1. 
A person found to have committed a civil infraction shall be assessed a monetary penalty. Except as otherwise required by law, the maximum penalty and default amount is $500 for each day of violation under this Title, not including statutory assessments, and the minimum penalty shall be $250 for each day of violation under this chapter, not including statutory assessments. The court may not reduce, waive, or suspend the monetary penalty below the stated minimum.
2. 
A person having been issued a Notice of Violation and Abatement shall be subject to a monetary penalty. The authorized official shall determine the penalty amount. Except as otherwise required by law, the maximum penalty and default amount shall be $500 for each day of violation under this Title, not including statutory assessments, and the minimum penalty shall be $100 for each day of violation under this chapter, not including statutory assessments. The Hearings Examiner may not reduce, waive, or suspend the monetary penalty below the amount assessed by the authorized official.
3. 
Each and every day of violation is a separate civil infraction subject to the above per-day penalty.
4. 
A person found to have committed a civil infraction shall be ordered to correct the violation. Failure to correct the violation may result in an abatement action.
5. 
Whenever a monetary penalty is imposed by a court under this Title, it is immediately payable to the court. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the county prosecuting attorney of the failure to pay. The court shall also notify the respective county department of the failure to pay the penalty, and the respective county department shall not issue the person any future permits for any activities and/or work until the monetary penalty has been paid in full.
6. 
The court may also order restitution be paid to a damaged party by the person found to have committed the infraction.
7. 
Any person who, through an act of commission or omission procures, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
8. 
Whenever a Notice of Violation and Abatement has been issued by an authorized official and the applicable appeals period has expired, the monetary penalty shall be immediately payable to the Department to which the authorized official is assigned. Any such penalty not paid within 30 days of the issuance of the notice or order affirming such notice shall bear interest at the rate of 12 percent per annum and may be referred to a collection agency. Nothing in this Title limits the right of the County to pursue other lawful remedies to fees, fines and costs imposed by this Title.
(Ord. 94-25 (part), 1994; Ord. 2005-29, 2005; Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2013-012, 2013; Ord. 2016-006, 2016; Ord. 2016-010, 2016)
1. 
Any misdemeanor in violation of § 18.01.050 KCC shall be punishable by up to ninety days in jail and/or a fine of up to one thousand dollars.
2. 
Any gross misdemeanor in violation of § 18.01.050 KCC shall be punishable by up to three hundred sixty-five days in jail and/or a fine of five thousand dollars.
3. 
A person found to have committed a misdemeanor or gross misdemeanor under § 18.01.050 KCC may be ordered to correct the violation. Failure to correct the violation may result in an abatement action.
(Ord. 2005-29, 2005; Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2013-012, 2013)
1. 
When the violation is nuisance under KCC § 18.01.010 and the unsuccessful defendant has not complied.
a. 
With the portion of the District Court order prescribing correction and the applicable appeal period has expired; or
b. 
With the portion of the Notice of Violation and Abatement prescribing correction and the applicable appeals period has expired, the County may propose a resolution to the Kittitas County Board of County Commissioners seeking (a) authority to proceed with an abatement action in the Superior Court, (b) appropriation of funding to carry out the abatement, and (c) approval of a time table within which to complete the contemplated abatement. If a Department has an abatement fund established the County need only propose the above resolution to the Board if County general funds are necessary for the abatement.
2. 
Upon approval of the above described resolution, if required by the Kittitas County Board of County Commissioners, the County shall apply to the District Court for a transfer to Superior Court for a warrant of abatement, or file an action for a warrant of abatement in Superior Court.
3. 
Upon receipt of such application, the District Court shall transfer the cause to the Superior Court, which shall proceed to try the issue of abatement.
4. 
The presence of a nuisance, as determined by the District Court or through the procedure outlined in KCC § 18.02.030, Subsections 5 to 8, shall be res judicata.
5. 
The Superior Court shall decide whether or not the defendant has complied with the District Court order requiring correction or the corrective measure outlined in the Notice of Violation and Abatement.
6. 
If not, the Superior Court shall issue a warrant of abatement authorizing the County to abate the nuisance at the expense of the party causing the nuisance and to levy a special assessment against the involved real estate to defray costs and reimburse the County for its abatement costs.
7. 
Such special assessment, along with any civil penalties and costs shall constitute a lien against the property upon which the violation occurred that shall be of equal rank with state, county, and municipal taxes.
8. 
An authorized official shall cause a claim of lien to be filed for record in the Auditor's Office within ninety (90) days from the date of completion of the abatement performed pursuant to this Title.
9. 
The claim of lien shall contain the following:
a. 
The authority for imposing a civil penalty and/or proceeding to abate the violation;
b. 
A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;
c. 
A description of the property to be charged with the lien;
d. 
The name of the known owner or reputed owner, and if not known the fact shall be alleged; and
e. 
The amount, including lawful and reasonable costs, for which the lien is claimed.
10. 
No lien created by this Title binds the property subject to the lien for a period longer than ten years after the claim has been filed unless an action is commenced in the proper court within that time to enforce the lien.
11. 
Liens created under this Title shall bear interest at the rate of 12 percent per annum and such interest shall accrue as of the date notice of the lien is sent to the property owner.
(Ord. 2006-37, 2006; Ord. 2009-19, 2009; Ord. 2013-012, 2013)