HomeMy WebLinkAbout129-00 - Ord. Establishing the Office of Hearing Examiner ORDINANCE NUMBER 12940
TO ESTABLISH THE OFFICE OF HEARING EXAMINER
AN ORDINANCE to establish an office of hearing examiner and to assign to the hearing examiner
various duties currently done by the Board of Commissioners, the Planning Commission, the Building
Code Board of Appeals , and the Health Officer, by amending Mason County Code to add a new
chapter under Title 2 , revise Title 15 , and repealing other provisions in conflict with these changes
under the authority provided in RCW 36 . 70 . 970 ,
WHEREAS , the Mason County Board of Commissioners held a public hearing on December 19 ,
2000 , to consider comments of citizens on the proposed amendments ,
WHEREAS , these amendments implement the authority provided to Mason County in RCW
36 . 70 . 970 to establish an office of hearing examiner to hear land use and other decisions ,
WHEREAS , establishment of the office of hearing examiner will benefit the public by providing
predictability to applicants and to the general public in the permit process and making the process of
administration more effective and efficient ,
WHEREAS , the Mason County Board of Commissioners has approved findings of fact to support
I
ts decision ,
NOW, THEREFORE, BE IT HEREBY ORDAINED , that the Board of Commissioners of Mason
County hereby ADOPTS an amendments to establish to office of hearing examiner, and to assign
duties to the hearing examiner by amending Title 15 and by repealing existing provisions in other
county regulations in conflict with these amendments, as described in ATTACHMENT A.
DATED this 19th day of December, 2000 .
Board of Commissioners
Mason County, Washington
/0 ATTEST :
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Jo n A . Bolender, Commissioner ldk of the Board
AP ROVED AS TO FORM
Mary JQJ5 dyl i mmission 1 ,
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Prosecuting Attorney
Cynthia . Olsen , Commissioner
Mason County
Board of County Commissioners
December 19 , 2000
ORDINANCE NUMBER 129- 00
FINDINGS OF FACT
1 .
Under consideration is a proposal to establish an office of hearing examiner and to assign to
the hearing examiner various duties currently done by the Board of Commissioners , the
Planning Commission , the Building Code Board of Appeals , the Health Officer . Authority for
a hearing examiner system is provided in RCW 36 . 70 . 9708
2 .
A SEPA detennination of non- significance was issued November 9 , 2000 . No comments were
received .
3 .
A public hearing was held by the Planning Commission on November 20 , 2000 . The Planning
Commission recommended approval of action to establish a hearing examiners office and to
assign the hearing examiner the specified duties .
4 .
A public hearing was held by the Board of County Commissioners on December 19 , 2000 .
5 .
The proposal provides procedural changes to existing county regulations which provide for
effective implementation of those regulations to the benefit of the applicants and general
public . The proposal is consistent with and balances the goals of the Growth Management Act
and promotes the purposes of the Regulatory Reform Act as codified , in part , in RCW 36 . 70B .
The proposal is consistent with and implements the Mason County Comprehensive Plan ,
The Board of County Commissioners concludes with a recommendation for that the proposal
should be approved . The preceding findings summarize the basis for that decision .
kA Ls :;L
Chair , Mason County Board of Commissioners
f ,v
Date
ATTACHMENT A. ORD . 129 - 00 , HEARING EXAMINER
SECTION 1
ESTABLISHMENT OF THE OFFICE
A new chapter to Title 2 is created .
2 . xx . 010 Office established .
There is hereby created an office of hearing examiner, hereinafter referred to as the examiner .
Unless the context requires otherwise the term " examiner" shall include examiners pro tem . The
examiner shall hear and decide matters assigned to him or her by the Board of County
Commissioners including but not limited to those matters prescribed in Mason County ordinance
and other types of matters which hearing, examiners are authorized to decide by law or contract
with the Board of County Commissioners ,
2 . xx . 020 Appointment and term .
The term of appointment for the examiner and deputy examiners and the terms revoking the
appointment shall be pursuant to the contract executed between the Board of Countv
Commissioners and the examiner .*
xaminer Temporary examiners pro -tern may be appointed for such terms
and functions as the Board of County Commissioners deems appropriate .
2 . xx . 030 Rules .
The examiner may prescribe rules for the scheduling and conduct of hearings and other rules of
procedure .
SECTION 2
AMENDMENTS TO TITLE 15
(attached)
SECTION 3
AMENDMENTS TO OTHER REGULATIONS
Existing provisions in other county ordinances in conflict with these amendments are hereby
repealed .
TITLE 15
MASON COUNTY DEVELOPMENT CODE
Chapters :
15 . 01 INTRODUCTION
15 . 03 ADMINISTRATION
15 . 05 CONSOLIDATED APPLICATION PROCESS
15 . 07 PUBLIC NOTICE REQUIREMENTS
15 v 09 REVIEW AND APPROVAL PROCESS
15 . 11 APPEALS
15 . 13 ENFORCEMENT
15015 CONSOLIDATED APPLICATION REVIEW CHARTS
ATTACHMENT A . ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 1
CHAPTER 15 . 01
INTRODUCTION
Sections .
156010010 INTENT
15 , 010020 DEFINITIONS
15 . 01 . 010 INTENT
The purpose of this Title is to combine and consolidate the application , review , enforcement ,
and approval processes for land development in Mason County in a manner that is clear ,
concise , and understandable . It is further intended to comply with
1995 ) and RCW 36 . 70B , which provides the guidelines for integrating development review
and environmental review of proposed development , in coordination with approved land use
plans .
Established in this Title is the standard use of the Letter of Completeness , Notice of
Application , and Notice of Decision . Final decision on development proposals shall be made
within 120 days of the date of the Letter of Completeness , except as provided in Section
1540991000
15 . 01 . 020 DEFINITIONS
The following definitions shall apply to this Title :
Accessory Structure: As defined in the relevant code or ordinance .
Adjacent Property Owners : The persons who are owners of lots , as shown on the County
Assessor records , within 300 feet , not including street rights-of- way , of the boundaries of the
property which is the subject of the meeting or pending action .
Code : The Mason County Code or portion of that code .
Comprehensive Plan : The Mason County Comprehensive Plan , as amended .
Comprehensive Plan Amendment : An amendment or change to the text or maps of the
Comprehensive Plan .
Completed Application : Per RCW 36 . 70B . 070 .
Date of Decision . The date on which final action occurs and from which the appeal period is
calculated .
Density < As defined in the relevant code or ordinance .
ATTACHMENT A , ORD , NO , 129 -005 Title 15 - New text is underlined , deleted text is struck-through . 2
Development : Any land use pen-nit or action regulated by Titles 6 , 7 , S , 14 , 16 , and 17
MCC , including but not limited to construction permits , conditional use permits , variances , or
subdivisions .
Development Code : The Mason County Development Code . Title 15 of the Mason County
Code .
Effective Date . The date a final decision becomes effective .
Final Decision : The final action by the review authority or Board of County Commissioners .
MCC : The Mason County Code .
Lot : As defined in the relevant code or ordinance .
Open Record Public Hearing * An open record "hearing held by an authorized hearing body , at
which evidence is presented , testimony is recorded , and decision is made , to form the local
government record on the review and decision- making of the planned action .
Ordinance * Any or all of the adopted Mason County ordinances or resolutions .
Party of Record * Any person who has testified at a public hearing or has submitted a written
statement related to a development action and who provides the County with a complete
address .
Person * Any person , firm , business , corporation , partnership of other associations or
organization , marital community , municipal corporation , or govermnental agency .
Project * A proposal for development .
Project Permit * Per RCW 36 . 70B . 020 (4)
Review Authority * The Director of Community Development , the Director of Health
Services , the Fire Marshal , or the Building Official , depending on the responsibility as
detennined by the respective codes , ordinances , and regulations . Responsibilities of the
Review Authority may be delegated when not contrary to law or ordinance .
Setback * As defined in the relevant code or ordinance .
Variance * As defined or used in the relevant code or ordinance .
Yard * As defined in the relevant code or ordinance .
ATTACHMENT A . ORD , NO , 129 -W Title 15 - New text is underlined , deleted text is struck-through . 3
CHAPTER 15 . 3
ADMINISTRATION
Sections .
156030005 PURPOSE AND APPLICABILITY
150030010 ROLES AND RESPONSIBILITIES
150030015 APPLICATION TYPES AND CLASSIFICATION
15 . 030020 ADMINISTRATIVE DIRECTION
15 . 03 . 030 BOARD OF COUNTY COMMISSIONERS
15 . 030040 PLANNING COMMISSION
150030050 SHORELINE ADVISORY BOARD
150034060 BUILDING CODE BOARD OF APPEALS
15 . 03 . 005 PURPOSE AND APPLICABILITY
This Chapter describes how the County will process enforcement actions and
applications for development subject to review under the following Chapters of the Mason
County Code and other ordinances and regulations of the county as listed below :
1 . Title 6 (Sanitary Code) , including the following Mason County Board of Health
regulations , which may not be codified in Title 6 : On- Site Sewage Regulation , Group B
Water System Regulation , Solid Waste Regulation , and Water Adequacy Regulation
2 . Title 7 (Shoreline Master Program)
3 . Title 8 (Environmental Policy)
4 . Title 14 (Construction)
5 . Title 16 (Subdivision)
6 . Title 8 (Resource Ordinance)
7 . Development Regulations (Ordinance 82-96 , as amended)
15 . 03 . 010 ROLES AND RESPONSIBILITIES
A . The regulation of land development is a cooperative activity including many different
elected and appointed boards and County staff. The specific responsibilities of these
bodies is set forth below .
B . A developer is expected to read and understand the County Development Code and be
prepared to fulfill the obligations placed on the developer by the Mason County Code
and other ordinances and regulations of the county .
15 . 03 . 015 APPLICATION TYPES AND CLASSIFICATION
A . Applications for review pursuant to Title 15 shall be subject to a Type I , Type II , Type
III , or Type IV process .
B . Unless otherwise required , where the County must approve more than one application
for a given development , all applications required for the development may be
submitted for review at one time . Where more than one application is submitted for a
given development , and those applications are subject to different types of procedure ,
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 4
then all of the applications are subject to the highest- number procedure that applies to
any of the applications .
C . The review authority for the application in question shall classify the application as one
of the four types of procedures .
1 . The act of classifying an application shall be an administrative interpretation , if
written and transmitted to the applicant .
2 . Questions about what procedure is appropriate shall be resolved in favor of the
type providing greatest notice and opportunity to participate .
3 . The review authority shall consider the following guidelines when classifying
the procedure type for an application :
a . A Type I (ministerial) process involves an application that is subject to
clear , objective and nondiscretionary standards or standards that require
an exercise of professional judgement about technical issues .
b . A Type H (administrative) process involves an application that is subject
to objective and subjective standards that require the exercise of limited
discretion about nontechnical issues and about which there may be a
limited public interest .
c . A Type III (quasi-judicial) process involves an application for relatively
few parcels and ownerships . It is subject to standards that require the
exercise of substantial discretion and about which there may be a broad
public interest .
d . A Type IV (legislative) process involves the creation , implementation , or
amendment of policy or law by ordinance . The subject of a Type IV
process involves a relatively large geographic area containing many
property owners , and a Type IV application should follow the format
detailed in Chap . 15 . 09 . 060 .
D . Type I and Type II pen-nit reviews , which are categorically exempt from environmental
review under chapter 43 . 21 C RCW , or for which environmental review has been
completed in connection with other permits , shall be excluded from the notice of
application and notice of decision provisions in this Title , except when specifically
required for a particular category of project . Also a letter of completeness shall be at
the option of the Review Authority , provided that , if no letter of completeness is
prepared , the application is considered complete after 28 days from receiving a date
stamped application and within the meaning of chapter 36 . 70B RCW .
15 . 03 . 020 ADMINISTRATIVE DIRECTION
Each Director or authorized official shall review and act on the following :
A . Review Authority : The Directors of Community Development , the Director of Health
Services , the Fire Marshal , and the Building Official , are responsible for the
administration of the respective titles of the Mason County Code and ordinances . The
responsibilities of the Review Authority may be delegated when not contrary to law or
ordinance .
B . Administrative Interpretation : Upon request or as determined necessary , the review
authority shall interpret the meaning or application of the provisions of said titles and
ATTACHMENT A , ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 5
issue a written administrative interpretation within 30 days . Requests for interpretation
shall be written and shall concisely identify the issue and desired interpretation .
C . Administrative Decisions : Administrative approval , approval with conditions , or
denial of permit applications as set forth in Sections 15 . 09 . 020 , 15 . 09 . 030 , and
15 . 09 . 0400
15 . 03 . 030 BOARD OF COUNTY CO SSINES
In addition to its legislative responsibility , the Board of County Commissioners shall review
and act on the following subjects :
A . Recommendations of the Planning Commission and Shoreline Advisory Board .
Be Applications for Substantial Development Pennits , variances or conditional uses under
the Mason County Shoreline Master Program .
C . Appeal of administrative interpretations and actions by the Department of Community
Development on the Mason County Shoreline Master Program .
.
A _ of Significance " 1 - 0
Go Granting of variances or other permit decisions , whkml prunviueu Iny--fthe UU/ Vu10F1TT011L4
15 . 03 . 040 PLANNING CONAUSSION
The Planning Commission shall review and make recommendations on the following
applications and subjects :
A . Amendments to the Comprehensive Plan and development regulations per RCW
36 . 70A . 030 .
Be Amendments to the Subdivision Code , Title 16 .
C . Amendments to the Environmental Policy (Title 8 ) and Interim Resource Ordinance
(Title 17) .
D . Applicafions for Preffineinary Plats ,
EW Sorne Type fH Permit reviews as specified in Section f 5 . 09 . 050 (2 . 0) 6
E--Other actions requested or iernanded by the County Commissioners .
The mview criteria for certain of the actions are containod in Section ,
IV
15 . 03 . 050 SHORELINE ADVISORY BOARD
The Shoreline Advisory Board shall review and act on the following subjects :
A . Amendments to the Mason County Shoreline Master Program .
Be Applications for Conditional Use and Variance per the Shoreline Master
Program .
C . Other actions requested or remanded by the County Commissioners .
The review criteria and procedures for the Shoreline Advisory Board are contained in Title 7 ,
MCC and Section 15 . 09 , 050 ( 1 . 0) .
ATTACHMENT A , ORD , NO . 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 6
Amendments to the Mason County Shoreline Master Program or other actions requested by the
County Commissioners , the Planning Commission .
15oOM60 HEARING EXAMINER
The exls Hearing Examiner shall review and act on the following subjects :
A . Appeals of decisions of the Building Official on the interpretation or application of the
Building or Fire Code .
B . Applications for Preliminary Plats and Final Plats .
C . Some Type III pen-nit reviews as specified in Section 15 09 050 (2 , 0) 4
D . Appeal of administrative decisions b the he Department of Community Development as
set forth in Section 15 . 09 . 020 , 15 , 09 , 030 , and 15 . 09 . 040 .
E . Appeal of a threshold detennination under Title 8 (Environmental Policy) .
P . Revoking or modifying a permit or approval per Section 15 . 13 . 070 ,
G . Granting of variances or other pen-nit decisions , when provided by the development
code or ordinance .
H . Plat vacation or amendments (pursuant to Chapter 58 . 17 RCW) .
I . Appeals of enforcement actions under Title 14 , and other applicable ordinances .
J . Appeals of decisions of the Fire Marshall on interpretation or application of the Fire
Code .
K . Enforcement actions as provided in Chapter 15 . 13 .
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 7
CHAPTER 15 . 05
CONSOLIDATED APPLICATION PROCESS
Sections :
150050010 APPLICATION
150050020 PREAPPLICATION ACTIVITIES
150059030 CONTENTS OF APPLICATIONS
15 . 05 . 040 LETTER OF COMPLETENESS
15 . 05 . 010 APPLICATION
A . The County shall consolidate development applications consistent with RCW 36 . 7013
and review in order to integrate the development permit and environmental review
process , while avoiding duplication of the review processes .
Be All applications for development permits , conditional uses , variances , and other County
approvals under the Development Code shall be submitted on forms provided by the
review authority . All applications shall be acknowledged by the property owner or
their agent .
15 . 05 . 020 PREAPPLICATION ACTIVITIES
A . Informal . Applicants for development are encouraged to participate in an informal
discussion prior to the formal preapplication meeting . The purpose of the meeting is to
discuss , in general terms , the proposed development , County development standards ,
and required pen-nits and approval process .
Be Formal . Every person proposing a development in the County , with exception of Type
I permits and decisions and some Type II permits and decisions , shall attend a
preapplication meeting . The purpose of the meeting is to discuss the nature of the
proposed development , application and permit requirements , fees , review process and
schedule , applicable plans , policies and regulations . In order to expedite development
review , the County shall invite all affected departments , agencies and/or special
districts to the preapplication meeting , at the discretion of the review authority .
15 , 05 . 030 CONTENT OF APPLICATIONS
A . All applications for approval under Titles 6 , 7 , 8 , 14 , 16 , and other applicable
ordinances shall include the information specified therein . The review authority may
require such additional infonnation as reasonably necessary to fully evaluate the
proposal .
Be The applicant shall apply for all pen-nits identified in the preapplication meeting .
ATTACHMENT A . ORD , NO , 129 -005 Title 15 - New text is underlined , deleted text is struck-through . 8
15 . 05 . 0 0 LETTER OF COMIPLETENESS OF APPLICATION
A . Within twenty-eight (28) days of receiving a date stamped application , the County shall
review the application and as set forth below , provide applicants with a written
determination that the application is complete or incomplete .
B . A project application shall be declared complete only when it contains all of the
following materials :
1 . A fully completed , signed , and acknowledged development application and all
applicable review fees .
2 . A fully completed , signed , and acknowledged environmental checklist for
projects subject to review under the State Environmental Policy Act (Title 8 ) .
3 . The information specified for the desired project in the appropriate chapters of
the Mason County Code and as identified in Section 15 . 05 . 030 .
4 . Any supplemental information or special studies identified by the review
authority .
C . For applications determined to be incomplete , the County shall identify , in writing , the
specific requirements or infonnation necessary to constitute a complete application .
Upon submittal of the additional information , the County shall , within fourteen ( 14)
days , issue a letter of completeness or identify what additional information is required .
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 9
CHAPTER 15 . 7
PUBLIC NOTICE REQUIREMENTS
Sections :
15 . 070010 NOTICE OF DEVELOPMENT APPLICATION
15 . 070020 NOTICE OF ADMINISTRATIVE DECISIONS
150070030 NOTICE OF PUBLIC MEETINGS AND HEARINGS
15 . 070040 NOTICE OF APPEAL HEARING
15 . 074050 NOTICE OF DECISION
15 , 07 , 010 NOTICE OF DEVELOPMENT APPLICATION
A . Within fourteen ( 14) days of issuing a letter of completeness under Chapter 15 . 05 , the
County shall issue a Notice of Development Application for Type III permits and Type
II permits , which are not excluded as provided in section 15 . 03 . 015 of this Title . The
notice shall include , but not be limited to , the following :
1 . The name of the applicant .
2 . Date of application .
3 . The date of the letter of completeness .
4 . The location of the project .
5 . A project description .
6 . The requested approvals , actions , and/or required studies .
7 . A public comment period not less than fourteen ( 14) nor more than thirty (30)
days .
8 . Identification of existing environmental documents .
9 . A County staff contact and phone number .
10 . The date , time , and place of a public meeting , or public hearing if one has been
scheduled .
11 . A statement that the decision on the application will be made within 120 days of
the date of the letter of completeness .
B . The Notice of Development Application shall be posted on the subject property and
sent to adjacent property owners .
Co The Notice of Development Application may be combined with any required notice of
a public meeting or open record public hearing .
D . The Notice of Development Application may be combined with the threshold
determination and scoping notice for a determination of significance .
15 . 07 . 020 NOTICE OF ADMINISTRATIVE DECISIONS
When notice of administrative approvals or denials is required , such notice shall be made as
provided in Section 15 . 07 . 050 .
15 . 07 . 030 NOTICE OF PUBLIC MEETINGS AND PUBLIC HEARINGS
Notice of a public meeting or public hearing for all development applications and appeals shall
be given as follows :
ATTACHMENT A . ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 10
A . Time of Notices : Except as otherwise required , public notification of meetings , and
hearings , and on pending actions shall be made by :
1 . Publication at least ten ( 10) days before the date of a public meeting , hearing ,
or pending action in the official newspaper if one has been designated or a
newspaper of general circulation in the County ; and
2 . Mailing at least ten ( 10) days before the date of a public meeting , or public
hearing to all adjacent property owners of the boundaries of the property which
is the subject of the meeting or pending action . Addressed , pre- stamped
envelopes shall be provided by the applicant ; and
3 . Posting at least ten ( 10) days before the meeting , hearing , or pending action in
one public place (for example , a post office) and at least two notices on the
subject property .
4 . Provided that , if the notice is for the purpose of an open record pre-decision
hearing , the notice of application shall be provided at least fifteen ( 15 ) days
prior to the open record hearing .
5 . Provided that , if a SEPA threshold determination has been made , that
determination shall be issued at least 15 days prior to the hearing date .
B . Content of Notice : The public notice shall include a general description of the
proposed project , action to be taken , a non- legal description of the property or a
vicinity map or sketch , the time , date and place of the public hearing and the place
where further information may be obtained .
C . Continuations : If for any reason , a meeting or hearing on a pending action cannot be
completed on the date set in the public notice , the meeting or hearing may be continued
to a date certain and no further notice under this section is required .
15 . 07 . 040 NOTICE OF APPEAL HEARINGS
In addition to the posting and publication requirements of Section 15 . 07 . 030 , for notice of
appeals of administrative decisions , notice shall be mailed to parties of record from the pen-nit
review .
15 . 07 . 050 NOTICE OF FINAL DECISION
A . When a notice is required for a final decision , such notice shall be sent to the applicant ,
all parties of record , all parties who requested to be notified , and the County Assessor ' s
Office .
B . This notice shall include the statement of threshold determination (RCW 43 . 21C) ,
information on requesting assessed valuation changes by affected property owners , and
the procedures of administrative appeal , if any .
C . This notice may be combined with the transmittal requirements of other codes , state
statutes , or ordinances , as appropriate .
D . Notice of administrative decisions shall be the responsibility of the issuing county
department . Notice of County Commission final decision on a project pen-nit or an
appeal shall be the responsibility of the County Commissioners Office .
ATTACHMENT A . ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 11
CHAPTER 5 . 09
REVIEW AND APPROVAL PROCESS
Sections .
15 . 09 4 010 CONSOLIDATED PERMIT REVIEW
15009 , 020 ENVIRONMENTAL REVIEW
15 . 090030 TYPE I AND TYPE II REVIEW - WITHOUT NOTICE
15009 , 040 TYPE II REVIEW - WITH NOTICE
15 . 09 , 050 TYPE III REVIEW
15 . 09 . 060 TYPE IV REVIEW
156090070 COUNTY COMMISSIONERS ACTION
150094080 PROCEDURES FOR PUBLIC HEARINGS
15 . 09 0 090 REMAND
159090100 FINAL DECISION
156090110 JOINT MEETINGS AND HEARINGS
15 . 09 . 010 CONSOLIDATED PERMIT REVIEW
When a proposed action involves two or more project permits (for example , a Shoreline
Conditional Use Pennit , Mason Environmental Permit , and commercial project review) , the
applicant may choose to have all or a portion of the proposal reviewed under the consolidated
permit review process . When the consolidated permit review is selected , county staff shall
include all project pen-nits under review when issuing the determination of application
completeness , notice of application , notice of one open record public hearing (when needed) ,
and notice of final decision . Classification of such review is as provided in 15 . 03 . 015 B ,
MCC ,
15 . 09 . 020 ENVIRONMENTAL REVIEW
A . Developments and planned actions subject to the provisions of the State Environmental
Policy Act (SEPA) shall be reviewed in accordance with the policies and procedures contained
in Chapter 8 , MCC .
B . SEPA review shall be conducted concurrently with development project review . The
following are exempt from concurrent review .
1 . Projects categorically exempt from SEPA or for which SEPA has already been
completed .
2 . Components of previously completed planned actions , to the extent permitted by
law and consistent with the EIS for the planned action .
15 . 09 . 030 TYPE I AND TYPE II REVIEW - WITHOUT NOTICE
A . After the detennination of a complete application , the review authority may approve ,
approve with conditions , or deny the following without notice , unless notice is
otherwise required (for example , short subdivision applications) :
1 . Type I decisions .
2 . Extension of time for approval .
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck through . 12
3 . Minor amendments or modifications to approved developments or permits .
Minor amendments are those which may affect the precise dimensions or
location of buildings , accessory structures and driveways , but do not affect : (i)
overall project character , (ii) increase the number of lots , dwelling units , or
density or (iii) decrease the quality or amount of open space .
4 . Adjustment to yard setbacks .
5 . Type II decisions , which are excluded as provided in section 15 . 03 . 010 of this
title
B . The review authority ' s decisions under this section shall be final on the date issued .
15 . 09 . 040 TYPE II REVIEW - WITH NOTICE
A . After a determination of completeness for an application , after providing a notice of
application , and after the end of the specified comment period , the review authority
may grant approval or approval with conditions , or may deny Type II decisions ( such
as Short Subdivisions) , subject to the notice of decision and appeal requirements of this
title .
B . Final Administrative Approvals : Approvals under this section shall become effective
subject to the following :
1 . If no appeal is submitted , the approval becomes effective at the expiration of the
14 day appeal period .
2 . If a written notice of appeal is received within the specified time , the matter will
be referred to the County Commissioners as an appeal for an open record public
hearing , and shall not become effective until approved on appeal or until the
appeal contesting an approval is dismissed .
Co Administrative Denials : Denials under this section shall become effective immediately .
D . Notice of the administrative final decision shall be provided in this title , section
1500700200
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 13
15 , 09 . 050 TYPE III REVIEW
After a detennination of completeness for an application , Type III permit applications shall be
reviewed as follows :
1 . 0 Mason County Shoreline Master Program ,
A . The review process for shoreline conditional use , variance and substantial development
permits shall comply with the notice requirements of 15 . 07 . 010 , 15 . 07 . 030 A 5 , and
15 . 07a050 , and the decision requirements of 15 . 09 . 100 .
B . Additional public notice requirements and review procedures are specified in the
Shoreline Master Program .
C . Conditional use and variance permits shall be reviewed according to the guidelines in
15 . 09 . 050 (2 . 0) , except that :
1 . The Shoreline Advisory Board shall replace the Planning Commission as the
review body ,
2 . The policies , regulations and criteria of the Mason County Shoreline Master
Program shall be emphasized in the review , and
3 . Public notice requirements shall be stated in ( 1 . 0) A and B .
D . Substantial development permits shall be reviewed by the County Commissioner as
provided in sections 15 . 09 . 070 through 15 . 09 . 100 , other sections of this Title , and the
Shoreline Master Program .
2 . 0 Other Type III decisions .
A . Staff Report . The review authority shall prepare a staff report on the proposed
development or action summarizing the comments and recommendations of County
departments , affected agencies and special districts , and evaluating the development ' s
consistency with the County ' s Development Code , adopted plans and regulations . The
staff report shall include findings , conclusions and proposed recommendations for
disposition of the development application .
B . Public Meeting . The Planning eonimission Hearing Examiner shall conduct a public
meeting hearing on development proposals for the purpose of taking testimony , hearing
evidence , considering the facts germane to the proposal , and evaluating the proposal for
consistency with the County ' s Development Code , adopted plans and regulations . The
decision- makingineeting shall identify issues upon which the eotinty eominissioners shalf hear at t
. Notice of the Pfanning eommission Hearing
Examiner meeting shall be in accordance with Section 15 . 07 . 030 .
C . Required Review : The Planning eoininission Hearing Examiner shall review a
proposed development according to the following criteria :
1 . The development does not conflict is consisten with the Comprehensive Plan
and meets the requirements and intent of the Mason County Code , especially
Title 6 , 8 , and 16 .
2 9Uldlildgu Ways )
) stops , watuar 7 )
parks
and mci-Ca- LIULI 7 )
' .
— The development does not impact ' the public health , safety and
welfare and is in the public interest .
ATTACHMENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 14
5 . The development does not lower the level of service of transportation and/ or
neighborhood park facilities below the minimum standards established within
the Comprehensive Plan . If the development results in a level of service lower
than those set forth in the Comprehensive Plan , the development may be
approved if improvements or strategies to raise the level of service above the
minimum standard are made concurrent with the development . For the purpose
of this section , " concurrent with the development " is defined as the required
improvements or strategies in place at the time of occupancy , or a financial
commitment is in place to complete the improvements or strategies within . six
( 6) years of approval of the development .
rcstilt of Ulu U%./ V %./1Ufj111UIIL 9
this
15 . 09 . 060 TYPE IV DECISION REVIEW
A . The process for amending the Mason County Comprehensive Plan and implementing
development regulations (hereinafter " annual amendment process " ) shall follow the
steps below . Generally , the county will consider both the plan and regulation
amendments together , and it will consider them only one time each year .
1 . Publish notice of the deadline for proposed plan or development regulation
amendment which will be placed on the docket for consideration . Amendments
must be considered at least annually . Comprehensive plan amendments can not
be adopted more than once a year .
2 . The Department of Community Development (DCD) prepares a Comprehensive
Plan Amendment Report for presentation to the Planning Commission . The
report will include all proposals received , the initial analysis and cumulative
impact review , and the initial SEPA determination .
3 . The County transmits the proposals to the State Department of Community ,
Trade , and Economic Development and other state agencies .
4 . After presentation of the report to the Planning Commission , the Commission
schedules a public hearing and may schedule workshops . (In the case of
amendments of special interest to one part of the county , a workshop or hearing
should be scheduled in that area . ) The public hearing should be not less than 60
days after the official transmittal is provided to the state .
ATTACHMENT A . ORD . NO , 129 -001 Title 15 - New text is underlined , deleted text is struck-through . 15
5 . The DCD , acting for the Commission , releases public notice of workshops and
hearings .
6 . Planning Commission holds public hearing and optional workshops , and
formulate and transmit its findings and recommendations to the Board of
Commissioners .
T The Board schedules and releases notice of public hearings and workshops as
desired .
8 . Workshops and public hearings held by the Board of Commissioners .
9 , The Board meets to consider and take appropriate action on the amendments .
10 . Any resulting amendments are transmitted to the state Department of
Community , Trade , and Economic Development and other state agencies , and
public notice of adoption is published .
Be Exceptions to the annual amendment process . In some cases amendments can be made
to the Comprehensive Plan outside of the annual amendment process described herein :
I . When an emergency exists , the annual amendment process will not be followed .
The process for the planning review is established in RCW 36 . 70A . 390 . The
review process for SEPA (WAC 197- I1 - 880) has already been adopted by the
county in Ordinance 99 - 84 , section 9 . 1 .
2 . When the amendments are intended to resolve an appeal to the Growth
Management Hearings Board , then the amendment is not limited to one time a
year and will need to be abbreviated because the time allowed in Hearings
Board cases is very limited . The process will be adjusted as necessary within
the constraints of the Growth Management Act and SEPA .
3 . The initial adoption of a subarea plan is not required to be part of the annual
amendment process and is not limited to once per year . The process will be the
salve as required for the annual plan amendment , except that the first step will
be as follows :
1 . Establish a sub-area committee or a series of subarea workshops . Public
notice will be published of the workshops or meetings of the committee
in order to encourage public participation and comment .
4 . The adoption of a shoreline master program amendment shall not follow the
annual amendment process , but shall be done under the procedures of Chapter
90 . 58 RCW .
5 . The amendment of the capital facilities element of a comprehensive plan that
occurs concurrently with the adoption or amendment of a county budget .
6 . Amendments can be made more than once a year if they are restricted to
changes in the development regulations consistent with the existing
comprehensive plan . The process for amendment is the same as specified for
the annual amendment process .
15 . 09 . 070 COUNTY COMMSSIONERS ACTIONS
A . Actions . Upon receiving a recommendation from the ,
Shoreline Advisory Board , or notice of any other matter requiring the County
Commissioners ' attention , the County Commissioners shall hold an open record public
hearing and make a decision on the following matters :
ATTACI-IIvIENT A , ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 16
i . Make a decision on a Shoreline Advisory Board
recommendation .
ii . Appeal of administrative interpretations .
iii . Appeal of administrative decisions of type I and II permits .
Other matters not prohibited by law .
B . Decisions . The County Commissioners shall make its decision by motion , resolution ,
or ordinance , as appropriate , following an open record public hearing and shall include
one of the following actions :
i . Approve as recommended .
ii . Approve with additional conditions .
iii . Modify , with or without the applicant ' s concurrence , provided that the
modifications do not :
a . Enlarge the area or scope of the project .
b . Increase the density or proposed building size .
c . Significantly increase adverse environmental impacts as
determined by the responsible official .
iv . Deny (reapplication or resubmittal is permitted) .
v . Deny with prejudice (reapplication or resubmittal is not allowed for one
year) .
vi . Remand for further proceedings and/ or evidentiary hearing in accordance
with Section 15 . 09 . 090 .
2 . A County Commissioners ' decision following a open record appeal hearing shall
include one of the following actions :
i . Grant the appeal , in whole or in part .
ii . Grant the appeal with conditions , in whole or in part .
iii . Deny the appeal , in whole or in part .
iv . Remand for further proceedings and/or evidentiary hearing in accordance
with Section 15 . 09 . 090 .
15 . 09 . 075 HEARING EXAMINER DECISIONS
A . The Hearing Examiner shall make his or her decision following an open record public
hearing and shall include one of the following actions :
i. Approve .
ii . Approve with conditions .
iii. Deny (reapplication or resubmittal is permitted) .
iv . Deny with prejudice (reapplication or resubmittal is not allowed for one
ear .
V . Remand for further proceedings and/ or evidentiary hearing in accordance
with Section 15 . 09 . 090 .
15 . 09 . 080 PROCEDURES FOR OPEN RECORD PUBLIC HEARINGS BEFORE THE
O F COUNTY COMMISSIONERS
Public hearings shall be conducted in accordance with the hearing body ' s rules of procedure
and shall serve to create or supplement an evidentiary record upon which the body will base its
ATTACHMENT A . ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 17
decision . The Board of County Commissioners Chair shall open the public hearing and , in
general , observe the following sequence of events :
A . Staff presentation , including submittal of any administrative reports . The Members of
the hearing body may ask questions of the staff.
Be Applicant presentation , including submittal of any materials . Members of the hearing
body may ask questions of the applicant .
C . Testimony or comments by the public germane to the matter . Questions directed to the
staff or the applicant shall be posed by the Chair at its discretion .
D . Rebuttal , response or clarifying statements by the staff and the applicant .
E . The evidentiary portion of the public hearing shall be closed and the hearing body shall
deliberate on the matter before it .
F . The hearing body shall present a written statement of findings and conclusions upon
issuing its decision .
15 . 09 . 085 PROCEDURES FOR OPEN RECORD PUBLIC HEARINGS BEFORE THE
HEARING EXAA11NER
Public hearings shall be conducted in accordance with the Hearing Examiner ' s rules of
procedure and shall serve to create or supplement an evidentiary record upon which the
decision will be based The Hearing Examiner shall open the public hearing and , in general
observe the following sequence of events :
A . Staff presentation , including submittal of any administrative reports . The Hearing
Examiner body may ask questions of the staff.
Be Applicant presentation , including submittal of any materials . The Hearing Examiner
may ask questions of the applicant .
C . Testimony or comments by the public germane to the matter . Questions directed to the
staff or the applicant shall be posed by the Hearing Examiner at his or her discretion .
D . Rebuttal , response or clarifying statements by the staff and the applicant .
E . The evidentiary portion of the public hearing shall be closed .
F . The Hearing Examiner shall present a written statement of findings and conclusions
upon issuing its decision .
H . The Hearing Examiner shall have the authority to hear motions for reconsideration of
his or her decision .
15 . 09 . 090 REMAND
In the event the Hearing Examiner or County Commissioners determines that the public
hearing record or record on appeal is insufficient or otherwise flawed , the Hearing Examiner
or Commissioners may remand the matter back to the hearing body or administrative
department to correct the deficiencies . The Hearing Examiner or Commissioners shall specify
the items or issues to be considered , the time frame for completing the additional work , and
the date of the continuation of the open record public hearing .
15 . 09 . 100 FINAL DECISION
A . Time . The final decision on a development proposal shall be made within 120 days
from the date of the letter of completeness . The days pending the effectiveness of an
administrative approval per section 15 . 09 . 040 , MCC , are also within the 120 days .
Exceptions to the 120 day requirement include :
ATTACFWENT A . ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 18
1 . If the project permit requires an amendment to the Comprehensive Plan or a
development regulation .
2 . Any time required to correct plans , perform studies or provide additional
information , provided that within 14 days of receiving the requested additional
information , the Review Authority shall determine whether the information is
adequate to resume the project review .
3 . Substantial project revisions made or requested by an applicant , in which case
the 120 days will be calculated from the time that the County detennines the
revised application to be complete .
4 . All time required for the administrative appeal of a Determination of
Significance or an appeal of an administrative decision .
5 . All time required for the preparation and review of an environmental impact
statement , as agreed upon by the County and the applicant .
6 . Projects involving the siting of an essential public facility .
7 . An extension of time mutually agreed upon by the County and the applicant .
8 . All time required to obtain a variance .
9 . Any remand to the hearing body .
E . Effective Date . The final decision of the Hearing Examiner or County Commissioners
or hearinig-bady shall be effective on the date stated in the decision , motion , resolution ,
or ordinance , provided that the date from which appeal periods shall be calculated shall
be the date the Hearing Examiner issues the decision or County Commissioners or
licaring body takes action on the motion , resolution , or ordinance .
At the disctetion of thc hearing body , any public tnecting ot roquired open record p
hearing inay be combiried with any pubtic inecting or open record public hearing that may b
hefd on the project by anothcr iocat , state , > federat ,
or other ageticy , provided tha
titfel and consistent with the finaf decision being made within the tirne specified in Section
ATTACHMENT A , ORD , NO . 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 19
CHAPTER 15 . 1
APPEALS
Sections .
156116010 APPEAL OF ADMINISTRATIVE INTERPRETATIONS AND
DECISIONS
15 . 110020 APPEAL TO THE COUNTY COMMISSIONERS
150119030 APPEAL TO STATE REVIEW BOARDS
15 911 w 04O JUDICIAL APPEAL
15 . 11 . 010 APPEAL OF ADMINISTRATIVE INTE RETATIOS DECISIONS
A . Administrative interpretations and administrative decisions may be appealed , by
applicants or parties of record , to the following hearing body , based upon the relevant
code or ordinance as follows :
Hearing Examiner Health Offi Title 6 (Sanitary Code) and other regulations
listed in part i of section 15 . 03 . 005 and Titles 8 (Environmental Policy) ,16
(Subdivision) , 14 (Construction) , and 8 (Interim Resource) and the Development
Regulations ,
County Commissioners : Titles 7 (Shoreline Master Program)$ffi;rtrviramnental
.
Board of Appeals . Title f 4 .
B . The appeal shall be considered and decided within ninety (90) days of receipt of a date
stamped application, provided that the parties to an appeal may agree to extend these
time periods , and provided that a shorter time period is not specified in the applicable
code or regulation .
15 . 11 . 020 APPEAL TO THE HEARING EXAMINER OR COUNTY
COMMISSIONERS
A . Filing . Every appeal to the Hearing Examiner or County Commissioners shall be filed
with the Clerk of the Board within fourteen ( 14) days after the date of the decision
being appealed . The date of the decision and the date from which appeal periods shall
be calculated shall be the date on which the written action was either mailed or
transmitted by hand , whichever is done and whichever is earliest , to all parties for
which transmittal is required for said action . This appeal period shall replace all other
previously adopted appeal periods specified in the applicable ordinances .
B . Contents . The application of appeal shall contain a concise statement identifying :
1 . The decision being appealed .
2 . The name and address of the appellant and his/ her interest(s) in the matter .
3 . The specific reasons why the appellant believes the decision to be wrong . The
appellant shall bear the burden of proving the decision was wrong .
4 . The desired outcome or changes to the decision .
5 . The appeals fee .
C . Procedure . The appeal to the Board of County Commissioners shall be held as an
open record public hearing UU101C LUC 11CUIllig uuuy and comply with the standards of
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Sec . 15 . 09 . 080 . An appeal before the Hearing Examiner shall be by proceedures
established by the Hearing Examiner consistent with RCW 36 . 70B .
15 . 11 . 030 APPEAL TO STATE REVIEW BOARDS
The appeal of the final decision of the Hearing Examiner or County Commissioners
may be filed to the appropriate state review board and is subject to the appeal
processes of the review board (notification , review , hearing , and decision) . The State
Environmental Hearings Office processes appeals of shoreline permits , conditional uses , and
variances ; the State Department of Health processes appeals of public health and air-water
quality issues .
15 . 11 . 040 JUDICIAL APPEAL
A . Appeals from the final decision of the County Commissioners or Hearing Examiner
Board of Appeats-, or other eounty uvaid or body involving those codes and ordinances
to which this title applies , and for which all other appeals specifically authorized have
been timely exhausted , shall be made to Mason County Superior Court within twenty-
one (21 ) days of the date the decision or action became final , unless another time
period is established by state law or local ordinance .
Be Notice of the appeal and any other pleadings required to be filed with the court shall be
served on the Clerk of the Board , and
Prosecuting Attorney within the applicable time period . This requirement is
jurisdictional .
C . The cost of transcribing and preparing all records ordered certified by the court or
desired by the appellant for such appeal shall be borne by the appellant .
ATTACHMENT A , ORD . NO . 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 21
CHAPTER 15 . 13
ENFORCEMENT
Sections .
150134005 SEVERABILITY
150130010 ENFORCING OFFICIAL ; AUTHORITY
15 . 13 . 020 GENERAL PENALTY
15 013 . 030 APPLICATION
150130040 CIVIL REGULATORY ORDER
15 013 . 050 CIVIL FINES
150130060 REVIEW OF APPROVED PERMITS
15 . 13 . 070 REVOCATION OR MODIFICATION OF PERMITS AND
APPROVALS
15 . 13 . 005 SEVERABILITY
This Ordinance shall be governed by the laws of the State of Washington . In the event that
any portion or section of this Ordinance be declared invalid or unconstitutional by a court of
competent jurisdiction , the remainder of the Ordinance shall not be affected and shall remain
in full force and effect .
15 . 13 . 010 ENFORCING OFFICIAL ; AUTHORITY
The review authority shall be responsible for enforcing those codes and ordinances to which
this title applies , and may adopt administrative rules to meet that responsibility . The review
authority may delegate enforcement responsibility , as appropriate .
15 . 13 . 020 GENERAL PENALTY
Compliance with the requirements of those codes and ordinances to which this title applies ,
shall be mandatory . The general penalties and remedies established in Title 1 . 04 , Mason
County Code , for such violations shall apply to any violation of those titles , unless specific
penalties or remedies are provided in the applicable code or ordinance .
15 . 13 . 030 APPLICATION
A . Actions under this chapter may be taken in any order deemed necessary or desirable by
the review authority to achieve the purpose of this chapter or of the Development
Code .
B . Proof of a violation of a development pen-nit or approval shall constitute prima facie
evidence that the violation is that of the applicant and/or owner of the property upon
which the violation exists . An enforcement action under this chapter shall not relieve
or prevent enforcement against any other responsible person .
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15 . 13 . 035 WARNING NOTICE
Prior to other enforcement action , and at the option of the review authority , a warning notice
may be issued . This notification is to inform property owners of practices which constitute or
will constitute a violation of the development code or other development regulation as
I
ncorporated by reference and may specify corrective action . This warning notice shall require
a response from the property owner within 20 days and will be sent by certified/ registered
mail .
15 . 13 . 040 CIVIL REGULATORY ORDER
A . Authority . A civil regulatory order may be issued and served upon a person if any
activity by or at the direction of that person is , has been , or may be taken in violation
of the Development Code .
B . Notice . A civil regulatory order shall be deemed served and shall be effective when
posted at the location of the violation and/ or delivered to any suitable person at the
location and/ or mailed first class or otherwise to the owner or other person
having responsibility for the location and not returned . Provided that the notice and
order required when the building official has determined that a building is a dangerous
building shall be as provided in section 401 , except that appeals of the Building Official
order shall be to the Hearing Examiner as specified in the Development Code .
C . Content . A civil regulatory order shall set forth :
1 . The name and address of the person to whom it is directed .
2 . The location and specific description of the violation .
3 . A notice that the order is effective immediately upon posting at the site and/ or
receipt by the person to whom it is directed .
4 . An order that the violation immediately cease , or that the potential violation be
avoided .
5 . An order that the person stop work until correction and/or remediation of the
violation as specified in the order .
6 . A specific description of the actions required to correct , remedy , or avoid the
violation , including a time limit to complete such actions .
7 . A notice that failure to comply with the regulatory order may result in further
enforcement actions , including civil fines and criminal penalties .
8 . A notice of the date , time and place of appearance before the Hearing Examiner
as provided in section 15 . 13 . 045 ,
D . Remedial Action . The review authority may require any action reasonably calculated
to correct or avoid the violation , including but not limited to replacement, repair ,
supplementation , revegetation , or restoration .
,
15 . 13 . 045 HEARING BEFORE THE HEARING EXAMINER
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A. A person to whom a notice of a civil violation is issued will be scheduled to appear
before the hearings examiner after the notice of civil violation is issued Extensions
may be granted at the discretion of the appropriate Review Authority .
B . Correction of Violation The hearing will be canceled and no monetary penalty will be
assessed if the applicable Review Authority determines that the required corrective
action completed or is on schedule for completion as set by the Review Authority at
least 48 hours prior to the scheduled hearing .
Co Procedure . The hearings examiner shall conduct a hearing on the civil violation
pursuant to the rules of procedure of the hearings examiner . The applicable Review
Authority and the person to whom the notice of civil violation was directed may
participate as parties in the hearing and each party may call witnesses The county shall
have the burden of proof to demonstrate by a preponderance of evidence that a
violation has occurred and that the required corrective action will correct the violation .
The determination of the applicable Review Authority shall be accorded substantial
weight by the hearings examiner in determining the reasonableness of the required
corrective action .
D . Decisions of the Hearings Examiner .
l . The Hearing Examiner shall determine whether the county has established by a
preponderance of the evidence that a violation has occurred and that the
required correction will correct the violations and shall affirm vacate , or
modify the county ' s decisions regarding the alleged violation and/ or the
required corrective action , with or without written conditions .
2 . The Hearing Examiner shall issue an order to the person responsible for the
violation which contains the following information :
a . The decision regarding the alleged violation including findings of fact
and conclusions based thereon in support of the decision ;
b . The required corrective action ;
c . The date and time by which the correction must be completed ,
d . The monetary penalties assessed based on the criteria in subsection
(D) (3 ) of this section ;
e . The date and time by which the correction must be completed ;
3 . Monetary penalties assessed by the Hearing Examiner shall be in accordance
with the monetary Penalty in Section 15 . 13 . 050 .
a . The Hearing Examiner shall have the following options in assessing
monetary penalties :
i. Assess monetary penalties beginning on the date the notice of
civil violation was issued and thereafter ; or
assess monetary penalties beginning on the correction date set by
the applicable Review Authority or alternate correction date set
by the Hearings Examiner and thereafter ; or
ATTAC14MENT A . ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 24
iii Assess less than the established monetary Mnalty set forth in
Section 15 13 050 based on the criteria of subsection (D) (3 ) (b) of
this section ; or
iv . Assess no monetary_penalties .
b . In determining the monetary penalty assessment the Hearing Examiner
shall consider the following factors :
i. Whether the person responded to staff attempts to contact the
person and cooperated with efforts to correct the violation ;
ii . Whether the person failed to appear at the hearing :
iii. Whether the violation was a repeat violation ;
iv . Whether the person showed due diligence and/or substantial
progress in correcting the violation ;
v . Whether a genuine code interpretation issue exists ; and
vi. Any other relevant factors .
c . The Hearing Examiner may double the monetary penalty schedule if the
violation was a repeat violation . In determining the amount of the
monetary penalty for repeat violations the Hearing Examiner shall
consider the factors set forth in subsection (D) (3 ) (b) of this section .
4 . Notice of Decision Upon receipt of the Hearing Examiner ' s decision the
Review Authority shall send by first class mail and by certified mail return
receipt requested a copy of the decision to the person to whom the notice of a
civil violation was issued . The decision of the Hearing Examiner shall be
rendered within 10 working days of the hearing .
E . Failure to Appear If the person to whom the notice of civil violation was issued fails to
appear at the scheduled hearing_ the Hearing_Examiner will enter a default order with
findings pursuant to subsection (D) (2) of this section and assess the appropriate
monetary penalty pursuant to subsection (D) (3 ) of this section The county will enforce
the Hearing Examiner ' s order and any monetaa penalty from that person .
F . Appeal to Superior Court An appeal of the decision of the Hearings Examiner must be
filed with superior court within 30 calendar days form the date the Hearing Examiner ' s
decision was personally served upon or was mailed to the person to whom the notice of
civil violation was directed or is thereafter barred .
15 . 13 . 050 CIVIL FINES
A . Authority . A person who violates any provision of the Development Code , or who
fails to obtain any necessary permit , or who fails to comply with a civil regulatory
order shall be subject to a civil fine .
B . Amount . The civil fine assessed shall not exceed one thousand dollars ($ 1 , 000 . 00) for
each violation . Each separate day , event , action or occurrence shall constitute a
separate violation .
C . Notice . A civil fine shall be imposed by a written notice , and shall be effective when
served or posted as set forth in 15 . 13 . 04 C 3$(B) . ,
ATTACHMENT A , ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 25
natnie
7 9 9 9 all UIC/
D . Collection .
l . Civil fines shall be immediately due and payable upon issuance and receipt of
the notice . The review authority may issue a regulatory order stopping work
until such fine is paid .
2 . If remission or appeal of the fine is sought , the fine shall be due and payable
upon issuance of a final decision .
3 . If a fine remains unpaid 30 days after it becomes due and payable , the review
authority may take actions necessary to recover the fine . Civil fines shall be
paid into the County ' s general fund . The review authority , in its discretion , may
detennine that assessments in amounts of $ 500 . 00 or more shall be payable in
not to exceed three equal annual installments . The payments shall bear interest
equal to that charged on delinquent taxes by the Assessors Office . Such an
account in good standing shall not be considered as delinquent unpaid fines as
provided in (C) in this section .
4 . Unpaid fines shall be assessed against the property and be recorded on the
assessment role , and thereafter said assessment shall constitute a special
assessment against and a lien upon the property , provided that fines in excess of
the assessed value shall be a personal obligation of the property owner , and
fines assessed against persons who are not the property owner shall be personal
obligations of those persons .
The review authority shall issue a decision on the application within ten dayS4 A fine
may be remitted only upon a demonstration of extiaordinary cirottinstanc
F6 Appeal . A civif fine may be appeafed to ttie eounty eommissioners as set forth in Tit!
E4 Application for ReMiSSiOn . Any perso 4 civif fine inay , within ten days of
E . Immediately upon its being placed on the assessment roll , the assessment shall be
deemed to be complete , the several amounts assessed shall be payable , and the
assessments shall be liens against the lots or parcels of land assessed , respectively . The
lien shall be subordinate to all existing special assessment liens previously imposed
upon the same property and shall be paramount to all other liens except for state }
county and property taxes with which it shall be upon a parity . The lien shall continue
until the assessment and all interest due and payable thereon are paid .
F . All such assessments remaining unpaid after 30 days from the date of recording on the
assessment roll shall become delinquent and shall bear interest at such rates and in such
manner as provided for in RCW 84 . 56 . 020 , as now or hereafter amended , for
delinquent taxes .
G . If the county assessor and the county treasurer assess property and collect taxes for this
jurisdiction , a certified copy of the assessment shall be filed with the county auditor .
The descriptions of the parcels reported shall be those used for the same parcels on the
county assessor ' s map books for the current year .
I4 . The amount of the assessment shall be collected at the same time and in the same
manner as ordinary property taxes are collected and shall be subJect to the salve
ATTACHMENT A . ORD . NO . 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 26
penalties and procedure and sale in case of delinquency as provided for ordinary
property taxes All laws applicable to the levy , collection and. enforcement of property
taxes shall be applicable to such assessment .
15 . 13 . 055 COST RECOVERY
A . Authority . A person who violates any>,rovision of the Development Code ; or who
fails to obtain any necessary permit , or who fails to comply with a civil regulatory
order shall be subject to the recovery of abatement and Hearing Examiner costs .
B . Amount . The Review Authority shall keep an itemized account of the expense incurred
by the county in the repair or demolition of any building done pursuant to enforcement
Linder this Mason County ordinances and of the cost of the Hearing Examiner ' s
involvement in enforcement actions .
C . Notice . Upon completion of the work for which cost recovery is proposed , the Review
Authority shall provide notice by certified return receipt requested to the property
owner or other person on whose behalf the costs were incurred .
D . Collection . Collection of costs shall be as provided for collection of civil fines in
section 15 . 13 . 050 (D) through (H) inclusive .
E . Funds collected shall be as deposited as provided in the respective county regulation or ,
if no other provision is made , shall be deposited in the general fund of the county.
15 . 13 . 060 REVIEW OF APPROVED PERMITS
A . Review : Any approval or pen-nit issued under the authority of the Development Code
may be reviewed for compliance with the requirements of the Development Code , or to
detennine if the action is creating a nuisance or hazard , has been abandoned , or the
approval or permit was obtained by fraud or deception .
B . Review Authority Investigation : Upon receipt of information indicating the need for ,
or upon receiving a request for review of permit or approval , the review authority shall
investigate the matter and take one or more of the following actions :
l . Notify the property owner or permit holder of the investigation ; and/ or
2 . Issue a civil regulatory order and/ or civil fine and/or recommend revocation or
modification of the permit or approval ; and/or
3 . Refer the matter to the County Prosecutor; and/or
4 . Revoke or modify the permit or approval , if so authorized in the applicable code
or ordinance ; and/or
5 . Refer the matter to the Hearing Examiner with a
recommendation for action .
15 . 13 . 070 REVOCATION OR MODIFICATION OF PERMITS AND APPROVALS
[ [ HANDLED BY APPROPRIATE DEPARTMENTS ] ]
A . Upon receiving a review authority ' s recommendation for revocation or modification of
a permit or approval , the Hearing Examiner shall review the
matter at a public hearing , subject to the notice of public hearing requirements (Sec .
15 . 07 . 030) . Upon a finding that the activity . does not comply with the conditions of
approval or the provisions of the Development Code , or creates a nuisance or hazard ,
the Hearing Examiner may delete , modify or impose such
ATTACHMENT A . ORD . NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 27
conditions on the pen-nit or approval it deems sufficient to remedy the deficiencies . If
the Nearing Examiner find no reasonable conditions which would
remedy the deficiencies , , the pen-nit or approval shall be revoked and the activity
allowed by the pen-nit or approval shall cease .
B . Building Permits ® The Building Official , not the Dearing Examiner eounty
has the authority to revoke or modify building permits .
C . Reapplication . If a pen-nit or approval is revoked for fraud or deception , no similar
application shall be accepted for a period of one year from the date of final action and
appeal , if any . If a permit or approval is revoked for any other reason , another
application may be submitted subject to all of the requirements of the Development
Code .
ATTACRMENT A . ORD , NO , 129 -00 , Title 15 - New text is underlined , deleted text is struck-through . 28