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HomeMy WebLinkAboutord2002-006WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -059 CLEARANCES Instal Doe Doe Received in Council Qfflor Agenda Date Ass' neda: orlsinwr. W E (0 2� V 2 v LS V LS JAN 0 8 2001 WHATCOM COUNTY 1115102 Introduction Bond" need.. 11n f � 1 1/29 Finance / Council Dept Me". Prosecutor Purch.aing/Budgd: i/S o Ereeutive: / SUBJECT: Ordinance proposing revisions to Whatcom County Code 24.07, Administrative Notice Proceedings, Civil Penalties and Abatement ATTACHMENTS: • Ordinance Form • Summary • WCC 24.07 with proposed revisions Related County Contract #: Should Clerk schedule a hearing: NO/ X / YES / / Requested Date: SUMMARYSTATEMENT: The proposed revisions of WCC 24.07 are necessary to assure a uniform process for appeals of Environmental Health decisions and to update the existing code. Distrisudon Indicate Chase who should receive List spovdic names to the risk. Request a ooPY after Council nation. ADS Facilities Managrment ADSFlnanee ADSnumon Resources AM Info Services Assessor Auditor Cooperodve Rstension District Court E cudve Health Reglm Delakunt Heating Examiner Jan imv Parks Planning COUNCIL ACTION TAKEN: 2002-59 11152002: Introduced 1292002: Adopted 7 -0, Ord. #2002 -006 Re Prosecutor Puanc Works Shedff Superior Court Treasurer other Ordinance or Resolunn (this item): Num�: 11 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 INTRODUCED BY: Consent PROPOSED BY: Health DATE: 1/15/02 ORDINANCE NO. 2002 -006 REVISIONS TO WCC 24.07 ADMINISTRATIVE NOTICE PROCEEDINGS, CIVIL PENALTIES AND ABATEMENT WHEREAS, the Whatcom County Board of Health unanimously approved a recommendation to revise WCC 24.07 to assure a uniform process for appeals of Environmental Health decisions; WHEREAS, clarification and revisions to sections in the existing County Code regarding authority, biosolids, public hearings, and the appeals process are needed; and, WHEREAS, the needed revisions are outlined in the attached Exhibit "A" which is incorporated by refernece into this Ordinance as if ully set forth herein. NOW THEREFORE BE IT ORDAINED by the Whatcom County Council that: Exhibit "A" containing the revisions to Whatcom County Code Chapter 24.07 are hereby adopted. ADOPTED this 29 day of Clerk of the Council APPROVED AS TO FORM: RANDALL J, s ' Chief Civil uty Prosecuting Attorney - Ordinance- nary , 2001. WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON L. Hard Ne sop CouIlcll ar ( APPROVED ( ) VETOED ,T I MEN Executive DATE: d'f EXHIBIT A 24.07.010 Purpose. The purpose of this chapter is to establish a uniform system for Administrative Notices impesifien- e€Ceivil Ppenalties Abatement, Hearings. Anneals and Enforcement for violations of the Whatcom County health code. (Ord. 90 -10 Exh. B (part)). 24.07.020 Definitions. As used in this chapter: "Administrative costs" means the cost of time reasonably spent by health depinimemHHS administrative and enforcement personnel and costs incurred for legal representation, with regard to the specific violation for which such costs are assessed. L e ffis.._ ffleg e; the I Roal health effi....fas that tern is ¢3cd in c c W c 1.....tef 70.05, e "Director" means the Administrative Director of Whatcom County Health and Human Services (HHS) or a representative authorized by the Administrative Director "Nuisance" means unlawfully doing an act, or omitting to perform a duty, which act or omission either annoys, injures or endangers the comfort, health or safety of others, offends decency, or unlawfully interferes with, obstructs, or tends to obstruct, or render dangerous for passage, any lake or navigable river, bay, stream, canal or basin, or any public park, square, street or highway; or in any way renders other persons insecure in life, or in the use of property. "Person" as used in this chapter shall include any natural person, organization, corporation or partnership and their agents or assigns. "Public nuisance" as used in this chapter is defined as a nuisance which affects the rights of community or neighborhood, although the extent of the nuisance may be unequal. "Health regulations" as used in this chapter shall include any existing or future provision contained in the Whatcom County Health Code (Ordinance 89 -24, as amended and codified as this title and referred to herein as "WCHC ") and shall also include any condition of a permit issued pursuant to WCHC, and shall include any rules of the State Board of Health and any state or federal regulations adopted by reference by the board. (Ord. 90 -10 Exh. B (part)). 24.07.030 Administration — Civil penalties. The Director- is hereby authorized to utilize the procedures of this chapter in order to enforce any health regulation. (Ord. 90 -10 Exh.B (part)). 24.07.040 Violations as nuisances All violations of health regulations are determined to be detrimental to the public health, safety, and welfare and are hereby declared to be public nuisances. All conditions which are determined by the administrative effieeF Director to be in violation of any health regulations shall be subject to the provisions of this chapter and may be corrected by any reasonable and lawful means as provided herein. (Ord. 90 -10 Exh. B (part)). 24.07.050 Civil penalty. In order to encourage compliance with the health regulations and with the conditions of permits issued under these health regulations, a system for imposing civil penalties is hereby adopted. In addition to or as an alternative to any other judicial or administrative remedy provided herein or by law, any person who violates a health regulation, shall be subject to a civil penalty. Each day during which a violation continues uncorrected shall be deemed a separate violation. Except where provided otherwise herein for specific violations the penalty shall be in an amount of up to $100.00 per day for any violation and will be directly assessed by Health and Human Services until such violation is corrected. The penalty shall be up to $200.00 per day for the second separate violation and up to $300.00 per day for the third separate violation of the same regulation within any five -year period. All civil penalties collected pursuant to this regulation shall be deposited in the county current expense fund. (Ord. 90 -10 Exh. B (part)). ..r... y ....... ......... ....... �.............,.,..,.,, r_......�, each House an adjacent prepel4y$50.00 r- 00 eaex. gati_ ,e ls$100 Rive_., s .. 1,.1 es$1 cn nn each 24.07.0670_Abatement. In addition to any other remedy provided herein or by law, theme Director may require any violation of a health regulation to be abated. The Director may require any person, who creates or maintains a public nuisance caused by violation of any_health regulation, to commence corrective work and to complete the work within such time as the administFative effieeF Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the health e€fieef Director may proceed to abate the public nuisance and cause the work to be done. The health e€fieerDirector will charge the costs thereof as a joint and several personal obligation of each person who is in violation. The costs of abatement may include administrative costs. (Ord. 90 -10 Exh. B (part)). 24.07.0780 Notices of the heakhefficefBirector. A. Commencement of Proceedings. Whenever the Director has reason to believe that a violation of a health regulation will be most promptly and equitably terminated by an administrative notice proceeding, the heahhr& ieerDirector shall issue a written notice directed either to the owner or operator of the source of the violation, the person in possession of the property where the violation originates, or the person otherwise causing or responsible for the violation or any of them. The notice may be posted on the property in addition to service of notice as provided in Section 24.07.4-00 080 and shall contain: 1. The street address when available and a legal description of real property and/or description of personal property sufficient for identification of the location of the violation; 2. A statement that the health -e€fie Director has found the person to be in violation of a health regulation, with a brief and concise description of the conditions found to be in violation; 3. A statement of the corrective action required to be taken. If the health ef€is Director has determined that corrective work is required, the notice shall require that all permits be obtained and the work be commenced and completed within such time as the healdi- ef€teerDirector shall determine is reasonable under the circumstances; 4. A statement specifying the amount of any civil penalty assessed on account of the violation, if such civil penalty is assessed in connection with said notice, and, if applicable, the conditions on which the assessment of such civil penalty is contingent; 5. Statements advising that a. If any required work is not commenced or completed within the time specified, the health6iileerDire r may proceed to abate the violation and cause the work to be done and charge the costs thereof, including administrative costs, as a joint and several personal obligation of any person in violation; b. If a civil penalty is not assessed, it may be assessed, or if any assessed civil penalty is not paid, the health- effieeFDirector will charge the amount of the penalty as ajoint and several personal obligation of any person in violation; along with administrative costs; 6. A statement advising that the notice shall become final unless, not later than 10 working days after the notice is served, any aggrieved person submits in writing a notice of appeal to the `eaM effiee Director. (Ord. 90 -10 Exh. B (part)). 24.07.0804-00 Method of serving '°°"` " °°-D'irector's notice. Service of the notice shall be made upon all persons identified in the notice either personally or by mailing a copy of such notice by certified mail, postage prepaid, return receipt requested to such persons at their last known address. If the address of any such person cannot reasonably be ascertained, then a copy of the notice shall be mailed to such person at the address of the location of the violation. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner herein provided shall be effective on the date of mailing. (Ord. 90 -10 Exh. B (part)). 24.07.09044 4Hearing and appeals. A. Notice of Appeal. Any aggrieved person may appeal any administrative notice, any assessment of civil penalty, Director's decision or stop work order by submitting to the health - office rDirector a written request for a hearing within 10 working days of the service of the notice or decision. The notice of appeal shall cite the notice or decision appealed from and contain a brief statement of the reasons for seeking an appeal hearing. B. Notice of Appeal Hearing. After receipt of a notice of appeal, the health-effieerDirector shall transmit the notice of appeal, and the notice or decision appealed from, to the hearing examiner. An appeal hearing shall be conducted on the record. Written notice of the time and place of the hearing shall be given at least 10 working days prior to the date of the hearing to each appealing party, to the heahh-effieeeDirector whose notice or decision is being appealed, and to all other interested persons who have requested in writing that they be so notified. C. Conduct of Appeals. All appeals shall be conducted in accordance with Ghap4ef "Uniferra Pfoeed�al Rules", provided however, thin Section 1 08 590 shall be excluded. Should any eenfliet ar-ise between the provisions of this fegulation and die examinef." in addition to the other authority as emilained in the WAG, the heexing eandue! of WCC 20.92. D. Findings and Decisions. Within 10 working days following review of the evidence submitted, the hearing examiner shall make written findings and conclusions, and shall affirm or modify the notice previously issued if the hearing examiner finds that a violation has occurred. The written decision of the hearing examiner shall be mailed by certified mail, postage prepaid, return receipt requested, to all the parties. E. Time Limitations. The appeal hearing before the hearing examiner shall occur within 60 calendar days following receipt by the Health officerDirector of the written notice of appeal, unless continued, in writing, at the request and consent of the interested parties. F. Notice of Appeal. Whenever possible, the appeal from the health-effiseeDirector's administrative notice or decision shall be combined with any other appeal from enforcement actions relating to the same subject matter and falling within the jurisdiction of the hearing examiner. (Ord. 90 -10 Exh. B (part)). 24.07.100 440 Final determination. A. Finalization of Administrative Notice. Any administrative notice duly issued by the Health- effieer Director pursuant to the procedures contained in this title shall become final 10 working days after its issuance, unless a written notice of appeal is timely received. B. Finalization of Hearing Examiner's Decision. The hearing examiner's decision shall become final 20 working days after mailing unless within that time period an aggrieved person initiates review by iwit of eet:tiefafi in the 0.• .r. t 24.07.110 4-30 - Supplemental notice. The health- eAieerDireclor may at any time add to, rescind in part, or otherwise modify a notice by issuing a supplemental notice. The supplemental notice shall be governed by the same procedures applicable to all notices as contained in this regulation. The authority granted to the healfl e ieeeDirector by this section includes without limitation the discretion to reduce or waive any civil penalty imposed under the authority of this chapter, and may be exercised at any time, whether or not appeal to the hearing examiner or superior court has been taken. (Ord. 90 -10 Exh. B (part)). 24.07.120 440Notice enforcement. A. Enforcement of Final Notice. If, after any notice has become final, the person to whom such order is directed fails, neglects, or refuses to comply with such notice, including refusal to pay a civil penalty assessed thereunder, the health-e€fiserDirector may enforce the rules and regulations cited in the notice by any means authorized herein or as otherwise authorized by law. B. Enforcement Stayed Pending Appeal. Enforcement of any notice and order of the heahh-e€fiseFDirector issued pursuant to this chapter shall be stayed during the pendency of any appeal under this regulation, except where the heath -effis Director determines that the violation will cause immediate and irreparable harm and so states in the notice, or where a "stop work order" has been duly issued. Civil penalties assessed for a continuing violation shall accumulate during the pendency of an appeal concerning that violation, but shall not become due and payable until the notice appealed from has become final. (Ord. 90 -10 Exh. B (part)). 24.07.130 430Suspension and revocation of permits. A. Suspension and Revocation Authorized. The health -offieerDirector may suspend or revoke any permit issued under the health regulation on: 1. Failure of the holder to comply with the requirements of any health regulation; or 2. Failure of the holder to comply with any notice issued pursuant to the health regulations; or 3. Wrongful interference with the health- e�Director in the performance of his duties; or 4. Discovery of the heahh-ef€+eerDirector that a permit was issued in error or on the basis of incorrect information supplied to the health depaAmeiAHH5. B. Notice of Revocation/Suspension — Appeal. Such permit, suspension or revocation shall be carried out through the notice provisions of this chapter, and the suspension or revocation shall be effective upon service of the notice upon the holder or operator. The holder or operator may appeal such a suspension or revocation as provided by this chapter. (Ord. 90 -10 Exh. B (part)). 24.07.140 46BCivil suit for collection of penalties and costs of abatement and enforcement of lien. '. isd:etie.. C .. the ....11....«..« ..C..... ..:..:1 penalty :...posed F... the . est ..0 .............L ..0 Jmiomm+v+.- ior-am� .vn- orim� -ov r.. ..apo ...... ,....,. .,. ...y ....._.._ abate�nt, and far its administfative costs pursuant to this fegulati6a; against my Peffie whose the costs. vielation or Tlhe eivil -.ena4t. «the vestq of abatement, and the administrative we also joi..r A. Civil Suit Authorized. Whatcom County heal&�HHS may institute a civil suit in any court of appropriate jurisdiction for the collection of any civil penalty imposed, for the cost of any work of abatement, and/or for its administrative costs pursuant to this chapter, against any person whose violation or violations of a health regulation resulted in the penalty, the abatement, or the costs. The civil penalty, the cost of abatement, and the administrative costs are also joint and several personal obligations of any person in violation. B. Lien Authorized. 44r Whatcom County health-depaftraeatHS shall have a lien for any civil penalty imposed, the cost of any work of abatement, and/or its administrative costs which may be foreclosed and enforced in the civil suit authorized by this chapter against the real property on which the civil penalty was imposed, the administrative cost incurred, or any of the work of abatement was performed. C. Notice of Lien. The notice of the hesW��Director pursuant to this chapter shall also give notice to the owner that a lien for the civil penalty, cost of abatement and/or administrative costs may be claimed by the health depaFWaeRtHHS. D. Priority of Lien. The lien claimed 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 a parity. E. Claim of Lien. 1. General. The hea4h- effieetDirector shall cause a claim of lien to be filed for record in the recording department of the Whatcom County auditor within 90 calendar days from the date of completion of the work or abatement performed pursuant to this regulation, or 90 calendar days from the date the notice of the heak`,.ffiee °-Director becomes final. 2. Contents. The claim of lien shall contain the following: a. The authority for imposing a civil penalty or proceeding to abate the violation, or both; b. A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged in the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work; c. A description of the property to be charged with the lien; d. The name of the known owner or reputed owner, and if not known, that fact shall be alleged; and e. The amount, including lawful and reasonable costs, for which the lien is claimed. 3. Verification. The health effiee Director or his authorized representative shall sign and verify the claim by oath to the effect that the affiant believes the claim is just. 4. Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment. F. Recording. The 4eal4b offs ^^ °-Director shall record and index the claims and notices described in this chapter. G. Duration of Lien — Limitations of Action. No lien created by this chapter binds the property subject to the lien for a period longer than one year after the claim of lien has been filed, or if no lien claim is filed, then one year after the final order against any person, unless an action is commenced in the proper court within that time to enforce the lien or collect the civil penalties, administrative costs and costs of abatement. H. Foreclosure. 1. Parties 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. 2. Actions Saved 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. (Ord. 90 -10 Exh. B (part)). 24.07.150 470Sevembility. Should any section, subsection, paragraph, sentence, clause or phrase of this chapter be declared unconstitutional or invalid for any reason, such decision shall not affect the validity of the remaining portions of this chapter. (Ord. 90 -10 Exh. B (part)).