment, the county may summarily and without prior notice take any lawful action necessary to abate the violation. The county may assess any costs incurred by the county against the person responsible for the violation. Notice of such abatement, including the reason for it, shall be mailed or given to the person responsible for the violation as soon as reasonably possible after the abatement. 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 risks.
(Ord. 540 (2016) § 4 (Att. 1) (part), 2016)