Chapter 21.04
PENALTIES
Sections:
21.04.010 Prosecution of Violation.
21.04.020 Violation Penalties Associated with County Approvals.
21.04.050 Judicial Enforcement.
21.04.010 Prosecution of Violation.
(1) Any person, firm or corporation failing to comply with a notice of a violation or order to comply served in accordance with the provisions of Titles listed in Subsection 21.01.020 shall be deemed guilty of a violation and subject to a citation or civil infraction as provided in this Title.
(2) The owner, lessee, or tenant of any building, structure, premises, or part thereof, and, any architect, engineer, builder, contractor, employee, agent, or other person, who commits, authorizes, participates in, assists in, or who maintains after notice, a violation of this Title may each be found guilty of a separate offense and suffer the penalties provided in this Title.
(3) If there is not compliance with a notice of violation, the Code Enforcement Official, or his or her designee, shall institute the appropriate proceeding at law or in equity to restrain, correct or abate such violation, or to require the removal or termination of the unlawful occupancy of the structure in violation of the provisions of this code or of the order or direction made pursuant thereto. All County costs and expenses related to action taken by the County concerning such premises shall be charged against the real estate upon which the structure is located and shall be a lien upon such real estate.
(Ord. 11-2019 (part), 2019).
21.04.020 Violation Penalties Associated with County Approvals.
(1) Violations of Existing County Approvals.
Any person who violates a provision of the Titles listed in Subsection 21.01.020 or fails to comply with any of the requirements thereof or who erects, constructs, alters or repairs a building or structure in violation of the approved construction documents or directive or order of the Building Official, or of a development permit issued under the provisions of the Titles listed in Subsection 21.01.020, shall be subject to penalties as set forth in those Titles or as prescribed by state law. Each day that a violation continues after due notice has been served may be deemed a separate offense.
(2) Denial of Future County Approvals.
In order to further the corrective purposes of this Title, the County will not issue a building or development proposal permit unless the requested permit remediates and corrects the violation or property conditions creating the violation with regard to the site or project for which the permit application is submitted. This includes all payments and/or any civil or monetary penalty imposed for the violation. Any building or development proposal permit that does not correct the violation will be denied.
(Ord. 11-2019 (part), 2019).
21.04.030 Civil Infractions.
(1) This section shall apply to the enforcement of Yakima County ordinances and codes, including those related to building, zoning, storm water, environmental health and safety, and quality of life, which specifically reference this Title or the ordinance codified in this Title and those ordinances which provide that the Yakima County Code Enforcement Official is charged with enforcement of those ordinances.
(2) In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, the Reviewing Official may issue a citation or infraction imposing a penalty upon any person responsible for code compliance who commits a civil code violation. Violations of the applicable codes shall be corrected under the provisions of this Title and as authorized by RCW 7.80, in coordination with existing ordinance and code provisions.
(3) For purposes of this Title, an authorized Code Enforcement Official or an RCW 7.80.040 enforcement officer is any one of the following:
(a) The Yakima County sheriff and his or her authorized representatives.
(b) The Yakima County Code Enforcement Official and his or her authorized representatives.
(c) The Yakima County Fire Marshal and his or her authorized representatives.
(d) The Yakima County Public Services Director and his or her authorized representatives.
(e) The Yakima County prosecuting attorney shall have authority to enforce the provisions of this Title and may pursue any legal proceedings necessary to enforce the provisions of this Title;
(f) Those Yakima County Officials as defined under Reviewing Official in Section 21.01.050 of this Title; and
(g) Other persons as may be designated from time to time by the Yakima County Board of Commissioners.
(4) The Code Enforcement Official and his or her authorized representatives may investigate alleged or apparent violations of this Title. 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 of the property, and as authorized by law. Upon request of the authorized official, the person allegedly or apparently in violation of this Title is required to provide reasonable information identifying themselves.
(5) Whenever an authorized official determines that a violation has occurred or is occurring, he or she may pursue reasonable attempts to secure voluntary corrections. An authorized Code Enforcement Official may issue a Civil Infraction if the authorized official reasonably believes that the provisions of this Title have been violated. A Civil Infraction may be issued either by:
(a) The authorized official issuing the Civil Infraction on the responsible person; or
(b) The authorized official filing the Civil 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 Civil Infraction at his or her address.
(6) A Civil Infraction shall be filed in district court within forty-eight hours of issuance, excluding Saturdays, Sundays, and holidays. Yakima County District Court shall have jurisdiction to hear and determine these matters.
(7) A person who receives a Civil Infraction shall respond to the notice as provided in this section within fifteen days of the date the notice was served.
(8) If the person named in the Civil Infraction does not contest the determination, the person shall respond by completing the appropriate portion of the Civil Infraction and submitting it, either by mail or in person, to the court specified on the notice. Payment of the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court’s records, and a record of the response order shall be furnished to the authorized official. Failure to contest the determination and the payment of the fine does not release the person named in the Civil Infraction from their obligation to comply with the Notice or Order of the authorized official.
(9) If the person determined to have committed the Civil Infraction wishes to contest the determination, the person shall respond by completing the portion of the Civil Infraction requesting a hearing for that purpose and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing, and that date shall not be earlier than seven days nor more than ninety days from the date of the notice of the hearing, except by agreement.
(10) 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 Civil Infraction or to appear at a requested hearing if any person issued a notice of Civil Infraction fails to respond.
(11) Any person willfully violating his or her written and signed promise to appear in court or his or her written and signed promise to respond to a Civil Infraction is guilty of a misdemeanor regardless of the disposition of the Civil Infraction; provided, that a written promise to appear in court or a written promise to respond to a Civil Infraction may be complied with by appearance of counsel.
(12) A person who willfully fails to pay a monetary penalty or to perform community service as required by a court under this section may be found in civil contempt of court after notice and hearing.
(13) A person subject to proceedings under this section may appear or be represented by counsel but not at public expense.
(14) The prosecuting attorney representing the county may, but need not, appear in any proceedings under this section, notwithstanding any statute or court rule to the contrary.
(15) A hearing held to contest the determination that a Civil Infraction has been committed shall be without a jury.
(16) The court may consider the Civil Infraction and any sworn statements submitted by the authorized representative who issued and served the Civil Infraction in lieu of his or her personal appearance at the hearing. The person named in the Civil Infraction may subpoena witnesses, including the authorized representative who has issued and served the Civil Infraction, and has the right to present evidence and examine witnesses present in court.
(17) The burden of proof is on the county to establish the commission of the civil infraction by a preponderance of evidence.
(18) After consideration of the evidence and argument, the court shall determine whether the Civil Infraction was committed.
(19) An appeal from the court’s determination or order shall be to the Superior Court in the manner provided by the Rules for Appeal of Decisions of Courts of Limited Jurisdiction (RALJ).
(20) A hearing held 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 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) 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 records.
(b) There shall be no appeal from the court’s determination or order.
(21) A person found to have committed a civil infraction shall be assessed a monetary penalty. All violations of this Title shall be denominated Class I Civil Infractions. The maximum penalty and default amount for a Class I Civil Infraction shall be two hundred fifty dollars, not including statutory assessments.
(22) Whenever a monetary penalty is imposed by a court under this Title it is immediately payable. If the person is unable to pay at that 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 payments 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 also notify the Public Services Department of the failure to pay the penalty, and the department shall not issue the person any future permits for any work until the monetary penalty has been paid.
(Ord. 11-2019 (part), 2019).
21.04.040 Monetary Penalties.
The Code Enforcement Official, or his or her designee, may impose monetary penalties, in addition to a Civil Infraction, as set forth in section 21.04.030.
(1) A notice of violation may specify a monetary penalty that shall be imposed if the violation is not remedied or cured, or a compliance plan is not agreed to, within the time specified in the notice of violation. Such monetary penalties are in addition to fines or fees imposed by order of the court or by infraction or citation.
(2) Investigative and Land Use Violation Fees: Any person who commences any work on a building, structure, electrical, gas, mechanical or plumbing system before obtaining the necessary permits shall be subject to an investigation fee established by the Building Official that shall be in addition to the required permit fees. In addition to the penalties described in this Chapter and YCC Title 13, land use violation fees will be assessed. The land use violation fee for land use violations is double the fee for any land use permits and applications necessary to remedy the violation.
(3) Monetary penalties shall be assessed and accrue from the date specified in the notice of violation or its written extension(s).
(4) Payment of a monetary penalty assessed under a notice of violation shall not relieve the person(s) named in the notice of violation of the duty to correct, cure, abate, or stop the violation.
(5) Appeal Fees: The applicant will be required to pay the required fee for filing an appeal as indicated in Table 21.04-3. Additionally, if the appealed decision or determination is upheld, the appealing party or parties will pay the cost of the Hearing Examiner’s time in full.
|
Period of Violation |
Monetary Penalty per Period |
|---|---|
|
Day 1 to Day 30* |
$500 |
|
Day 31 Thereafter |
$35 daily |
* Note: The Code Enforcement Official at his or her discretion may impose a monetary penalty upon determination of a violation if the person responsible for the violation is a repeat violator or the violation is deemed egregious.
|
Violation |
First Violation |
Repeat Violations (within a 12-month period) |
|---|---|---|
|
Stop Work Order |
$300 |
$600 |
|
Recording Fees |
Current Auditor’s Filing Fee |
|---|---|
|
Administrative Appeal |
$1,255 |
|
Hearing Examiner Fees1 |
At cost (Hourly rate) |
|
Hourly Rate: County staff wages, benefits, review, regulatory inspections, overhead, third-party consultant services and other expenses incurred during review of the project. |
At cost (Hourly rate) |
|
Public Notice: postage, publishing fees, posting materials, photocopies, printing. |
At cost |
|
Investigation Fee |
As identified by the Building Official |
|
Land Use Violation Fees |
Double the cost of the required land use application |
(1) If the appealed decision or determination is upheld, the appealing party or parties will pay the cost of the Hearing Examiner’s time in full.
(Ord. 11-2019 (part), 2019).
21.04.050 Judicial Enforcement.
(1) In addition to any other judicial or administrative remedy, the prosecuting attorney on behalf of Yakima County may seek enforcement of the Code Enforcement Official’s order by filing a petition for enforcement in Yakima County Superior Court.
(2) The petition must name as respondent each alleged person against whom the Code Enforcement Official seeks to obtain civil enforcement.
(3) A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief and other civil remedy provided by law, or any combination of the foregoing.
(Ord. 11-2019 (part), 2019).
21.04.060 Abatement.
(1) Abatement of Violation.
The imposition of the penalties herein prescribed shall not preclude the legal officer of the jurisdiction from instituting appropriate action to restrain, correct or abate a violation, or to prevent illegal occupancy of a building, structure or premises, or to stop an illegal act, conduct, business or utilization of the building, structure or premises.
(2) Non-Exclusive Authority to Abate.
The County may choose to abate any violation of the County Code through any of the abatement methods set forth in the County Code or in other local, state or federal law, and nothing contained in this Title shall be construed as limiting, prejudicing or adversely affecting the County’s ability to concurrently or consecutively use any of those proceedings as the County may deem are applicable. Proceeding under this Section will not preclude the County from proceeding under other Sections of this Title. Whenever the Code Enforcement Official or his or her designee determines that any condition exists in violation of the provisions of this Title, he or she may take enforcement action pursuant to this Section.
(Ord. 11-2019 (part), 2019).