Chapter 1.20 GENERAL PENALTY AND FINES, CIVIL PENALTY AND NOTICES OF VIOLATION

Chapter 1.20
GENERAL PENALTY AND FINES, CIVIL PENALTY AND NOTICES OF VIOLATION

Sections:

1.20.010 Authority.

The board shall have the authority to make and enforce, by appropriate resolutions or ordinances, all such police and sanitary regulations as are not in conflict with state law, and authorizing the board of county commissioners to declare any violation of such resolutions or ordinances to be a misdemeanor under RCW 36.32.120(7), and declaring every crime punishable by a fine of not more than $250.00, or by imprisonment in a county jail for not more than 90 days, a misdemeanor, under RCW 9.92.030. [Ord. 1157, 1998]

1.20.020 Violations - Penalty and fine.

Unless otherwise specifically provided for, any person violating any provision or failing to comply with any mandatory requirement of the laws, resolutions or ordinances of Lewis County shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the laws, resolutions or ordinances of Lewis County shall be punished by a fine of not more than $250.00 and/or be incarcerated for a period not to exceed 90 days. Each person shall be guilty of a separate offense for each and every day during any portion of which any violation of the provision of the laws, resolutions or ordinances of Lewis County is committed, continued or permitted by any such person and shall be punished accordingly. [Ord. 1157, 1998]

1.20.030 Failure to pay fines, costs.

(1) Upon the rendition of judgment against any defendant for violation of laws, resolutions or ordinances of Lewis County, an order shall be made and entered that if the defendant shall neglect or refuse to satisfy judgment and costs of suit, he shall be confined in the county jail or other place of confinement provided for that purpose until the fine and costs adjudged against him are paid. During such confinement he may be required to do work for the county under the supervision and direction of the Lewis County sheriff. The amount of fines and costs owing by a confined defendant shall be reduced in accordance with subsection (2) of this section. Execution shall be issued immediately upon the rendition of judgment.

(2) The amount of fine and costs owing by any person ordered into custody in the county jail until the fine and costs adjudged against him are paid shall be reduced by $40.00 for every day that defendant performs labor as provided in RCW 10.82.040 and $30.00 for every day the defendant does not perform such labor while imprisoned. [Ord. 1157, 1998]

1.20.040 Civil enforcement.

(1) This chapter provides the procedure for enforcing and investigating suspected violations of county ordinances. The procedure created by this chapter is civil in nature and subject to the Infraction Rules for Limited Jurisdiction Courts.

(2) Applicability.

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

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

(3) Enforcement. Only an authorized official may enforce the provisions of this title. For purposes of this title, an authorized official is defined as any one of the following:

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

(b) The Lewis County health officer, the administrative officer of the board of health, and their authorized representatives;

(d) The Lewis County prosecuting attorney may, in addition to any enforcement provisions hereunder, have authority to institute any legal proceedings necessary to enforce this title; and

(e) The Lewis County board of commissioners and the Lewis County board of health may designate other persons to administer the provisions of this title.

(4) Violations - Investigations - Evidence.

(a) An authorized official may investigate alleged or apparent violations of the ordinances and codes referenced above in subsection (2)(a) of this section. 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 do not damage or interfere with the use of the land by those persons lawfully entitled to the possession thereof.

(b) Upon request of the authorized official, the person alleged or apparently in violation of this chapter shall provide information identifying themselves.

(5) Notice of Infraction - Service. Whenever an authorized official determines that a violation has occurred, or is occurring, he/she may pursue reasonable attempts to secure voluntary corrections, failing which he/she may issue a notice of infraction. An authorized official may issue a notice of infraction if either the provisions of the codes referenced in subsection (2) of this section have been violated in the officer’s presence, or if the official has probable cause to believe, and does believe, that a referenced code provision has been violated. A notice of infraction maybe be served either by:

(a) The authorized official serving the notice of infraction on the person named in the notice of infraction at the time of issuance; or

(b) The authorized official filing the notice of infraction with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of infraction at his/her address.

(6) Notice of Infraction - Forum - Contents. The notice of infraction shall contain the following statements:

(a) The authorized official has determined that the infraction has been committed by the person named in the notice and that the determination is final unless contested, as provided in this chapter;

(b) The infraction is a noncriminal offense, not punishable by imprisonment;

(c) The specific violation which the person is alleged to have committed and the accompanying statutory citation, the date and place of the infraction, the date the notice was issued, and the authorized official;

(d) The monetary penalties established for each infraction;

(e) The options and corresponding procedures provided in this chapter for responding to the notice;

(f) That at any hearing to contest the determination that the county has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized official who issued and served the notice of infraction;

(g) That at a hearing for mitigating the infraction, the person will only have the opportunity to explain the circumstances of the infraction and may not contest that the person committed an infraction;

(h) A promise requiring the person’s signature that the person will respond to the notice of infraction in one of the ways provided in this chapter and within the time required;

(i) That refusal to sign and respond to the infraction is a misdemeanor and may be punished by a fine and/or imprisonment in jail.

(j) That each day the violation continues may be considered a separate violation;

(k) The failure to mail a response, within 15 days of the date of the notice, or 18 days from the date mailed if service is by mail, forfeits the person’s right to contest the infraction at a hearing; and

(l) The name, address, and telephone number of the district court clerk.

(7) Notice of Infraction - Filing - Hearing in District Court. The authorized official shall file a notice of infraction in district court within 48 hours of issuance, excluding Saturdays, Sundays, and holidays. Lewis County district court shall have jurisdiction to hear and determine these matters.

(8) Notice of Infraction - Determination Infraction Committed. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction. A notice shall not be insufficient for failure to give a definite statement of the essential facts of an infraction or any other defects that do not prejudice the substantial rights of the defendant.

(9) Notice of Infraction - Response - Requesting a Hearing - Failure to Respond or Appear - Order to Set Aside.

(a) A person who receives a notice of infraction shall respond to the notice, either by mail or in person, within 15 days of the date the notice was served, or 18 days from date mailed if service is by mail. Mailed responses must be postmarked on or before midnight of the fifteenth day. The person named in the notice of infraction may respond to the infraction by:

(i) Paying the appropriate monetary penalty, completing the appropriate portion of the notice of infraction and submitting it to the court specified on the notice. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When such a response is received, the court shall enter and record a judgment that the person committed the infraction. A record of the response order shall be furnished to the appropriate department(s).

(ii) Completing the portion of the notice of civil infraction requesting a mitigation hearing and submitting it to the district court. Within 14 days, the court shall notify the person in writing of the time, place, and date of the hearing. That date shall not be earlier than 14 days nor more than 120 days from the date of the notice of the hearing, except by agreement.

(iii) Completing the portion of the notice of infraction requesting a hearing to contest the infraction and submitting it to the district court. Within 14 days, the court shall notify the person in writing of the time, place, and date of the hearing. That date shall not be earlier than 14 days nor more than 120 days from the date of the notice of the hearing, except by agreement. A notice issued by the district court shall also advise the person requesting a hearing of the person’s right to subpoena witnesses and that failure to either appear at a hearing or pay the penalty may be a crime for which the person may be arrested and may prevent the person from obtaining any county permits.

(b) If a person served with an infraction:

(i) Fails to respond to the notice of civil infraction as provided in subsection (9)(a) of this section; or

(ii) Fails to appear at a hearing requested pursuant to either subsection (9)(a)(ii) or (iii) of this section; then

The court shall enter a default judgment assessing the monetary penalty prescribed for the civil infraction, and may notify the prosecuting attorney of the failure to respond to the notice of civil infraction or to appear at a requested hearing.

(10) Notice of Failure to Sign, Appear, or Satisfy Penalty.

(a) A person who fails to sign a notice of civil infraction is guilty of a misdemeanor.

(b) Any person willfully violating his/her written and signed promise to respond to a notice of civil infraction is guilty of a misdemeanor regardless of the disposition of the notice of civil infraction; however, appearance of counsel shall satisfy the person’s obligation to respond.

(c) A person who willfully fails to pay a monetary penalty as required by a court under this chapter may be found in civil contempt of court after notice and hearing.

(11) Representation by Attorney.

(a) A person subject to proceedings under this chapter may appear or be represented by counsel.

(b) The prosecuting attorney representing the county may, but need not, appear in any proceedings under this chapter, notwithstanding any statute or court rule to the contrary.

(12) Infraction Hearing Procedure - Burden of Proof - Order Appeal.

(a) A hearing held to contest the determination that an infraction has been committed shall be without a jury.

(b) The court may consider the notice of infraction and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his/her personal appearance at the hearing. The person named in the notice may subpoena witnesses, including the authorized official who has issued and served the notice, and has the right to present evidence and examine witnesses present in court. Upon demand, the county shall provide the person with a list of witnesses and the authorized official’s sworn statement. Subpoenas and discovery demands shall conform to Rule 3.1(a) and (b) of the Infraction Rules of Courts of Limited Jurisdiction, as hereafter amended.

(d) After consideration of the evidence and argument, the court shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court’s records. If it has been established that a civil infraction has been committed, an appropriate order shall be entered in the court’s records.

(e) An appeal from the court’s determination to order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Court of Limited Jurisdiction.

(13) Explanation of Mitigating Circumstances.

(a) A hearing for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may present witnesses, but may not subpoena witnesses. The determination that a civil infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. A person may be represented by a lawyer at a mitigation hearing.

(b) After the court has heard the explanation of the circumstances surrounding the commission of the civil infraction, an appropriate order shall be entered in the court’s record.

(14) Monetary Penalties - Restitution.

(a) A person found to have committed a civil infraction shall be assessed a monetary penalty. All violations of this title shall be denominated Class 2 civil infractions under Chapter 7.80 RCW, unless otherwise specified in the particular Lewis County Code chapter violated. The maximum penalty and default amount for a Class 2 civil infraction shall be $125.00, not including statutory assessments.

(b) A court shall assess a Class 1 monetary penalty under Chapter 7.80 RCW for the second and each succeeding violation of the same ordinance that a person commits within 12 months. The maximum penalty and default amount for a Class 1 civil infraction shall be $250.00, not including statutory assessments.

(c) Whenever a court imposes a monetary penalty under this section it is immediately payable. If the person is unable to pay at the time, the court may grant an extension of the period of time in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the prosecuting attorney of the failure to pay. The court shall notify the appropriate county department(s) of the failure to pay the penalty, and the department(s) shall not issue the person any future permits for any work until the monetary penalty has been paid.

(d) The court may also impose attorney fees and/or order a person found to have committed a civil infraction to make restitution, including the county’s enforcement costs. If restitution is ordered, the court shall set a minimum monthly payment that the person is required to make towards restitution. The court should take into consideration the total amount of the restitution owed, the offender’s future ability to pay, as well as any assets that the offender may have.

(15) Court Order Is Civil - Modification of Penalty.

(a) An order entered pursuant to this section is civil in nature.

(b) The court may waive, reduce, or suspend the monetary penalty prescribed for the civil infraction.

(16) Costs and Attorney’s Fees. Each party in a civil infraction case is responsible for court costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a civil infraction case.

(17) Interpretation. This civil enforcement section shall be interpreted consistently with the Infraction Rules for Courts of Limited Jurisdiction and Chapter 7.80 RCW. The Infraction Rules for Courts of Limited Jurisdiction shall control all procedural matters not covered by this chapter. All other matters shall be controlled by Chapter 7.80 RCW.

(18) Lewis County officials, employees, agents and representatives investigating suspected violations of or enforcing other ordinances and codes pursuant to this civil enforcement section shall be exempt from the provisions of Chapter 1.25 LCC. [Ord. 1192 §8, 2006; Ord. 1180 §2, 2002; Ord. 1157, 1998]