§ 15.05.020. Violations—Civil infractions and penalties.

A.

Purpose. It is imperative that regulations set forth in the manual regarding drainage and erosion standards be properly enforced. The purpose of this section is remedial. The remedies of this section are not intended to be exclusive. The Thurston County department of water and waste management ("department") and the county retain the discretion to seek any other remedy or enforcement provided at law or equity, including the remedy of seeking injunctive relief. The use of the civil infraction remedy will better protect the public from the harmful effects of violations, will aid enforcement, and will help reimburse the county for the expenses of enforcement. The department shall adopt policies and procedures for enforcement under this section, including policies providing guidance on when to issue civil infraction notices and criteria for determining the class of infraction that should be issued.

B.

Designation of Enforcement Officer. The enforcement officer for violations under this section is the department's storm and surface water program manager or his/her designee. In the absence of the enforcement officer or designee, the enforcement officer shall be the department director or his/her designee.

C.

Determination of Civil Infractions. Violations of the provisions of this chapter, including the manual standards, are designated as civil infractions pursuant to Chapter 7.80 RCW and Title 26 TCC. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, as amended, Title 26 TCC, and any applicable court rules. Pursuant to RCW 7.80.120 each person found to have committed a civil infraction shall be assessed a monetary penalty based on the class of infraction.

D.

Identification of Violators. An enforcement officer issuing a notice of civil infraction shall take all reasonable steps necessary to correctly identify the alleged violator.

E.

Administrative Responsibilities. The enforcement officer is responsible for assuring department compliance with RCW 7.80.150 (the control and keeping of records of citation books). The custody of these citation books may be further assigned to the prosecuting attorney.

F.

Recording of Civil Infractions. Notice of any civil infraction may be recorded with the Thurston County auditor against the property on which the violation took place in the following circumstances:

1.

The person receiving the notice of civil infraction does not respond as required by RCW 7.80.080;

2.

The person receiving the notice of civil infraction fails to appear at a hearing requested under RCW 7.80.080(3) or (4);

3.

The person assessed a monetary penalty for the civil infraction fails to pay such penalty within the time required by law and does not appeal the penalty. If the penalty is appealed, the enforcement officer may record the notice of civil infraction only if a penalty remains unpaid after a final appellate determination has been entered.

G.

When appropriate, the enforcement officer shall issue notices of infraction that cite an ongoing violation with daily accrual of civil infraction penalties.

(Ord. 12305 § 3, 2000; Ord. No. 15274, § 2(Att. B)Q, 2-23-2016)