1. 
Whenever the Health Officer has reason to believe that a use or condition exists in violation of any public health rules and regulations of this title or the use or condition may cause immediate and irreparable harm to public health or the environment, the Health Officer may issue an administrative Health Order under this chapter to cause:
a. 
The abatement pursuant to Section 13.75.060 KCC; or
b. 
The cessation of work, activity or use; or
c. 
Suspension and revocation of any permits or licenses issued pursuant to this title.
2. 
The effect of the Health Order shall be to require the immediate cessation of such work or activity until authorized by the Health Officer to proceed.
3. 
The Health Order shall contain:
a. 
The street address, when available, and a legal description of real property and/or description of personal property sufficient for identification of where the violation occurred or is located;
b. 
A statement that the Health Officer has found the person to be in violation of public health rules and regulations with a brief and concise description of the conditions found to be in violation;
c. 
A statement of the corrective action required to be taken, if necessary;
d. 
A statement advising that if any corrective action is not commenced or completed within the time specified, the Health Officer will proceed to abate the violation and cause the work to be done and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation;
e. 
A statement advising that the Health Order shall become final unless, no later than ten (10) days after the Health Order is served, any person aggrieved by the order requests in writing an appeal before the Board of Health;
f. 
A statement advising that the costs incurred by any Kittitas County Department involved in enforcing a final Health Order will be assessed and charged as a joint and separate personal obligation of any person in violation;
g. 
A statement advising that imposed enforcement costs may be appealed directly to the Board of County Commissioners, in writing, no later than ten (10) days after receipt of an invoice for costs.
(Ord. 2011-006, 2011; Ord. 2017-009, 2017)
1. 
The Health Order shall be served upon one or more of the following parties:
a. 
The owner or operator of the property where the violation is located;
b. 
The person in possession of the property where the violation is located; or
c. 
The person otherwise causing or responsible for the violation.
2. 
The Health Order shall be served by anyone or combination of the following methods upon all persons identified in the Health Order:
a. 
By both first-class and certified mail with a 5-day return receipt requested to the last known address of the person identified; or
b. 
By posting the Health Order in a prominent location on the premises in a conspicuous manner which is reasonably likely to be discovered; or
c. 
By personal service upon the person identified.
3. 
The failure of any such person to receive such Health Order shall not affect the validity of any proceedings taken under this chapter. Service by certified mail in the manner provided in this section shall be effective on the third day after the date of postmark.
4. 
It is unlawful and a violation of this title for any person, firm, or corporation found guilty of having created or suffering to exist on premises either owned or leased by them any violation 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 violations created by their predecessors in interest. No right can be acquired to continue a violation 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.
(Ord. 2011-006, 2011)
The Health Officer may at any time add to, rescind in part, or otherwise modify a Health Order by issuing a supplemental Health Order. The supplemental Health Order shall be governed by the same procedures applicable to all Health Orders contained in this chapter.
(Ord. 2011-006, 2011)
1. 
Any Health Order duly issued by the Health Officer pursuant to the procedures contained in this chapter shall become final ten (10) days after service of the notice and order unless a written request for hearing is received by KCPHD within the ten (10) day period.
2. 
An order which is subjected to the appeal procedure shall become final twenty (20) days after mailing of the Board of Health's decision unless within that time period an aggrieved person initiates review by writ of certiorari in Kittitas County Superior Court.
(Ord. 2011-006, 2011)
1. 
If, after any Health Order duly issued by the Health Officer has become final, the person to whom such Health Order is directed fails, neglects or refuses to obey such Health Order, the Health Officer may:
a. 
Cause such person to be prosecuted under Chapter 13.70 KCC; and/or
b. 
Abate the health violation using the procedures of this chapter; and/or
c. 
File in the county Auditor's Office a notice describing the property and the violation and stating that the owner has been so notified; and/or
d. 
Impose and charge the costs incurred by any Kittitas County Department involved in enforcing the Health Order against the property as a joint and separate personal obligation of any person in violation.
e. 
Pursue any other appropriate remedy at law or equity under this chapter.
2. 
Enforcement of any Health Order of the Health Officer pursuant to this chapter shall be stayed during the pendency of any appeal under this chapter, except when the Health Officer determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued.
3. 
An invoice for enforcement costs shall be served in the same manner as detailed in section 13.75.020 for Health Orders
4. 
Enforcement costs may be appealed directly to the Kittitas County Board of County Commissioners, in writing, no later than ten (10) days after receipt of an invoice for costs.
(Ord. 2011-006, 2011; Ord. 2011-009, 2017)
In addition to or as an alternative to any other judicial or administrative remedy provided in this chapter or by law or other rules and regulations, the Health Officer may order a public health rules and regulations violation of this title to be abated. The Health Officer may order any person who creates or maintains a violation of this title to commence corrective work and to complete the work within such time as the Health Officer determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Health Officer may proceed to abate the violation and cause the work to be done. He or she may charge the costs thereof as a lien against the property and as both a joint and separate personal obligation of any person who is in violation.
(Ord. 2011-006, 2011)
1. 
Any person aggrieved by a Health Order of the Health Officer may request in writing within ten (10) days of the service of the Health Order an appeal hearing before the Kittitas County Board of Health. The request shall be submitted to KCPHD, and shall include:
a. 
The Health Order being appealed;
b. 
The name and address of the appellant and his or her interest(s) in the matter;
c. 
The specific reasons why the appellant believes the decision to be wrong;
d. 
The desired outcome or changes to the decision; and
e. 
The appeals fee.
2. 
Notice of hearing.
a. 
Not later than the 15 calendar days after the receipt of one or more timely Notices of Appeal, KCPHD shall issue and serve a Notice of Hearing to the appellants. Requests from multiple parties concerning the same Health Order may be consolidated.
b. 
The Notice of Hearing shall be served by the same means as a Health Order as detailed in Section 13.75.20 KCC.
c. 
The Notice of Hearing shall contain the date, time, and location of the hearing.
3. 
Evidence.
a. 
Evidence, including hearsay evidence, is admissible if in the judgment of the Board of Health it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs.
b. 
All testimony of parties and witnesses shall be made under oath or affirmation.
c. 
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
d. 
Official notice may be taken of (a) any judicially cognizable facts, (b) technical or scientific facts within the agency's specialized knowledge, and (c) codes or standards that have been adopted by an agency of the United States, of this state, or by a nationally recognized organization or association. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.
4. 
Each party shall have the following rights:
a. 
To call and examine witnesses on any matter relevant to the issues of the hearing;
b. 
To introduce document and physical evidence;
c. 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d. 
To impeach any witness;
e. 
To rebut evidence against him;
f. 
To represent himself or be represented by an attorney of his or her own choosing.
5. 
Hearing.
a. 
The appeal hearing shall be conducted on the record and the Kittitas County Board of Health shall have such rulemaking and other powers necessary for conduct of the hearing.
b. 
The burden is on KCPHD to prove the alleged factual basis set forth in the Health Order. The burden is a preponderance of the evidence.
c. 
The observation of a violation on different dates shall be prima facia evidence that the violation continued to exist on intervening dates.
d. 
Following review of the evidence submitted, the Kittitas County Board of Health shall make written findings and conclusions and shall affirm or modify the order previously issued if the Board of Health finds that a violation has occurred. The Board of Health shall reverse the order if they find that no violation occurred. The written decision of the Board of Health shall be mailed by certified mail and first class mail, five day return receipt requested, to the appealing party.
(Ord. 2011-006, 2011)
1. 
The imposition of enforcement costs may be appealed, by the aggrieved party, directly to the Kittitas County Board of County Commissioners. A request for appeal must be made within ten (10) days of the service of the invoice for costs. The request shall include:
a. 
The Health Order that initiated the enforcement costs assessment.
b. 
The name and address of the appellant and his or her interest(s) in the matter;
c. 
The specific reasons why the appellant believes the enforcement costs should not be imposed; and
d. 
The appeal fee.
2. 
Notice of hearing.
a. 
Not later than fifteen (15) calendar days after the receipt of one or more timely Notices of Appeal, the Kittitas County Board of County Commissioners shall issue and serve a Notice of Hearing to the appellant(s). Requests from multiple parties concerning the same invoice may be consolidated.
b. 
The Notice of Hearing shall be served by the same means as a Health Order as detailed in Section 13.75.020 KCC.
c. 
The Notice of Hearing shall contain the date, time, and location of the hearing.
3. 
Evidence.
a. 
Evidence, including hearsay evidence, is admissible if in the judgment of the Board of Commissioners it is the kind of evidence on which reasonably prudent persons are accustomed to rely in the conduct of their affairs
b. 
All testimony of parties and witnesses shall be made under oath or affirmation.
c. 
Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.
d. 
Official notice may be taken of (a) any judicially cognizable facts, (b) technical or scientific facts within the Board's specialized knowledge, and (c) codes or standards that have been adopted by an agency of the United States, of this state, or by a nationally recognized organization or association. Parties shall be notified either before or during hearing, or by reference in preliminary reports or otherwise, of the material so noticed and the sources thereof, including any staff memoranda and data, and they shall be afforded an opportunity to contest the facts and material so noticed. A party proposing that official notice be taken may be required to produce a copy of the material to be noticed.
4. 
Each party shall have the following rights:
a. 
To call and examine witnesses on any matter relevant to the issues of the hearing;
b. 
To introduce document and physical evidence;
c. 
To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;
d. 
To impeach any witness;
e. 
To rebut evidence against him;
f. 
To represent himself or be represented by an attorney of his or her own choosing
5. 
Hearing.
a. 
The appeal hearing shall be conducted on the record and the Kittitas County Board of County Commissioners shall have such rulemaking and other powers necessary for conducting the hearing.
b. 
The Board must find that the facts that allege that the enforcement costs are due and owing by the appellant(s) are true and accurate by a preponderance of the evidence.
c. 
The existence of a valid and final Health Order shall be prima facia evidence that enforcement costs may be imposed.
d. 
Following review of the evidence submitted, the Kittitas County Board of County Commissioners shall make written findings and conclusions and shall affirm or modify the enforcement costs issued if the Board finds that they were properly imposed. The Board shall revoke the imposition of costs if they find that they were improperly imposed. The written decision of the Board shall be mailed by certified mail and first class mail, five day return receipt requested, to the appealing party.
(Ord. 2017-009, 2017)
Nothing in this Chapter shall limit the authority of the Health Officer to enforce this Title pursuant to Chapter 13.70 KCC or any other applicable regulations.
(Ord. 2011-006, 2011)[1]
[1]
Editor's Note: Ordinance 2011-006 did not provide a title for § 13.75.080.