HomeMy WebLinkAboutOrdinance 12-040-CCBOARD OF COUNTY COMMISSIONERS
G12ANT COUNTY, WASHINGTON
ORDIl�iANC�: 12- v7 d -CC
An Ordinance relating to the repeal and replacement of Grant County Code 25.16
"Enforcement and Penalties"
Recitals:
WHEREAS, the Board of County Commissioners of Grant County intends to comply
fully with the laws and regulations of the State of Washington, and;
WI3EREAS, the Board of County Cornmissioners of Grant County adopted a Growth
Management Act compliant Comprehensive Land Use Plan in September of 1999 and
subsequently updated the Comprehensive Plan in 2006 as required by law , and;
WHEREAS, the Board of County Commissioners of Grant County adopted a Unified
Development Code implementing the Comprehensive Plan on October 1, 2000, and;
WHEREAS, the Unified Development Code Chapter 25.12 "Legislative Action"
provides a process for amending the Code, and;
WHEREAS, the Grant County Planning Department initiated an amendment, under
Chapter 25.12, to the Unified Development Code for the purpose of repealing and replacing Grant
County Code 25.16, and;
�VHEREAS, the Board of County Commissioners of Grant County have been advised by
the Grant County Planning Coinrnission that an open record public hearing was conducted on
June 6, 2012 on the matter of amending the Grant County Uniiied Development Code, and;
WHEREAS, on June 6, 2012 the Grant County Planning Commission voted
unanimously to recommend to the Board of County Commissioners approval of the UDC
Amendment request and;
WHEREAS, the Board of County Commissioners of Grant County held an open record
public hearing on June 26, 2012, and;
WHEREAS, the Board of County Commissioners have been advised by the Grant
County Planning Department that the proposed UDC Amendments were processed in accordance
with the requirements of UDC Chapter 25.12 "Legislative Action"; and,
WI3EREAS, the Board of County Commissioners have been advised by the Grant
County Planning Department that the proposed UDC Amendments were processed in accordance
with the requirements of UDC Chapter 24.04 "State Environmental Policy Act"; and,
� Au ordinance relating to the repeal
and replacement of GCC 25.16
VV�IEREAS, the Board of County Commissioners have found that the proposal is
consistent with the Grant County Comprehensive Plan; and,
WHEIZEAS, the Board of County Comrrussioners has found that, the UDC Amendments
will serve the public use and interest.
NOW, THEREFORE, th.e Board of County Commissioners of Grant County does
hereby ordain an amendment to repeal the existing Grant County Code 25.16 and replacing it
with the proposed section 25.16.
BE IT FURTHER ORDAINED, the effective date of this ordinance shall be 5 p.m. of
the date of signature.
PASSED AND ADOPTED this ��� day of June, 2012.
ATTEST:
of the
iPea Nav Abstain
L�'' ❑ ❑
� ❑ ❑
G�]°'°".,. ❑ ❑
BOARD OF COUNTY
COMMISSIONERS
G ATT COUNTY, �VASHINGTOl\T
' ._
Richard Stevens, Chair
Cindy Ca er, Vice-Chair.
,
( . -.G���� i�����!�,�- �.�%
Carolann Swartz, Member
the Board of Couuty Commissioners of Grant Couuty, Wasl�ington
-2�
An ordin�nce rellting to the repeal
and replacement of GCC 2516
Attachment #1 — Code Text GCC 25.16 As Adopted Herein
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Chapter 25.16 ENFORCEMENT AND PENALTIES
25.16.010 Purpose.
The purpose of the enforcement procedures found in this chapter is to establish an efficient system to
enforce the land use and development codes of Grant County for the benefit of the public health, safety
and welf�re, and the environment. To achieve this purpose, this chapter provides procedures for:
(1) Efficient notice and opportunities to correct violations;
(2) Progressive monetary penalties proportionate to the violations;
(3) Contesting a citation or appealing a notice of violation;
(4) Collecting civil penalties; and
(5) Abatement and remediation of violations.
25.16.020 Applicability.
This chapter applies to violations of Chapters 10.24, 10.46, 11.24, 11.28, 11.32, 14.04, 22, 23, 24, and 25
of the Grant County Code and other code provisions within the administrative jurisdiction of the
Department of Community Development (DCD), or the Department of Public Works (DPW). Violations
include but are not limited to:
(1) Failure to obtain required permits or authorizations within the administrative jurisdiction of the
applicable department;
(2) Failure to comply with the terms or conditions of a permit or authorization issued by the applicable
department;
(3) Failure to comply with any county code provision within the administrative jurisdiction of the
applicable department;
(4) Failure to comply with rules or regulations adopted pursuant to the administrative authority of the
applicable department;
(5) Removal without authorization or defacing any sign, notice or order posted pursuant to the
administrative authority of the applicable department; and
(6) Failure to comply with a stop work or emergency order issued under this chapter.
25.16.030 Remedies not exclusive.
The remedies set forCh in this chapter are not exclusive, and do not limit or restrict the authority of the
county from remedying or aUating violations in any manner authorized by law.
25.16.040 Public nuisance.
(1) Violations of Chapters 10.24, 10.46, 11.24, 11.28, 11.32, 14,04, 22, 23, 24, and 25 of the Grant
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County Code and all other codes unc�er the administrative authority of the Department of Community
Development and the Department of Public Works, are determined to be detrimental to the public
health, safety and welfare and are public nuisances.
(2) Whenever the applicable Administrative Ofiicial (AO) deterrrunes that any condition creates a present
or imminent hazard, or is likely to create a hazard to the public safety, health or. welfare, to the
environment, or to public or private property, the director may declare such condition a public
nuisance.
25.16.050 Initiation of enforcement action.
(1) Whenever an AO has reason to believe a violation has occurred, the director may initiate any of the
following enforcement actions against the person(s) responsible for the violation:
(a) Issuance of a citation;
(b) Issuance of a notice of violation;
(c) Issuance of a stop work order;
(d) Issuance of an emergency order; and/or,
(e) Referral of the matter to the prosecuting attorney for enforcement.
(2) In a11 cases the property owner shall be named as a responsible party in an enforcement action.
25.16.060 Types of code enforcement action.
(1) The following options provide a progressive strategy for achieving code compliance and are
designed to protect life, health, safety and the public welfare.
(a) A warning notice issued under to GCC 25.16.080;
(b) A citation issued under GCC 25.16.090;
(c) A notice of violation issued under GCC 25.16.150;
(d) A stop work order issued under GCC 25.16.230; and
(e) An emergency order issued under GCC 25.16.240.
(2) A citation and a notice of violation are intended for different types of violations and shall not be
issued for the same violation.
(3) A violation may be referred to the prosecuting attorney for filing a misdemeanor complaint against
the person(s).
(4) The county may seek legal or equitable relief at any time to enj oin any acts or practices that violate
county code, or abate any condition that constitutes a nuisance.
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1 25.16.070 Right of entry.
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3 (1) Any entry made to private property for the purpose of inspection for code violations pursuant to this
4 chapter shall conform with constitutional and statutory constraints of entry, and the holdings of relevant
5 court cases regarding entry. The AO is authorized to enter upon any property for the purpose of
6 administering this chapter provided that the AO shall make entry only if such entry is consistent with tha
7 constitutions and laws of the United States and the state of Washington. If so required by the
8 constitutions and the laws of the United States or the st�te of Washington, the AO shall apply to a court of
9 competent jurisdiction for a search wan•ant authorizing access to such property for such purpose, The
10 court may upon such application issue the search warrant for the purpose requested.
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12 (2) If the AO has probable cause to believe that conditions on the property create an immediate hazard to
13 person or property, the AO may enter the property immediately for the purpose of investigating tha
14 emergency conditions and initi�ting corrective action.
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25.16.080 Warning notice.
(1) Before initiating an enforcement action, the AO may provide a warning notice to the person(s)
responsible. The person(s) n�med in the warning notice may be given the opportunity to correct the
violation(s), within the time specified in the warning notice.
22 (2) A wai�ning notice shall be written in a form determined by the department and include the following
23 information:
24 (a) The tax parcel number of the property where the violation(s) occurred or is located and, when
25 available, the street address;
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(b) A statement describing the violation(s), with general reference to applicable code section(s);
(c) The date by which the violation(s) must be corrected to avoid initiation of an enforcement action,
(d) A statement of the potential consequences of failure to complete corrective action including the
imposition of fines or monetary penalties, if applicable; and
(e) Code enforcement contact in%rtnation and instructions for the responsible person(s) to respond.
(3) The warning notice m�y include suggested corrective actions to cure, abate or stop the violation(s).
25.16.090 Cital;ion.
(1)Violations of the following provisions of Grant County Code sh�ill be subject to the citation and/or
crimin�l provisions set forth in this chapter:
(a) Unpermitted jluilcyard conditions in any zone pursuant to GCC 23.08.020(j);
(b) Recreational vehicle occupancy pursuant to GCC 23.08.020(i);
(c) Outdoor residential sl;orage pursuant to GCC 23.08.020(d);
(d) Illegal signs pursuant to GCC 23.12.150;
(e) Domestic animal maintenance pursuant to GCC 23.08.020(h);
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(� Fence height and or location pursuant to GCC 23,08.020(�;
(g) Erosion control measures and best man�gement practices;
(h) Obstruction of fire apparatus access roads (GCC 14.04);
(i) Means of egress (GCC 14.04);
(j) Burn permit (GCC 14.04);
(k) Stop work order. pursuant to (GCC 25.16.230 or 14.04); and
(1) Emergency order (GCC 25.16.240).
(2) Issuance of the citation is a final determination and a fine will be assessed in accordance with GCC
25.16.130
(3) Payment of a�ne assessed under the citation shall not relieve the person(s) named in the citation of
any obligation to cure, abate or stop the violation(s).
(4) A citation may be modified or withdrawn by the dapartment at �ny time it was issued in error.
(5) Each day a person violates or fails to comply with a provision of this section may be considered a
separate violation for which a citation may be issued, including the period pending a contested
hearing,
25.16.100 Citation procedure.
(1) Whenever a citation for a violation listed in GCC 25.16.090 is issued, the AO may issue the citation
to the owner(s) of the property and/or other person(s) responsible for the violation.
(2) The citation shall be on a forrxi determined by the department and contain the following:
(a) The name(s) and address(es) of the person(s) responsible for the violation(s).
(b) The tax parcel number of the proparty whera the violation occurred or is located and the street
address, when available;
(c) A separate statexnent of each standard or requirement violated pursuant to GCC 25.16.090.
(d) The date of the violation(s);
(e) The applicable fine imposed in accordance with the schedule in GCC 25.16.130 and the date by
which payment of the fine is due;
( fl A statement that the person(s) named in the citation must respond to the citation within 14 days after
service;
(g) A statemen.t that the citation represents a determination that a violation h�s been committed by the
person(s) named in the citation and that the deternunation shall be final unless contested as provided
in this chapter; and
(h) A certified statement of the code enforcement officer or inspector issuzng the citation, authorized by
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IZCW 9A.72.085, setting forth facts supporting issuance of the citation.
3 (3) The citation may include a statement of suggested corrective action(s).
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5 (4) The citation shall state that payment of the fine does not relieve the person found in violation of the
6 responsibility for curing, abating or stopping the violation.
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8 (5) A citation may be amended at any time in order to correct clerical errors or to cite additional authority
9 for a stated violation.
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11 25.16.110 Response to a citation.
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13 (1) Person(s) shall respond to a citation within 14 calendar days from the date of service by one of the
14 following means:
15 (a) Paying the fine specified in the citation, in which case the record shall show a iinding that the person
16 cited committed the violation. Payment of the fine(s) does not relieve the person named in the
17 citation of the responsibility for curing, abating or stopping the violation.
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19 (b) Requesting a reduction of fines in writing and expl�iining the circumstances surrounding the
20 commission of the violation. Conditions for reduction of iines must be in accordance with GCC
21 25.16.140. A request for reduction of fines shall include an address and contact information for the
22 person cited and making said request.
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24 (c) Requesting a contested hearing in writing specifying the reason why the cited violation did not occur
25 or why the person cited is not responsible for the violation, and providing a mailing address to which
26 notice of such hearing may be sent. The grounds for contesting a citation are set forth in GCC
27 25.16.120.
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29 (2) Responses to a citation shall include the citation number and shall be delivered by mail or by hand to
30 the office of the Grant County Department of Community Development, attention Code
31 Enforcement. If mailed, the date of postmark shall serve as the date received For purposes of this
32 chapter.
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34 (3) If a person fails to respond to a citation within 14 days of service, the AO shall note that the person
35 cited failed to respond to the citation within the designated appeal period and is deemed to have
36 committed the violation identified in the citation. Notation of the failure to respond shall constitute a
37 final decision under GCC 25.16.260.
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39 25e16.120 Contested citation hearing.
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41 (1) When the department receives a written statement contesting a citation, the statement shall be
42 transmitted to the hearing examiner within three business days.
43 (a) The contested citation statement may be dismissed if the hearing examiner determines it is untimely,
44 incomplete, frivolous, or beyond the hearing examiner's jurisdiction. A summary dismissal order
45 shall be issued within 15 days following receipt of the contested citation by the hearing examiner,
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47 (b) The hearing exarniner shall conduct a hearing of the contested citation within 45 days of the date th�t
48 the hearing examiner received the request for the hearing.
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50 (c) The hearing examiner shall notify the person contesting the citation and the department in writing of
51 the time, place and date of the hearing at least 15 days prior to the date of the hearing.
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2 (2) The applicable county department has the burden of proof by a preponderance of the evidence to
3 prove;
4 (a) The person named on the citation is the responsible party for causing the violation or is the property
5 owner; and
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(b) The violation listed on the citation occurred.
(3) The public he�ring sh�ll be an open record he�ring conducted in accordance with the Grant County
Hearing Examiner Rules of Procedure, except as modified by this chapter.
(4) Each person participating in an open record hearing shall be allowed to:
(a) Call, examine and cross examine witnesses (subject to re�sonable limitation by the examiner in
accordance with the examiner's adopted rules of procedure) on any matter relevant to the issues of
the hearing;
(b) Introduce documentary and physical evidence;
(c) Rebut evidence; and
(d) Represent hirn/herself or to be represented by anyone of his choice who zs lawfully pertnitted to do
so.
(5) The citation containing the certified statement or declaration authorized by RCW 9A.72.085 submitted
by the department and any attached documentation shall be prima facie evidence that a violation
occurred and that the person(s) cited are responsible. The citation containing the certified statement
or declaration of the code enforcement officer or inspector authorized under RCW 9A.72.085, and
any other evidence accompanying the file shall be admissible without further evidentiaiy foundation.
Any certifications or declarations authorized under RCW 9A.72.085 shall also be admissible without
further evidentiary foundation.
(6) The hearing examiner shall consider the evidence and testimony presented at the hearing and, based
on this information, shall reverse or aftirm the citation in whole or in part. The decision shall be
issued within 15 days with an optional right of reconsideration. Appeals may be made by filing a
land use petition in superior court within 21 days of issuance of the decision as provided in chapter
36.70C RCW.
(7) The decision of the hearing examiner shall constitute a final decision and order under GCC 25.16260.
25.16.125 Failure to appear for a contested citation hearing<
Failure to appear for a requested hearing will result in a decision being entered finding that the person
cited committed the violation stated in the citation and assessing the iines specified in the citation. For
good cause shown and upon terms the hearing exarniner finds just, the hearing examiner may set aside a
decision entered upon a failure to appear.
25.16.130 Fines for Citations.
(1) First offense one hundred �fty dollars ($150.00)
(2) Second offense threa hundred dollars ($300.00)
2 (3) Third and subsequent offenses five hundred dollars ($500.00)
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4 25.16.140 Mitigation of fines.
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6 (1) 'The AO may reduce fines assessed pursuant to GCC 25.16. 130 if the violation is corrected within
7 the 14-day period set forth in GCC 25.16.110, and the correction is verified by the department. A
8 reduction shall be in writing and state the date on which the violation was corrected.
10 (2) For reduction or waiver of finas, the person(s) named shall have the burden of proof that the
11 violation has been corrected and the date of correction, including verification by the departmente
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13 (3) Any reduction shall be based on an evaluation of individual circumstances, including, but not limited
14 to the severity of the violation, repeat violations as defined in 25.16.280, the public interest being
15 protected, and the responsiveness of the person(s) responsible to correct, cure, abate or stop the
16 violation.
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25.16.150 Notice of violation.
(1) All violations of Grant County Code, except as otherwisa provided in GCC 25.16.090, shall be
subj ect to a notice of violation.
(2) A notice of violation represents a deternunation by the department that a violation has been
committed and monetary penalties shall be assessed pursuant to GCC 25.16.170. If the person served
with a notice of violation fails to respond io it by the compliance date, the director shall note that the
person failed to respond to the notice of violation within the designated appeal period and is deemed
to have committed the violation identified in the notice of violation. Notation of the failure to
respond shall constitute a final decision under GCC 25.16.260.
(3) The notice of violation may list corrective actions suggested to remedy the violation.
(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 obligation to correct, cure, abate or stop the violation(s).
(5) The notice of violltion is a final determination and the person(s) named in the notice of violation
shall coz-rect the violation by the date stated in the notice of violation, unless the notice of violation. is
appealed.
(6) A notice of violation may be withdrawn by the department at any time if it is determined that it was
issued in error.
(7) A notice of violation may be amended at any time in order to correct clerical errors or to cite
additional authority for a stated violation.
(8) When an administrative or judicial appeal is pending, additional notices of violation may be issued at
the same location.
48 (9) The AO may extend the time for compliance issued in a notice of violation upon finding that
49 substantial progress toward compliance has been made. An extension of time may be revolced by the
50 director upon a finding that the conditions at the time the extension was granted have changed, or the
51 person(s) responsible are not performing corrective actions required in the notice of violation. If the
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extension of the compliance date zs revoked, a new compliance date shall be set, which may be the
date of revocation.
25.16.160 Notice of violation - effective date and content.
(1) A notice of violation shall be effective on the date served.
(2) A notice of violation shall be made on �i form determined by the department and shall contain the
following:
(a) The name and address of the person(s) responsible for the violation (including property owner);
(b) The tax parcel nurnber of the property where the violation occurred or is located and, when available,
the street address;
(c) A statement of each standard or requirement violated, with a concise description of the violation(s);
(d) The date the violation was observed and the compliance date;
(e) The amount of any monetary penalty assessed or that will accrue pursuant to GCC 25.16.170;
( fl A statement of the appeal process pursuant to GCC 25.16.190;
(g) A statement that failure to file a timely and complete appeal shall constitute a waiver of all rights to
appeal the notice of violation;
(h) A statement that a lien for any monetary penalty imposed or the cost of abatement, or both, may be
claimed by Grant County; and
(i) The signature of the code enforcement officer or inspector issuing the notice of violation.
25.16.170 Monetary penalties for notice of violation.
(1) The following monetary penalties shall be assessed for each violation identified in the "Notice of
Violation":
(a) Non Commercial Violations;
a) Day 1 to day 20 $100.00 per each day
b) Day 21 to day 40 $300.00 per each day
c) Day 41 to compliance date $500.00 per e�ch day.
(b) Commercial* violations;
a) Day 1 to day 20 $300.00 per each day
b) Day 21 to day 40 $600.00 per each day
c) Day 41 to compliance $1000.00 per each day.
* See GCC 25.02.030 definition.
(2) Monetary penalties for both non-commercial and commercial notice of violations sh�ll be assessed
and accrue from the compliance date in the notice of violation or its written extension.
(3) Monetary penaltiies for repeat violations shall be assessed and �iccrue from the date of issuance of the
notice of violation.
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2 (4) If a notice of violation is stayed pending an appeal, the monetary penalties will accrue as of the d.ate
3 of the decision of the hearing examiner (adjusted for the time stayed pending the appeal), or the
4 compliance date of compli�nce if the date of compliance hasn't plssed prior to th.e decision of the
5 hearing examiner.
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(5) The total monetary penalties for non-commercial violations shall not exceed $10,000 per violation,
except as provided for in GCC 25.16.170(7).
(6) The total monetary pen�lties for commercial violations shall not exceed $25,000 per each violation,
except as provided for in GCC 25.16.170(7)(a) and (b).
13 (7) The following violations shall be subj ect to enhanced monetary penalties:
14 (a) Violations that occur in a critical area or a critical area bufFer as defined in chapters GCC 24.08 shall
15 be subject to triple monetary penalties ($30,000 Non-commercial and $75,00.00 Commercial
16 accrued at the highest rate until compliance is met or the total accrued); ancl
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(b) Repeat violations or violators �n accordance with GCC 25.16.280 shall be subject to double monetary
penalties same as above.
25.16.180 Reduction of monetary penalties.
(l.) The AO may reduce monetary penalties assessed in GCC 25.16.170 if the violation is corrected and
the correction is verified by the department.
27 (2) For reduction of monetary penalties, the person(s) named in the notice of violation shall have the
28 burden of proof that the violation has been corrected and the date of correction, including
29 verification by the department.
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(3) Monetary penalties shall not be reduced in the case of a repeat violator or repeat violation as deiined
in GCC 25.16.280.
(4) Maximum allowed reduction of the penalty sh�ill not exceed 25% of the total amount of the penalty.
36 (5) The director may base the decision to reduce � monetary penalty on an evaluation of individual
37 circumstances, inclLtding, but not limited to, the severity of the violation, the publ.ic interest being
38 protected, and the cooperation of the person responsible for the violation.
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(6) Nothing in this section shall obligate the director to reduce any monetary penalties.
25.16.190 Appeal of a notace of violation.
(1) Upon service of a notice of violation, the person(s) named in the notice of violation shall have 14
calendar days to file an appeal, except when appealing a violation of the county shoreline
management program.
48 (2) An appeal of a notice of violation must be in writing and contain the following:
49 (a) A detailed statement of the grounds for appeal, including the facts or evidence upon which the
50 appeal is based. The statement shall include at least one of the following:
51 (i) The person named in the notice of violation, is not responsible for causing the violation and is mot
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the property owner; or
(ii) The cited. violation did not occur.
(b) The name, mailing address, and daytime telephone number of each appellant, or each appellant's
representative, together with the signature of at least one of the appellants or of the appellants'
representative,
(c) A complete copy of the notice of violation.
10 (3) The appeal su.bmittal and fee shall be delivered by U.S. mail or by hand to the office of the Grant
11 County Department of Community Development, attention Code Enforcement. If mailed, the date
12 of postmark shall serve as the date received for purposes of this chapter.
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14 (4) Enforcement of a notice of violation and any penalty accruing shall be stayed pending an. appeal as
15 provided in GCC 25.16.240, unless the violation will cause immediate and irreparable harm as
16 determined by the director.
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25.16.200 Notice of violation appeal hearing procedures.
(1) When the department receives an appeal of a notice of violation pursuant to GCC 25.16.190, the
department shall transmit the request and a copy of the iile to the hearing examiner within three
business days.
(2) The hearing examiner shall review the appeal document and may summarily dismiss the appeal if the
filing is untimely, incomplete, frivolous, or beyond the hearing examiner's jurisdiction. In such
event, a summary disrnissal order shall be issued by the hearing examiner within 15 days following
receipt of the appeal.
29 (3) If the appeal is not summarily dismissed the hearing examiner shall hold an open record hearing on
30 the notice of violation within 60 days after the date on which the hearing examiner received the notice
31 of appeal. All testimony at the open record hearing shall be talcen under oath.
32 (a) The hearing examiner shall notify the parties in writing of the time, place and date of the hearing at
33 least 30 da�s prior to the date of the hearing, unless the parties stipulate to a shorter time period.
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35 (b) Failure of the appellant to appear at the requested hearing may result in an order being entered
36 finding that the persons(s) named in the notice of violation committed the violation as stated and
37 assessing monetary penalties in accordance with GCC 25.16.170. For good cause shown, and upon
38 te�ms the hearing examiner iinds just, the hearing examiner may set aside an order entered upon a
39 failure to appear.
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(4) In order to facilitate and expedite fair and equitable hearings, the hearing examiner may adopt rules of
procedure that supplement the requirements set forth in this chapter 25.16; provided that in the event
of any conflict between the requirements of the chapter and any rules of procedure adopted by the
hearing examiner, the requirements of this chapter shall control.
(5) Each person participating in an open record hearing shall be allowed to:
(a) Call, examine and cross-examine witnesses (subject to reasonable limitation by the examiner in
accordance with the examiner's adopted rules of procedure) on any matter relevant to the issues of
the hearing;
(b) Introduce documentary and physical evidence;
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(c) Rebut evidence; and
(d) Represent him/herself or to be represented by anyone of his choice who is lawfully permitted to do
so,
(6) The county has the burden of proof by a preponderance of the evidence that the appellant(s)
comrmitted the violation.
(7) Each party participating in an open record hearing for �ppeal of a notice of violation shall submit a
copy of its written materials to the hearing examiner and to each of the other parties appearing in the
appeal pursuant to the following schedule:
(a) No later than three weeks prior to the date of the scheduled open record hearing, the appellant(s)
shall submit:
(i) an original or copy of each substantive document the party desires to enter as an e�ibit zn the
appeal record, including but not limited to, any and all scientific or technical documents,
reports, studies, analyses, photographs, maps, diagrams, or other similar materials;
(ii)a list of all exhibits submitted; and
(iii) a list of witnesses.
(b)
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(iii)
No later than one week prior to the clate of the scheduled open record hearing, the respondent(s)
shall submit:
An original or copy of each substantive document the party desires to enter as an exhibit in the
appeal record, including, but not limited to, any and all scientific or technical documents,
reports, studies, analyses, photographs, maps, diagr�ims, or other similar materials;
A list of all exhibits submitted; and
A list of witnesses.
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29 (c) Parties have a duty to supplement at the earliest possible opportunity their submittals made under
30 GCC 25.16.200(7) whenever a party discovers that all or any part of the material submitted was
31 incorrect or inaccurate when submitted, or that all or any part of the material submitted is no
32 longer correct or accurate even though it was correct and accurate at the time of submitt�il.
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34 (d) Written materials not disclosed through the e�ibit pre-filing process may not be entered as
35 evidence or presented orally at the open record hearing except by agreement of the other
36 part(y/ies) to the appeal or at the hearing axaminer's discretion for good cause shown.
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38 (8) Optional prehearing briefing process:
39 (a) A prehearing briefing process may be conducted:
40 (i) By agreement of the parties to the appeal;
41 (ii) At the hearing examiner's discretion upon request of one or more of the parties to the �ppeal; or
42 (iii) Upon the hearing examiner's own initiative.
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44 (b) The purpose of a prehearing briefing is to facilitate a full and fair hearing on the merits in cases
45 that may involve complex or confusing factual issues or leg�l arguments. Accordingly, in
46 deternuning whether to require a prehearing briefing, the hearing examiner shall consider the
47 number and complexity of issues, and any other relevant facts and circumstances.
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49 (c) If a prehearing briefing process is employed in an appeal, such process shall include submittal of
50 an initial brief by the appellant(s), and an optional reply brief by the appellant(s). Response briefs
51 may be filed by all other parties to the appeal.
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2 (d) Prehearing briefs shall be submitted pursuant to the following schedule, unless a different schedule
3 is established by the hearing examiner and agreed to by the parties:
4 (i) The initial brief(s) will be due three weelcs before the hearing;
5 (ii) The response brief(s) will be due one week before the hearing; and
6 (iii) The reply brief(s) will be due not less than two business days before the hearing.
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The hearing examiner shall consider the evidence and testimony presented at the hearing and, based
on this information, shall issue a written decision reversing or affirming the notice of violation, in
whole or in part, and addressing the amount of monetary penalties, if any, to be imposed on the
appellant(s). The final decision shall be issued within 15 days of the conclusion of the open record
hearing with an optional right of reconsideration pursuant to GCC 25.16.210. An appeal of a
decision may be made by filing a land use petition in superior court as provided in chapter 36.70C
RCW.
(10) The decision of the hearing examiner shall constitute a final decision and order in accordance with
GCC 25.16.260.
19 25.16.210 Notice of violation optional reconsideration procedures.
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(1) Any party to the appeal of a notice of violation may submit a written petition for reconsideration to
the hearing examiner within 10 calendar days following the date of the hearing examiner's written
decision. The party seeking reconsideration shall mail or otherwise provide a copy of the petition for
reconsideration to all parties to the appeal on the date of filing. Enforcement of a hearing examiner
decision and order and any penalty accruing there-under shall be stayed during the pendency of a
petition for reconsideration.
(2) The grounds for seeking reconsideration shall be limited to the followzng:
(a) The hearing examiner exceeded the hearing examiner's jurisdiction;
(b) The hearing examiner failed to follow the applicable procedure in reaching the hearing
examiner's decision;
(c) The hearing examiner committed an error of law;
(d) The hearing examiner's findings, conclusions, and/or other elements of the decision, are not
supported by the record; and/or
(e) New evidence which could not reasonably have been discovered prior to_the hearing and which
is material to the decision has been discovered.
(3) The petition for reconsideration shall:
(a) Contain the narne, mailing address, and daytime telephone number of the party seelcing
reconsideration or their representative, together with the signature of the party seeking
reconsideration or their representative;
(b) Identify the specific iindings, conclusions, and/or other elements of the decision for which
reconsideration is requested;
(c) State the specific grounds upon which relief is requested; �nd
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1 (d) Desci7be the specific relief requested.
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3 (4) The petition for reconsideration shall be decided by the same hearing examiner who rendered the
4 decision, if such person is reasonably available.
6 (5) The hearing exarruner shall provide written notice of the request for reconsideration to all parties to
7 the appeal within five days after receiving s�id petition.
9 (6) Within 15 days after the date on which the hearing examiner received the request for reconsideration,
10 the hearing examiner shall issue a written decision (i) denying the petition for reconsideration, (ii)
11 granting the petition for reconsideration in whole or in part, or (iii) requesting additional
12 information, comments and/or or oral argument from the parties prior to rendering a decision on the
13 petition for reconsideration.
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(7) A decision which has been subjected to the reconsideration process sha11 not again be subject to
reconsideration,
25.16.220 Extension of compliance date.
After the hearing examiner has issued a�nal order specifying a compliance deadline, an appellant may
request a revision of the hearing examiner's decision to request additional time beyond the hearing
examiner's specified deadline to correct a violation if the following are met:
(1) The request must be received at least 15 days prior to the compliance date.
(2) The request for extending the time for correction of the violation shall include
(a) Evidence of substantial progress toward compliance; and
29 (b) Evidence that correction of the violation was commenced promptly, but full compliance was
30 prevented by a condition or circumstance beyond the control of the appellant. The AO will review the
31 request for additional time and forward it, along with any comments, to the hearing examiner for
32 issuance of a hearing examiner decision granting or denying the request for extension of the deadline
33 to correct the violation.
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25.16.230 Stop worl� order.
(1) Whenever a director finds any work being performed in a manner in v�olation of the provisions of the
code or in a dangerous or unsafe manner, the AO may issue a stop work order.
(2) A stop worl� order shall be on a form determined by the AO and state the reason(s) for the order and
the conditions under which tha cited work will be permitted to resume.
(3) A stop work order shall be delivered to the owner of the property involved, or to the owner's agent,
or to the person doing the work and/or clearly posted on the property in a conspicuous location.
(4) Upon issuance of a stop work arder, the cited work shall iinmediately cease.
(5) It shall be unlawful for any person to continue any work after being served with a stop work order.
Violation of a stop work order shall be subject to the fines set forth in GCC 25.16.130.
(6) Violation of a stop worlc order m1y be subj ect to criminal prosecution or any other remedies at law.
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3 25.16.240 Emergency order.
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5 (1) Whenever an AO becomes aware of a condition or activity that endangers public or private property,
6 creates an immediate hazard, creates a violation of critical areas provisions or surface water
7 protection, or threatens the health and safety of the occupants of any premises or members of the
8 public, the director may issue an emergency order including a notice to vacate pursuant to
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(2) The emergency order shall state the reason foz° the order and the conditions that must be remedied.
(3) Upon issuance of an emergency order, the cited activity shall cease and any unsafe or dangerous
condition shall be immediately remedied.
(4) The person(s) named in the emergency order may appeal the order within 14 calendar days from the
date of issuance of the order in accordance with GCC 25.16.190. An appeal of an emergency order
shall not stay the requirement to immediately take action to remedy any dangerous or unsafe
cond�tions.
(5) Violation of an emergency order may be subject to criminal prosecution.
25 25.16.250 Method of service.
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27 (1) A warning notice, citation, or a notice of violation shall be served upon the responsible person(s) by
28 one or both of the following methods:
29 (a) Personal service on the person(s) named, or by leaving a copy of the warning notice, citation, or
30 notice of violation at that person's usual abode with a person of suitable age and discretion who resides
31 there.
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(b) Service by mailing 2 copies, postage prepaid, one by ordinary first class mail and the other by
certified mail to the person(s) last lcnown address, at the address of the violation, or at the address ot'the
place of business of the person(s) responsible.
(c) Service by mail shall be presumed effective upon the third business day following the day upon
which the warning notice, citation, or notice of violation was placed in the mail.
40 (2) In all cases, the property owner may be named as a party to the violation, and notice shall be mailed
41 to the address shown on the tax records of the county. Notice may also be sent to any lien holders or
42 persons having interest in title to the property. �
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44 (3) If the whereabouts of the person(s) named is Lulknown, service shall be made by posting and/or
45 publishing the notice in accord�nce with the following:
46 (a) Posted notices shall be conspicuously placed on the property where the violation. is occurring; and/or
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(b) Whan publication is utilized, the department shall publish one notice in the official county
newspaper.
(4) A stop work order shall be served by posting in a conspicuous place on the property where the
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violation is occurring and by personal service or certified mail return receipt requested. The stop
work order shall be effective on the date that it is posted.
4 (S) An emergency order shall be seived by posting in a conspicuous place on the property where the
5 violation is occurring and by personal service or certified mail return receipt requested. The
6 emergency order shall be effective on the date that it is posted.
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8 (6) Adequacy of mailed notice:
9 (a) Any mailed notice required by this chapter shall be deemed adequate where a good-faith effort has
10 been made by the department to identify and mail a notice to each property owner or taxpayer, of
11 record, lien holder or person(s) having interest in title and known site address. The taxpayer's
12 address as show on the tax records of the county shall be deemed to be the proper address for the
13 purpose of mailing such notice to the owner of the property where the violation occurred.
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15 (b) Notices mailed to property owners, taxpayers of record lien holder or person(s) having interest in
16 title and known site addresses shall be deemed received by those persons if named in an affidavit or
17 declar�tion of mailing executed by the department.
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(c) The failure of any person to actually receive the warning notice, citation, or notice shall not
invalidate any code enforcement �ction.
25.16.260 Final arder for enforcement.
(1) A iinal order constitutes a final determination that a violation has occurred, the person(s) cited is
responsible for the violation, and administrative options to contest the decision are exhausted.
(2) If after any order duly issued by tha AO or hearing examiner becomes final, and the person, firm, or
corporation to whom the order is directed does not obey the order, including refusal to pay fines or
monetary penalties assessed under such order, the county may:
(a) Cause such person, �rm, or corporation to be prosecuted under the provisions of this chapter;
(b) Institute appropriata action to collect fines or monetary penalties assessed in accordance with
provisions of this chapter;
(c) Abate the violation in accordance with provisions of this chapter and state law;
(d) File a certiiicate of noncompliance in the Gran County Auditor's office in accordance with
provisions of this chapter; or
(e) Pursue other reasonable remedies as allowed by law.
25.16.270 Collection of �nes and monetary penalties.
(1) The county may, at its option, assign the collection of fines or monetary penalties to a collection
agency or commence a civil action in any court of competent jurisdiction to collect costs and
expenses of enforcement, costs of abatement incurred by the county to obtain compliance pursuant
to this chapter and/or to collect any fines or penalties that have been assessed.
(2) The county, pursuant to ch�pter 19.16 RCW and at its option, may use a collection �gency for the
purpose of collecting penalties assessed in accordance with this chapter. The county shall add a
reasonable fee to the outstanding debt for the collection agency fee incurred or to be incurred as a
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result of the use oF the collection agency. No debt may be assigned to a collection agency until at
least 30 days have elapsed from the time that the county attempts to notify the person responsible for
the debt and that the debt may be assigned to a collection agency for collection of an unpaid debt.
(3) The county may convert the hearing examiner order or final order into a judgment.
25.16.280 Repeat violations.
Repeat violations or a repeat vzolator are deiined as follows:
(1) The same or similar violation, as determined by the AO, occurring on the same property within a 24
consecutive month time period.
(2) The same person(s) committing the same violation or similar violation, as determined by the director,
on a different property in Grant County within a 24 consecutive month time period.
25.16.290 Certificlte of noncomplianceo
(1) The certificate of noncompliance is a notice recorded on the title of real property. The purpose of
the certificate is to give notice to interested parties of outstanding code violations.
(2) The AO may record a certificate of noncompliance when:
(a) A notice of violation has become a final order under GCC 25.16.260.
(b) The notice recorded on the title of real property includes a statement of how the certificate of
noncompliance can be removed from the title of the property when the violation(s) have been
corrected.
25.16.300 Suspension of permits.
(1) The AO may temporarily suspend any permit for:
(a) Failure to comply with the requirements of this title or other applicable provision of the eounty code
related to the permit; or
(b) Failure to coinply with any notice of violation issued pursuant to this chapter.
(2) The permit suspension shall be subj ect to the notice of violation provisions of this chapter, and the
suspension shall be effecti.ve upon service of the notice of violation. The person(s) named on the
notice of violation may appeal the suspension as provided by this chapter.
(3) Notwithstanding any other provision of this chapter, whenever the director finds that a violation of
this title or any other applicable provision of the county code has created or is creating a dangerous
condition or other condition which constitutes an immediate hazard, the AO may, without service oF
a written notice and order, suspend and terminate activities under the permit immediately.
25.16.310 Revocation of permits.
(1) The applicable AO may permanently revoke any permit issued pursuant to Grant County Code in
which the AO is the decision maker for:
(a) Failure to comply with the requirements of this title or any other applicable provision of the county
code related to the permit;
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(b) Failura to comply with any notzce of violation issued pursuant to this chapter; or
(c) Discovery that a permit was issued in ei�ror or on the basis of incorrect information supplied to the
county.
(2) The permit revocation shall be carried out through the notice of violation provisions of this chapter
and the revocation shall be effective upon service of the notice of violation. The person(s)
responsible may appeal such revocation as provided by this chapter.
25.16.320 Abatement.
(1) In addition to any other jud�cial or administrative remedy provided by this chapter or by law, the
county may seak to abate any condition that constitutes a public nuisance as defined in GCC
25.16.040.
(2) Each successive owner of property who neglects to abate a continuing nuisance caused by a former
owner upon or in the use of that property is liable for abatement procedures in the same manner as the
owner at the time the nuisance was created.
(3) The county shall carry out abatement procedures in accordance with chapter 7.48 RCW.
(4) The cost of abatement, including administrative costs incurred as a result of the abatement, may be
levied as a special assessment on the land or premises on which the nuisance is situated. This
assessment shall constitute a lien against the property which shall be of equal rank with state, county,
and municipal taxes, pursuant to RCW 36.32.120(10).
25.16.330 Liens - generally.
(1) The county shall have a lien for any civil penalty xmposed or for the cost of any abatement work
done pursuant to this chapter, or both, against the real property on which the civil penalty was
imposed or any of the abatement work was performed.
(2) The civil penalty and the cost of abatement are also joint and several personal obligations of all
persons in violation. The applicable AO or the prosecuting attorney on behalf of Grant County may
collect the civil penalty and the abatement work costs by use of all appropriate civillegal remedies.
(3) Any lien imposed by the county under this chapter shall be subordinate to all existing special
assessment liens previously imposed upon the same property and shall be paramount to all other
liens, except for state and county taxes, with which it shall be on parity.
25.16.340 Liens - �ling and recording.
(1) The applicable AO shall cause a claim for lien to be filed for record in the auditor's office within 90
days from the date the civil. penalty is due or within 90 days from the date of completion of the
abatement work performec� pursuant to this chapter.
(2) The claim of lien shall contain the following:
(a) The authority for imposing a eivil penalty or proceeding to abate the violltion, or both;
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2 (b) A brief description of the civil penalty im.posed or the abatement work done, or both, including the
3 violations charged and the duration. thereo£ If abatement work was done, the dates the worlc was
4 commenced and completed and the name o£the persons or organizations who performed the work,
5 shall be included;
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(c) A legal description of the property to be charged with the lien;
(d) The name of the known or reputed owner, and, if not known, the fact shall be alleged; and.
(e) The amount, including lawful and reasonable costs, for which the lien is claimed.
(3) The applicable AO shall sign and verify the claim.
(4) The claim of lien may be amended in case of action brought to foreclose the lien, by order of the
court, as long as the interests of third parties are not detrimentally affected by amendment.
(5) The auditor shall record and index the cla�ms described in this chapter.
(6) No lien created by this chapter binds the property subject to the lien for a period longer than three
years after the claim has been filed unless an action is commenced in the proper court within that
time to enforce the lien.
24 25.16.350 Liens - foreclosure.
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(1) The lien provided by this chapter may be foreclosed and enforced by a civil action in a court having
jurisdiction.
(2) All persons who have legally filed clauns of liens against the same property prior to commencement
of the action shall be joined as parties, either plaintiff or defendant.
(3) Dismissal of an action to foreclose a lien at the instance of a plaintiff shall not prejudice another
party to the suit who claims a lien.
25.16.360 Duty not creating liability.
No provision or term used in this chapter is intended to impose any duty upon the county or any of its
officers or employees which would subj ect them to damages in a civil action.
25.16.370 Misdemeanor.
42 (1) As an alternative, or in addition to any other legal, equitable or administrative remedy provided in
43 this chapter or by law or other regulation, any person who willfully or knowingly violates any
44 provision of the land use codes of Grant County or aids or abets such violation shall be guilty of a
45 misdemeanor. Upon conviction, such person(s) shall be punished in the manner provided for in
46 RCW 9A.20.021, as it now exists oz• is hereafter amended, for violations of state law.
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48 (2) In addition to incurring civil liability in accordance with the provisions of this chapter, any person
49 found to be in violation of the county shoreline master program is also guilty of a misdemeanor
50 subject to penalties pursuant to RCW 90.58.220.
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