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HomeMy WebLinkAbout2026-050 - Ord. Amending Mason County Code Chapter 6.04 ORDINANCE NO. O ) -(Y AN ORDINANCE TO AMEND MASON COUNTY CODE TITLE 6, CHAPTER 6.04 DEFINITIONS AND GENERAL PROVISIONS WHEREAS,Mason County Code Title 6, Chapter 6.04 Definitions and General Provisions were established in 1970 and last amended in 1979 via ordinance number 963; and WHEREAS,the existing language was written at a time when public health was administered by the Thurston-Mason Health District; and WHEREAS,the state laws referenced have changed, do not exist, or are not applicable to a single jurisdiction health department; and WHEREAS,portions of the existing language are inconsistent with the Fourth Amendment of the US Constitution and the Washington State Constitution; and WHEREAS,the Mason County Board of Health reviewed and approved the proposed amendments on August 4,2026; and WHEREAS,a public hearing was held on October 13,2026 in accordance with Mason County Code; and WHEREAS,the Board of County Commissioners took public testimony from interested parties, considered all written and oral arguments,testimony,and comments presented; and NOW,THEREFORE,BE IT ORDAINED,the Mason County Board of Commissioners hereby approves and adopts revisions to Mason County Code Title 6.04,which is to read: Chapter 6.04 DEFINITIONS AND GENERAL PROVISIONS 6.04.010 Title. The rules and regulations contained in this title shall be known as the Sanitary Code of the Mason County Board of Health. (Ord.963(part),1979;Art.I§1,of Res.dated July,1970 and amended November 5,1970). 6.04.020 Definitions. (a) "Board of health"means the Mason County Board of Health pursuant to the provisions of RCW Section 70.05.030. (b) "Health department," "department of health"or"department" means the Mason County Public Health and Human Services department and includes all the territory embraced within Mason County and all cities and towns therein,as defined in RCW Section 70.05.030. (c) "Health officer"means the local health officer of the Mason County Public Health and Human Services department as defined in RCW Section 70.05.010 or his duly authorized representative. (d) "Person"means any individual,firm,corporation,partnership or association and the agents,employees, servants and legal successors thereof or agency of the federal government which is subject to the jurisdiction of the state. (e) "Sanitary code"or"code"means and comprises the rules and regulations now formulated,promulgated, adopted and subsequently amended by the Mason County Board of Health pursuant to the provisions of RCW Section 70.05.060. (Ord.963(part), 1979;Art.I§2 of Res.dated July,1970 and amended November 5,1970). 6.04.030 Sanitary code—Jurisdiction and filing. (a) Jurisdiction.The provisions of the code shall be in force within the jurisdiction of the Mason County Board of Health as defined in RCW Section 70.05.030. (b) Filing.At least one copy with accompanying chapters of RCW and WAC as indicated in separate articles shall be on file in the office of each municipal clerk or auditor within the jurisdiction of the department. (Ord.963(part), 1979;Art.I§3 of Res.dated July,1970 and amended November 5, 1970). 6.04.040 Enforcement. It shall be the duty of the health officer to enforce the provisions of this code,and,in the performance of this duty is hereby authorized to request entry,at any reasonable hour,to any premises as may be necessary in the enforcement of this code. If the request for entry is not granted by the owner or occupant currently in possession of the property,the health officer may seek a warrant for entry as provided by law. This does not preclude or restrict staff from exercising other legal options. (Ord.963(part),1979;Art.I§4 of Res.dated July,1970 and amended November 5,1970). 6.04.050 Penalties. Any person who violates or refuses or fails to comply with any of the provisions of this code is guilty and subject to punishment pursuant to the provisions of RCW Section 70.05.120. A misdemeanor is as defined in RCW 9A.20.021. (Art. I§5 of Res.dated July,1970 and amended November 5,1970). 6.04.060 Hearings for proposed articles. The health officer shall advertise a hearing for the adoption of proposed articles in this code in a newspaper of general circulation at least ten days prior to the date of a hearing for the adoption of articles.The advertisement of hearing shall include a summary of the articles proposed to be adopted.The health officer shall provide electronic copies of the proposed articles to meet the reasonable demands of persons interested therein,and the same shall be available at least fourteen days prior to a public hearing held for the adoption of articles.All hearings held under this code for the adoption of articles shall be open to the public and a record of the proceedings shall be kept by the clerk of the board of Mason County Commissioners. (Art.I§6 of Res.dated July, 1970 and amended November 5,1970). 6.04.070 Interference with notices. No person shall remove,mutilate or conceal any notice or placard of the health department posted in or on any premises or public place except by permission of the health officer. (Art. I,§7 of Res.dated July, 1970 and amended November 5, 1970). 6.04.080 Regulations supplemental—Supersede prior rules. The regulations of this code shall be supplemental to the rules and regulations of the State Board of Health, Public Health Law,Penal Law and other Washington State Laws relating to public health and shall,as to matters to which it refers,and within the jurisdiction heretofore prescribed,supersede all prior rules,regulations and standards of the board of health and all local ordinances heretofore or hefeafter enacted inconsistent herewith. (Art.I§8 of Res.dated July, 1970 and amended November 5,1970). 6.04.090 Inspections. (a) All premises covered by this code shall be subject to the inspection of the health officer and if any violation of the sanitary code exists on the premises,any permit granted by the health officer may be suspended forthwith. (b) No person shall harass the health officer in the discharge of his duty. (Art.I§9 of Res.dated July,1970 and amended November 5,1970). 6.04.100 Permits. (a) All applications for a permit,certificate,inspection or written approval by the health officer as herein required shall be made upon forms prescribed and furnished by the department and shall be signed by the applicant who shall be the person or authorized agent thereof responsible for conformance to the conditions of the permit,certificate,inspection or written approval by the health'officer for which applied.Such application shall contain such data and information and be accompanied by such plans and specifications as may be required by the health officer. (b) A permit or certificate issued to a particular person or for a designated place,purpose or vehicle shall not be valid for use by any other person or for any other place,purpose or vehicle than that designated therein. Such permit,certificate,inspection or written approval by the health officer may contain general and specific conditions and every person who shall have obtained a permit,certificate,inspection or written approval by the health officer as herein required shall conform to the conditions prescribed in the permit,certificate, inspection or written approval by the health officer and to the provisions of this code. Every such permit or certificate shall expire as stated on the permit or certificate and may be renewed,suspended'for cause or revoked by the health officer after due notice and hearing in accordance with Sections 6.04.120 and 6.04.130. (c) Whenever,upon inspection of any public establishment,sanitary facility or utility,the health officer finds that conditions or practices exist which are in violation of any provision of the sanitary code,the health officer shall give notice in Writing in accordance with Section 6.04.120(a)to the person to whom the permit or certificate was issued that unless such conditions or practices are corrected within a reasonable period of time specified in the notice by the health officer,the permit or certificate shall be suspended.At the end of such period,the health officer shall make another inspection and,if such conditions or practices have not been corrected,he shall suspend the permit or certificate and give notice in writing of such suspension to the person to whom the permit or certificate is issued:Upon receipt of notice of such suspension,such person shall cease operation except as provided in Section 6.04.120(b). (Art.I§10 of Res.dated July,1970 and amended November 5,1970). 6.04.110 Fees. All fees collected under the provisions of this code contained herein shall be payable to the department and credited to the public health pooling fund to aid in carrying out the provisions of the sanitary code. (Ord.963(part), 1979;Art.I§11 of Res.dated July,1970 and amended November,1970). 6.04.120 Notices, hearing and orders. (a) Notice.Whenever the health officer determines that there are reasonable grounds to believe that there has been a violation of any provision of the sanitary code,the health officer shall give notice of such alleged violation to the person to whom the permit or certificate was issued,as hereinafter provided.Such notice shall: (1) Be in writing; (2) Include a statement of the reason for its issuance; (3) Allow a reasonable time for the performance of any act it requires; (4) Be served upon the owner or his agent as the case may require;provided,that such notice or order shall be deemed to have been properly served upon such owner or agent when a copy thereof has been sent by registered mail to his last known address,or when he has been served with such notice by any method authorized or required by the laws of this state; (5) Contain an outline of remedial action which,if taken,will effect compliance with the provisions of the sanitary code. (b) Hearing.Any person affected by any notice which has been issued in connection with the enforcement of any provision of the sanitary code,may request and shall be granted a hearing on the matter before the health officer;provided,that such person shall file in the office of the health officer a written petition requesting such hearing and setting forth a brief statement of the grounds therefor within ten days after the day the notice was served.The filing of the request for a hearing shall operate as a stay of the notice and of the suspension except in the case of an order issued under subsection(e)of this section.Upon receipt of such petition,the health officer shall set a time and place for such hearing and shall give the petitioner written notice thereof.At such hearing the petitioner shall be given an opportunity to be heard and to show why such notice should be modified or withdrawn.The hearing shall be commenced not later than ten days after the day on which the petition was filed;provided,that upon application of the petitioner the health officer may postpone the date of the hearing for a reasonable time beyond such ten-day period when in his judgment the petitioner has submitted good and sufficient reasons for such postponement. (c) Order in Writing.After such hearing the health officer shall make findings as to compliance with the provisions of this chapter and shall issue an order in writing sustaining,modifying or withdrawing the notice which shall be served as provided in subsection(a)(4)of this section. Upon failure to comply with any order .sustaining or modifying a notice,the permit or certificate affected by the order shall be revoked. (d) Recording of Proceedings.The proceedings at such a hearing,including the findings and decision of the health officer,and together with a copy of every notice and order related thereto shall be entered as.a matter of public record i.n the office of the health officer,but the transcript of the proceedings need not be transcribed unless judicial review of the decision is sought as provided by this section.Any person aggrieved by the decision of the health officer may seek relief therefrom in any court of competent jurisdiction,as provided by the laws of this state. (e) Emergency Requiring Immediate Action.Whenever the health officer finds that an emergency exists which requires immediate action to protect the public health,he may without notice or hearing issue an order reciting the existence of such an emergency and requiring that such action be taken as he may deem necessary to meet the emergency including the suspension of the permit or certificate.Notwithstanding-any other provisions of this chapter,such order shall be effective immediately.Any person to whom such an order is directed shall comply therewith immediately,but upon petition to the health officer shall be afforded a hearing as soon as possible.The provisions of subsections(c)and(d)of this section shall be applicable to such hearing and the order issued thereafter. (Art.I§13 of Res.dated July,1970 and amended November 5,1970). 6.04.130 Right of appeal and hearing by petitioner. Any person whose permit or certificate has been denied,suspended or revoked by the health officer may request and shall be granted a hearing on the matter before the board of health pursuant to Section 6.04.130. Appeal must be received in writing by the department within 10 days of the decision rendered. The hearing before the board of health will be scheduled for their next regular meeting. (Ord.963(part), 1979;Art.I§ 12 of Res.dated July,1970 and amended November 5, 1970). DATED this \3 ` day of OCkO J X2 ,2026. BOARD OF COUNTY COMMISSIONERS ATTEST: MASON COUNTY,WASHINGTON ►'Y1UtcXwm:e McKenzie Smith,Clerk of the Board Pat Tarzwell,- hair APPROVED AS TO FORM: Ran N atherlin,Vice-Chair Tim Whitehead,Chief Deputy Prosecuting Attorney Sharen-4rask,Commissioner Vacar�