TITLE 26 Code Enforcement Attachment B

Attachment B – (Disclaimer: many paragraphs, sentences and words have been struck out but did not translate to this copy. correction to this will be made at a latter time).Download pdf file  title-26-attch-B

Page 1 Attachment B

All sections of the Thurston County Code (TCC) must be updated to add references to the new Code Enforcement Title and amend references that refer to the new Title for Code Enforcement.

Amendments in this attachment include changes to the following Titles and Chapters:

Titles 14, 19, 20, 21, 22, 23 and 24 and Chapters 13.56, 13.60, 15.05, 15.09 through 15.11, 17.09, 17.15, 17.20, 17.25, 17.30, and 18.48.

A. The table of contents for Chapter 13.56 TCC is hereby amended to read as follows:

Sections:

13.56.400 Violations and penalties enforcement.

B. Section 13.56.190 TCC is hereby amended to read as follows:

5. Upon the owner’s failure to accomplish such work, the county or other governmental agencies may perform or cause the performance of such work at the owner’s expense to be reimbursed within thirty days after receipt of a written invoice or take compliance action pursuant to Section 13.56.400 Violations and Penalties Title 26 TCC. Following relocation, removal and/or alteration, all affected property shall be restored to, at a minimum, the condition which existed prior to construction and to the county’s satisfaction, by the owner at their expense. Notwithstanding the requirements of this section, an owner may request additional time to complete a relocation project. The director may grant a reasonable extension if, in his or her sole discretion, the extension will not adversely affect the public project.

C. Section 13.60.050 TCC is hereby amended to read as follows:

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B. Civil infractions. The violation of any provision of Chapters 13.60 through 13.92 is designated as a Class 1 Civil Infraction pursuant to Chapter 7.80 RCW and subject to the provisions of Title 26 TCC.

D. The table of contents for Title 14 TCC is hereby amended to read as follows:

Chapters:

Chapter 14.21 Civil infractionsViolations and enforcement.

E. Section 14.17.060 TCC is hereby amended to read as follows:

[A] 114.4 Violation penalties. The violation of International Building Code [A] 105.1 (building without a permit); Thurston County Code Chapter 14.37 (grading) or International Building Code section 3408 (change in use or character of occupancy) shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26 Chapter 14.21 Thurston County Code.

Any violation of International Building Code [A] 110.1 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation.

Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules. Notwithstanding the existence or use of any other remedy, the building official may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of the Thurston County Building Code or other regulations herein adopted.

F. Section 14.18.060 TCC is hereby amended to read as follows:

Section R113.4 Violation penalties. The violation of International Residential Code R105.1 (building without a permit); Thurston County Code Chapter 14.37 (grading) or International Building Code section 3408 (change in use or character of occupancy) shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26 Chapter 14.21 Thurston County Code.

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26 Chapter 14.21 Thurston County Code.

Any violation of International Building Code [A] 110.1 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation.

Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules. Notwithstanding the existence or use of any other remedy, the building official may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of the Thurston County Building Code or other regulations herein adopted.

F. Section 14.18.060 TCC is hereby amended to read as follows:

Section R113.4 Violation penalties. The violation of International Residential Code R105.1 (building without a permit); Thurston County Code Chapter 14.37 (grading) or International Building Code section 3408 (change in use or character of occupancy) shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26 Chapter 14.21 Thurston County Code.

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Any violation of International Residential Code R109.4 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules.

G. Section 14.19.060 TCC is hereby amended to read as follows:

Section [A] 113.4 Violation penalties. Any person who violates a provision of this code or fails to comply with any of the requirements thereof or who repairs or alters or changes the occupancy a building or structure in violation of the approved construction documents or directive of the code official or of a permit or certificate issued under the provisions of this code shall be subject to penalties as prescribed by law. The violation of International Existing Building Code [A] 105.1 (building without a permit) or Thurston County Code Chapter 14.37 (grading) shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26Chapter 14.21 Thurston County Code.

Any violation of the International Existing Building Code [A] 109.1 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules.

H. Section 14.21.010 TCC is hereby re-titled and amended to read as follows:

14.21.010 Purpose Enforcement authority.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

It is imperative that Thurston County Code Title 14 regulations governing the construction of buildings and grading of land be properly enforced. To better accomplish this goal, the Thurston County board of commissioners has designated certain violations of Thurston County Code Title 14 to be civil infractions pursuant to Chapter 7.80 RCW. The purpose of this action is remedial. Use of the civil infraction procedure will better

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protect the public from the harmful effects of violations, will aid enforcement, and will help reimburse the county for the expenses of enforcement.

I. Section 14.21.020 TCC is hereby repealed.

J. Section 14.21.040 TCC is hereby repealed.

K. Section 14.21.050 TCC is hereby repealed.

L. Section 14.21.060 TCC is hereby repealed.

M. Section 14.21.070 TCC is hereby repealed.

N. Section 14.32.050 is hereby amended to read as follows:

[A] 109.3 Violation Penalties. Persons who shall violate a provision of this code or shall fail to comply with any of the requirements thereof or who shall erect, install, alter, repair or do work in violation of the approved construction documents or directive of the fire code official, or of a permit or certificate used under provisions of this code, shall be guilty of a misdemeanor, punishable by a fine of not more than one thousand dollars or by imprisonment not exceeding ninety days, or both such fine and imprisonment. Such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this Code is committed, continued, or permitted. Violations shall be prosecuted through Title 26 Thurston County Code Chapter 14.21.

O. Section 14.34.050 is hereby amended to read as follows:

C110.2 Violation penalties. The violation of the International Energy Conservation Code – Commercial shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26Chapter 14.21 Thurston County Code.

Any violation of International Energy Conservation Code – Commercial C104 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules. Notwithstanding the existence or

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use of any other remedy, the building official may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of the Thurston County Building Code or other regulations herein adopted.

P. Section 14.35.050 is hereby amended to read as follows:

R110.2 Violation penalties. The violation of the International Energy Conservation Code – Residential shall be designated as a class 1 civil infraction pursuant to Chapter 7.80 RCW and Title 26Chapter 14.21 Thurston County Code.

Any violation of International Energy Conservation Code – Residential R104 (forgoing inspections) shall be designated as a class 2 civil infraction pursuant to Chapter 7.80 RCW.

Each day of any such violation is a separate civil infraction. A notice of infraction may be issued for each day of any such violation; however, the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, Chapter 14.21 TCC as amended, Title 26 TCC, and any applicable court rules. Notwithstanding the existence or use of any other remedy, the building official may seek legal or equitable relief to enjoin any acts or practices and abate any conditions which constitute or will constitute a violation of the Thurston County Building Code or other regulations herein adopted.

Q. Section 15.05.020 is hereby amended to read as follows:

C. Determination of Civil Infractions. Violations of the provisions of this chapter, including the manual standards, are designated as civil infractions pursuant to Chapter 7.80 RCW and Title 26 TCC. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, as amended, Title 26 TCC, and any applicable court rules. Pursuant to RCW 7.80.120 each person found to have committed a civil infraction shall be assessed a monetary penalty based on the class of infraction. Maximum penalties (not including any statutory assessments) are as follows: Class 1 equals two hundred fifty dollars; Class 2 equals one hundred twenty-five dollars; Class 3 equals fifty dollars; Class 4 equals twenty-five dollars.

R. Section 15.09.300 is hereby amended to read as follows:

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

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A. Any person who violates or fails to comply with any provision of this chapter shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine in a sum not to exceed five hundred dollars for each violation.

B. Industrial dischargers who violate TCC 15.09.060 shall be subject to the following civil penalties:

1. A user, which has violated, or continues to violate a provision of this Section 15.09.060 including a pretreatment standard or requirement, or a permit or order issued hereunder shall be liable to the county for a maximum civil penalty of ten thousand dollars per violation, per day. In the case of a monthly or other long-term average discharge limit, penalties shall accrue for each day during the period of the violation.

2. The county may recover reasonable attorney’s fees, court costs, and other expenses associated with any emergency response, enforcement activities, additional monitoring and oversight, and cost of any actual damages to the county.

3. Filing a suit for civil penalties shall not be a bar against, or a prerequisite for, any other action the county may take to resolve noncompliance by a user.

C. The prosecuting attorney is authorized to bring actions by any appropriate means to enforce the provisions of this chapter.

S. Section 15.10.300 is hereby amended to read as follows:

B. The prosecuting attorney is authorized to bring actions by any appropriate means to enforce the provisions of this chapter including enforcement under Title 26 TCC.

T. Section 15.11.070 is hereby amended to read as follows:

B. The prosecuting attorney may bring such actions as are deemed necessary to prevent the violation of and compel compliance with the provisions of the chapter including enforcement under Title 26 TCC.

U. The table of contents for Chapter 17.09 TCC is hereby amended by adding the following section:

17.09.200 Violations and enforcement. Attachment B – Page 7

V. A new section, Section 17.09.200 TCC is hereby added to Chapter 17.09 TCC as follows:

17.09.200 Enforcement authority.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC or 197-11 WAC, as applicable.

W. The table of contents for Chapter 17.15 Part 400 Administrative Actions is hereby amended to read as follows:

17.15.430 Administrative actions Enforcement Violations and enforcement.

17.15.435 Administrative actions – Violations.

17.15.440 Administrative actions – Misdemeanor penalty.

X. Section 17.15.430 TCC is hereby re-titled and amended to read as follows:

17.15.430 Administrative actions – Enforcement Violations and enforcement.

Violations of this Chapter shall be enforced through the provisions of TCC Title 26 TCC.

A. Adherence to the requirements of this chapter and to any permit conditions or orders issued pursuant to this chapter is required throughout the construction period and thereafter.

B. Each violation of this chapter or of any permit, permit condition, or order issued pursuant to this chapter is a separate offense. Each day in which such a violation is not remedied is a separate and distinct violation.

C. If the review authority determines that a violation has occurred, the review authority may:

1. Issue a stop work order to halt any activity which is in violation of this chapter. The stop work order shall set forth the following terms and conditions:

a. A description of the specific nature, extent, and time of violation and the damage or potential damage, and

b. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time;

2. Issue a restoration order for complete or partial restoration of the critical area by the person or agent responsible for the violation who may not be the property owner;

3. Issue a civil infraction under TCC Section 17.15.435; or

4. Request that the prosecuting attorney commence a criminal prosecution, seek a temporary restraining order or seek equitable relief to enjoin any act or practices and abate any conditions which constitute or will constitute a violation to this chapter.

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D. The stop work or restoration order shall become effective immediately upon receipt by the person to whom the order is directed.

E. Failure to comply with the terms of a stop work or restoration order may result in additional enforcement actions including, but not limited to, the issuance of a civil infraction, or referral to the prosecuting attorney to seek equitable or injunctive relief or for criminal prosecution.

F. All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator.

G. No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section. For purposes of this section, a land use violation is any violation of the Thurston County Critical Areas Ordinance (Title 24) the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15 TCC), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 TCC), Thurston County Zoning Ordinances (Titles 20, 21, 22 and 23 TCC), Thurston County Platting and Subdivision Ordinance (Title 18 TCC), Sanitary Code for Thurston County, Shoreline Master Program for the Thurston Region or Title 14 TCC (Buildings and Construction).

A permit or approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, security in the form of a letter of credit or similar instrument shall be required unless waived by the approval authority for good cause. This section shall not apply to requests for a permit or approval to remedy a violation.

H. The owner of property on which a violation of this chapter has occurred and the persons or entities carrying out actions in violation of this chapter are each responsible and liable for the violation.

I. No use or activity listed in Tables 2 and 5 may be carried out within a critical area or its buffer until any violation of this chapter which has occurred in such critical area or buffer has been fully remedied.

Y. Section 17.15.435 TCC is hereby repealed.

Z. Section 17.15.440 is hereby repealed.

AA. The table of contents for Chapter 17.20 is hereby

amended to read as follows:

17.20.280 Civil Infractions Violations and enforcement.

BB. Section 17.20.280 TCC is hereby re-titled and amended to read as follows:

17.20.280 Civil Infractions Violations and enforcement.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

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A. Violations of the provisions of this chapter are designated as Class I civil infractions pursuant to RCW Chapter 7.80. Each day of any such violation is a separate civil infraction. However, a notice of infraction shall not be issued until the person responsible has been notified of the alleged violation and has been afforded a reasonable period of time to come into compliance. Civil infractions shall be heard and determined according to RCW Chapter 7.80, as amended, and any applicable court rules.

B. The enforcement officer for implementation of this chapter is the director of the resource stewardship department or designee.

C. An enforcement officer issuing a notice of civil infraction shall require the person receiving the notice to identify himself by producing a valid driver’s license or identicard. If the person receiving the notice is unable to produce such a card, the enforcement officer shall require the person to give name, address and date of birth. If the person is unable or unwilling to give such information, the enforcement officer may, with the assistance of a deputy sheriff, detain such person for a period of time not longer than is reasonably necessary to identify the person.

D. The resource stewardship department director is responsible for assuring county compliance with RCW 7.80.150.

E. Notice of civil infractions may be recorded with the Thurston County auditor against the property on which the violation took place in the following instances:

1. The person receiving the notice of civil infraction does not respond as required by RCW 7.80.080;

2. The person receiving the notice of civil infraction fails to appear at a hearing requested under RCW 7.80.080(3) and (4);

3. The person assessed a monetary penalty for the civil infraction fails to pay such penalty within the time required by law and does not appeal the penalty. If the penalty is appealed, the enforcement officer may record the notice of civil infraction only if a penalty remains unpaid after a final appellate determination has been entered.

F. The auditor shall record any notice of civil infraction submitted for recording under this section.

G. The purpose of this section is remedial. Use of the civil infraction procedure will better protect the public from the harmful effects of violations, will aid enforcement, and will help reimburse the county for the expenses of enforcement.

CC. The table of contents for Chapter 17.25 is hereby

amended to read as follows:

17.25.800 Enforcement Violations and enforcement.

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DD. Section 17.25.800 TCC is hereby re-titled and amended to read as follows:

17.25.800 Enforcement Violations and enforcement.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

A. Enforcement Authority.

1. The director shall have authority to enforce this chapter, any rule or regulation adopted, and any permit, order or approval issued pursuant to this chapter, against any violation. If there is a threatened violation, the director may issue a cease and desist order.

2. Enforcement actions include: civil infractions, cease and desist orders, restoration orders and judicial enforcement actions. Recourse to any single remedy shall not preclude recourse to any of the other remedies.

3. Each violation of this chapter, or any rule or regulation adopted, or any permit, permit conditions, approval or order issued pursuant to this chapter, shall be a separate offense. In cases of a violation, each day’s continuance shall be deemed to be a separate and distinct offense. Each tree cut in violation of this chapter shall constitute a separate offense.

4. Any person who violates this chapter, or any permit, order or approval issued pursuant to this chapter shall be liable for all costs, fees and expenses incurred in connection with enforcement activities.

B. Cease and Desist Orders.

1. The director may serve a cease and desist order when any person engages in any use of land, development or any activity in violation of this chapter.

2. The cease and desist order shall include the following:

a. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation;

b. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time.

3. The cease and desist order issued under this section shall become effective immediately upon service on the person to whom the order is directed or upon posting of the order in a conspicuous manner on the property.

C. Restoration Orders.

1. The director may serve a restoration order for complete or partial restoration of the site by the person responsible for any violation of this chapter.

2. The restoration order shall include the following:

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a. A description of the specific nature, extent, approximate time of the violation if known, and any damage or potential damage resulting from the violation;

b. A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time.

3. The restoration order shall include the specific corrective measures to be taken to mitigate environmental damage or restore the site and shall specify a date by which such measures must be accomplished.

4. The restoration order issued under this section shall become effective immediately upon service upon the person to whom the order is directed.

D. Compliance.

1. It is unlawful for any person to fail to comply with the terms of a cease and desist order or a restoration order. Each and every such violation shall constitute a separate violation of this chapter which may result in further enforcement actions including, but not limited to, the issuance of a civil infraction.

2. A cease and desist order or restoration order shall be appealable to the hearing examiner. Any aggrieved person may request a hearing by sending a written request for a hearing to the director within ten days of the service of such order.

3. The filing of an appeal shall operate as a stay of corrective measures required by a restoration order except where such order determines that an emergency exists, requiring immediate action to protect public health, safety or the environment. The filing of an appeal shall not operate as a stay of a cease and desist order.

E. Civil Infractions. In addition to any other remedy provided in this chapter, the director or his/her designee may issue a civil infraction pursuant to TCC Section 17.15.430 for agricultural activities governed by the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15 TCC), or a civil infraction pursuant to Chapter 24.92 TCC for all other uses governed by the Thurston County Critical Areas Ordinance (Title 24 TCC). Any violation of this chapter shall constitute a Class II civil infraction. Except where trees are removed without a required permit, such civil infraction shall be given only after the owner of the property has been given prior notice with an opportunity to cure the violation.

F. Judicial Enforcement Actions. The prosecuting attorney is authorized to commence an action at law or in equity, including an action for injunctive relief to secure compliance with this chapter.

G. Misdemeanor. Any person found to have violated any provision of this chapter or who knowingly makes a false statement, representation or certification in any application, record or other document filed or required to be maintained under this chapter, shall be guilty of a misdemeanor.

H. Permit Approval Limitations. No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section. For purposes of this

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section, a land use violation is any violation of the Thurston County Critical Areas Ordinance (Title 24 of the Thurston County Code), the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15 of the Thurston County Code), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 of the Thurston County Code), Thurston County Zoning Ordinances (Titles 20, 21, 22 and 23 of the Thurston County Code), Thurston County Platting and Subdivision Ordinance (Title 18 of the Thurston County Code), Sanitary Code for Thurston County, Shoreline Master Program for the Thurston Region or Title 14 of the Thurston County Code (Buildings and Construction).

A permit or approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, security in the form of a letter of credit or similar instrument shall be required unless waived by the approval authority for good cause. This section shall not apply to requests for a permit or approval to remedy a violation.

I. Responsible Parties. The owner of property on which a violation of this chapter has occurred, any person who engages in any activity in violation of this chapter, or any person who, through an act of commission or omission, procures, aids or abets a violation of this chapter, may be considered to have committed a violation of this chapter and may be individually responsible and liable.

EE. Section 17.30.090 is hereby amended to read as follows:

D. The violation of any provision of this chapter is designated as a Class I civil infraction pursuant to Chapter 7.80 RCW. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, as amended, Title 26 TCC and any applicable court rules.

FF. The table of contents for Chapter 18.48 TCC is hereby amended to read as follows:

Sections:

18.48.020 Violations — Penaltiesand enforcement.

18.48.040 Prosecuting attorney.

GG. Section 18.48.020 TCC is hereby re-titled and amended to read as follows:

18.48.020 Violations — Penaltiesand enforcement.

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Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

Except as provided by Section 18.04.050, any person, firm, corporation or association, or any agent of any person, firm, corporation or association, who violates any provisions of this title relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land, is guilty of a gross misdemeanor, and each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation of any provision of this title is a separate and distinct offense. Any other violation of this title shall be considered a misdemeanor and shall be punishable as provided by state law for the commission of misdemeanor.

HH. Section 18.48.040 TCC is hereby repealed.

II. The table of contents for Title 19 TCC is hereby amended by adding the following chapter:

Chapters:

Chapter 19.13 Violations and enforcement.

JJ. A new Chapter TCC 19.13 is hereby added to Title 19 TCC to read as follows:

19.13 Violations and enforcement.

KK. A new section, Section 19.13.010 TCC is hereby added to Chapter 19.13 TCC to read as follows:

Section 19.13.010 Enforcement authority.

Violations of this Title shall be enforced through the provisions of Title 26 TCC or the Shoreline Master Program for the Thurston Region, as applicable.

LL. The table of contents for Title 20 TCC is hereby amended to read as follows:

Chapters:

Chapter 20.60 Administration, Fees, Violations and Penaltiesenforcement.

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MM. Section 20.31.040 is hereby amended to read as follows:

7. Chapter 20.60, Administration, Fees, Violations and enforcementPenalties.

NN. Section 20.40.035 is hereby amended to read as follows:

15.

Political campaign signs advertising a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by ballot may be erected on any privately owned lot or parcel, excluding right-of-way. Each sign shall be removed within fifteen days after that election. For a successful candidate in a primary election, the sign may remain until the final election but shall be removed within fifteen days after that election. The candidate or committee for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in this title and Title 26 TCC;

OO. The table of contents for Chapter 20.60 TCC is hereby amended to read as follows:

Sections:

20.60.010 Title enforcementEnforcement authority.

20.60.050 Violations, civil infractions and penalties.

20.60.055 Civil infraction procedures.

PP. Section 20.60.010 TCC is hereby re-titled and amended to read as follows:

20.60.010 Title enforcementEnforcement authority.

Violations of this title shall be enforced through the provisions of Title 26 TCC.

This title shall be administered and enforced by the department, which shall have all necessary authority on behalf of the board to administer and enforce the provisions of this title. The authority shall include the ability to order, in writing, the remedy of any condition found in violation of this title and the ability to institute legal action with the

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prosecuting attorney’s office to insure compliance with the provisions, including injunction, abatement or other appropriate action or proceeding.

QQ. Section 20.60.050 TCC is hereby repealed.

RR. Section 20.60.055 TCC is hereby repealed.

SS. The table of contents for Title 21 TCC is hereby amended to read as follows:

Chapters:

Chapter 21.102 Violations and enforcement.

TT. The table of contents for Chapter 21.102 TCC is hereby amended to read as follows:

Sections:

21.102.010 Violations, civil infractions and penaltiesEnforcement authority.

21.102.020 Remedy.

21.102.030 Civil infraction procedures.

UU. Section 21.102.010 TCC is hereby re-titled and amended to read as follows:

21.102.010 Violations, civil infractions and penalties. Enforcement authority.

Violations of this title shall be enforced through the provisions of Title 26 TCC.

A. Any person, whether owner, lessee, principal, agent, employee or otherwise, who violates any of the provisions of this title or permits any such violation, or fails to comply with any of its requirements or who erects any building or uses any building or uses any land in violation of any detailed statement or plan submitted by him and approved under the provisions of this title shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished as provided by the statutes of the state for the commission of a misdemeanor.

B. Any violations of TCC Section 21.57.060C1 shall be designated as a Class 1 civil infraction. The violation of any other provision of Title 21 TCC shall be designated as a Class 2 civil infraction. Each day of any such violation is a separate civil infraction; a

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notice of infraction may be issued for each day of any such violation, however the enforcement officer is not required to issue a notice of infraction for each day of such violation. Civil infractions shall be heard and determined according to Chapter 7.80 RCW and TCC Section 21.102.030

The civil infraction procedure adopted in this chapter and by TCC Section 21.102.030 provides an additional method of civil enforcement to procedures found in subsections A, C, and D of this section. The initiation of a proceeding under subsections A, C and D of this section does not preclude the initiation of a civil infraction proceeding under TCC Section 21.102.030.

C. Any building erected or improvements constructed contrary to any of the provisions of this title and any use of any building or land which is conducted, operated or maintained contrary to any of the provisions of this title or permits issued pursuant thereto shall be and is declared to be unlawful. The prosecuting attorney is authorized to bring actions by any appropriate means to prevent the violation of this title and to enforce its provisions.

D. The director may, in writing, suspend or revoke a permit or approval required by this title whenever the permit is issued in error or on the basis of incorrect information, or in violation of any ordinance or regulation or any provision of this title, or when a use or building is being maintained in a manner contrary to the terms of the permit or approval.

E. Permit Approval Limitations. No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section. For purposes of this section, a land use violation is any violation of the Thurston County Critical Areas Ordinance (Title 24 of the Thurston County Code), Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15 of the Thurston County Code), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 of the Thurston County Code), Thurston County Zoning Ordinances (Titles 20, 21, 22 and 23 of the Thurston County Code), Thurston County Platting and Subdivision Ordinance (Title 18 of the Thurston County Code), Sanitary Code for Thurston County, Shoreline Master Program for the Thurston Region or Title 14 of the Thurston County Code (Buildings and Construction).

A permit or approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, security in the form of a letter of credit or similar instrument shall be required unless waived by the approval authority for good cause. This section shall not apply to requests for a permit or approval to remedy a violation.

VV. Section 21.102.020 TCC is hereby repealed.

WW. Section 21.102.030 TCC is hereby repealed

Attachment B – Page 17

XX. The table of contents for Title 22 TCC is hereby amended to read as follows:

Chapters:

Chapter 22.64 Enforcement and penalty. Violations and enforcement.

YY. Section 22.43.080 is hereby amended to read as follows:

Any person found to have violated any of the provision of this chapter shall be deemed to have committed a civil infraction pursuant to Title 26Section 22.64.030 TCC.

ZZ. Section 22.44.070 is hereby amended to read as follows:

L. Political campaign signs advertising a candidate or candidates for public elective office, or a political party, or a sign urging a particular vote on a public issue decided by ballot may be erected on any privately owned lot or parcel, excluding right-of-way. Each sign shall be removed within fifteen days after that election. For a successful candidate in a primary election, the sign may remain until the final election but shall be removed within fifteen days after that election. The candidate or committee for which the sign is displayed shall be responsible for its removal and subject to the penalties as provided in Title 26 TCCthis title;

AAA. Section 22.47.040 is hereby amended to read as follows:

C. Action Upon Noncompliance. Failure, neglect or refusal of owner to perform the required maintenance action shall be taken in accordance with Title 26 TCC.Section 22.64.030

BBB. The table of contents for Chapter 22.64 TCC is hereby amended as follows:

Sections:

22.64.010 GenerallyViolations and enforcement.

Attachment B – Page 18

22.64.030 Violations, civil infractions and penalties.

22.64.040 Other remedies.

22.64.050 Civil infraction procedures.

CCC. Section 22.64.010 TCC is hereby re-titled and amended to read as follows:

22.64.010 GenerallyViolations and enforcement.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

The department shall administer and enforce this title. If the department finds that any of the provisions of this title are being violated, it shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The department shall take any action authorized by this title to insure compliance with or to prevent violation of its provisions, including the issuance of orders to stop work.

DDD. Section 22.64.030 TCC is hereby repealed.

EEE. Section 22.64.040 TCC is hereby repealed.

FFF. Section 22.64.050 TCC is hereby repealed.

GGG. The table of contents for Title 23 TCC is hereby

amended to read as follows:

Chapters:

23.73 Violations and eEnforcement and penalty.

HHH. The table of contents for Chapter 23.73 TCC is hereby amended to read as follows:

Sections:

23.73.010 GenerallyEnforcement authority.

23.73.030 Violations, civil infractions and penalties.

23.73.040 Other remedies.

23.73.050 Civil infraction procedures.

Attachment B – Page 19

III. Section 23.73.010 TCC is hereby re-titled and amended to read as follows:

23.73.010 GenerallyEnforcement authority.

Violations of this chapter shall be enforced through the provisions of Title 26 TCC.

The department shall administer and enforce this title. If the department finds that any of the provisions of this title are being violated, it shall notify in writing the person responsible for such violation, indicating the nature of the violation and ordering the action necessary to correct it. The department shall take any action authorized by this title to insure compliance with or to prevent violation of its provisions, including the issuance of orders to stop work.

JJJ. Section 23.73.030 TCC is hereby repealed.

KKK. Section 23.73.040 TCC is hereby repealed.

LLL. Section 23.73.050 TCC is hereby repealed.

MMM. The table of contents for Title 24 TCC is hereby amended to read as follows:

Chapter 24.92 Violations and enforcement. Enforcement, violations, and penalties.

NNN. Section 24.30.070 is hereby amended to read as follows:

F. Mitigation for Illegal Alterations. See Title 26, Code EnforcementChapter 24.92, Enforcement—Violations—Penalties.

OOO. The table of contents for Chapter 24.92 is hereby re-titled and amended to read as follows:

Sections:

24.92.010 GenerallyEnforcement authority.

24.92.020 Calculation of penalties and damages.

24.92.030 Violation remedies.

24.92.040 Stop work orders.

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24.92.050 Restoration orders.

24.92.060 Revocation of permits.

24.92.070 Civil infractions.

24.92.080 Liability for violations.

PPP. Section 24.92.010 TCC is hereby re-titled and amended to read as follows:

24.92.010 Generally Enforcement authority.

Violations of this title shall be enforced through the provisions of Title 26 TCC.

A. The director shall administer and enforce this title. For the purposes of Chapter 7.80 RCW, the director is the enforcement officer for this title. If the director finds that any of the provisions of this title are being violated, it shall notify in writing the person responsible for such land use violation, indicating the nature of the land use violation and ordering the action necessary to correct it. The director shall take any action authorized by this title to ensure compliance with or to prevent a land use violation of its provisions, including the issuance of orders to stop work.

B. Adherence to the requirements of this title and to any permit conditions or orders issued pursuant to this title is required throughout the construction period and thereafter. No use or activity subject to this title may be carried out within a critical area, buffer, or management zone where a violation occurred, until the county determines that all violations of this title in the affected critical area, buffer, or management zone have been fully remedied.

C. No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section.

D. A permit approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, a bond, surety or similar instrument that meets the requirements of Chapter 24.70 TCC may be required.

E. Permits may be granted to remedy a violation.

F. For the purposes of this chapter, a land use violation is a violation of this title, the Agricultural Activities Critical Areas Ordinance (Chapter 17.15 TCC), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 TCC), the Thurston County Zoning Ordinances (Titles 20, 21, 22, and 23 TCC), the Thurston County Platting and Subdivision Ordinance (Title 18 TCC), Sanitary Code for Thurston County, Shoreline Master Program (Title 19 TCC), or the Buildings and Construction Code (Title 14 TCC).

QQQ. Section 24.92.020 TCC is hereby repealed.

Attachment B – Page 21

RRR. Section 24.92.030 TCC is hereby repealed.

SSS. Section 24.92.040 TCC is hereby repealed.

TTT. Section 24.92.050 TCC is hereby repealed.

UUU. Section 24.92.060 TCC is hereby repealed.

VVV. Section 24.92.070 TCC is hereby repealed.

WWW. Section 24.92.080 TCC is hereby repealed.