Chapter 1.20 CODE ENFORCEMENT <a id="ref48863469-1" href="#ft48863469-1" class="footnoteref" > [1]

Applicability. This title shall apply to the enforcement of Lewis County ordinances and codes, including those related to building, land use, development regulations, environmental health and safety, and quality of life, which specifically references this chapter.

Authorized Official. Only an authorized official may enforce the provisions of this title. For purposes of this title, an "authorized official" is defined as any one of the following:

The Lewis County sheriff and their authorized representatives.

The Lewis County health officer, the administrative officer of the board of health, and their authorized representatives.

The director of the Lewis County department of community development and their authorized representatives.

The director of the Lewis County department of public health and social services and their authorized representatives.

(e)

The Lewis County prosecuting attorney may, in addition to any enforcement provisions hereunder, have authority to institute any legal proceedings necessary to enforce this title.

(f)

The Lewis County board of county commissioners and the Lewis County board of health may designate other persons to administer the provisions of this title.

Enforcement. If the authorized official establishes that a code violation exists pursuant to this title and other applicable titles of the Lewis County Code, they may:

Enter into voluntary compliance agreements with responsible parties as authorized in this title. If the responsible party fails to successfully comply with the terms of the voluntary compliance agreement, a citation for the violation, along with the voluntary compliance agreement, shall be issued and filed with the court. If the responsible party complies with the terms of the voluntary compliance agreement, the county will not issue a citation and may waive any penalties or fines associated with the violation;

Issue citations and assess civil penalties ("penalties") or fines as authorized by this title;

Issue notice and orders and order remediation or mitigation of the civil code violation, assess penalties and costs of code compliance ("costs"), and/or suspend or revoke any permit previously issued by Lewis County, as authorized by this title; and/or

Issue stop work orders to order work stopped at a site, as authorized by this title.

Violations. Violations of the applicable code shall be corrected under the provisions of this title, in coordination with existing ordinance and code provisions. The authorized official may declare any violation of such resolutions or ordinances to be a misdemeanor under RCW 36.32.120(7), and declaring every crime punishable by a fine of not more than $250.00 for every day the violation occurs, or by imprisonment in a county jail for not more than 90 days, a misdemeanor, under RCW 9.92.030.

Declaration of a Public Nuisance, Misdemeanor.

All civil code violations are hereby determined to be detrimental to the public health, safety, and environment and are hereby declared public nuisances, which may be subject to abatement and recovery of abatement costs pursuant to RCW 36.32.120(10), as now enacted or hereafter amended.

The prosecuting attorney may at any time bring such additional injunctive, declaratory, criminal, or other actions as are necessary to enforce the provisions of the Lewis County Code.

Nothing in this title shall be interpreted to mean that civil and criminal remedies for the same violations may not be brought simultaneously.

Duty. While this title authorizes Lewis County to take action to enforce laws and regulations, it shall not be construed as placing responsibility for code compliance or enforcement upon Lewis County in any particular case, or as creating any duty on the part of Lewis County to any particular person.

(Ord. 1363 (Exh. A), 2025)

§ 1.20.030 Definitions.

"Abate"

means to take whatever steps are deemed necessary by Lewis County to remove, stop, rehabilitate, demolish, or repair a condition which constitutes a public nuisance.

"Appellant"

means the party appealing a citation, notice and order, order to stop work, or director's decision on a request for certificate of correction.

"Department"

means:

The Lewis County department of community development;

The Lewis County department of public health and social services;

The Lewis County sheriff's office; or

Such other department as the Lewis County board of county commissioners by ordinance authorizes to utilize this title.

"Hearing examiner"

means the Lewis County hearing examiner, as provided in Chapter 2.25 LCC, Hearing Examiner.

"Mitigate"

means to take measures, subject to Lewis County approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome.

"Permit"

means any form of written certificate, approval, registration, license, or any other written permission issued by Lewis County.

(7)

"Permit conditions"

means the conditions of permit approval including but not limited to:

The provisions of any mitigation plans, critical area plan, habitat management plans, and other special reports submitted and approved as part of the permit approval process;

The easement and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public.

(8)

"Person"

means any individual, association, partnership, corporation, or legal entity, public or private, and the agents and assigns of the individual, association, partnership, corporation, or legal entity.

(9)

"Remediate"

means to restore a site to a condition that complies with regulatory requirements as they existed when the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose a threat to public health, safety, or environment.

(10)

"Responsible party"

means either the person who caused the violation, if that can be determined, or the owner, lessor, lessee, tenant, or other person entitled to control, use or occupy, or any combination of control, use or occupy, of the subject property, or both.

(11)

"Subject property"

means the real property where the civil code violation has occurred or is occurring.

(12)

"Unfit structures"

means a building, dwelling or other structure unfit for human habitation or other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate ventilation and uncleanliness, inadequate light or sanitary facilities, inadequate drainage, overcrowding, or due to other conditions which are inimical to the health and welfare of the residents of such municipalities and counties.

(13)

"Violation"

means a civil infraction and includes one or more of the following:

An act or omission contrary to an ordinance of Lewis County that regulates or protects the public health, safety, environment, or use and development of land or water, whether or not the ordinance is codified; and

"Voluntary compliance agreement"

An act or omission contrary to the conditions of any permit issued pursuant to any such ordinance, or a notice and order or stop work order issued pursuant to this title.

(14)

means a stipulated agreement between Lewis County and the responsible party where Lewis County agrees to refrain from issuing a citation, and filing it with the court, for existing violations on a responsible party's property in exchange for the responsible party stipulating to the violation's existence and agreeing that they will remediate the violation in an agreed upon time frame.

(Ord. 1363 (Exh. A), 2025)

§ 1.20.040 Guidelines regarding responses to potential violations.

It is the county's policy to investigate and to attempt to resolve all potential code violations. However, at times when not all potential violations can be investigated due to lack of resources, the county shall prioritize investigation and enforcement of violations that:

Present an imminent threat to public health and safety;

Impact critical areas;

Consist of ongoing nonpermitted construction or ongoing failure to obtain permits for construction; or

Do not comply with stated conditions of approval when such noncompliance presents a threat to public health and safety or affects critical areas.

Violations that do not fit within the previous categories, and have minor public impacts, shall be investigated only when the county has sufficient resources to conduct enforcement and in the order received.

(Ord. 1363 (Exh. A), 2025)

§ 1.20.050 Notices and orders.

This chapter provides the procedure for enforcing and investigating suspected violations of county ordinances. The procedure created by this chapter is civil in nature and subject to the Infraction Rules for Limited Jurisdiction Courts.

Investigations and Evidence.

An authorized official may investigate alleged or apparent violations of the ordinances and codes referenced in LCC § 1.20.020.

The authorized official shall provide, in writing, letter of inquiry to the responsible party stating the exact nature of the potential violation, applicable code references, steps to investigate the potential violation and potential penalties or fines. If there are timelines associated with compliance, those shall be stated in the letter of inquiry.

The authorized official may use any publicly available information as evidence.

The authorized official may obtain photographs, digital images, video images or audio recordings from the location of a public rights-of-way or water of the state, or from adjacent properties with permission of the property owner.

Any entry made to private property for the purpose of inspection for code violations shall be accomplished in strict conformity with constitutional and statutory constraints on entry.

The authorized official may enter upon property or premises to determine whether Lewis County codes are being obeyed, and to make any examinations, surveys, and studies as may be necessary in the performance of his or her duties. These may include but are not limited to the taking of photographs, digital images, videotapes, video images, audio recordings, samples, or other physical evidence.

All inspections, entries, examinations, studies, and surveys shall be done in a reasonable manner. If the property is occupied, the authorized official shall ask permission of the occupants before entering the property. If an owner, occupant, or agent refuses permission to enter or inspect, the authorized official may seek an administrative or criminal search warrant.

The prosecuting attorney may request that a district court or superior court of competent jurisdiction issue an administrative search warrant and when executed a copy of the search warrant shall be left on the property or the premises searched.

Upon request of the authorized official, the responsible party alleged or apparently in violation of this chapter shall provide information identifying themselves. Willful refusal to provide information identifying a responsible party as required by this section is a misdemeanor.

Notice of Violation.

Whenever an authorized official determines that a violation has occurred, or is occurring, they may pursue reasonable attempts to secure voluntary corrections, failing which they may issue a notice of infraction.

An authorized official may issue a notice of violation if either the provisions of the codes referenced in LCC § 1.20.020 have been violated in the official's presence, or if the official has probable cause to believe, and does believe, that a referenced code provision has been violated. A notice of violation may be served to the responsible party either by:

The authorized official serving the notice of violation to the responsible party in the notice of violation at the time of issuance either personally or by certified mail; or

The authorized official filing the notice of violation with the court, in which case the court shall have the notice served either personally or by mail, postage prepaid, on the person named in the notice of violation at their address.

The notice of violation shall contain the following:

The authorized official has determined that the violation has been committed by the responsible party and that the determination is final unless contested, as provided in this chapter;

The violation is a noncriminal offense, not punishable by imprisonment;

The specific violation which the responsible party is alleged to have committed and the accompanying statutory citation, the date and place of the violation, the date the notice was issued, and the authorized official;

(iv)

The monetary penalties established for each violation;

(v)

The necessary remedies or mitigation to rectify the violation;

(vi)

The options and corresponding procedures provided in this chapter for responding to the notice;

(vii)

That the responsible party has the right to contest or mitigate the violation and details to request a hearing or appeal;

(A)

That at any hearing or appeal to contest the determination that a violation has occurred, the county has the burden of proving, by a preponderance of the evidence, that the violation was committed; and that the responsible party may subpoena witnesses, including the authorized official who issued and served the notice of violation;

(B)

That at a hearing to mitigate the violation, the responsible party will only have the opportunity to explain the circumstances of the violation and may not contest that they committed an infraction but may not contest the violation;

(viii)

A promise requiring the responsible party's signature that the responsible party will respond to the notice of violation in one of the ways provided in this chapter and within the time required. That refusal to sign and respond to the notice of violation is a misdemeanor and may be punished by a fine and/or imprisonment in jail;

(ix)

That each day the violation continues may be considered a separate violation; and

(x)

The failure to mail a response, within 15 days of the date of the notice, or 18 days from the date mailed if service is by mail, forfeits the responsible party's right to contest the violation at a hearing.

Determination Violation Committed. Unless contested in accordance with this chapter, the notice of violation represents a determination that the responsible party to whom the notice was issued committed the violation. A notice shall not be insufficient for failure to give a definite statement of the essential facts of a violation or any other defects that do not prejudice the substantial rights of the defendant.

Stop Work Order. An authorized official may issue a stop work order, as a standalone notice or in conjunction with a notice of inquiry or notice of violation, if they have determined such an order is necessary to protect public health and safety or the environment.

Response by the Responsible Party.

The responsible party shall respond to the notice, either by mail or in person, within 15 days of the date the notice was served, or 18 days from date mailed if service is by mail.

The acceptable responses are limited to:

Initiating the process to complete any remedies as stated in the notice of violation; or

Requesting a hearing or appeal to contest the violation pursuant to this section and LCC § 1.20.060.

If a responsible person served with a notice of violation fails to respond to the notice of violation as provided in subsection (5) of this section the authorized official shall charge a penalty of not more than $250.00 for every day during any portion of which the violation occurs. The authorized official may notify the prosecuting attorney of the failure to respond and may seek additional enforcement options as allowed by local, state or federal law.

(7)

Failure to Sign.

Any responsible party who fails to sign a notice of violation or fails to pay a monetary penalty is guilty of a misdemeanor.

Any responsible party willfully violating their written and signed promise to respond to a notice of violation is guilty of a misdemeanor, regardless of the disposition of the notice of violation; however, appearance of counsel shall satisfy the person's obligation to respond.

(8)

Representation by Attorney.

Any responsible party subject to proceedings under this chapter may appear or be represented by counsel.

§ 1.20.060 Contesting a notice of violation.

The prosecuting attorney representing the county may, but need not, appear in any proceedings under this chapter, notwithstanding any statute or court rule to the contrary.

(Ord. 1363 (Exh. A), 2025)

Unfit Structures.

A responsible party may contest a notice of violation related to an unfit structure by appealing the notice of violation, which is an administrative decision, to the Lewis County hearing examiner pursuant to LCC § 2.25.130 and § 2.25.140.

Unfit structures are those that pose an imminent threat to public health or safety, including an unpermitted structure that otherwise would require a building permit and has not been inspected to confirm that such a structure meets the requirements Chapter 15.05 LCC.

A structure may also be determined to be unfit if located within a shoreline jurisdiction, pursuant to Chapter 17.25 LCC, or critical area, pursuant to Chapter 17.38 LCC.

Other Violations.

The responsible party may request a hearing in district court to contest the notice of violation. Within 14 days of requesting a hearing, the court shall notify the person in writing of the time, place, and date of the hearing. That date shall not be earlier than 14 days nor more than 120 days from the date of the notice of the hearing, except by agreement. A notice issued by the district court shall also advise the person requesting a hearing of the person's right to subpoena witnesses and that failure to either appear at a hearing or pay the penalty may be a crime for which the person may be arrested and may prevent the person from obtaining any county permits.

A hearing held to contest the determination that a violation has been committed shall be without a jury.

The court may consider the notice of violation and any sworn statements submitted by the authorized representative who issued and served the notice in lieu of his/her personal appearance at the hearing. The responsible party named in the notice may subpoena witnesses, including the authorized official who issued and served the notice, and has the right to present evidence and examine witnesses present in court. Upon demand, the county shall provide the responsible party with a list of witnesses and the authorized official's sworn statement. Subpoenas and discovery demands shall conform to Rule 3.1(a) and (b) of the Infraction Rules of Courts of Limited Jurisdiction, as hereafter amended.

The burden of proof is on the county to establish the commission of the violation by a preponderance of evidence.

After consideration of the evidence and argument, the court shall determine whether the violation was committed. If it has not been established that the violation was committed, an order dismissing the notice shall be entered in the court's records. If it has been established that a violation has been committed, an appropriate order shall be entered in the court's records.

(iv)

The monetary penalty stated in LCC § 1.20.070 shall be paid immediately upon determination that a violation has occurred. If the responsible party is unable to pay at the time, the court may grant an extension of the period of time 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 prosecuting attorney of the failure to pay. The court shall notify the appropriate county department(s) of the failure to pay the penalty, and the department(s) shall not issue the person any future permits for any work until the monetary penalty has been paid. The court may waive, reduce, or suspend the monetary penalty prescribed for the violation.

(v)

The court may also impose attorney fees and/or order a responsible party found to have committed a violation to make restitution, including the county's enforcement costs. If restitution is ordered, the court shall set a minimum monthly payment that the responsible party is required to make towards restitution. The court should take into consideration the total amount of the restitution owed, the offender's future ability to pay, as well as any assets that the offender may have.

(vi)

An appeal from the court's determination to order shall be to the superior court in the manner provided by the Rules for Appeal of Decisions of Court of Limited Jurisdiction.

(vii)

If the responsible party fails to appear at a hearing requested pursuant to LCC § 1.20.050(5), then the court shall enter a default judgment assessing the monetary penalty prescribed for the violation.

Explanation of Mitigating Circumstances.

A hearing for the purpose of allowing a responsible party to explain mitigating circumstances surrounding the commission of a violation shall be an informal proceeding. The responsible party may present witnesses, but may not subpoena witnesses. The determination that a violation has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances. A responsible party may be represented by a lawyer at a mitigation hearing.

After the court has heard the explanation of the circumstances surrounding the commission of the violation, an appropriate order shall be entered in the court's record.

There shall be no appeal from the court's determination or order under this section.

Monetary Penalties - Restitution.

A person found to have committed a civil infraction shall be assessed a monetary penalty. All violations of this title shall be denominated Class 2 civil infractions under Chapter 7.80 RCW, unless otherwise specified in the particular Lewis County Code chapter violated. The maximum penalty and default amount for a Class 2 civil infraction shall be $125.00, not including statutory assessments.

A court shall assess a Class 1 monetary penalty under Chapter 7.80 RCW for the second and each succeeding violation of the same ordinance that a person commits within 12 months. The maximum penalty and default amount for a Class 1 civil infraction shall be $250.00, not including statutory assessments.

Costs and Attorney's Fees. Each party in a violation case is responsible for court costs incurred by that party, but the court may assess witness fees against a nonprevailing respondent. Attorney fees may be awarded to either party in a violation infraction case.

Interpretation. This civil enforcement section shall be interpreted consistently with the Infraction Rules for Courts of Limited Jurisdiction and Chapter 7.80 RCW. The Infraction Rules for Courts of Limited Jurisdiction shall control all procedural matters not covered by this chapter. All other matters shall be controlled by Chapter 7.80 RCW.

(Ord. 1363 (Exh. A), 2025)

§ 1.20.070 Penalty and fine.

Unless otherwise specifically provided for, any responsible party violating any provision or failing to comply with any mandatory requirement of the laws, resolutions or ordinances of Lewis County shall be guilty of a misdemeanor.

Any responsible party convicted of a misdemeanor under the laws, resolutions or ordinances of Lewis County shall be punished by a fine of not more than $250.00 per day and/or be incarcerated for a period not to exceed 90 days. Each responsible party shall be guilty of a separate offense for each and every day during any portion of which any violation of the provision of the laws, resolutions or ordinances of Lewis County is committed, continued or permitted by any such person and shall be punished accordingly.

Failure to Pay Fines, Costs.

If the responsible party neglects or refuses to satisfy judgment and costs of suit, they shall be confined in the county jail or other place of confinement provided for that purpose until the fine and costs adjudged against them are paid. During such confinement they may be required to do work for the county under the supervision and direction of the Lewis County sheriff. Execution shall be issued immediately upon the rendition of judgment.

The amount of fine and costs owing by any responsible party ordered into custody in the county jail until the fine and costs adjudged against them are paid shall be reduced by $40.00 for every day that responsible party performs labor as provided in RCW 10.82.040 and $30.00 for every day the responsible party does not perform such labor while imprisoned.

(Ord. 1363 (Exh. A), 2025)

§ 1.20.080 Lien.

The authorized official may record a lien against the subject property after assessed penalties or fines have remained unpaid for 90 calendar days after they became due.

The lien shall run with the land and shall accrue interest at six percent per annum from the date of recording the lien until paid in full.

The lien shall contain a reference to the notice and order, a description of the property to be charged with the lien, the owner of record, and the total amount of the lien.

No lien for penalties and/or costs shall be recorded against the subject property if the landowner of the subject property has affirmatively demonstrated that the action which resulted in the violation was taken without the landowner's knowledge.