An authorized official may issue a notice of infraction where that official has probable cause to believe, and does believe, that a violation has occurred or is occurring.
1. Notice of Infraction - Contents. A notice of infraction shall either be:
a. A notice of infraction ticket from a ticket book which substantially complies with IRLJ 2.1(b) and is approved by the Administrative Office of the Courts, or
b. A notice of infraction form that shall contain the following:
i. A statement indicating a determination has been made that the civil infraction has been committed by the person named in the notice and that the determination shall be final unless contested as provided in this Title;
ii. A statement of the specific civil infraction(s) alleged to have been committed for which the notice of infraction was issued and a reference to the code section allegedly violated;
iii. The date(s) the violation was observed;
iv. The address or sufficient description of the property at which the violation allegedly occurred;
v. A statement that the civil infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;
vi. A statement that a person's failure to respond to a notice of infraction as promised is a misdemeanor and may be punishable by a fine of up to one thousand dollars and/or imprisonment in jail up to ninety days;
vii. A list of options provided in this ordinance for responding to the notice of infraction and the procedures necessary to exercise these options;
viii. A statement that at any hearing to contest the determination of infraction, the burden is on the County to establish that the infraction was committed by a preponderance of the evidence and that the person may produce witnesses and subpoena the authorized official who issued and/or served the notice of infraction;
ix. A statement that the person alleged to have committed the infraction promises to respond to the Notice of Infraction in a manner consistent with this title, and a space for the alleged violator's signature;
x. A statement that refusal to sign the infraction as directed in paragraph (i) of this subsection shall constitute a determination that the person to whom the notice was issued committed the infraction;
xi. The amount of the penalty for the alleged infraction;
xii. Statement that if the violation is a nuisance and is not corrected, that the County can abate the nuisance and that the infraction penalty, abatement costs, and all associated legal costs and fees can become a lien against the property as well as a joint and several judgment against the owners and that the County can foreclose upon that lien, also obtaining reimbursement for its foreclosure costs, against the property;
xiii. The name, signature, address, and phone number of the authorized official issuing the notice of infraction as well as the time and place the notice was issued; and
xiv. A statement that multi-day violations can be charged as crimes.
2. Notice of infraction - Service. An authorized official may issue a notice of infraction if that official has probable cause to believe, and does believe, that the provisions of an applicable ordinance has been violated. A notice of infraction may be served through adherence to IRLJ 2.2(c):
3. Notice of infraction - Filing. A notice of infraction shall be filed in District Court within forty-eight (48) hours of issuance, excluding Saturdays, Sundays, and holidays. Kittitas County District Court shall have jurisdiction to hear and determine these matters.
4. Notice of infraction - Determination. A notice of infraction represents a determination that the person to whom the notice was issued committed the infraction unless contested under the provisions of this Title.
5. Notice of infraction-Notice of lien. The Notice of Infraction shall constitute a Notice of Lien in case the matter ultimately results in abatement and a lien for such abatement costs.
6. Notice of infraction - Procedure.
a. A person who has been served with a notice of infraction shall respond to the notice as provided within this section within thirty (30) days of the date the notice was served as provided in the Infraction Rules for Courts of Limited Jurisdiction (IRLJ) 2.4.
b. If the person fails to respond as provided in IRLJ 2.4, the court shall follow the procedure in IRLJ 2.5.
7. Notice of infraction - Scheduling of hearings.
a. If the person responds by requesting a contested hearing, then the court shall follow IRLJ 2.6(a) to schedule the contested hearing.
b. If the person responds by requesting a mitigation hearing, then the court shall follow IRLJ 2.6(b) to schedule the mitigation hearing.
c. The court may notify the county prosecuting attorney of a failure to respond to the notice of infraction if the person named on the notice fails to respond to the notice of infraction or fails to appear at a hearing in a manner authorized by IRLJ 2.4. The court shall notify the respective county department of any judgment entered and the reasons therefore.
(Ord. 94-25 (part), 1994; Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2013-012, 2013; Ord. 2021-003, 2021; Ord. 2024-003, 2024)