HomeMy WebLinkAboutOrdinance 19-027-CCBOARD OF COUNTY COMMISSIONERS
Grant County, Washington
ORDINANCE REPEALING AND
REPLACING CHAPTER 1.32 OF THE
GRANT COUNTY CODE TITLED
"ENFORCEMENT AND PENALTIES"
RECITALS:
ORDINANCE No. 19 -
Dan
-CC
WHEREAS, in 2000, the Board of County Commissioners adopted the integration of
Titles 22, 23, 24 and 25 of the Grant County Code (GCC) into a single document cited as the Grant
County Unified Development Code (UDC) to implement the goals and policies of the Grant
County Comprehensive Plan, as mandated by the Washington State Growth Management Act,
Shoreline Management Act, Subdivisions Code, and other applicable State and Local laws, last
amended in 2018, and,
WHEREAS, the Board of County Commissioners has reviewed the enforcement and
penalty provisions of Title 25.16 with the Sheriff and Director of Development Services; and
WHEREAS, the primary enforcement of Code Compliance infractions, violations and
penalty actions will be better served by Commissioned Officers of the Grant County Sheriff's
Office to increase efficiency instead of civilians of the Development Services Department; and
WHEREAS, the Sheriff has obtained the authority for additional personnel in order to
provide Code Enforcement duties; and
WHEREAS, the Board of County Commissioners has found and determined that the
responsibilities for Code Enforcement delineated in Chapter 1.32 should be repealed from the
Grant County Code; and
WHEREAS, a new chapter delineating and modifying the duties, responsibilities and
procedures of the Grant County Sheriff s Office regarding Code Enforcement should be created,
NOW, THEREFORE, BE IT HEREBY ORDAINED by the Board of County
Commissioners of Grant County, State of Washington, that the current provisions of Chapter 1.32
GCC (UDC) be repealed in their entirety and replaced with the following:
Chapter 1.32 Page 1 of 15
CHAPTER 1.32
CODE ENFORCEMENT AND PENALTIES
Sections:
1.32.010
Purpose
1.32.020
Applicability
1.32.030
Remedies Not Exclusive
1.32.040
Public Nuisance 4
1.32.050
Initiation of Enforcement Action
1.32.060
Types of Code Enforcement Action
1.32.070
Right of Entry
1.32.080
Warning Notice
1.32.090
Citation 6
1.32.100
Citation Procedure
1.32.110
Response to Citation
1.32.120
Contested Citation Hearing
1.32.130
Failure to Appear for a Contested Citation Hearing
1.32.140
Fines for Citations
1.32.150
Mitigation of Fines
1.32.160
Extension of Compliance Date
1.32.170
Stop Work Order
1.32.190
Emergency Order.
1.32.190
Method of Services
1.32.200
Final Order for Enforcement
1.32.210
Collection of Fines and Monetary Penalties
1.32.220
Repeat Violations
1.32.230
Certificate of Noncompliance
1.32.240
Suspension of Permits
1.32.250
Revocation of Permits
1.32.260
Abatement
1.32.270
Liens — Generally
1.32.280
Liens — Filing and Recording
Chapter 1.32 Page 2 of 15
1.32.290
Liens — Foreclosure
1.32.300
Duty Not Creating Liability
1.32.310
Misdemeanor
1.32.320
Severability
1.32.330
Effective Date
1.32.010 -
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 welfare, and the environment. To achieve this purpose, this chapter
provides that the Grant County Sheriffs Office shall enforce the provisions of this chapter, and
further provides procedures for:
(1) Efficient notice and opportunities to correct violations;
(2) Progressive monetary penalties proportionate to the violations;
(3) Contesting a citation;
(4) Collecting civil penalties;
(5) Remediation of violations; and
1.32.020 - Applicability.
This title shall apply to the enforcement of Grant County ordinances and codes, including
those related to building, zoning, environmental health and safety, and quality of life. 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.
Violations of the applicable code shall be corrected under the provisions of this title, in
coordination with existing ordinance and code provisions.
Enforcement. Only an authorized official may enforce the provisions of this title. For
purposed of this title, an authorized official is defined as any one of the following:
Chapter 1.32 Page 3 of 15
(1) The Grant County Sheriff and his or her authorized representatives (primary);
(2) The Grant County Director of Public Works and his or her authorized representatives;
(3) The Grant County Director of Development Services and his or her authorized
representatives;
(4) The Grant County Prosecuting Attorney may, in addition to any enforcement provisions
hereunder, have authority to institute any legal proceedings necessary to enforce this
title; and
(5) The Grant County Board of Commissioners may designate other persons to administer
the provisions of this title.
1.32.030 - Remedies not exclusive.
The remedies set forth in this chapter are not exclusive, and do not limit or restrict the
authority of the County from remedying or abating violations in any manner authorized by law.
1.32.040 - Public nuisance.
(a) 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 all other codes under the administrative authority of the Grant
County Sheriffs Office, Department of Development Services (DDS), and the Department
of Public Works, are determined to be detrimental to the public health, safety and welfare
and are public nuisances.
(b) Whenever the Grant County Sheriff determines 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 sheriff may declare such condition a public
nuisance.
1.32.050 - Initiation of enforcement action.
(a) Whenever the Grant County Sheriff (or other authorized official) has reason to believe a
violation has occurred, the sheriff may dispatch a deputy to initiate any of the following
enforcement actions against the person(s) responsible for the violation:
(1) Issuance of a citation;
(2) Issuance of a stop work order;
(3) Issuance of an emergency order; and/or,
(4) Referral of the matter to the Prosecuting Attorney for enforcement.
1.32.060 - Types of code enforcement action.
(a) The following options provide a progressive strategy for achieving code compliance and are
designed to protect life, health, safety and the public welfare.
(1) A warning notice issued under GCC 1.32.080;
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(2) A citation issued under GCC 1.32.090;
(3) A stop work order issued under GCC 1.32.230; and
(4) An emergency order issued under GCC 1.32.240.
(b) A violation may be referred to the Prosecuting Attorney for filing a misdemeanor complaint
against the person(s).
(c) The county may seek legal or equitable relief at any time to enjoin any acts or practices that
violate county code, or abate any condition that constitutes a nuisance.
1.32.070 - Right of entry.
(a) Any entry made to private property for the purpose of inspection for code violations
pursuant to this chapter shall conform to constitutional and statutory constraints of entry,
and the holdings of relevant court cases regarding entry. The deputy or other authorized
official is authorized to enter upon any property for the purpose of administering this chapter
provided that the deputy or other authorized official shall make entry only if such entry is
consistent with the constitutions and laws of the United States and the state of Washington.
If so required by the constitutions and the laws of the United States or the state of
Washington, the deputy or other authorized official shall apply to a court of competent
jurisdiction for a search warrant authorizing access to such property for such purpose. The
court may upon such application issue the search warrant for the purpose requested.
(b) If the deputy or other authorized official has probable cause to believe conditions on the
property create an immediate hazard to person or property, the deputy may enter the
property immediately for the purpose of investigating the emergency conditions and
initiating corrective action.
1.32.080 - Warning notice.
(a) Before initiating an enforcement action, the deputy or other authorized official may provide
a warning notice to the owner(s) of the property and/or other person(s) responsible for the
violation. The person(s) named in the warning notice may be given the opportunity to
correct the violation(s), within the time specified in the warning notice.
(b) A warning notice shall be written in a form determined by the sheriff and include the
following information:
(1) The tax parcel number of the property where the violation(s) occurred or is located and,
when available, the street address;
(2) A statement describing the violation(s), with general reference to applicable code
section(s);
(3) The date by which the violation(s) must be corrected to avoid initiation of an
enforcement action;
(4) A statement of the potential consequences of failure to complete corrective action
including the imposition of fines or monetary penalties, if applicable; and
(5) Code enforcement contact information and instructions for the responsible person(s) to
respond.
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(c) The warning notice may include suggested corrective actions to cure, abate or stop the
violation(s).
(d) A decision to not provide a warning notice shall not preclude moving directly to the issuance
of a citation.
1.32.090 - Citation.
(a) Violations of the applicable chapters listed in GCC 1.32.040(l) shall be subject to a citation
and/or criminal provisions set forth in this chapter.
(b) Issuance of the citation is a final determination and a fine will be assessed in accordance
with GCC 1.32.130.
(c) Payment of a fine 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).
(d) A citation may be modified or withdrawn by the department at any time it was issued in
error.
(e) 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.
1.32.100 - Citation procedure.
(a) Whenever a citation for a violation listed in GCC 1.32.090 is issued, the deputy (or other
authorized official) may issue the citation to the owner(s) of the property and/or other
person(s) responsible for the violation.
(b) Issuance of the citation is a final determination and a fine will be assessed in accordance
with GCC 1.32.130.
(c) Payment of a fine 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).
(d) The citation may be modified or withdrawn by the department at any time it was issued in
error.
(e) 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.
1.32.110 - Response to a citation.
(a) Person(s) shall respond to a citation within fifteen calendar days from the date of service or
issuance of citation by one of the following means:
(1) Paying the fine specified in the citation, in which case the record shall show a finding
that the person cited committed the violation. Payment of the fine(s) does not relieve the
person named in the citation of the responsibility for curing, abating or stopping the
violation.
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(2) Requesting in writing a mitigation hearing for reduction of fines, explaining the
circumstances surrounding the commission of the violation. Conditions for reduction of
fines must be in accordance with GCC 1.32.150. A request for reduction of fines shall
include an address and contact information for the person cited and making said request.
(3) Requesting in writing a contested hearing, specifying the reason why the cited violation
did not occur or why the person cited is not responsible for the violation, and providing
a mailing address to which notice of such hearing may be sent. The grounds for
contesting a citation are set forth in GCC 1.32.120.
(b) Responses to a citation shall include the citation number and shall be delivered by mail or by
hand to Grant County District Court, attention Code Enforcement. If mailed, the date of
postmark shall serve as the date received for purposes of this chapter.
(c) If a person fails to respond to a citation within fifteen days of service, the deputy or other
authorized official shall note that the person cited failed to respond to the citation within the
designated appeal period and is deemed to have committed the violation identified in the
citation. Notation of the failure to respond shall constitute a final decision of committed.
1.32.120 - Contested citation hearing.
(a) When the District Court receives a contested citation:
(1) The contested citation may be dismissed if the District Court determines it is untimely,
or beyond the District Court's jurisdiction. A summary dismissal order shall be issued
within fifteen days following receipt of the contested citation by the District Court.
(2) The District Court shall conduct a hearing of the contested citation within forty-five
days of the date that the District Court received the request for the hearing.
(3) The District Court shall notify the person contesting the citation and the Department, in
writing, of the time, place, and date of the hearing at least fifteen days prior to the date
of the hearing.
(b) The applicable citing official has the burden of proving by a preponderance of the evidence:
(1) That the person named on the citation is the owner(s) of the property and/or other
person(s) responsible for the violation; and - -
(2) That the violation listed on the citation occurred.
(c) The public hearing shall be an open record hearing conducted in accordance with IRLJ 2.2
except as modified by this chapter.
(d) Each person participating in an open record hearing shall be allowed to:
(1) 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;
(2) Introduce documentary and physical evidence;
(3) Rebut evidence; and
(4) Represent him/herself or to be represented by anyone of his choice who is lawfully
permitted to do so.
Chapter 1.32 Page 7 of 15
(e) The citation containing the certified statement or declaration authorized by RCW 9A.72.085
submitted by the deputy or other authorized citing official 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 deputy or
city official authorized under RCW 9A.72.085, and any other evidence accompanying the
file shall be admissible without further evidentiary foundation. Any certifications or
declarations authorized under RCW 9A.72.085 shall also be admissible without further
evidentiary foundation.
(f) The District Court shall consider the evidence and testimony presented at the hearing and,
based on this information, shall reverse or affirm the citation in whole or in part. The
decision shall be issued within fifteen days with an optional right of reconsideration.
(g) The decision of the District Court shall constitute a final decision and order under GCC
1.32.200.
1.32.130 - 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 fines specified in the
citation. For good cause shown and upon terms the District Court finds just, the District Court
may set aside a decision entered upon a failure to appear.
1.32.140 - Fines for citations.
All non-commercial and commercial violations shall be assessed at five hundred dollars
($500.00) for each occurrence.
1.32.150 - Mitigation of fines.
(a) For reduction or waiver of fines, the person(s) named shall have the burden of proof that the
violation has been corrected and the date of correction, including verification by the
department.
(b) Any reduction shall be based on an evaluation of individual circumstances, including, but not
limited to the severity of the violation, repeat violations as defined in [GCC] 1.32.280; the
public interest being protected, and the responsiveness of the person(s) responsible to
correct, cure, abate or stop the violation.
1.32.160 - Extension of compliance date.
After the issuance of a final order specifying a compliance deadline, a parry may request a
revision of the District Court's decision to request additional time beyond the District Court's
specified deadline to correct a violation if the following are met:
(1) The request must be received at least fifteen 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
Chapter 1.32 Page 8 of 15
(B) Evidence that correction of the violation was commenced promptly, but full
compliance was prevented by a condition or circumstance beyond the control of the
appellant. The deputy or other authorized official will review the request for
additional time and forward it, along with any comments, to the District Court for
issuance of a District Court decision granting or denying the request for extension
of the deadline to correct the violation.
1.32.170 - Stop work order.
(a) Whenever an authorized official finds any work being performed in a manner in violation of
the provisions of the code or in a dangerous or unsafe manner, the authorized official may
issue a stop work order.
(b) A stop work order shall be on a form determined by the deputy or other authorized official
and state the reason(s) for the order and the conditions under which the cited work will be
permitted to resume.
(c) 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.
(d) Upon issuance of a stop work order, the cited work shall immediately cease.
(e) 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 1.32.130.
(f) Violation of a stop work order may be subject to criminal prosecution or any other remedies
at law.
1.32.180 - Emergency order.
(a) Whenever a deputy or other authorized official becomes aware of a condition or activity that
endangers public or private property, creates an immediate hazard, creates a violation of
critical areas provisions or surface water protection, or threatens the health and safety of the
occupants of any premises or members of the public, the sheriff may issue an emergency
order including a notice to vacate pursuant to [GCC] 1.32.320A[1.32.260(a)].
(b) The emergency order shall state the reason for the order and the conditions that must be
remedied.
(c) Upon issuance of an emergency order, the cited activity shall cease and any unsafe or
dangerous condition shall be immediately remedied.
(d) The person(s) named in the emergency order may request a stay of the order within ten
calendar days from date of issuance of the order in accordance with RCW 34.05.467. A
party may seek reconsideration or further review under RCW 34.05.
(e) Violation of an emergency order may be subject to criminal prosecution.
1.32.190 - Method of service.
(a) A warning notice or citation shall be served upon the responsible person(s) by one or both of
the following methods:
Chapter 1.32 Page 9 of 15
(1) Personal service on the person(s) named, or by leaving a copy of the warning notice or
citation at that person's usual abode with a person of suitable age and discretion who
resides there.
(2) Service, by mailing two copies, postage prepaid, one by ordinary first class mail and the
other by certified mail, to the person(s) last known address, at the address of the
violation, or at the address of the place of business of the person(s) responsible.
(3) Service by mail shall be presumed effective upon the third business day following the
day upon which the warning notice or citation was placed in the mail.
(b) In all cases, the property owner may be named as a party to the violation, and notice shall be
mailed to the address shown on the tax records of the county. Notice may also be sent to any
lien holders or persons having interest in title to the property.
(c) If the whereabouts of the person(s) named is unknown, service shall be made by posting
and/or publishing the notice in accordance with the following:
(1) Posted notices shall be conspicuously placed on the property where the violation is
occurring; and/or
(2) When publication is utilized, the sheriff shall publish one notice in the official county
newspaper.
(d) A stop work order shall be served by posting in a conspicuous place on the property where
the 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.
(e) An emergency order shall be served by posting in a conspicuous place on the property where
the violation is occurring and by personal service or certified mail return receipt requested.
The emergency order shall be effective on the date that it is posted.
(f) Adequacy of mailed notice:
(1) Any mailed notice required by this chapter shall be deemed adequate where a good -
faith effort has been made by the department to identify and mail a notice to each
property owner or taxpayer, of record, lien holder or person(s) having interest in title
and known site address. The taxpayer's address as shown on the tax records of the
county shall be deemed to be the proper address for the purpose of mailing such notice
to the owner of the property where the violation occurred.
(2) Notices mailed to property owners, taxpayers of record lien holder or person(s) having
interest in title and known site addresses shall be deemed received by those persons if
named in an affidavit or declaration of mailing executed by the department.
(3) The failure of any person to actually receive the warning notice, citation, or notice shall
not invalidate any code enforcement action.
1.32.200 - Final order for enforcement.
(a) A final 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.
Chapter 1.32 Page 10 of 15
(b) If, after any order duly issued by the deputy or other authorized official, or District Court
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:
(1) Cause such person, firm, or corporation to be prosecuted under the provisions of this
chapter;
(2) Institute appropriate action to collect fines or monetary penalties assessed in accordance
with provisions of this chapter;
(3) Abate the violation in accordance with provisions of this chapter and state law;
(4) File a certificate of noncompliance in the Grant County Auditor's office in accordance
with provisions of this chapter; or
(5) Pursue other reasonable remedies as allowed by law.
1.32.210 - Collection of fines and monetary penalties.
(a) 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.
(b) The County, pursuant to Chapter 19.16 RCW and at its option, may use a collection agency
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 result of the use of the collection agency. No debt may be assigned to a
collection agency until at least thirty 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.
(c) The county may convert the District Court order or final order into a judgment.
1.32.220 - Repeat violations.
Repeat violations or a repeat violator are defined as follows:
(1) The same or similar violation, as determined by the deputy or other authorized official,
occurring on the same property within a twenty-four consecutive month time period.
(2) The same person(s) committing the same violation or similar violation, as determined
by the Sheriff, on a different property in Grant County within a twenty-four consecutive
month time period.
If a person if found to be a repeat violator, the following fines will be imposed in addition to
the citation:
(a) Second offense: $500
(b) Third offense: $1000
(c) Fourth or subsequent offense: $2000
Chapter 1.32 Page 11 of 15
1.32.230 - Certificate of noncompliance.
(a) 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.
(b) The deputy or other authorized official may record a certificate of noncompliance when:
(1) A notice of violation has become a final order under GCC 1.32.200.
(2) 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.
1.32.240 - Suspension of permits.
(a) The deputy or other authorized official may temporarily suspend any permit for:
(1) Failure to comply with the requirements of this title or other applicable provision of the
county code related to the permit; or
(2) Failure to comply with any notice of violation issued pursuant to this chapter.
(b) The permit suspension shall be subject to the notice of violation provisions of this chapter,
and the suspension shall be effective 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.
(c) Notwithstanding any other provision of this chapter, whenever a Commissioner or District
Court judge 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 deputy or other authorized official may, without service of a written
notice and order, suspend and terminate activities under the permit immediately.
1.32.250 - Revocation of permits.
(a) The deputy or other authorized official may permanently revoke any permit issued pursuant
to Grant County Code in which the applicable official is the decision maker for:
(1) Failure to comply with the requirements of this title or any other applicable provision of
the county code related to the permit;
(2) Failure to comply with any notice of violation issued pursuant to this chapter; or
(3) Discovery that a permit was issued in error or on the basis of incorrect information
supplied to the county.
(b) 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.
1.32.260 - Abatement.
(a) The County shall incorporate Chapter 11.10 RCW ABATEMENT OF ASSETS for
purposes of abatement.
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1.32.270 - Liens—Generally.
(a) The County shall have a lien for any civil penalty imposed or for the cost of any abatement
work, or both, done pursuant to this chapter, against the real property on which the civil
penalty was imposed or any of the abatement work was performed.
(b) The civil penalty and the cost of abatement are also joint and several personal obligations of
all persons in violation. The applicable deputy or other authorized official, or the
Prosecuting Attorney on behalf of Grant County, may collect the civil penalty and the
abatement work costs by use of all appropriate civil legal remedies.
(c) 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.
1.32.280 - Liens—Filing and Recording.
(a) The applicable deputy or other authorized official shall cause a claim for lien to be filed for
record in the Auditor's office within ninety days from the date the civil penalty is due or
within ninety days from the date of completion of the abatement work performed pursuant to
this chapter.
(b) The claim of lien shall contain the following:
(1) The authority for imposing a civil penalty or proceeding to abate the violation, or both;
(2) A brief description of the civil penalty imposed or the abatement work done, or both,
including the violations charged and the duration thereof. If abatement work was done,
the dates the work was commenced and completed and the name of the persons or
organizations who performed the work, shall be included;
(3) A legal description of the property to be charged with the lien;
(4) The name of the known or reputed owner, and, if not known, the fact shall be alleged;
and
(5) The amount, including lawful and reasonable costs, for which the lien is claimed.
(c) The applicable deputy or other authorized official shall sign and verify the claim.
(d) 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.
(e) The Auditor shall record and index the claims described in this chapter.
(f) 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.
1.32.290 - Liens—Foreclosure.
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(a) The lien provided by this chapter may be foreclosed and enforced by a civil action in a court
having jurisdiction.
(b) All persons who have legally filed claims of liens against the same property prior to
commencement of the action shall be joined as parties, either plaintiff or defendant.
(c) 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.
1.32.300 - 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 subject them to damages in a civil action.
1.32.310 - Misdemeanor.
(a) As an alternative, or in addition to any other legal, equitable or administrative remedy
provided in this chapter or by law or other regulation, any person who willfully or
knowingly violates any provision of the land use codes of Grant County or aids or abets
such violation shall be guilty of a misdemeanor. Upon conviction, such person(s) shall be
punished in the manner provided for in RCW 9A.20.021, as it now exists or is hereafter
amended, for violations of state law.
(b) In addition to incurring civil liability in accordance with the provisions of this chapter, any
person found to be in violation of the county shoreline master program is also guilty of a
misdemeanor subject to penalties pursuant to RCW 90.58.220.
1.32.320 - Severability.
If any section, subsection, paragraph, sentence, clause, or phrase of this ordinance is declared
unconstitutional or invalid for any reason, such decision shall not affect the validity of the
remaining parts of this ordinance.
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1.32.330 - Effective Date:
This ordinance shall take effect and be in full force and effect upon enactment.
A public hearing was held on the above ordinance at .3 :15 o'clock, on the day of d�,
2019.
PASSED AND ADOPED this 1yqay of , 2019.
BOARD OF COUNTY COMMISSIONERS
GRANT COUNTY, WASHINGTON
Yea / Nay Abstain
TOM TAYLO , CHAIR
7Y CART R VICE -CHAIR
RICHARD STEVENS, MEMBER
Chapter 1.32
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