Chapter 12.32
ENFORCEMENT

Sections:

12.32.010    Violations of this title.

12.32.020    Inspection.

12.32.030    Inspection procedures.

12.32.040    Stop work orders.

12.32.050    Cumulative civil penalty.

12.32.060    Aiding or abetting.

12.32.070    Order to maintain or repair.

12.32.080    Notice of violation – Assessment of penalty.

12.32.090    Appeal and disposition.

12.32.100    Liability for costs of investigation.

12.32.110    Collection of civil penalty.

12.32.120    Compromise settlement and disposition of suits.

12.32.130    Hazards.

12.32.010 Violations of this title.

The placement, construction or installation of any structure, or the connection to a public storm drainage facility, or the discharge to a public storm drainage facility, or grading, which violates the provisions of this title shall be and the same is declared to be unlawful and a public nuisance and may be abated as such through the use of the Civil Enforcement Ordinance (Chapter 2.116 of this code), civil penalties and stop-work orders, as well as any other remedies which are set forth in this title, including, but not limited to, revocation of any permits. If the department chooses to utilize the civil enforcement ordinance, then a violation of any provision of this title shall constitute a Class I civil infraction. Each violation shall constitute a separate infraction for each and every day or portion thereof during which the violation is committed, continued or permitted. The choice of enforcement action taken and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources.

(Ord. 199-A (1997) § 1, 1997: Ord. 199 (1996) § 11.10, 1996)

12.32.020 Inspection.

(a)    Routine Inspections. The director or his designee shall have access to any site for which a site development activity permit has been issued pursuant to Section 12.10.030 during regular business hours for the purpose of on-site review and to insure compliance with the terms of such permit. The applicant for any such permit shall agree in writing, as a condition of issuance thereof, that such access shall be permitted for such purposes.

(b)    Inspection For Cause. Whenever there is cause to believe that a violation of this title has been or is being committed, the director or his designee is authorized to inspect the project, and any part thereof reasonably related to the violation, during regular business hours, and at any other time reasonable in the circumstances. The applicant for any site development activity permit under Section 12.10.030 shall, as a condition of issuance of such permit, agree in writing that such access to the project site, which inhibits the collection of information relevant to enforcement of the provisions of this title, shall be grounds for issuance of a stop work order by the director or his designee.

(Ord. 199 (1996) § 11.15, 1996)

12.32.030 Inspection procedures.

Prior to making any inspections, the director or his assignee shall present identification credentials, state the reason for the inspection and request entry.

(1)    If the property or any building or structure on the property is unoccupied, the director or his assignee shall first make a reasonable effort to locate the owner or other person(s) having charge or control of the property or portions of the property and request entry.

(2)    If after reasonable effort, the director or his assignee is unable to locate the owner or other person(s) having charge or control of the property, and has reason to believe the condition of the site or of the storm water drainage system creates an imminent hazard to persons or property, the inspector may enter.

(Ord. 199 (1996) § 11.16, 1996)

12.32.040 Stop work orders.

“Stop work order” means a written notice, signed by the director or his assignee, that is posted on the site of a construction activity, which order states that a violation of a Kitsap County ordinance has occurred and that all construction-related activity, except for erosion and sedimentation control activities authorized by the director, is to cease until further notice. The director may cause a stop work order to be issued whenever the director has reason to believe that there is a violation of the terms of this title. The effect of such a stop work order shall be to require the immediate cessation of such work or activity until authorization is given by the director to proceed.

(Ord. 199 (1996) § 11.20, 1996)

12.32.050 Cumulative civil penalty.

Every person who violates this title, or the conditions of an accepted site development activity permit plan, may incur a civil penalty. The penalty shall not be less than one hundred dollars or exceed one thousand dollars for each violation. This penalty shall be in addition to any other penalty provided by law. Each and every such violation shall be a separate and distinct offense, and each day of continued or repeated violation shall constitute a separate violation.

(Ord. 199 (1996) § 11.30, 1996)

12.32.060 Aiding or abetting.

Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.

(Ord. 199 (1996) § 11.31, 1996)

12.32.070 Order to maintain or repair.

The director shall have the authority to issue to an owner or person an order to maintain or repair a component of a storm water facility or BMP to bring it in compliance with this title. The order shall include:

(1)    A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

(2)    A notice that the violation or the potential violation cease and desist and, in appropriate cases, the specific corrective actions to be taken; and

(3)    A reasonable rime to comply, depending on the circumstances.

(Ord. 199 (1996) § 11.40, 1996)

12.32.080 Notice of violation – Assessment of penalty.

Whenever the director has found that a violation of this title has occurred or is occurring, the director is authorized to issue a notice of violation directed to the person or

persons identified by the director as the violator.

(1)    The notice of violation shall contain:

(A)    The name and address of the property owner;

(B)    The street address, when available, or a legal description sufficient to identify the building, structure, premises or land upon or within which the violation is occurring;

(C)    A statement of the nature of such violation(s);

(D)    A statement of the action that is required to be taken within twenty-one days from the date of service of the notice of violation, unless the director has determined the violation to be hazardous and to be requiring immediate corrective action, or unless the corrective action constitutes a temporary erosion control measure;

(E)    A statement that a cumulative civil penalty in the amount of not less than one hundred dollars and not exceeding one thousand dollars per day shall be assessed against the person to whom the notice of violation is directed for each and every day following the date set for correction on which the violation continues; and

(F)    A statement that the director’s determination of violation may be appealed to the Kitsap County board of commissioners by filing written notice of appeal, in duplicate, with the board within twenty days of service of the notice of violation. The per diem civil penalty shall not accrue during the pendency of such administrative appeal unless the violation was determined by the director to be hazardous and to require immediate corrective action or was determined by the director to constitute a temporary erosion control measure.

(2)    The notice of violation shall be served upon the person(s) to whom it is directed either personally or by complaint in superior court proceedings or by mailing a copy of the notice of violation by certified mail.

(Ord. 199 (1996) § 11.41, 1996)

12.32.090 Appeal and disposition.

A notice of violation issued pursuant to this chapter shall have the following appeal options:

(1)    Within thirty days from the date of receipt of the notice of violation, the aggrieved person may make application for relief from penalty to the director. Such application shall contain any information relevant to the situation that the aggrieved party believes the director should consider. The director may cancel, lower or affirm the penalty.

(2)    Within fifteen days from the date of receipt of the director’s response to said application for relief from penalty, the aggrieved party may appeal to the Kitsap County board of commissioners. The aggrieved person shall be entitled to have the appeal considered by the board at its next available regularly scheduled meeting date following the filing of the appeal. The board shall issue their decision within fifteen days of the completion of the hearing. The aggrieved party shall be notified by certified mail of the determination of the board.

(Ord. 199 (1996) § 11.42, 1996)

12.32.100 Liability for costs of investigation.

Any person found to be in violation of this title shall be responsible for the costs of investigation by the county. Such cost may include the analytical services of a certified laboratory.

(Ord. 199 (1996) § 11.50, 1996)

12.32.110 Collection of civil penalty.

The civil penalty constitutes a personal obligation of the person(s) to whom the notice of violation is directed. Penalties imposed under this chapter shall become due and payable thirty days after receiving notice of penalty unless an appeal is filed. The prosecuting attorney, on behalf of the county, is authorized to collect the civil penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate the accrual of additional per diem penalties so long as the violation continues.

(Ord. 199 (1996) § 11.60, 1996)

12.32.120 Compromise settlement and disposition of suits.

The director and the prosecuting attorney are authorized to enter into negotiations with the parties or their legal representatives named in a lawsuit for the collection of civil penalties to negotiate a settlement, compromise or otherwise dispose of a lawsuit when to do so will be in the best interest of the county, provided that a report shall be submitted to the board in any instance when a compromise settlement is negotiated.

(Ord. 199 (1996) § 11.70, 1996)

12.32.130 Hazards.

(a)    Whenever the director determines that any existing construction site, erosion/sedimentation problem or drainage facility poses a hazard to public safety or substantially endangers property, or adversely affects the condition or capacity of the drainage facilities, or adversely affects the safety and operation of county right-of-way, or violates state water pollution laws, the person to whom the permit was issued, or the person or persons holding title to the property within which the drainage facility is located, shall upon receipt of notice in writing from the director, repair or otherwise address the cause of the hazardous situation in conformance with the requirements of this chapter.

(b)    Should the director have reasonable cause to believe that the situation is so adverse as to preclude written notice, he may take the measures necessary to eliminate the hazardous situation, provided that he or she shall first make a reasonable effort to locate the owner before acting, in accordance with Section 12.32.030. In such instances, the person or persons holding title to the subject property shall be obligated for the payment to Kitsap County of all costs incurred by the county. If costs are incurred and a bond pursuant to this chapter or other county requirement has been posted, the director shall have the authority to collect against the bond to cover costs incurred.

(Ord. 199 (1996) § 11.80, 1996)