§ 19.94.070. Civil penalties.

A.

Civil Penalties. Violations of the provisions of this title shall result in civil penalties pursuant to the following schedule:

CIVIL PENALTIES FOR VIOLATION OF ZONING REGULATIONS WARNING PERIOD: 28 DAYS FOR ALL VIOLATIONS
Type of Zone	Classification of Violation	Fine Per Day (after warning period)
Residential Zones R-1's R-2's R-4-8.5 FR's F-1 RMH	Conditional use without a permit Other violations	$25
	Nonpermitted use Violation of permit or approval	$50
Mixed Zones R-M MD's FM's S-1-G	Conditional use without a permit Other violations	$50
	Nonpermitted use Violation of permit or approval	$100
Commercial/Manufacturing Zones C's M's O-R-D	Conditional use without a permit Other violations	$100
	Nonpermitted use Violation of permit or approval	$200
Agricultural Zones A's FA's	Conditional use without a permit Other violations	$25
	Nonpermitted use Violation of permit or approval	$50
Overlay Zones AOZ HPZ	Violation of provisions	$100

 

B.

Daily Violations. Each day a violation is continued or maintained after receipt of notice shall give rise to a separate civil penalty for each day of violation.

C.

Violation Appeal Procedures.

1.

The mayor shall appoint such hearing officers as he/she deems appropriate to consider matters relating to the violation of this title.

2.

Any person having received notice of such violation, or the owner of any affected property, may appear before a hearing officer and present and contest such alleged violation of this title.

3.

The burden to prove any defense specified in subsection (C)(4) of this section shall be upon the person raising such defense.

4.

If the hearing officer finds that no violation occurred and/or a violation occurred but one or more of the defenses set forth in this section is applicable, the hearing officer may dismiss the notice of violation. Such defenses are:

a.

At the time of the receipt of the notice of violation, compliance would have violated the criminal laws of the state;

b.

Compliance with the subject ordinances would have presented an imminent and irreparable injury to persons or property.

5.

If the hearing officer finds that a violation of this title occurred and no applicable defense exists, the hearing officer may, in the interest of justice and on behalf of the county, enter into an agreement for the timely or periodic payment of the applicable penalty by the violator.

6.

No action by a hearing officer shall relieve the violator from complying with any of the provisions of this title.

D.

Abatement for Correction and Payment.

1.

Civil penalties shall be partially abated after the violation is cured and in the discretion of a hearing officer considering the following guidelines and factors:

a.

Prompt Cure. Reductions are generally appropriate for promptly curing the violation pursuant to the following schedule, but the hearing officer may grant greater or lesser abatements depending on the facts of the case:

i.

Cured within fourteen days after second notice—seventy-five percent reduction,

ii.

Cured within twenty-eight days after second notice—fifty percent reduction, or

iii.

Cured within fifty-six days after second notice—twenty-five percent reduction;

b.

If strict compliance with the notice and order would have caused an imminent and irreparable injury to persons or property;

c.

If the violation and inability to cure were both caused by a force majeure event such as war, act of nature, strike or civil disturbance;

d.

Such other mitigating circumstances as may be approved by the attorney or designee;

e.

If a change in the actual ownership of the property was recorded in the recorder's officer after the first or second notice was issued and the new owner is not related by blood, marriage or common ownership to the prior owner.

2.

If the hearing officer finds that the noticed violation occurred and no applicable defense applies, the hearing officer may, in the interest of justice and on behalf of the county, enter into an agreement for the delayed or periodic payment of the applicable penalty.

E.

Collection of Civil Penalties.

1.

If the penalty imposed pursuant to this chapter remains unsatisfied after forty days or when the penalty amounts to five thousand dollars from the receipt of notice, or ten days from such date as may have been agreed to by the hearing officer, the county may use such lawful means as are available to collect such penalty, including costs and attorney's fees.

2.

Commencement of any action to remove penalties shall not relieve the responsibility of any penalty to cure the violation or make payment of subsequently accrued civil penalties nor shall it require the county to reissue any of the notices required by this chapter.

(Ord. 1473 (part), 2001: Ord. 1387 § 3 (part), 1997)