HomeMy WebLinkAbout2017/08/22 - Regular BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
Mason County Commission Chambers, 411 North 51h Street, Shelton, WA
AUGUST 22, 2017
1. Call to Order—The Chairperson called the regular meeting to order at 6:00 p.m.
2. Pledge of Allegiance— Dave Windom led the flag salute.
3. Roll Call — Present: Commissioner District 1 - Randy Neatherlin; Commissioner District 2— Kevin
Shutty; Commissioner District 3 —Terri Drexler.
4. Correspondence and Organizational Business
4.1 Correspondence
4.1.1 Mason County Public Hospital District #2 sent a letter announcing that Commissioner Dr.
Lane Johnson intends to resign from the board effective September 1, 2017 and
Commissioner Tommy Thombs will be the representative on the Council effective August 3,
2017.
4.1.2 Washington State Liquor and Cannabis Board sent an application for the HUB Senior Center
111 NE Old Belfair Hwy, Belfair.
4.1.3 Harstine Island Community Club sent a letter about budget reductions.
4.1.4 Washington State Liquor and Cannabis Board sent an application for The Raucus Group 133
NE Waterhill Rd,Tahuya.
4.1.5 Northwest Accountability Project sent a letter regarding Collective Bargaining and the Open
Public Meetings Act.
5. Open Forum for Citizen Input— None
6. Adoption of Agenda - Cmmr. Drexler/Neatherlin moved and seconded to adopt the agenda
as published. Motion carried unanimously. N-aye; S-aye; D-aye.
7. Approval of Minutes—August 7, 2017 Briefing Minutes; August 15, 2017 Regular Meeting Minutes
Cmmr. Neatherl in/Drexler moved and seconded to approve the August 7, 2017 briefing
minutes and August 15, 2017 regular meeting minutes. Motion carried unanimously.
N-aye; S-aye; D-aye.
8. Approval of Action Agenda:
8.1 Approval to amend Resolution 02-17 designating the appointing officers from Mason County for
the Washington Counties Risk Pool. (Ex. A)
8.2 Approval of Warrants
Claims Clearing Fund Warrant #s 8050323-8050696 $ 1,159,108.81
Direct Deposit Fund Warrant #s $
Salary Clearing Fund Warrant #s $
Total $ 1,159,108.81
8.3 Approval to utilize the Washington Electronic Business Solutions (WEBS) program to retain
professional services for online permitting software with a full data conversion of current
Tidemark system records.
8.4 Approval to solicit request for qualifications and quotes for cloud based citizen platform software
that will combine permitting processes with a data conversion to secure future access and
function to county records.
8.5 Approval to set a hearing for September 12, 2017 at 9:30 a.m. to adopt an ordinance
establishing a 60 day notice of intent to adopt the 2016-2036 Comprehensive Plan Update.
8.6 Approval to set a public hearing on September 19, 2017 at 9:30 a.m. to adopt the updated
Shoreline Master Program and related codes.
Cmmr. Neatherlin/Drexler moved and seconded to approve action items 8.1 through 8.6.
Motion carried unanimously. N-aye; S-aye; D-aye
BOARD OF MASON COUNTY COMMISSIONERS' PROCEEDINGS
August 22, 2017 - PAGE 2
9. Other Business (Department Heads and Elected Officials)- None
10. 9:30 a.m. Public Hearings and Items set for a certain time—
10.1 Public Hearing to adopt an ordinance amending Mason County Code, Section 15.13 and
15.09.030 to decrease reliance on the Hearings Examiner for reviews that can be conducted
administratively. Staff: Paula Reeves(Ex. B)
Paula Reeves said the first change deals with accessory dwelling units (ADU) and the ability to
review the applications in accordance with the criteria listed in Mason County Code 17.03.029.
The Building Department sees between 15-20 ADU applications annually. Paula noted that most
counties handle ADU decision without a Hearings Examiner.
The second proposed change removes the Hearings Examiner requirement before a notice of
violation is given in regards to Code Enforcement cases. The revision would allow the ability to
call upon the Hearings Examiner in special circumstances or when an appeal is filed.
Patricia Vandehey questioned if the Hearings Examiner would be used at all. Paula clarified that
they will still use the examiner, with the exception of these two items.
Cmmr. Neatherl in/Drexler moved to adopt an ordinance amending Mason County
Code, Section 15.13 and 15.09.030 to decrease reliance on the Hearings Examiner for
reviews that can be conducted administratively. Motion carried unanimously. N-aye;
S-aye; D-aye.
11. Board's Reports and Calendar-The Commissioners reported on meetings attended the past week
and announced their upcoming weekly meetings.
12. Adjournment—The meeting adjourned at 6:44 p.m.
BOARD OF COUNTY COMMISSIONERS
ATTEST: MASON COUNTY, HI GTON
r �
Me issa r , Clerk of tl e Board Kevin Shutty, C pair
i
Terri Drexler, Com issioner
Randyiheatherlin, Commissioner
Ex. A
RESOLUTION No. 7
AMENDS RESOLUTION 02-17
IN THE MATTER OF CONTINUING RELATIONSHIPS WITH THE WASHINGTON
COUNTIES RISK POOL AND THE RELATED APPOINTMENTS AND DESIGNATIONS
OF/FOR EACH MEMBER COUNTY.
i
WHEREAS, several Washington counties agreed to the creation of the Washington Counties
Risk Pool ("Pool'), organized and operating under Chapters 48.62 and 39.34 RCW, to provide to
its member counties programs of joint self-insurance, joint purchasing of insurance, and joint
contracting for or hiring of personnel to provide risk management, claims handling, and
administrative services; and
WHEREAS, the Pool's Interlocal Agreement and Bylaws, and policies of its Board of Directors
require appointees and/or designees from each member county; that is:
a) Director / Alternate Director — officers or employees of each Pool member county that
are appointed by and serve at the pleasure of the respective county's legislative authority
(Article 8 of the Interlocal Agreement and Article 2 of the Bylaws
b) County Risk Manager— an employee of each Pool member county appointed to serve as
a liaison between the County and the Pool as to risk management and who is responsible
for the risk management function within the County (Article 11(b) of the Interlocal
Agreement),
c) County Safety Officer — an active employee designated by each Pool member county
who, along with a related committee, are maintained to consider all recommendations
concerning the development and implementation of a loss control policy to prevent unsafe
practices (Article 11(c) of the Interlocal Agreement); and
d) County Claims Administrator — each Pool member county's must designate someone to
administer civil claims, with whom incidents should be immediately reported to, who is
responsible for sending all claims and lawsuits and reporting various known incidents to the
Pool, and with whom the Pool will coordinate the County's claims administration (section B
of the Pool Board of Directors'Claims Handling Policies and Procedures);
NOW, THEREFORE, BE IT RESOLVED that the Board of Commissioners for Mason County
hereby confirms the appointment or designation of the following individuals for the applicable
and required relationships with the Washington Counties Risk Pool:
Mason County, Wa hin ton
RESOLUTION
Page 2 of 2
i
WCRP Name County Email Telephone#
Relationship Position
Director: Randy Commissioner randyn@co.mason.wa.us 360-427-9670
Neatherlin ext 419 i
Alternate Terri Drexler Commissioner terrij@co.mason.wa.us 360-427-9670
Director: ext 419
Alternate Kevin Shutty Commissioner kshutty@co.mason.wa.us 360-427-9670
Director: ext 419
Alternate Dawn Twiddy HR/Risk Manager dawnt@co.mason.wa.us 360-427-9670
Director/Risk ext 422
Manager:
Risk Manager/ Andrew Bales Risk and Safety abales@co.mason.wa.us 360-427-9670
Claims Compliance ext 643
Administrator: Manager
Safety Officer: Ross McDowell Emergency & rrmcdowell@co.mason.wa 360-427-9670
Information us ext 806
Services Manager
Prosecuting Michael Dorcy Prosecutor michaed@co.mason.wa.us 360-427-9670
Attorney: ext 417
(Civil) Deputy Tim Whitehead Chief Deputy timw@co.mason.wa.us 360-427-9670
Prosecuting A : Prosecuting Atty ext 417
BE IT FURTHER RESOLVED that this resolution shall become effective immediately upon its
passage and shall supersede any prior conflicting action(s); and
BE IT STILL FURTHER RESOLVED that the clerk of this body shall forward a copy of this
resolution, once completed, to the attention of Executive Director Derek Bryan at the
Washington Counties Risk Pool, 2558 RW Johnson Rd, S.W., Suite 106, Tumwater, WA 98512-
6103.
hd
PASSED this day of 2017.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY WASHTNGTON
ATTEST:
Kevin Shutty, Ch lr
WMelQ��Kea�. Clerk o the Board
APPROVED AS TO FORM: Terri Drexler, Commissioner
T7Whiteled,--Friel"Deputy Prosecuting Randy Neatherlin, Commissioner
Attorney
cAusers\mdrewry\appdata\local\temp\xpgrpwise\resolution for wa counties risk pool designation 08092017.doc
Ex. B
ORDINANCE NUMBER
AN ORDINANCE OF THE MASON COUNTY BOARD OF
COMMISSIONERS AMENDING SECTION 15.13, ISSUING NOTICES OF
CODE VIOLATIONS ADMINISTRATIVELY AND SECTION 15.09.030 ,
CONDUCING ADMINISTRATIVE REVIEW OF ACCESSORY
DWELLING UNITS TO DECREASING RELIANCE ON THE HEARINGS
EXAMINER FOR REVIEWS THAT CAN BY CONDUCTED
ADMINISTRATIVELY.
AN ORDINANCE of the Mason County Board of Commissioners("Commissioners")to
amend Title 15 of the Mason County Code, Section 15.13, issuing notices of code
violations administratively and Section 15.09.030, conducting administrative review of
accessory dwelling units.
WHEREAS, Mason County Code 15.13, under the authority of Washington State law,
Chapter 7.8o Revised Code of Washington 23 (RCW), provides for local code enforcement
of civil infractions; and
WHEREAS, a stated purpose of Chapter 7.8o RCW is to allow for local code enforcement
officers to address civil infractions reducing court case loads;
WHEREAS, Mason County Planning has experience administering permits for accessory
dwelling units and Mason County Board of County Commissioners has codified specific
criteria for approval of accessory dwelling units in MCC 17.03.029;
WHEREAS, Mason County is streamlining planning processes and reducing costs for both
citizens and the County;
WHEREAS,the Commissioners find that it is in the public interest to adopt the
amendments described above;
NOW THEREFORE, BE IT HEREBY ORDAINED, by the Board of Commissioners of
Mason County that:
Title 15, "Development Code", Sections 15.13 and 3.5.09030 of the Mason County Code are
hereby amended as set forth in Attachment A,which is attached hereto and incorporated
herein by reference.
J�c� n
DATED this� day of ICU �017.
BOARD OF COUNTY COMMISSIONERS
MASON COUNTY, WASHINGTON
ATTEST: i
I
I�
CI k Board Kevin Shutt y Chair
APPROVED AS TO FORM: 1
�y w
Terri4e##eys, Commissioner
Tim Whitehead, Chief DPA /6'
Randy Neatherlin, Commissioner
Chapter 15.13 - ENFORCEMENT
Sections:
15.13.005-Severability.
This title shall be governed by the laws of the state of Washington. In the event that any portion or
section of this title be declared invalid or unconstitutional by a court of competent jurisdiction, the
remainder of the title shall not be affected and shall remain in full force and effect.
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
15.13.010- Enforcing official—Authority.
(a) 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. An employee of one review authority
department may commence an enforcement action of violations of codes and regulations of other
departments.
(b) Inspections. The purpose of these inspection procedures are to ensure that a property owner's rights
are not violated.
When it is necessary to make an inspection to enforce the provisions of this chapter, or when the
director has reasonable cause to believe that a violation has been or is being committed, the director or
his duly authorized inspector may enter the premises, or building at reasonable times to inspect or to
perform any duties imposed by this chapter, provided that if such premises or building be occupied that
credentials be presented to the occupant and entry requested. If such premises or building be
unoccupied, the director shall first make reasonable effort to locate the owner or other person having
charge or control of the premises or building and request entry. If entry is refused, the director shall have
recourse to remedies provided by law to secure entry.
(Ord. 32-04 Attach. B (part), 2004: Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(part), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996).
15.13.020- Penalty.
(a) Nonconforming 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 exa..,i.— f . ,o
(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.
Page 1
(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, armor 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. 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. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
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 permit 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 against the owner and/or applicant shall not relieve or prevent enforcement
under this chapter or other ordinance against any other responsible person, which, to the extent
allowed by state law, includes an officer or agent of a business or nonprofit organization who, while
violating the applicable provisions, is acting on behalf of, or in representation of, the organization.
(c) Where property has been subjected to an activity in violation of this chapter, the county may bring an
action against the owner of such land or the operator who performed the violation. In addition, in the
event of intentional or knowing violation of this chapter, the hearing examinerreview authority may;
open the GG inty's rant yes+ deny authorization of any permit or development approval on said
property for a period up to ten years from the date of unauthorized clearing or grading. While a case
is pending—befGFe The hearing examine the county shall not authorize or grant any permit or
approval of development on the property.
(d) Nothing in this chapter shall be construed to prevent the application of other procedures, penalties or
remedies as provided in the applicable code or ordinance.
Page 2
(Ord. 32-04 Attach. B (part), 2004; Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(part), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996).
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 parties of practices which constitute or will constitute a violation of the
development code or other development regulation as incorporated by reference and may specify
corrective action. This warning notice may be sent by certified/registered mail, posted on site or delivered
by other means. The parties shall respond to the county within twenty days of the postmark, posting on
site, or delivery of the notice.
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (pant), 1996).
15.13.040- Notice of civil violation.
(a) Authority. A notice of civil violation 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 applicable codes under
Section 15.03.005. A landowner, tenant, or contractor may each be held separately and joint and
severally responsible for violations of the applicable codes and regulations.
(b) Notice. A notice of civil violation shall be deemed served and shall be effective when posted at the
location of the violation and/or delivered to any person at the location and/or mailed first class to the
owner or other person having responsibility for the location and not returned.
(c) Content. A notice of civil violation 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 lone of pearanne before the hearing examiRer as provided
Section . opportunity to appeal the administrative decision to the hearings examiner
consistent with Section 15.11.020.
(d) Remedial Action. The review authority may require any action reasonably calculated to correct or
abate the violation, including but not limited to replacement, repair, supplementation, revegetation, or
restoration.
Page 3
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
15 13.0T5 Hearing before the hearin�,r
(a) A persen te whom a notice of a r.ivil viekati(Dn is issued will be SGheduled tG appear befo-Fe the
heaFings examineF afteF the n9tiGe of Givil violatien is issued. Extensions may be granted at the
rlioore+inn of the onnrnnriate review o„therity
(b) GGrreGflon of Violation. The hearing will be GanGeled of the appliGable review authority determines
review autherity at least forty eight heFc Prier to the ceheduled heorinn
(G) PrOGedure. The heaiiings examiner shall Genduir_l a hearing en the GiVil vielation pursuant te the rules
mdenGe that a violatien has OGGUrred er imminently may OGGLIF —;;Ad th;;t thp required GorreGtive
ev
aGtien Will GGFFeGt the vielation. A hearing exaMiRer's OFder may prohibit future aGtion, and violations
of that ordeF may lead te penalties Linder this title. The determination of the appliGable review
authority shall be aGGerded substantial weight by the heaFoRgs examiRer iR determining the
reasonableness of the required nerreGtiye oration
(d)Deeisiens of the Hearings E c nn✓ .
affirm,'vo elafiens and shall
(2) The he i . )F shall issue an Grder te the peFsen responsible fOF the violation WhiGh
Gent-•nc the fellowinn inform. +inn•
based thereon in c,,PPort of the deoioien•
/R\ The required eerre Gtiye oo+inn•
,
/G\ The date and time by whioh the oorreotien must he oomPle+erl•
(D) The GlVil fines assessed based en the Griteria In subseGtiGn (d)(3) of this SeGtiGll�
/E\ The date and time by whioh the nerree+inn must he eemPletert
\ �rrra.. c--n y ry r��Trrrt�corrccrrvrr-n-rcr.�ry c comprct��.
(3) Givil fines assessed by the hearing examiner shall be in aGGGrdanGe with the Givil fine SeGtion
15.13.050.
Access was issued and +hereofter• eAssess Givil fines beginning on the GGrFection date set by the appliGable reviel f
authority or alternate GC)rreGt*on date set by the hearings examiner and the-re—after; ur
Assess less than the estab"shed GiVil fine set ferth in SeGtiGn 15.13.050 based on tl4ee
Assess no niVil fines
Page 4
(B) in determining the Givil fine assessment, the h ler shall Gons'der the felloMqg-
faetArS:
(i) Whether the person responded to staff attempts tG GentaGt the persen and-GoopeFated
with efforts to gerrent the violation•
,
r Whether the persen failed to appear at the heaf[ng
Whether the violation was repeat violation er if the person has previously violated
� repeat ccn, vrvranvr, vi n n,c-pc».vrr�-ruv-�rc�rvc��ry-v-rvrarca
the applioahle Gc)des regulatiens and ordinances;
Whether the person showed due diligenGe and/or substantial progress on GerreGting.
the violation;
(v)Whether a genuine cede interpretation issue exists;and
(vi) Any ether relevant fantors
(G) The hearing examiner may double the GiVil fine SGhedule If the violation was a repeat
violation er the person has previous vialatiens of the appliGable Godes regulatiens of-
ordinances. in determining the amount of the oiyil fine for repeat violations the hearing
(4) NGt'Ge ef DeGision. Upen reGeipt of the hearing examiner's deGiSiGR, the review authOFity shall
send by first Glass mail and by GeFtified mail return FeGeipt requested a GGPY of the deGisien to
the person to whom the nOt'Ge ef a GOVOI violatien was issued. The deGision ef the hearing
examiner shall he rendered within ten working `Joys of the hearing
(e) Failure te Appear. if the person tA A'�hnrn th'e 'n9tiGe Of GiVil vielatien was issued fails te appear at the
,;r--heduled- hearing, the hearing 0.11. e-nter a default erdeF with findings pursuant tG
subseGtian (d)(2) ef this SeGtien and assess the appropriate GiVil fine PUFSuant te subseGtion (d)(3) e
this seGtien. The GOunty will enfaFGe the hearing examiner's erder and any GiVil fine from that person.
(f) Appeal te Superior Court. See SeGtion 15.11.040 judiGial Appeal.
(Ord. 179 02 n owtae (paft), ; . 'd. 142 02 Attaeh t\�nm: Ord. 00 02 nt4ae1, u
• V .�6 �e n (part), 2001: n,.,1 129 00 n+t.,e1, n § 2 (. aA) 2000: vex
� � rrci��-vv-zrcca����-�arc�cv vv—rccr
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, who fails to comply with the conditions of a permit, or who fails to comply with a
notice of civil violation shall be subject to a civil fine.
(b) Amount. The civil fine assessed shall not exceed one thousand dollars for each violation, xcept
ere the hearings examiner's autherized ,inner this ghapter to der ble the fine. Each separate day,
event, action or occurrence shall constitute a separate violation.
(c) Notice. A civil fine shall be imposed by an order of the hearings examiner review authority, and shall
be effective when served or posted as set forth in Section 15.13.040(b).
(d) Collection.
(1) Civil fines shall be immediately due and payable upon issuance and receipt of order of the
hearings examrnerreyiew authority. The review authority may issue a stop work order 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.
Page 5
(3) If a fine remains unpaid thirty 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
abatement fund unless otherwise provided by ordinance. The review authority, in its discretion,
may determine that assessments in amounts of five hundred dollars 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 under RCW 84.56.020. Such an account in good standing shall not
be considered as delinquent unpaid fines as provided in subsection (d)(4) of this section.
(4) Unpaid fines shall be assessed against the property and be recorded on the assessment roll,
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.
(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 thirty 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 treasurer. 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.
(h) The amount of the assessment lien shall be billed annually by the treasurer's office on the date of the
assessment lien until paid and shall be subject to the same 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. Notwithstanding the previous
provisions, the foreclosure process and sale process may be commenced within a year of the
creation of a lien when the review authority or the hearing examiner make a written request to the
treasurer's office to commence the process.
(Ord. 80-03 Attach. B (pant), 2003; Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(pant), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996).
15.13.055-Cost recovery.
(a) Authority. Notwithstanding any other code provision, a person who violates any provision of any code
or regulation under MCC Section 15.03.005, or who fails to obtain any necessary permit, or who fails
to comply with a notice of civil violation shall be subject to enforcement, hearings examiner, and
abatement costs. Costs an year 2002 shall be fifty two dollars and thirty nonfo per hear for any
employee of Mason County, eXGept that depaFtment heads and managers, e1eGted als,and
deputy prosecutor time shall be SeVeRty five dellars per heuF. Fer every year after 2002, the rate may
be adjusted o nGrdinn try the Gonsurner Drino index
(b) Amount. The review authority shall keep an itemized account of the time spent by employees of the
county in the enforcement or abatement of any code or any regulation under Section 15.03.005. The
rev+ equest-Gents be ordeFed�by-the heaFings exaaminer.The hnnrinn examiner may
ardeF costs.
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(c) Notice. Upon completion of the work for which cost recovery is proposed, the review authority shall
provide notice by certified mail return receipt requested to the property owner or other person on
whose behalf the costs were incurred.
(d) Collection. Costs may be collected as provided in MCC Section 15.13.050(d) through (h) inclusive.
(e) Civil fines and funds collected shall be deposited as provided On the respeGtive Gounty Feg lotion or, f
no ether previsien is made shall be depesited in the geneFal--abatement fund of the county.
abatement fund. If the director decides to close the fund, the remaining fund balance shall revert
back to the general fund.
(Ord. 179-02 Attach. B (pant), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
15.13.060-Abatement.
(a) The review authority may abate the violation if corrective work is not commenced or completed within
the time specified in a notice of civil violation.
(b) If any required work is not commenced or completed within the time specified, the review authority
may proceed to abate the violation and cause the work to be done and charge the costs thereof as a
lien against the property and any other property owned by the person in violation and as a personal
obligation of any person in violation.
(Ord. 32-04 Attach. B (part), 2004: Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(part), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996).
15.13.070- Review of approved permits.
(a) Review. Any approval or permit issued under the authority of the development code may be
reviewed for compliance with the requirements of the development code, or to determine 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:
(1) Notify the property owner or permit holder of the investigation;
(2) Issue a notice of civil violation and/or civil fine and/or recommend revocation or modification of
the permit or approval;
(3) Refer the matter to the county prosecutor;
(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.
(Ord. 32-04 Attach. B (part), 2004: Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B
(part), 2002: Ord. 88-02 Attach. B (part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00
Attach. A § 2 (part), 2000: Res. 79-78 (part), 1998: Res. 136-96 (part), 1996).
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15.13.075- 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 (Section 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 conditions on
the permit or approval it deems sufficient to remedy the deficiencies. If the hearing examiner
finds no reasonable conditions which would remedy the deficiencies, the permit or approval
shall be revoked and the activity allowed by the permit or approval shall cease.
(b) Building Permits. The building official, not the hearing examiner has the authority to revoke or
modify building permits.
(c) If a permit is not acted on within three years of authorization, the permit is automatically
revoked.
(d) Reapplication. If a permit 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.
(Ord. 32-04 Attach. B (part), 2004).
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15.09.030-Type I and Type II review—Without notice.
(a) After the determination 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;
(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.
(6) Accessory Dwelling
(b) The review authority's decisions under this section shall be final on the date issued.
(Ord. 179-02 Attach. B (part), 2002; Ord. 142-02 Attach. B (part), 2002: Ord. 88-02 Attach. B
(part), 2002: Ord. 116-01 Attach. A (part), 2001: Ord. 129-00 Attach. A § 2 (part), 2000: Res.
79-78 (part), 1998: Res. 136-96 (part), 1996).
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