It is imperative that certain town of Yarrow Point Municipal Code provisions are properly enforced. To better accomplish this goal, the town of Yarrow Point has designated certain violations of this code to be civil infractions pursuant to RCW 7.80.010(5). The purpose of this chapter is remedial. Use of the civil infraction procedure, as set forth in this chapter, will better protect the public from the harmful effects of certain violations of this code, will aid and streamline enforcement, and will reimburse the town for the expenses of enforcement.
(Ord. 751 § 2 (Exh. A), 2024)
For the purposes of this chapter, all terms shall have the meaning as defined by YPMC § 1.08.020, unless specifically defined herein:
A. 
"Civil infraction"
shall mean a violation of this code for which a monetary penalty may be imposed under this chapter. Each day or portion thereof during which a violation occurs or exists shall be deemed a separate civil infraction. Traffic and vehicle violations pursuant to YPMC Title 10 are specifically excluded from the application of this chapter.
B. 
"Town"
shall mean the town of Yarrow Point.
C. 
"Hearing examiner"
shall mean the office of the town of Yarrow Point hearing examiner created pursuant to Chapter 17.28 YPMC.
D. 
"May"
is optional and permissive and does not impose a requirement.
E. 
"Person responsible" or "responsible person"
means the owner, occupier, tenant, manager, agent or other person who caused or is causing the code violation under this chapter or other regulation.
F. 
"Town attorney"
shall mean the Yarrow Point town attorney or designee.
G. 
"Shall"
is mandatory and imposes a requirement.
(Ord. 751 § 2 (Exh. A), 2024)
This chapter applies to any violations of:
A. 
Chapter 3.04 YPMC, Sales and Use Tax;
B. 
Chapter 3.08 YPMC, Supplemental Sales and Use Tax;
C. 
Chapter 3.12 YPMC, Real Estate Excise Tax;
D. 
Chapter 3.16 YPMC, Utilities Tax;
E. 
Chapter 5.10 YPMC, Peddler and Solicitation Activities;
F. 
Chapter 7.14 YPMC, Special Events;
G. 
Chapter 8.04 YPMC, Nuisance Control Code;
H. 
Chapter 8.06 YPMC, Public Noise Disturbances;
I. 
Chapter 8.20 YPMC, Outdoor Burning;
J. 
Chapter 8.28 YPMC, Herbicide Restrictions;
K. 
Chapter 8.32 YPMC, Fireworks;
L. 
YPMC Title 11, Harbors;
M. 
Chapter 12.08 YPMC, Damaging or Littering Streets;
N. 
Chapter 12.12 YPMC, Utility Undergrounding;
O. 
Chapter 12.20 YPMC, Road End Beach;
P. 
Chapter 12.26 YPMC, Public Property Tree Code;
Q. 
Chapter 12.30 YPMC, Construction Activities and Parking Plan;
R. 
Chapter 13.04 YPMC, Public Utility Franchises;
S. 
Chapter 13.08 YPMC, Sewer Connections;
T. 
YPMC Title 17, Zoning; and
U. 
YPMC Title 20, Site Development Code.
(Ord. 751 § 2 (Exh. A), 2024)
A. 
A notice of civil infraction represents a determination that a civil infraction has been committed. The determination is final unless contested as provided for in this chapter.
B. 
A notice of civil infraction shall contain the following:
1. 
The name and address of the person being cited;
2. 
The street address or other description that is sufficient to identify the location of the violation;
3. 
A statement of each code section or requirement violated;
4. 
The date of the violation;
5. 
A statement that the monetary penalty established for the civil infraction is $700.00;
6. 
A statement that the person named in the notice of civil infraction shall respond within 14 days after the notice of civil infraction was served;
7. 
A statement of the options to respond and the procedures to exercise these options;
8. 
A statement that the notice of civil infraction represents a final decision, unless contested as provided for in this chapter;
9. 
A certified statement by the town representative setting forth facts supporting the infraction;
10. 
A certified amount of the costs associated with assessing the civil infraction, if any; and
11. 
Other pertinent information, as determined by the town.
C. 
The town representative may amend the notice of civil infraction at any time to correct clerical errors or to cite additional authority for a stated violation.
D. 
The town representative may withdraw a notice of civil infraction at any time if it was issued in error.
E. 
The notice of civil infraction shall be served upon persons responsible for a violation by one of the methods prescribed in YPMC § 1.08.060(E).
(Ord. 751 § 2 (Exh. A), 2024; Ord. 782 § 5, 2026)
A. 
A person named in a notice of civil infraction shall respond to the notice by one of the following methods:
1. 
Pay the fine, in which case the record shall show the person named has committed the violation; or
2. 
Request a mitigation of the fine, in which case the person named agrees they committed the violation, but wants to present mitigating circumstances in determining the fine; or
3. 
Request a contested hearing and appeal the issuance of the infraction and fine.
B. 
When requesting a mitigation of the fine, or a contested hearing, the person named in the notice of civil infraction shall make the request in writing and include an address and contact information where notices should be sent. The request shall include the applicable information as specified in YPMC § 1.10.080 or § 1.10.090.
C. 
A response to a notice of civil infraction shall be received by the town no later than 14 days after the date the notice of civil infraction was served. The response shall be delivered by mail or by hand to the address listed on the notice of civil infraction.
D. 
Failure to respond to the notice of civil infraction within the specified time period shall result in a final order being entered that the person named in the notice of civil infraction committed the civil infraction stated and that the fine specified shall be assessed.
E. 
Payment of a fine shall not relieve the person named in the notice of civil infraction of the responsibility to cure, abate or stop the violation.
F. 
A request for a contested hearing shall not stay further enforcement action, or relieve the person responsible for the civil infraction from correcting the civil infraction.
(Ord. 751 § 2 (Exh. A), 2024)
A. 
Procedures for the conduct of all hearings provided in this chapter may be established by the town.
B. 
Any person subject to proceedings under this chapter may be represented by legal counsel.
C. 
The attorney representing the town may appear in any proceeding under this chapter but need not appear, notwithstanding any statute or rule of court to the contrary.
(Ord. 751 § 2 (Exh. A), 2024)
A. 
If a person named in a notice of civil infraction responds with a request for a contested hearing, they shall specify the reason why the cited civil infraction did not occur, or why the person named in the notice of civil infraction is not responsible for the violation.
B. 
The hearing examiner shall hold a hearing within 60 days after the town's receipt of the response.
C. 
Notice of the time, place, and date of the hearing shall be sent by first class mail at least 10 days prior to the date of the hearing to the address provided in the response.
D. 
A contested hearing shall be conducted as an open record hearing in accordance with the rules set forth by the hearing examiner and supplemented by this chapter.
E. 
Each party to the hearing shall be allowed to:
1. 
Call, examine and cross-examine witnesses on any matter relevant to the issues of the hearing, subject to reasonable limitation by the hearing examiner;
2. 
Offer evidence;
3. 
Rebut evidence; and
4. 
Represent themselves or be represented by anyone of their choice who is lawfully permitted to do so.
F. 
The certified statement or declaration submitted by the town representative shall be prima facie evidence that the stated violation occurred, and that the person named is responsible. The certified statement or declaration of the town representative and any other evidence accompanying the report shall be admissible without further evidentiary foundation.
G. 
The person named in the notice of civil infraction may rebut the town's evidence and establish that the cited violation did not occur or that the person named is not responsible for the violation.
H. 
The hearing examiner shall consider the evidence and testimony presented at the hearing and based on this information shall reverse or affirm the civil infraction and/or fine in whole or in part. The hearing examiner's decision shall be issued within 15 days following the close of the hearing.
I. 
The hearing examiner's decision is a final order pursuant to YPMC § 1.10.100. Any judicial review shall be commenced in King County superior court within 21 days in accordance with RCW 36.70C.040.
J. 
Whenever an enforcement action is affirmed or substantially upheld on appeal, the hearing examiner shall assess to the appellant the amount of the costs incurred by the town and the examiner in litigating and processing the appeal before the hearing examiner. These costs shall, without limitation, include those expenses incurred in preparing for the appeal, issuing public notice as required under the code or examiner's rules, general clerical expenses, staff, witness and examiner preparation time, site inspections, town attorney costs, including fees paid to outside counsel and consultants needed to prosecute the appeal, and other expenses incurred by the town arising from the enforcement action and/or violation. Town litigation costs may be waived in whole or in part by the town representative if the responsible person has corrected or remedied the alleged violation at least 30 working days prior to the scheduled appeal hearing date and the town representative has verified in writing the adequacy of the corrective action. Accrued fines and penalties to the date of verified correction or remedy shall not be waived.
K. 
A copy of the decision shall be sent to the person named in the notice of civil infraction and any party requesting in writing a copy of the decision.
(Ord. 751 § 2 (Exh. A), 2024)
A. 
If a person named in a notice of civil infraction responds with a request for a mitigation of the fine, the person shall include a written explanation of the circumstances why the fine should be reduced.
B. 
By requesting a mitigation of the fine, the person named in the notice of civil infraction agrees to waive the right to appeal the civil infraction and final determination of the fine.
C. 
The mayor, after considering the written explanation of the circumstances, may reduce the fine by not more than 50 percent; provided, that the person named in the notice of civil infraction has:
1. 
If applicable, corrected the civil infraction with the 14 days set forth in YPMC § 1.10.060.
2. 
Contacted the town representative to verify that the civil infraction has been corrected.
D. 
The person named in the notice of civil infraction has the burden of proof to demonstrate the civil infraction has been corrected.
E. 
The mayor's decision to mitigate a fine shall be based on an evaluation of individual circumstances including:
1. 
Severity of the violation;
2. 
Repeat violations;
3. 
The public interest being protected; and
4. 
The responsiveness to correct, abate, or stop the violation.
F. 
The decision to mitigate the fine shall be made in writing. A copy of the decision shall be sent to the person named in the notice of civil infraction and any other party who requests in writing a copy of the decision.
(Ord. 751 § 2 (Exh. A), 2024)
A. 
A final order constitutes a final determination that a violation has occurred, the person named is responsible for the violation, and administrative options to contest the decision are exhausted.
B. 
If after any order duly issued by the town representative or hearing examiner becomes final, and the person to whom the order is directed does not obey the order, including refusal to pay monetary penalties assessed under the order, the town may:
1. 
Cause such person to be prosecuted under the provisions of this chapter;
2. 
Institute appropriate action to collect monetary penalties in accordance with the provisions of this chapter;
3. 
Abate the violation in accordance with provisions of this chapter and state law;
4. 
Pursue other reasonable remedies as allowed by law.
(Ord. 751 § 2 (Exh. A), 2024)
Any person responsible for a civil infraction under this code may be assessed costs as provided in this section.
A. 
Costs for Enforcement Actions, Investigations and Corrections. The town representative may assess the town's costs and expenses, including attorney fees, for any enforcement actions, investigations, and corrective actions taken under this chapter.
B. 
Damages. In addition to any penalties or costs that may be imposed, any person violating or failing to comply with any of the provisions of this code shall be liable for all loss or damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to the violation. Administrative costs will be charged as 15 percent of the total amount of liability for costs, expenses, losses, or damages to the town occasioned thereby. This clause does not establish a cause of action that may be asserted by any party other than the town. Penalties, damage, costs, and expenses may be recovered only by the town.
(Ord. 751 § 2 (Exh. A), 2024)
A person who willfully fails to appear at a requested contested hearing or to pay a monetary penalty as required by a hearing examiner under this chapter may be found in contempt of the hearing examiner as provided in Chapter 7.21 RCW.
(Ord. 751 § 2 (Exh. A), 2024)
No provision or term used in this chapter is intended to impose any duty upon the town or any of its officers or employees which would subject them to damages in a civil action.
(Ord. 751 § 2 (Exh. A), 2024)