HomeMy WebLinkAboutord1994-005WIT14TCOM COUNTY COUNCIL AGENDA BILL NO. 94 -16
SUBJECT: FILE REF: AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING
ORDINANCE, 1.11 -LE 20, CHAPTER 94, ENFORCEMENT AND PENALTIES, TO ALLOW CLASS 1
CIVIL INFRACTION PENALTIES FOR VIOLATIONS OF TITLE 20.
ATTACHMENTS: Draft Ordinance
RCW Chapter 7.80
Public Hearing Needed? Yes /xx/ No / /
SUMMARY STATEMENT: When Ordinance #93 -056 (Mt. Baker Rim) was adopted last September, Council
modified the Planning Commission recommendation in order to delay the effective date for one year. This delay gave
the various recreational subdivision associations some time to solve their problems internally by changing their own
covenants before RV's become a permitted use in the Foothills under our new code. There was some unfinished
business, however, regarding the new enforcement language. Karen Frakes, Civil Deputy Prosecuting Attorney,
recommended modifications to the proposed language; Council deferred this issue by default with the one year extension
of the effective date.
The enclosed ordinance contains the language preferred by Frakes. If adopted, this ordinance will allow the County to
start utilizing the civil infraction system for violations of Title 20 without further delay. The present system treats minor
offenses to the code as criminal, often requiring the county to press criminal charges in order to fully enforce Title 20.
A better procedure has been established under state law (RCW 7.80). In 1987, the state legislature found that many
minor offenses established as misdemeanors could, be more appropriately penalized by the imposition of civil fines. The
establishment of a system of civil infractions is a more expeditious and less expensive method of processing minor
offenses and will decrease the cost and workload of both the courts as well as code enforcement officers.
RECOMMENDED ACTION: The Director of Planning and Development Services recommends that Council adopt
the proposal.
COMMITTEE ACTION (including dates):
COUNCIL ACTION (including dates):
1/11/94: Council introduction
1/25/94: Council hearing — Council adopted the ordinance. 7 -0.
Related File Numbers: Ordinance or Resolution Number: Ord 94 -005
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FILE REF.• .ORD [c: If2l2U jlo INTRODUCED BY. Consent
PROPOSED BY., PLANNING
DA TE. 94
ORDINANCE NO. 94-005
AN ORDINANCE AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE,
TITLE 20, CHAPTER 94, ENFORCEMENT AND PENALTIES, TO ALLOW CLASS 1 CIVIL
INFRACTION PENALTIES FOR VIOLATIONS OF TITLE 20.
WHEREAS, the Planning Department, together with the Division of Buildings and Code and Prosecuting
Attorneys Office, has recommended amending the text of the Official Whatcom County Zoning Ordinance, Title
20, Enforcement and Penalties Chapter to establish a civil infraction system; and,
WHEREAS, enforcement is a major problem for Whatcom County with the present system under the
land use code treating minor offenses as criminal, which requires the county to eventually press criminal
charges in order to fully enforce the letter of the law; and,
WHEREAS, in 1987, the state legislature found that many minor offenses that are established as
misdemeanors could be more appropriately punished by the imposition of civil fines, allowing resources of the
legal system to focus more on serious criminal behavior; and,
WHEREAS, the Whatcom County Council has recently utilized this state law with the adoption of new
ordinances into the Whatcom County Code, but has not clearly established it within Title 20; and,
WHEREAS, by utilizing the provisions of state law (RCW 7.80), violations of Whatcom County's land
use code, Title 20, can be treated as civil infractions which will decriminalize minor offenses, facilitate
enforcement of Title 20, and decrease the cost and workload of the courts.
NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL:
1. Title 20, the Official Whatcom County Zoning Ordinance, is hereby amended as shown in the attached
Exhibit A.
2. The Council finds the public health, safety and general welfare are promoted by this change.
3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect
or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared
to be invalid.
PASSED this 25th day of January , 1994
ATTEST:
zmlx.en�
Clerk of the Council
APPROV D AS TO FORM:
Karen Frakes, Civil Deputy Pirosecuting Attorney
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY WASHINGTON
R& &C Imhof,' airperson
(4'APPROVED () VETOED
Shirley Van Z nten, CoLUy Executive
Date
FILE REF:. ORD [c: I f212 U jrg
Page 2
EXHIBIT A
TITLE 20 - THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE
20.94.010 ENFORCEMENT AND PENALTIES