Chapter 21.02
VIOLATIONS
Sections:
21.02.020 Coordination Required with Other Officials.
21.02.030 Complaint Priority and Response.
21.02.040 Identification and Right of Entry.
21.02.010 Violations.
(1) Any person, firm, or corporation violating any of the provisions of this Title, including the provisions of the various Codes set forth in 21.01.020, or violating or failing to comply with any order issued or made pursuant to its provisions shall severally and for each and every violation and act of noncompliance respectively, be deemed responsible for committing the violation or act and is subject to any penalty provided by law and/or as provided for in this Title.
(2) Code Violations defined as Nuisances, in YCC 21.01.050 are subject to the enforcement procedures outlined in this Title and its incorporated code provisions.
(3) All Violations of Yakima County Code provisions, including official notices of violations and of orders issued by the Code Enforcement Official or authorized officials, and of court issued orders, are declared to be nuisances and are subject to the enforcement procedures outlined in this Title.
(4) Every owner, responsible party, occupier, lessee or tenant, of property in violation of the provisions of this Title or who maintains a violation of this Title or who neglects to abate a continuing nuisance upon the subject property, even if originated under a former owner, is liable in the same manner as their predecessors.
(Ord. 11-2019 (part), 2019).
21.02.020 Coordination Required with Other Officials.
(1) The Code Enforcement Official responsible for enforcement of the Titles set forth in Section 21.01.020, is authorized to coordinate with any other county or state department, division or regulatory agency to confirm a suspected violation and to coordinate compliance and remedial actions.
(2) The Code Enforcement Official may consult with the appropriate Reviewing Official and with legal counsel to coordinate proposed corrective actions and to confirm compliance with all permitting or licensing requirements mandated by applicable laws or regulations.
(Ord. 11-2019 (part), 2019).
21.02.030 Complaint Priority and Response.
The Yakima County Code Enforcement Division generally responds to alleged violations of the Yakima County Codes and regulations based on written citizen complaints or referrals of potential violations from other regulatory agencies. However, if violations of the Yakima County Building Code Title 13 are observed by citizens, agencies or by Yakima County building, fire, and life safety personnel during the course of their inspections; or if an alleged violation creates the risk of immediate or serious or extensive damage or harm, Code Enforcement may take immediate enforcement action prior to receiving a written complaint or referral.
Nothing in this Chapter shall be construed as requiring the County to enforce the prohibitions in this Title against all or any properties which may violate any county code or this Title. The County retains the discretion to enforce and prosecute violations of this ordinance as the County’s resources permit. Exercise of such discretion may result in the enforcement and prosecution of a limited number of violations at any given time. Nothing in this Section or the absence of any similar provisions from any other County law shall be construed to impose or create a duty upon the County to enforce such other provision of law.
(Ord. 11-2019 (part), 2019).
21.02.040 Identification and Right of Entry.
(1) The Code Enforcement staff shall carry proper identification when inspecting structures or premises in the performance of their duties under this code.
(2) All entry made onto private property for the purpose of inspection for code compliance or investigation of complaints shall be lawful when conducted in strict conformity with constitutional and statutorily established policies and constraints on entry as established by statutory or case law. The right of entry granted by this title shall not supersede those legal constraints.
(3) Where it is necessary to make an inspection to enforce the provisions of this code, or whenever the Code Enforcement Official has reasonable cause to believe that there exists in a structure or upon a premises a condition in violation of this code, the code official is authorized to enter the structure or premises at reasonable times to inspect or perform the duties imposed by this code, provided that if such structure or premises is occupied the code official shall present credentials to the occupant and request permission to enter and inspect. If such structure or premises is unoccupied, the code official shall first make a reasonable effort to locate the owner, owner’s authorized agent, or other person having charge or control of the structure or premises and to request permission to enter.
(4) If entry is denied or resisted, the Code Enforcement Official may seek an administrative warrant to enter onto the premises and conduct an inspection if the statute, code, or regulation that is being enforced authorizes a court to issue an administrative search warrant, and only after submitting evidence in support of an application which is adequate to justify such an order from a court of competent jurisdiction, as authorized by RCW 35.80.030(3).
(Ord. 11-2019 (part), 2019).