HomeMy WebLinkAbout03-02 - Ord. Establishing Civil Infractions for Violations of Mason County Construction Code Ordinance No . 03 - 0 2
An ordinance establishing civil infractions for violations of the Mason County
construction code .
Be it ordained by the Board of County Commissioners of Mason County, Washington,
As follows :
Whereas various provisions of Title 14 make it a misdemeanor to violate Title 14 ,
Whereas the Mason County General Penalty, MCC 1 . 04 . 010 makes it a misdemeanor to
violate Title 14 ,
Whereas Mason County Code 15 . 13 . 020 makes it a misdemeanor to violate Title 14 ,
Whereas certain minor violations of Title 14 could be charged as a crime but are more
appropriately charged as a civil infraction,
Whereas the civil infraction process is less cumbersome for both county government and
violators in that it is cheaper and faster to administrate and does not result in a criminal
charge on a violator ' s criminal history and does not result in jail time for the violator,
Now, therefore be it resolved by the Board of County Commissioners of Mason County
as follows :
Effective immediately, Mason County Code 14 . 12 shall be amended by inserting a new
section Mason County Code 14 . 12 . 035 which states the following :
"The code enforcement officer for Mason County Department of Community
Development, Building Division, is hereby authorized to issue civil infractions for
violations of any provision of Title 14 . The enforcement officer may issue a civil
infraction ticket of up to $200 for the first violation and up to $400 for the second
violation and subsequent violations . Second and subsequent violations refers to any
additional violation of any provision of Title 14 within two years . A violator is : 1 ) one
owns the property and knows the violation is occurring and fails to take action to abate it,
2) one who causes the violation to occur or solicits , commissions, encourages , requests or
aids the violation, 3 ) one who has a virtual exclusive right to possess the land, as in a
tenant, equitable title owner, or trust beneficiary, and who aids , abets , commissions ,
solicits , requests , encourages or knowingly allows a violation to occur on the land, or 4)
to the maximum extent allowed under Washington law, any company whose employee or
employees violate any provision of Title 14 . Proof in district court shall be by a
preponderance of the evidence . To the extent that there is no conflict with this
regulation, all such civil infractions under this regulation shall be governed by the
standards and procedures set forth in Devised Code of Washington 7 . 80 (Civil
Infractions) . Each day of violation shall be considered a separate offense . "
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Adopted and passed this 8th day of January, 20020
'Herb Baze, Commissioner
; ^y.) Uf
Wesley hngori, Commissioner
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Pe6
bert Holter, Commissioner
Approved as to form :
Mason County Deputy Prosecuting Attorney
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