HomeMy WebLinkAbout2023-036 - Ord. Amending Mason County Code Title 15 Regarding Infractions ORDINANCE NUMBER 2023-03)O
AMENDMENT TO MASON COUNTY CODE TITLE 15
ORDINANCE amending sections of Mason County Code Title 15 - Development Code to allow
collection of mandatory Washington State public safety and education assessment fees.
WHEREAS, under RCW 3.62.090 Mason County is required to collect public safety and
education assessments(PSEA); and
WHEREAS, Title 15 does not currently allow for the inclusion of PSEA fees on infractions;
and
WHEREAS, the Commissioners considered the proposed amendment at a duly advertised public
hearing on June 201h, 2023; and
WHEREAS, the Board of County Commissioners took public testimony from interested parties,
considered all the written and oral arguments, testimony and comments presented; and
WHEREAS, the Board of County Commissioners also considered the Staff Report; and
WHEREAS, the Board of County Commissioners finds that the proposed amendment to Title 15,
Section 15.01.020 and 15.13.020, complies with all applicable requirements of the Mason
County Code, and that it is in the best public interest; and
BE IT HEREBY ORDAINED, the Mason County Board of Commissioners hereby approves and
ADOPTS amendments to the Mason County Code Title 15, as described in Attachment A.
DATED this day of 2023.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, WASHINGTON
McKenzie Smit , Cle of the Board Sharon Trask'
Chair
APPROVED AS TO FORM: /6 A,
Ra y Nea rlin, Vice-Chair
� .
Tim u Prosecuting
0—
Attorney Kevin Shutty, Co issioner
Attachment A
15.01.020 Definitions.
The following definitions shall apply to this title:
"Accessory structure"is as defined in the relevant code or ordinance.
"Adjacent property owners" means the persons who are owners of lots,as shown on the county assessor
records,within three hundred feet,not including street rights-of-way,of the boundaries of the property which is
the subject of the meeting or pending action.
"Closed record public meeting" means a public meeting where the hearing body receives the record of past
public hearings on the matter and evaluates the proposal based upon that established record of standards and
issues brought up previously.Testimony is taken but the issues are limited to the topics of past public hearing
review.
"Code" means the Mason County Code or portion of that code.
"Completed application."See RCW 36.706.070.
"Comprehensive plan" means the Mason County Comprehensive Plan, as amended.
"Comprehensive plan amendment" means an amendment or change to the text or maps of the
comprehensive plan.
"Date of decision" means the date on which final action occurs and from which the appeal period is
calculated.
"Density" is as defined in the relevant code or ordinance.
"Development" means any land use permit or action regulated by Titles 6,8, 14, 16,and 17 MCC, including,
but not limited to,construction permits,conditional use permits,variances,or subdivisions.
"Development Code" means the Mason County Development Code.Title 15 of the Mason County Code.
"Effective date" means the date a final decision becomes effective.
"Final decision" means the final action by the review authority,hearing examiner,or board of county
commissioners.
"Lot" is as defined in the relevant code or ordinance.
"MCC" means the Mason County Code.
"Open record public hearing" means 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" means any or all of the adopted Mason County ordinances or resolutions.
"Party of record" means 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" means any person,firm,business,corporation, partnership of other associations or organization,
marital community, municipal corporation,or governmental agency.
"Project" means a proposal for development.
"Project permit"per RCW 36.70B.020(4).
"Review authority"means the Di_re<tors of Community Development Public
Health and Human Services and Public Works or his BF heFtheir designees,which depend on the responsibility as
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Attachment A
determined by the respective codes,ordinances,and regulations. Responsibilities of the review authority may be
delegated when not contrary to law or ordinance.
"Setback" is as defined in the relevant code or ordinance.
"Variance" is as defined or used in the relevant code or ordinance.
"Yard" is as defined in the relevant code or ordinance.
(Ord. No. 51-17,Att.C,9-19-2017;Ord. No. 2021-064,Att.C, 10-12-2021)
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Attachment A
15.13.020 Penalty.
(a) Non-conforming structures and other non-conforming land modifications shall be a continuing
violation. Every day of violation shall be a separate violation. It shall be a violation to own,use,
control, maintain,or possess a portion of any premises which has been constructed,equipped,
maintained,controlled,or used in violation of any of the applicable provisions, MCC Section
15.03.005, in this title.Structures or activities which were made or conducted without a permit,
when a permit was required at the time of first action,do not vest and require current permits.Any
person,firm,or corporation who violates or who solicits, aids,or attempts a violation are
accountable under this chapter and are subject to the penalty provisions as well as the hearing
examiner process.
(b) Compliance with the requirements of those codes and regulations listed under MCC Section
15.03.005 shall be mandatory,and violations of those codes are within the purview of this chapter.
(c) Any private party who intentionally, recklessly,or negligently violates any of the applicable codes,
regulations and ordinances is guilty of a misdemeanor.This includes, but is not limited to, a
violation of notice and order,a violation of notice of civil violation,a violation of a warning notice,a
violation of a stop work order,violation of a do not occupy order,or failure to comply with orders
of the hearings examiner.Any person convicted of a misdemeanor under this section shall be
punished by a fine of not more than five hundred dollars,or by imprisonment not to exceed ninety
days,or by both,unless otherwise required by state laws. Each such person is guilty of a separate
offense for each and every day during any portion of which any violation of any of the applicable
provisions is committed,continued, permitted,or aided by any such person.
(d) Notwithstanding the provisions of any other code,the review authority is authorized to issue civil
infractions for violations of any provision of any code or regulation listed under Section 15.03.005.
The enforcement officer may issue a civil infraction ticket of up to two hundred fifty dollars for the
first violation and up to five hundred dollars for the second and subsequent violations_
notwithstanding mandatory PSEA assessments.Second and subsequent violations refer to any
violation of any provision of Section 15.03.005 within two years of the first violation.A violator is:
(1)one who 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, 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,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 violates any provision of Title 15. 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 Revised Code of Washington 7.80(Civil Infractions). Each day of the
violation shall be considered a separate offense.
(Ord. No.84-18,Att.A, 12-4-2018;Ord. No.2021-064,Att.C, 10-12-2021)
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