Disclaimer: This web site is provided for informational purposes
only. Although every effort has been made to provide accuracy, all
information and resources shown are not official. Neither Kittitas
County nor any of its agencies, officials or employees guarantees
the accuracy of any information on this web site. Reliance upon the
information contained on or accessed through this web site is
entirely at your own risk. Kittitas County reserves the right to
make changes without notice. The official hard copy is available in the Commissioners' office.
This title shall apply to the enforcement of Kittitas County ordinances
and codes, related to building, zoning, and environmental health and safety,
the violation of which are hereby declared a public nuisance:
This title shall also apply to the following additional public
nuisances:
Any public nuisance as defined by Washington State Statute or set
forth in Washington case law;
Any attractive nuisance whether in a building, on the premises of a
building, or on an unoccupied lot. This includes any abandoned wells,
shafts, basements, or excavations; abandoned refrigerators and junk
vehicles, as defined in this chapter; or any structurally unsound fences
or structures; or any lumber, trash, fences, debris or vegetation which
may prove a hazard;
The existence of any dead, diseased, infested, or dying trees which
may constitute a danger to property or persons;
The existence of any tree, shrub or foliage, unless by consent of the
county, which is apt to destroy, impair, interfere or restrict:
Roads, sidewalks, sewers, utilities or other public improvements,
Visibility, or free use of, or access to such improvements.
The existence of any vines or climbing plants growing into or over
any road, public hydrant, pole or street light, or the existing of any
shrub, vine or plant growing on, around, or in front of any hydrant,
stand pipe, sprinkler system connection or any other appliance or
facility provided for fire protection purposes in such a way as to
obscure the view thereof, or impair the access thereto;
The existence of a sidewalk or portion of a sidewalk adjacent to any
premises which sidewalk is out of repair, and in a condition to endanger
persons or property, or in a condition to interfere with the public
convenience and the use of such sidewalk;
The existence of any obstruction (including snow or ice that has been
plowed into or across a road, alley, crossing or sidewalk) to a road,
alley, crossing or sidewalk, which is by ordinance prohibited, or which
is made without lawful permission, or which having been made by lawful
permission, is kept and maintained after the purpose therefore has been
accomplished, and for an unreasonable length of time;
The erecting, maintaining, using, placing, depositing, leaving or
permitting to be or remain in or upon any private lot, building,
structure, or premises, or in or upon any road, alley, sidewalk, park,
parkway, or other public or private place in the county, any one or more
of the following: disorderly, disturbing, unsanitary, fly-producing,
rat-harboring, disease-causing places, conditions, or objects;
Any bottles, cans, glass, ashes, small pieces of scrap iron, wire,
metal, tires, articles, broken stone or cement, broken crockery, broken
glass, broken plaster and all such trash, or abandoned material, unless
it is kept in approved covered bins or receptacles;
Any trash, litter, rags, accumulations, or empty barrels, boxes,
crates, packing cases, mattresses, bedding, straw or other packing
materials, lumber not neatly piled, scrap iron, tin or other metal not
neatly piled, or anything whatsoever in which flies or rats may breed or
multiply, or which may be a fire hazard;
The depositing or burning or causing to be deposited or burned in any
road, alley, sidewalk, park, parkway, or other public place which is
open to travel, any hay, straw, paper, wood, boards, boxes, leaves,
manure, or other rubbish or materials;
The existence of any pits, potholes, or holes which would endanger
safety;
The existence of any conditions that would produce dust or noxious
odors; provided, that nothing herein shall be prohibited when done in
conjunction with a construction project for which a building permit has
been issued and is being prosecuted diligently to completion. However,
the contractor or owner shall be responsible for dust control throughout
the development area;
The existence of any fence or other structure or thing on private
property abutting or fronting upon any public road, sidewalk, or place
which is in a sagging, leaning, falling, decaying, or other dilapidated
or unsafe condition;
Unlawful disposal sites. It is unlawful for anyone to deliver and/or
deposit any garbage or rubbish generated within the county or without
the county at any disposal site other than a refuse disposal,
processing, transfer or recovery site provided and/or designated by the
director or public works pursuant to chapter 13.12 Kittitas County code;
Buildings found substandard pursuant to chapter 14.04 Kittitas County
code;
Vehicles, boats and trailers, on property for sale. The placing or
parking along street and road rights-of-way or in direct and plain view
thereof any vehicle, licensed or unlicensed, boat, trailer, motor-home,
mobilized equipment or machinery, recreational vehicle and equipment
placed or parked on property that is owned by someone that is other than
the owner of the vehicle, trailer, motor-home, etc. for the purpose of
selling the same. The placing or parking of any vehicle, etc. on
property owned by another includes business and commercial property so
long as the business is not regularly engaged and licensed pursuant to
chapter 46.70 RCW, in selling the particular vehicle, equipment, etc.
"Junk Vehicle"
Means a vehicle intended to be self-propelled and used for the
transport of people, goods, and/or services that meets at least three of
the following requirements:
Is three years old or older;
Is extensively damaged, such damage including, but not limited to,
any of the following: A broken window or windshield or missing wheels,
tires, motor, or transmission;
Is without a valid, current license plate or certificate of
registration;
Is apparently inoperable;
Has an approximate fair market value equal only to the approximate
value of the scrap in it.
This definition of a "junk vehicle" shall not apply to:
A vehicle or part thereof that is completely enclosed within a
building in a lawful manner where it is not visible from the road or
other public or private property; or
A vehicle or part thereof that is stored or parked in a lawful
manner on private property in connection with the business of a licensed
dismantler or licensed vehicle dealer and is fenced according to RCW
46.80.130; or
One vehicle only, which is actively being restored, repaired, or
reconditioned. If this project is not completed within two years, the
vehicle must be removed as provided for herein.
Any existing excavation or embankment or fill that has become a
hazard to life and limb, or endangers property, or adversely affects the
safety, use or stability of a public way or drainage channel.
It is unlawful and a violation of this chapter for any person, firm,
or corporation found guilty of having created or suffering to exist on
premises either owned or leased by them any nuisance defined herein.
Owners remain liable for violations of duties imposed by this chapter
even though an obligation is also imposed on the occupants of the
premises, and even though the owner has, by agreement, imposed on the
occupant the duty of complying with this chapter.
Successive property owners are liable for abatement of nuisances created
by their predecessors in interest. No right can be acquired to continue
a nuisance by virtue of its longtime existence. It shall not be
necessary to show that the owner participated in, or was even aware of,
the code violation in order to hold him/her liable.
Violations of the applicable codes shall be corrected under the
provisions of this title, in coordination with existing ordinance and
code provisions. (Ord. 2009-22, 2009; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25
(part), 1994)
18.01.020 Enforcement. Only an authorized official may enforce the provisions of this title. For purposes of this title, an authorized official is defined as any of the following:
The Kittitas County sheriff and his or her authorized representatives
shall have the authority to enforce the provisions of this title.
The Kittitas County prosecuting attorney shall have the authority to
enforce the provisions of this title and may institute any legal proceedings
necessary to enforce the provisions of this title.
The Kittitas County fire marshal and his or her authorized
representatives shall have the authority to enforce the provisions of this
title as to violations of Chapter 15.08.
The Kittitas County Board of Health may designate other persons to
administer the provisions of this title as to violations of Titles 8 and 13
and the Kittitas County Health Code. The Kittitas County Board of County
Commissioners may designate other persons to administer the provisions of
this title. Designation of enforcement officers shall be made by resolution
and may designate persons by name or position. (Ord. 2009-19, 2009; Ord.
2006-37, 2006; Ord. 94-25 (part), 1994)
18.01.030 Amnesty
period. Removed as part of Ord. 2005-29, 2005.
18.01.040 Infractions designated. The violation of any provision of the applicable codes or sections or
the presence of a nuisance, as set forth in KCC 18.01.010
("violation"), shall constitute a civil infraction. Each such violation shall
constitute a separate civil infraction for each and every day or portion thereof
during which such violation is committed, continued, or permitted. (Ord.
2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 9425 (part), 1994)
18.01.050 Crimes designated. Any person, company, firm, corporation or other legal entity who:
Commits a violation as set forth in KCC 18.01.010
on two or more days within any twelve-month period shall be guilty of a
misdemeanor, punishable by up to ninety days in jail and/or a fine of up to
one thousand dollars.
Having had two or more prior code convictions and/or findings of having
committed code infractions, including notices of violation and abatement,
under this title and thereafter commits a third violation as set forth in KCC 18.01.010
within ten years shall be guilty of a gross misdemeanor, punishable by up to
three hundred sixty-five days in jail and/or a fine of five thousand
dollars. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005)
18.01.060 Inspection. The director or his/her designee may make inspection from public roads
or alleys, or may enter upon private property with the consent of the owner or
occupant thereof to make inspections and also to abate conditions as provided in
sections 18.01.010 and/or 18.05.030.
If entry to property is refused and the same is necessary to be had the county
may use any lawful means necessary to obtain entry. Upon written notice of
intent to seek a search warrant, when a tenant/occupant or landlord/owner denies
the director or his/her designee the right to search a premises, the county may
immediately seek a search warrant, upon a showing of probable cause specific to
the premises sought to be searched that code and/or statutory violations exist
upon the premises chargeable as a criminal violation pursuant to Kittitas County
Code section 18.01.050, a court of competent
jurisdiction shall issue a warrant allowing a search of such premises. Probable
cause that a multi-day violation exists that would be chargeable as a
misdemeanor pursuant to KCC 18.01.050 requires that the
inspecting county employee, on at least two separate days, either observed
conditions constituting a violation under this chapter or was refused entry upon
premises to inspect for such a violation after receiving information reasonably
leading him/her to believe such violations existed. Either the observation of
multi-day violations or the multi-day denial of entry after receipt of
information as to suspicious conduct shall be attested to by sworn affidavit.
The Superior Court and courts of limited jurisdiction organized under
Titles 3,
35, and
35A RCW have
jurisdiction to issue such search warrant. Evidence obtained pursuant to any
such search may be used in a criminal, civil, or administrative enforcement
action. (Ord. 2009-19, 2009; Ord. 2006-37, 2006)
Sections 18.02.010 Violations - Enforcement. 18.02.020 Order to correct violation. 18.02.030 Notice of violation and abatement. 18.02.040 Notice of infraction. 18.02.050 Failure to comply.
Except as provided in this title, any authorized official under Section 18.01.020 may investigate alleged or apparent violations of this title.
If an authorized official makes a determination that a violation has occurred or is occurring, that official may:
Pursue reasonable attempts to secure voluntary correction by issuing an order to correct violation; or
Issue a Notice of Violation and Abatement to the landowner(s); or
Issue a notice of infraction if that official reasonably believes a violation has occurred. (Ord.
2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994).
Purpose. An order to correct violation is issued in an effort to secure
voluntary correction within fifteen business days of the receipt of the
notification; provided that, if the public health or safety is in immediate
danger, the date of correction may be of shorter duration.
Order to Correct Violation - Content. The order to correct violation
should contain:
The name and address of the property owner or the other person(s) to
whom the order to correct violation is directed; and
The street address or description sufficient for identification of
the building, structure, premises, or land upon or within which the
violation has occurred or is occurring; and
A description of the violation and a reference to that provision of
the ordinance or code which is alleged to have been violated; and
A statement of the action required to be taken to correct the
violation and a date or time by which correction is to be completed; and
A statement that failure to respond to the order to correct
violation within fifteen business days will result in the issuing of a
notice of infraction and the commencement of a monetary penalty in an
amount per day for each violation, assessed against the person(s) in the
case of violations of KCC 18.01.010(1), and
against the land in the case of violations under
KCC 18.01.010(2) or (3), to whom the order to
correct violation is directed for each and every day, or portion
thereof, on which the violation continues following the date set for
correction; and
Notice that multi-day violations are chargeable as crimes under
KCC
18.01.050; and
The signature of the authorized official who issues the order to
correct violation.
Order to Correct Violation - Service. The order to correct violation is
issued to the property owner or to any person causing, allowing, or
participating in the alleged violation. The order to correct violation shall
be served upon the person to whom it is directed by personal service of an
authorized official pursuant to KCC 18.01.020 or by
mailing a copy of the order by certified mail, postage prepaid, return
receipt requested, to such person at his/her last known address. Where
practical, a copy of the notice should be posted on the affected property or
structure. Failure to post a copy of the notice is not, however, a
requirement of proper service. Proof of service shall be made at the time of
service by a written declaration under penalty of perjury executed by the
person effecting the service, declaring the location, time, and date of
service and the manner in which service was made.
Order to Correct Violation Extension of Time. Upon written agreement
between an authorized official and the party allegedly in violation, the
parties may agree to an extension of time to correct the violation.
The extension of time shall include a date certain in the future
upon which correction of the violation is to be complete.
The extension of time shall be granted only upon a showing of good
cause as demonstrated in the written agreement. Among others, factors to
be considered are:
Substantial completion of the necessary correction;
Unforeseeable circumstances which render completion of the
necessary correction impossible by the date established;
A proposed phase removal plan that extends beyond the
established correction date.
Order to Correct Violation. Repeat Offense. When an order to correct
violation has been previously issued for the same offense to the same person
at the same location, the authorized official is not required to issue an
order to correct violation and may immediately issue a notice of infraction.
(Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25
(part), 1994).
Whenever, upon a reasonable belief, a public nuisance exists in
violation of this title, an authorized official may issue a Notice of
Violation and Abatement to the landowner(s), containing the following:
The street address, parcel number(s), or description of the
building, structure, premises, or land in terms reasonably sufficient to
identify its location;
A description of the violation(s) including the day or days of the
offenses;
A reference to the Title, Chapter, and Section of the Kittitas
County Code or Kittitas County Health Department regulation or written
order which has been violated, if applicable;
The amount of the fine imposed and to whom and by when it must be
paid;
A description of the action required to abate the public nuisance
which may include corrections, repairs, demolition, removal, or any
other appropriate action, and a date by which voluntary abatement must
be completed;
A statement that the person to whom a Notice of Violation and
Abatement is directed may request an administrative hearing to be
conducted by the Hearing Examiner. Such request (Notice of Appeal) must
be in writing, accompanied by the appeals fee and must be received by
the Public Official within 10 working days after the Notice of Violation
and Abatement has been served.
A statement that the landowner must correct the violation and pay
the civil penalty; or may appeal the Notice.
A statement that the costs and expenses of abatement incurred by the
County may be assessed against the person(s) named in the Notice of
Violation and Abatement and further that failure to pay said costs may
result in a lien for the costs of abatement being assessed against the
property.
The Notice of Violation and Abatement shall be served by any one or
combination of the following methods:
By both first-class and certified mail with a 5-day return receipt
requested to the last known address of the landowner of the property; or
By posting the Notice of Violation and Abatement in a prominent
location on the premises in a conspicuous manner which is reasonably
likely to be discovered; or
By personal service upon the landowner.
Notice of Appeal.
Within 10 working days of service of a Notice of Violation and
Abatement, the landowner may submit a written Notice of Appeal to the
Authorized official, along with the required appeal fee, to appeal the
Notice of Violation and Abatement. The amount of the appeal fee may be
set by resolution of the Board of Kittitas County Commissioners, but
shall initially be $500.00.
The notice of appeal shall contain a written, concise statement
identifying:
The decision being appealed;
The name and address of the appellant and his interest(s) in the
matter;
The specific reasons why the appellant believes the decision to
be wrong. The appellant shall bear the burden of proving the
decision was wrong;
The desired outcome or changes to the decision;
The appeals fee.
Notice of Hearing.
Not later than the 15 calendar days after the receipt of one or
more timely Notices of Appeal, the authorized official shall issue
and serve a Notice of Hearing to the appellants. Requests from
multiple parties concerning the same nuisance may be consolidated.
The Notice of Hearing shall be served by the same means as the
Notice of Violation and Abatement.
The Notice of Hearing shall contain the date, time, and location
of the hearing.
Hearing.
The appeal of a Notice of Violation and Abatement shall be heard
by the Hearing Examiner.
Unless otherwise provided herein, the provisions of
Chapter 2.11
KCC shall govern the hearing process.
The burden of proof is on the county to establish the violation
by a preponderance of the evidence. The observation of a violation
on different dates shall be prima facia evidence that the violation
continued to exist on intervening dates.
The Hearing Examiner shall determine if the property at issue
constitutes a public nuisance as defined in this Chapter. The
Hearing Examiner shall also determine if the appellant is the
property owner and is therefore personally liable for the costs of
abating the nuisance.
Order of the Hearing Examiner.
Unless mutually agreed to by the appellant and the Hearing
Examiner, the order of the Hearing Examiner shall be served upon the
person to whom it is directed, either personally or by mailing a
copy of the order to such person at his/her last known address as
determined by the designated authorized official.
The Hearing Examiner, in affirming the authorized official's
Notice of Violation and Abatement, shall impose the fine consistent
with the penalty provision of this title and may assess
administrative costs and/or costs related to the abatement of the
nuisance.
The Hearing Examiner may order the County to pay the appellant
the appeals fee, costs, and/or attorney fees only upon a finding
that both the violation did not occur and intentional misconduct on
the part of the authorized official.
The appellant may file a request for reconsideration of the
Hearing Examiner's decision within seven working days of the date of
the Hearing Examiner's written decision, file with the Hearing
Examiner a written request for reconsideration based on any one of
the following grounds materially affecting the substantial rights of
said party or person:
Errors of procedure or misinterpretation of fact, material to
the party seeking the request for reconsideration.
Irregularity in the proceedings before the Hearing Examiner by
which such party was prevented from having a fair hearing.
Clerical mistakes in the official file or record transmitted to
the Examiner, including errors arising from inadvertence, oversight,
or omission, which may have materially affected the Board's decision
on the matter.
Upon receipt of a request for reconsideration, the Hearing Examiner
shall review said request in light of the record and take such
further action as is deemed proper; including, but not limited to,
denying the request, granting the request, with or without oral
argument, and may render a revised decision. The decision of the
Hearing Examiner shall be subject to reconsideration only one time,
even if the Hearing Examiner reverses or modifies the original
decision.
If no written request for reconsideration has been received by
the authorized official within seven working days of the date of the
order of the Hearing Examiner, the order shall be considered final
unless appealed to Kittitas Superior Court. All such appeals shall
be governed by Rules for appeal of decisions of Courts of limited
jurisdiction (RALJ).
Cooperative Abatement Agreements.
The authorized official and the landowner may enter into a
cooperative abatement agreement which includes a right of entry
agreement and an agreement regarding the recovery of costs of the
abatement.
Cost Recovery.
In addition to the other remedies available under this chapter,
an authorized official may charge the costs of abatement to the
landowner(s) who received the Notice of Violation and Abatement or
to the landowner(s) who were found personally liable for the costs
of abating the nuisance by an order issued by the Hearing Examiner
if an appeal was filed. The costs are due and payable 30 days from
mailing of the invoice and if not paid by that date shall bear
interest at the rate of 12 percent per annum. The costs shall be
paid to the Department to which the authorized official is assigned.
In the case of persons designated by the Kittitas County fire
marshal to enforce Chapter 15.08, costs shall be paid to the Office
of the Fire Marshal.
If more than one landowner has been issued a Notice of Violation
and Abatement or more than one appellant was found personally liable
for the costs of abating the nuisance by an order issued by the
Hearing Examiner, each party shall be jointly and severally liable
for the costs of the abatement.
For purposes of this Section, "costs" shall include but are not
limited to:
Personnel costs, both direct and indirect, including all
attorney's fees and costs incurred in the investigation,
documentation, and abatement of the nuisance;
Any salvage value proceeds resulting from the abatement of the
property shall first be applied to the costs of abatement. Any
remaining such monies shall be paid to the landowner as shown on the
last equalized assessment roll.
The County may impose a special assessment for the costs of any
abatement proceedings under this chapter and all other related costs
against the real property on which the nuisance was found or any of
the work of abatement was performed.
Special Assessment.
Pursuant to
RCW 36.32.120(10), all costs incurred by Kittitas County
for the abatement of any nuisance defined by any statute or
ordinance shall be a special assessment upon land or premises on
which the nuisance is situated and this assessment and/or any
penalties under this title shall constitute a lien against the
property which shall be of equal rank with state, county, and
municipal taxes. An authorized official shall cause a claim of lien
to be filed for record in the Auditor's Office within ninety (90)
days from a final finding. (Ord. 2009-19, 2009)
18.02.040 Notice of infraction. An authorized official may issue a notice of infraction where that
official reasonably believes that a violation has occurred or is occurring and
where the time for correction under the order to correct has expired.
Notice of Infraction - Contents. A notice of infraction need not be on a
form approved by the Administrative Office of the Courts but shall contain
the following:
A statement indicating a determination has been made that the civil
infraction has been committed by the person named in the notice and that
the determination shall be final unless contested as provided in this
title;
A statement of the specific civil infraction(s) alleged to have been
committed for which the notice of infraction was issued and a reference
to the code section allegedly violated;
The date(s) the violation was observed;
Address or sufficient description of the property at which the
violation allegedly occurred;
A statement that the civil infraction is a noncriminal offense for
which imprisonment shall not be imposed as a sanction;
A statement that a person's failure to respond to a notice of
infraction as promised is a misdemeanor and may be punishable by a fine
of up to one thousand dollars and/or imprisonment in jail up to ninety
days;
A list of options provided in this ordinance for responding to the
notice of infraction and the procedures necessary to exercise these
options;
A statement that at any hearing to contest the determination of
infraction, the burden is on the county to establish that the infraction
was committed by preponderance of the evidence and that the person may
produce witnesses and subpoena the authorized official who issued and/or
served the notice of infraction;
A statement that the person alleged to have committed the infraction
promises to respond to the Notice of Infraction in a manner consistent
with this title, and a space for the alleged violator's signature;
A statement that refusal to sign the infraction as directed in
paragraph (i) of this subsection shall constitute a determination that
the person to whom the notice was issued committed the infraction;
The amount of the penalty for the alleged infraction;
Statement that if the violation is a nuisance and is not corrected,
that the County can abate the nuisance and that the infraction penalty,
abatement costs, and all associated legal costs and fees can become a
lien against the property as well as a joint and several judgment
against the owners and that the County can foreclose upon that lien,
also obtaining reimbursement for its foreclosure costs, against the
property;
The name, signature, address, and phone number of the authorized
official issuing the notice of infraction as well as the time and place
the notice was issued; and
A statement that multi-day violations can be charged as crimes.
Notice of Infraction - Service. An authorized official may issue a
notice of infraction if that official reasonably believes the provisions of
an applicable ordinance has been violated and good cause for extension has
not been provided by the person to whom the order to correct was issued. A
notice of infraction may be served by:
An authorized official delivering the notice of infraction to the
person named on the notice of infraction; or
An authorized official filing the notice of infraction with the
district court, in which case the court shall have the notice served
either personally or by mail, postage prepaid, on the person named in
the notice of infraction at his or her last known address.
Notice of Infraction - Filing. A notice of infraction shall be filed in
district court within forty-eight hours of issuance, excluding Saturdays,
Sundays, and holidays. Kittitas County district court shall have
jurisdiction to hear and determine these matters.
Notice of Infraction - Determination. A notice of infraction represents
a determination that the person to whom the notice was issued committed the
infraction unless contested under the provisions of this title.
Notice of Infraction-Notice of Lien. The Notice of Infraction shall
constitute a Notice of Lien in case the matter ultimately results in
abatement and a lien for such abatement costs.
Notice of Infraction - Procedure.
A person who has been served with a notice of infraction shall
respond to the notice as provided within this section within fifteen
days of the date the notice was served.
Admission. If the person named in the notice of infraction does not
contest the determination, the person shall respond by completing the
appropriate portion of the notice of infraction and submitting it,
either by mail or in person, to the court specified in the notice. A
check or money order in 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 respective county department.
Contested Hearing. If the person named in the notice of infraction
wishes to contest the determination, the person shall respond by
completing the portion of the notice requesting a hearing and submitting
it, either by mail or in person, to the court specified in the notice.
The court shall notify the person in writing of the time, place and date
of the hearing. The date of the hearing shall not be earlier than seven
days nor more than ninety days from the date of the notice of the
hearing, except by agreement.
Mitigation. If the person determined to have committed the civil
infraction does not contest the determination, but wishes to explain
mitigating circumstances surrounding the infraction, the person shall
respond by completing the portion of the notice of 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.
If the person named on the notice of infraction is found by the
court to have committed the infraction, the court shall assess a
monetary penalty for the violation.
The court may notify the county prosecuting attorney of a failure to
respond to the notice of infraction if the person named on the notice
fails to respond to the notice of infraction as provided in paragraph
(b) of this subsection or fails to appear at a hearing requested
pursuant to paragraphs (c) or (d) of this subsection. The court shall
notify the respective county department of any judgment entered and the
reasons therefore. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25
(part), 1994)
Any person willfully violating his or her written and signed promise to
appear in court or his or her signed promise to respond to the notice of
infraction is guilty of a misdemeanor, punishable by fine up to one thousand
dollars and/or imprisonment in jail up to ninety days, regardless of the
disposition of the notice of infraction.
A person who willfully fails to pay a monetary penalty as required by a
court under this chapter may be found in civil contempt of court after
notice and hearing. Further, delinquent accounts with the court may be
referred to an agency for collection.
Any person subject to criminal proceedings under this title may be
represented by a lawyer. If the person named on the notice of infraction
qualifies, he or she may be represented by court-appointed counsel. (Ord.
2009-19, 2009; Ord.
2006-37, 2006; Ord. 94-25 (part), 1994)
A hearing held to contest the determination that an infraction has been
committed shall be without a jury.
The court may consider the notice of infraction and any sworn statements
submitted by the authorized official who issued and served the notice in
lieu of his or her personal appearance at the hearing.
The person named in the notice may produce witnesses, subpoena the
authorized official who issued and served the notice, and may present and
examine witnesses in court.
The burden of proof is on the county to establish the commission of the
infraction by a preponderance of the evidence. The observation of a
violation on different dates shall be prima facia evidence that the
violation continued to exist on intervening dates.
After consideration of the evidence and argument, the court shall
determine whether the infraction was committed. If it has not been
established that the infraction was committed, an order dismissing the
notice shall be entered in the court's records. If it has been established
that a civil infraction has been committed, an appropriate order including
correction of the violation shall be entered in the court's records.
An appeal from the court's determination or order shall be to the
superior court in the manner provided by the Rules of Appeal of Decisions of
Courts of Limited Jurisdiction (RALJ). The decision of the district court is
subject only to discretionary review by the superior court. (Ord. 2009-19,
2009; Ord. 2006-37,
2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994).
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 determination that a civil infraction has
been committed may not be contested at a hearing held for the purpose of
explaining mitigating circumstances. The person explaining mitigating
circumstances shall not be allowed to subpoena witnesses.
After the court has heard the explanation of the circumstances
surrounding the commission of the civil infraction, an appropriate order
including correction of the violation shall be entered in the court's
records.
There shall be no appeal from the court's determination and order at a
hearing for the purpose of explaining mitigating circumstances. (Ord.
2009-19, 2009; Ord.
2006-37, 2006; Ord. 94-25 (part), 1994).
A person found to have committed a civil infraction shall be assessed a
monetary penalty. The maximum penalty and default amount is $500 for each
day of violation under this title, not including statutory assessments. The
minimum penalty shall be $250 for each day of violation under this chapter,
not including statutory assessments. The court may not reduce, waive, or
suspend the monetary penalty below the stated minimum. A person having been
issued a Notice of Violation and Abatement shall be subject to a penalty of
$500 for each day of violation under this title. This fine may not be
reduced, waived, or suspended.
Each and every day of violation is a separate civil infraction subject
to the above penalty per day.
A person found to have committed a civil infraction shall be ordered to
correct the violation. Failure to do so shall result in an abatement action.
Whenever a monetary penalty is imposed by a court under this title, it
is immediately payable to the court. If the person is unable to pay at that
time, the court may grant an extension of the period in which the penalty
may be paid. If the penalty is not paid on or before the time established
for payment, the court may proceed to collect the penalty in the same manner
as other civil judgments and may notify the county prosecuting attorney of
the failure to pay. The court shall also notify the respective county
department of the failure to pay the penalty, and the respective county
department shall not issue the person any future permits for any activities
and/or work until the monetary penalty has been paid in full.
The court may also order restitution be paid to a damaged party by the
person found to have committed the infraction.
Whenever a Notice of Violation and Abatement has been issued by an
authorized official and the applicable appeals period has expired, the
monetary penalty shall be immediately payable to the Department to which the
authorized official is assigned. Any such penalty not paid within 30 days of
the issuance of the notice or order affirming such notice shall bear
interest at the rate of 12 percent per annum. Nothing in this title limits
the right of the County to pursue other lawful remedies to fees, fines and
costs imposed by this title. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord.
2005-29, 2005; Ord. 94-25 (part), 1994)
Any misdemeanor in violation of KCC 18.01.050 shall
be punishable by up to ninety days in jail and/or a fine of up to one thousand
dollars.
Any gross misdemeanor in violation of KCC 18.01.050
shall be punishable by up to three hundred sixty-five days in jail and/or a fine
of five thousand dollars.
A person found to have committed a misdemeanor or gross misdemeanor under
KCC
18.01.050 shall be ordered to correct the violation. Failure to do so shall
result in an abatement action. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord.
2005-29, 2005)
When the violation is nuisance under KCC 18.01.010
and the unsuccessful defendant has not complied
with the portion of the District Court order prescribing correction
and the applicable appeal period has expired, or
or with the portion of the Notice of Violation and Abatement
prescribing correction and the applicable appeals period has expired,
the County may propose a resolution to the Kittitas County Board of County
Commissioners seeking (a) authority to proceed with an abatement action in
the Superior Court, (b) appropriation of funding to carry out the abatement,
and (c) approval of a time table within which to complete the contemplated
abatement. If a Department has an abatement fund established the County need
only propose the above resolution to the Board if County general funds are
necessary for the abatement.
Upon approval of the above described resolution if required by the
Kittitas County Board of County Commissioners, the County shall apply to the
District Court for a warrant of abatement and a transfer to Superior Court
or file a action for a warrant of abatement in Superior Court.
Upon receipt of such application, the District Court shall transfer the
cause to the Superior Court, which shall proceed to try the issue of
abatement.
The presence of a nuisance, as determined by the District Court or
through the procedure outlined in KCC 18.02.035, shall be res judicata.
The Superior Court shall decide whether or not the defendant has
complied with the District Court order requiring correction or the
corrective measure outlined in the Notice of Violation and Abatement.
If not, the Superior Court shall issue a warrant of abatement
authorizing the County to abate the nuisance at the expense of the party
causing the nuisance and to levy a special assessment against the involved
real estate to defray costs and reimburse the County for its abatement
costs.
Such special assessment, along with any civil penalties and costs shall
constitute a lien against the property upon which the violation occurred
that shall be of equal rank with state, county, and municipal taxes.
An authorized official shall cause a claim of lien to be filed for
record in the Auditor's Office within ninety (90) days from the date of
completion of the abatement performed pursuant to this title.
The claim of lien shall contain the following:
The authority for imposing a civil penalty and/or proceeding to
abate the violation;
A brief description of the civil penalty imposed or the abatement
work done, or both, including the violations charged and the duration
thereof, including the time the work is commenced and completed and the
name of the persons or organizations performing the work;
A description of the property to be charged with the lien;
The name of the known owner or reputed owner, and if not known the
fact shall be alleged; and
The amount, including lawful and reasonable costs, for which the
lien is claimed.
No lien created by this title binds the property subject to the lien for
a period longer than ten years after the claim has been filed unless an
action is commenced in the proper court within that time to enforce the
lien.
Liens created under this title shall bear interest at the rate of 12
percent per annum and such interest shall accrue as of the date notice of
the lien is sent to the property owner. (Ord. 2009-19, 2009; Ord. 2006-37,
2006)
18.06.010 Nature of infraction proceedings.
Any finding or order that an infraction has been committed under the provisions
of this title is civil in nature. (Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord.
94-25 (part), 1994)
18.06.020 Legal costs of infractions.
Except where explicitly stated in this title, each party in a civil infraction
case is responsible for attorney fees and costs incurred by that party. (Ord.
2009-19, 2009; Ord. 2006-37, 2006; Ord. 94-25 (part), 1994)
18.06.030 Severability and Saving.
If any provision of this chapter or its application to any person or property is
held invalid, the remainder of this chapter or the application of the provision
to other persons or property is not affected and if for any reason this code
should be declared invalid or unconstitutional, then the original ordinance or
ordinances shall be in full force and effect. (Ord. 2009-19, 2009)
18.06.040 Conflicts.
If any provision of this title or its application to any person or property is
in conflict with any other provision of County Code or Court Rule, including
procedural rules; then the provision contained within this title shall control.
(Ord. 2009-19, 2009)
18.06.050 Other Lawful Remedies.
Nothing in this code limits the right of the County to pursue other lawful
criminal, civil or equitable remedies to abate, discontinue or correct
violations of this title. (Ord. 2009-19, 2009)
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the accuracy of any information on this web site. Reliance upon the
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