(1) Issuance and Abatement.
(a) When the director determines that a nuisance, as defined in JCC §
19.10.015(36), has occurred or is occurring and is unable to secure compliance after an attempt for voluntary compliance or a notice of violation under JCC §
19.15.010, the director may issue a notice of violation and order of abatement to the person responsible. The notice and order permits Jefferson County to abate the nuisance, usually by removing or rectifying of the nuisance.
(b) Under the following circumstances the director may issue a notice of violation and order of abatement without having attempted to secure voluntary compliance after a notice of violation:
(i) When an emergency exists;
(ii) When a repeat violation occurs;
(iii) When the nuisance creates a situation or condition which cannot be corrected;
(iv) When the person responsible knew or reasonably should have known that the action was a civil code violation; or
(v) When the person responsible cannot be contacted when reasonable attempts to contact the person have failed or the person refuses to communicate or cooperate with the county in correcting the nuisance.
(c) Content. The notice of violation and order of abatement shall include the following:
(i) The name and address of the person responsible;
(ii) The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance has occurred or is occurring;
(iii) A description of the nuisance and a reference to the provision(s) of the county regulation(s) which has been allegedly violated;
(iv) The required corrective action and a date and time by which the correction must be completed and, after which, the county may abate the nuisance in accordance with JCC §
19.10.025;
(v) A statement that the costs and expenses of abatement incurred by the county pursuant to JCC §
19.30.020, and a monetary penalty in an amount per day for each nuisance as specified in JCC §
19.30.010, may be assessed against the person to whom the notice of violation and order of abatement is directed; and
(vi) A statement that administrative appeal rights to the hearing examiner may be available under JCC §
19.40.015.
(d) Extensions. Extensions of the time specified in the notice and order of abatement may be granted at the discretion of the director upon a showing of good cause. The director may only consider as good cause:
(i) Substantial completion of necessary correction;
(ii) Unforeseeable circumstances not caused by the person so as to make completion impossible by the date established; or
(iii) Procedural requirements for obtaining a permit to carry out the corrective action.
(2) Summary Abatement.
(a) When the director determines that a nuisance, as defined in JCC §
19.10.015(36), has occurred or is occurring and constitutes an emergency, the director may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible as soon as reasonably possible after the abatement, consistent with JCC §
19.10.050.
(i) The person responsible shall bear the costs and expenses of abatement incurred by the county pursuant to JCC §
19.30.020 after service upon the person responsible of the notice of violation and order of abatement. A monetary penalty in an amount per day for each nuisance as specified in JCC §
19.30.010 may be assessed against the person to whom the notice of violation and order of abatement is directed.
(b) No right of action shall lie against the county or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate adverse impacts to the public health and safety, but neither shall the county be entitled to recover any costs incurred for summary abatement until service upon the person responsible of the notice of violation and order of abatement.
(Ord. 9-20 § 1 (Appx. A))