Title

AN ORDINANCE relating to code compliance standards; and amending Ordinance 10636, Section 3, and K.C.C. 9.12.015, Ordinance 10636, Section 10, as amended, and K.C.C. 9.12.080, Ordinance 14114, Section 18, as amended, and K.C.C. 12.86.700, Ordinance 19276, Section 9, as amended, and K.C.C. 17.11.060, Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.040, Ordinance 13263, Section 1, and K.C.C. 23.01.010, Ordinance 13263, Section 3, as amended, and K.C.C. 23.02.010, Ordinance 13263, Section 5, as amended, and K.C.C. 23.02.040, Ordinance 13262, Section 6, as amended, and K.C.C. 23.02.050, Ordinance 13263, Section 7, as amended, and K.C.C. 23.02.060, Ordinance 13263, Section 8, as amended, and K.C.C. 23.02.070, Ordinance 13263, Section 15, and KC.C. 23.20.010, Ordinance 13263, Section 16, as amended, and K.C.C. 23.20.020, Ordinance 13263, Section 37, as amended, and K.C.C. 23.32.010, Ordinance 13263, Section 40, as amended, and K.CC. 23.32.040, and Ordinance 13263, Section 43, as amended, and K.C.C. 23.36.010.

Body

STATEMENT OF FACTS:

A.  In 2015, the executive transmitted a Code Enforcement and Abatement Process Evaluation report, filed as 2015-RPT0150.  2015-RPT0150 evaluated the county's existing code enforcement process and made recommendations for process improvements and code changes to improve the code enforcement process and shorten the time from initial complaint through resolution.

B.  In November 2022, King County enacted Ordinance 19546, an ordinance that adopted the 2023-2024 Biennial Budget and made appropriations for the operation of county agencies and departments and capital improvements for the fiscal biennium beginning January 1, 2023, and ending December 31, 2024.

C.  Ordinance 19546, Section 90 includes a proviso requiring transmittal of a K.C.C. Title 23 update report, proposed ordinance implementing recommendations of the report, a motion acknowledging receipt of the report, and a motion acknowledging receipt of the report is passed by the council.

D.  The K.C.C Title 23 update report shall include:

  1.  A description of the county's existing code enforcement process as outlined in K.C.C. Title 23 and administrative procedures;

  2.  A description of the ways the code enforcement process has changed from what is described in 2015-RPT0150;

  3.  An evaluation of any changes made to the code enforcement process since from what is described in 2015-RPT0150, including whether the time between initial complaint through resolution has been shortened;

  4.  Recommendations for ways the county's existing code enforcement process, including K.C.C. Title 23, and other parts of the K.C.C. that address land use code enforcement and the county's administrative procedures could be revised to shorten the time from initial complaint through resolution; and

  5.  Recommendations for provisions of the county's development regulations, including but not limited to, K.C.C. Titles 6, 9, 13, 14, 16, 17, 19A, 20, 21A, 27, and 27A, which could be amended to simplify the land use code enforcement process, including to shorten the time between initial complaint through resolution.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  Ordinance 10636, Section 3, as amended, and K.C.C. 9.12.015 are hereby amended to read as follows:

                     The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.

                     A.  "AKART" means "all known, available and reasonable methods of prevention, control, and treatment."  "AKART" represents the most current methodology that can be reasonably required for preventing, controlling, or abating the pollutants associated with a discharge.  "AKART" applies to both point and nonpoint sources of pollution.

                     B.  "Best management practice" or "BMP" means any schedule of activities, prohibition of practices, maintenance procedure, or structural or managerial practice approved by King County that, when used singly or in combination, prevents or reduces the release of pollutants and other adverse impacts to surface water, stormwater, and groundwater.

                     C.  "Cease discharge order" means a written order to immediately cease the activity or activities causing or contributing to the discharge of a prohibited substance to stormwater, surface water, groundwater, or the conveyance system, or to any combination thereof.  A cease discharge order is a form of a stop work order under K.C.C. chapter 23.28.

                     D.  "Chapter" means this chapter and any administrative rules and regulations adopted to implement this chapter.

                     E.  "Clean Water Act" means 33 U.S.C. 1251 et. seq., as amended.

                     F.  "Conveyance system" means the drainage facilities and features, both natural and constructed that provide for the collection and transport of surface water or stormwater runoff.  The natural elements of the "conveyance system" include swales and small drainage courses, streams, rivers, lakes, and wetlands.  The constructed elements of the "conveyance system" include gutters, ditches, pipes, catch basins, channels, and most flow control and water quality facilities.

                     G.  "Director" means the director of the King County department of natural resources and parks, other department directors specified in enforcement procedures established in accordance with this chapter, or the authorized representatives of those directors, including ((compliance officers and)) inspectors of the department of natural resources and parks whose responsibility includes the detection and reporting of civil code violations, as defined in K.C.C. 23.02.010.

                     H.  "Discharge" means throw, drain, release, dump, spill, empty, emit, or pour forth any matter or to cause or allow matter to flow, run or seep from land or be thrown, drained, released, dumped, spilled, emptied, emitted, or poured into water.

                     I.  "Drainage facility" has the same meaning as in K.C.C. 9.04.020.

                     J.  "Farm management plan" means a comprehensive site-specific plan developed by the farm ((owner)) operator in cooperation with the King Conservation District taking into consideration the land owners' objectives while protecting water quality and related natural resources.

                     K.  "Forest practices" means any activity conducted on or directly pertaining to forest land and relating to growing, harvesting, or processing timber, as defined in chapter 222-16 WAC.

                     L.  "Groundwater" means all water found in the soil and stratum beneath the land surface or beneath the bed of any surface water.

                     M.  "Illicit connection" means any human-made connection to the storm drain system, surface water or groundwater that the director determines based on an investigation or other evidence is not composed entirely of stormwater. For the purposes of this subsection, "human-made connections" include, but are not limited to, sanitary sewer connections, floor drains, channels, pipelines, conduits, inlets, hoses, above-ground piping or outlets, that discharge directly to the storm drain system, surface water or groundwater.

                     N.  "National Pollutant Discharge Elimination System" or "NPDES" means the national program for controlling pollutants from point source discharges directly into waters of the United States under the Clean Water Act.

                     O.  "National Pollutant Discharge Elimination System permit" means an authorization, license, or equivalent control document issued by the United States Environmental Protection Agency or the Washington state Department of Ecology to implement the requirements of the NPDES program.

                     P.  "Normal single family residential activities" means activities that are ordinarily associated with domestic residential uses and that ordinarily occur on a single family residential property.  "Normal single family residential activities" include but are not limited to: washing and repair of personal vehicles and boats; storage and disposal of solid and yard wastes; use, storage, and disposal of hazardous wastes; gardening and lawn care; home maintenance and repair; and swimming pool and hot tub maintenance.  "Normal single family residential activities" do not include commercial business activities that are not associated with domestic residential uses or that do not ordinarily occur on a single family residential property.

                     Q.  "Person" means an individual and the person's agent or assign, municipality, political subdivision, government agency, partnership, corporation, business, or any other entity.

                     R.  "Person responsible for code compliance" means either the person who caused the violation, if that can be determined, or the owner, lessor, tenant, or other person entitled to control, use, or occupy, or any combination of control, use, or occupy, property where a civil code violation occurs, or both.  Any person causing or contributing to an action prohibited by this chapter shall be considered a "person responsible for code compliance."

                     S.  "Prohibited discharge" also known as an illicit discharge, means any direct or indirect act of discharging anything other than stormwater to the conveyance system, stormwater, surface water, or groundwater, except as expressly allowed by this chapter.

                     ((S.  "Responsible party" means the owner, operator or occupant of property; or any person causing or contributing to an action prohibited by this chapter.))

                     T.  "Source control BMP" means a BMP intended to prevent contaminants from entering surface water, stormwater, or groundwater including the modification of processes to eliminate the production or use of contaminants.  "Source control BMPs" can be either structural or nonstructural.  Structural source control BMPs involve the construction of a physical structure on site, or other type of physical modification to a site.  An example of a structural source control BMP is building a covered storage area.  A nonstructural source control BMP involves the modification or addition of managerial or behavioral practices.  An example of a nonstructural source control BMP is using less toxic alternatives to current products or sweeping parking lots.

                     U.  "State Waste Discharge Permit" means an authorization, license, or equivalent control document issued by the Washington state Department of Ecology in accordance with chapter 173-216 WAC and under the authority of chapter 90.48 RCW.

                     V.  "Stormwater" means the water produced during precipitation or snowmelt that runs off, soaks into the ground or is dissipated into the atmosphere.  Stormwater that runs off or soaks into the ground ultimately becomes surface water or groundwater.

                     W.  "Stormwater Pollution Prevention Manual" means the manual adopted in accordance with K.C.C. chapter 2.98, and supporting documentation referenced or incorporated in the manual, describing BMPs and procedures for existing facilities and existing and new activities not covered by the Surface Water Design Manual.

                     X.  "Surface water" means the water that exists on land surfaces before, during, and after stormwater runoff occurs and includes, but is not limited to, the water found on ground surfaces and in drainage facilities, rivers, streams, springs, seeps, ponds, lakes, wetlands, and Puget Sound.  ((It)) "Surface water" also includes shallow groundwater.

                     Y.  "Treatment BMP" means a BMP intended to remove contaminants once they are already introduced into stormwater.  Examples of treatment BMPs include oil/water separators, biofiltration swales, and wetponds.

                     SECTION 2.  Ordinance 10636, Section 10, as amended, and K.C.C. 9.12.080 are hereby amended to read as follows:

                     A.  The enforcement provisions for water quality are intended to encourage compliance with this chapter.  To achieve this, ((responsible parties)) any person responsible for code compliance as defined in K.C.C. 23.02.010. will be required to take corrective action and comply with this chapter((,)) and may be required to pay a civil penalty and restitution payment for the redress of ecological, recreational, and economic values lost or damaged due to their unlawful action.

                     ((A.)) B.  The provisions in this section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law.

                     ((B.)) C.  Any ((responsible party)) person responsible for code compliance in violation of this chapter shall be subject to civil penalties assessed as follows:

                       1.  An amount reasonably determined by the director to be equivalent to the economic benefit the ((responsible party)) person responsible for code compliance derives from the violation as measured by:  the greater of the resulting increase in market value of the property or business value received or savings of construction or retrofitting costs realized; ((and))

                       2.  An amount of civil penalties, not to exceed ten thousand dollars per violation per day, that is reasonably based upon the criteria of subsection E.1. through 8. of this section.  The director is hereby authorized to utilize ((in the form of)) a point-based penalty matrix that increases the penalty assessed as the seriousness of the violation increases.  The point-based penalty matrix shall be adopted together with guidance for compliance officers and inspectors through the rule-making procedures of K.C.C. chapter 2.98.  In addition to the notification procedures required by K.C.C. chapter 2.98, for the initial rule making under this section, the director shall:

                         a.  hold a public meeting to take comments on the draft rule;

                         b.  provide notice to the clerk of the council and each member of the county council regarding the date, time, and location of such meeting at least thirty days in advance of the meeting; and

                         c.  provide notice to the clerk of the council and each member of the county council of proposed revisions to the initially drafted rule at least fifteen days prior to adoption of the final rule; or

                       3.  In addition to the civil penalties authorized under subsection C.1. and 2. of this section, violations of K.C.C. chapter 9.12 may also be addressed by citations issued in accordance with K.C.C. chapter 23.20 and civil penalties assessed according to the schedule in K.C.C. 23.32.010.A.1., or as otherwise determined by public rule.

                     ((C.  Any person who, through an act of commission or omission, aids or abets in a violation shall be considered to have committed the violation for the purposes of the civil penalty.))

                     D.  ((In addition to civil penalties, a responsibility party whose violation of this chapter causes)) In case of a violation of this chapter causing damage to or ((impairs)) impairment of a drainage facility,(( or causes)) damage to physical, chemical, or biological systems of waters of the state or ((waters)) of the United States, person responsible for the civil code violation as defined in K.C.C. Title 23 shall be liable to and reimburse the county for any restitution, damage, cost, and expense caused by such a violation or discharge.

                     E.  ((Each responsible party is jointly and severally liable for a violation of this chapter.))  The director may take enforcement action, in whole or in part, against any ((responsible party)) person responsible for code compliance.  The decisions of whether to take enforcement action, what type of action to take, and ((which person)) who to take action against, are all entirely within the director's discretion.  Factors to be used in taking such enforcement actions and assessing civil penalties shall include whether ((or not)):

                       1.  The violation caused any environmental or resource damage;

                       2.  Action was taken to remedy the problem after a violation occurred;

                       3.  It was a willful or knowing violation;

                       4.  The violation was a result of improper operation, inadequate maintenance or inadequate implementation of required BMPs or of a required plan that addresses stormwater management source control BMPs;

                       5.  There is a history of compliance problems on the property or with the ((responsible party)) person responsible for code compliance;

                       6.  There is infrastructure damage or additional maintenance required of conveyance system, drainage facilities, or right-of-way due to the violation;

                       7.  There was an illicit connection; and

                       8.  Anyone benefitted economically from noncompliance.

                     F.  Civil penalties as provided for under subsection ((B.))C.2. of this section shall be assessed daily for any failure to comply with a notice and order or a voluntary compliance agreement for the first thirty days ((following)) after the compliance date for correction required by the notice and order or voluntary compliance agreement ((that required the violation to have been corrected)).  If after thirty days the person responsible for correcting the violation has failed to do so, penalties shall be double that of the initial rate for each day thereafter, until the violation is corrected.

                     G.  Civil penalties as provided for under subsection ((B.))C.2. of this section that are assessed for a violation of a cease discharge order shall be applied daily for each day that the director determines that work or activity was done in violation of the cease discharge order.

                     H.  In the event more than one person is ((determined to have violated)) found in violation of this chapter, all applicable civil penalties may be imposed against each person, and recoverable damages, costs, and expenses may be allocated among the persons on any equitable basis.  Factors that may be considered in determining an equitable allocation include:

                       1.  Each person's:

                         a.  culpability or degree of involvement in the violation;

                         b.  awareness of the violation;

                         c.  ability to correct the violation;

                         d.  ability to pay damages, costs, and expenses;

                         e.  cooperation with government agencies; and

                       2.  Degree of impact or potential threat to water or sediment quality, human health, or the environment.

                     I.  The director may engage in mitigation discussions with the ((responsible party)) person responsible for code compliance.  The director may reduce ((the)) civil penalties based upon one or more of the following mitigating factors:

                       1.  The person responded to county attempts to contact the person and cooperated with efforts to correct the violation;

                       2.  The person showed due diligence or substantial progress, or both, in correcting the violation; or

                       3.  An unknown person was the primary cause of the violation.

                     J.  Payment of a monetary penalty under this chapter does not relieve the ((responsible party)) person responsible for code compliance of the duty to correct the violation.

                     K.  All civil penalties recovered during enforcement of this chapter shall be deposited into a fund of the division taking the enforcement action and, subject to appropriation, shall be used for the protection of surface water, stormwater, or groundwater as set forth in this chapter, through education or other implementation procedures determined by the director.

                     L.  Civil penalties assessed under this section may be appealed in accordance with the appeal and waiver procedures for civil penalties in K.C.C. chapter 23.32.

                     SECTION 3.  Ordinance 14114, Section 18, as amended, and K.C.C. 12.86.700 are hereby amended to read as follows:

                     A.  The first violation of this chapter within twelve months is a civil infraction or a citation under K.C.C. chapter 23.20, punishable by a fine of up to one hundred twenty-five dollars for a residential violation and two hundred fifty dollars for a nonresidential violation.

                     B.  The second violation of this chapter within twelve months is a civil infraction or a citation under K.C.C. chapter 23.20, punishable by a fine of up to two hundred and fifty dollars for a residential violation and five hundred dollars for a nonresidential violation.

                     C.  Each subsequent violation of this chapter within twelve months is a civil infraction or citation under K.C.C. chapter 23.20, punishable by a fine of up to double the amount fined for the previous infraction.  A violation that occurs within twelve months of the previous violation is a subsequent violation.

                     D.  The enforcing officer may encourage mediation in lieu of issuing an infraction or citation.

                     E.  In the event of a third violation within twelve months, the enforcing officer or the director may refer the violation to the prosecutor to consider filing an injunction proceeding.

                     F.  Nothing in this section is intended to limit the director's authority to pursue any remedy available under K.C.C. Title 23 or any party's right to seek relief from any alleged public nuisance under state or common law.

                     SECTION 4.  Ordinance 19276, Section 9, as amended, and K.C.C. 17.11.060 are hereby amended to read as follows:

                     A.  A violation of this chapter is a misdemeanor and is punishable as prescribed by law.

                     B.  Notwithstanding any criminal penalty provided in this chapter, a person who violates this chapter or chapter 70.77 RCW is subject to the maximum civil penalty in an amount not to exceed two hundred fifty dollars per residential violation and five hundred dollars per nonresidential violation as defined in K.C.C. Title 23.  In addition, a person in violation of this chapter is responsible for any costs incurred to enforce this chapter, including bringing a civil action, court costs, and reasonable attorneys' fees.  All civil penalties assessed shall be enforced under K.C.C. Title 23.

                     C.  A person commits a separate offense for each day during which the person commits, continues, or permits a violation of this chapter.

                     ((D.  The civil and criminal penalties described in subsections A. through C. of this section shall not be enforced for violations of K.C.C. 17.11.040.B. as it pertains to the use or discharge of consumer fireworks, as defined in RCW 70.77.136, until one year after Ordinance 19276 takes effect under RCW 70.77.250.  During the period in which these penalties are not being enforced, the King County sheriff's office and the fire marshal shall only issue warnings to violators of K.C.C. 17.11.040.B. and shall provide information to violators on the county's laws governing fireworks.))

                     SECTION 5.  Ordinance 4461, Section 2, as amended, and K.C.C. 20.22.040 are hereby amended to read as follows:

                     The examiner makes decisions on:

                     A.  Appeals of orders of the ombuds under the lobbyist disclosure code under K.C.C. chapter 1.07;

                     B.  Appeals of sanctions of the finance and business operations division in the department of executive services under K.C.C. chapter 2.97;

                     C.  Appeals of career service review committee conversion decisions for part-time and temporary employees under K.C.C. chapter 3.12A;

                     D.  Appeals of electric vehicle recharging station penalties by the Metro transit department under K.C.C. 4A.700.700;

                     E.  Appeals of notice and orders of the manager of records and licensing services or the department of local services permitting division manager under K.C.C. chapter 6.01;

                     F.  Appeals of adult entertainment license denials, suspensions, and revocations under K.C.C. chapter 6.09;

                     G.  Appeals of the fire marshal's decisions on fireworks permits under K.C.C. chapter 17.11;

                     H.  Appeals of cable franchise nonrenewals under K.C.C. 6.27A.060 and notices and orders under K.C.C. 6.27A.240;

                     I.  Appeals of notice and orders of the department of natural resources and parks under K.C.C. chapter 7.09;

                     J.  Appeals of decisions of the director of the department of natural resources and parks on surface water drainage enforcement under K.C.C. chapter 9.04;

                     K.  Appeals of decisions of the director of the department of natural resources and parks on requests for rate adjustments to surface and storm water management rates and charges under K.C.C. chapter 9.08;

                     L.  Appeals of decisions on water quality enforcement under K.C.C. chapter 9.12;

                     M.  Appeals of notice and orders of the manager of regional animal services under K.C.C. chapter 11.04;

                     N.  Certifications by the finance and business operations division of the department of executive services under K.C.C. chapter 12.16;

                     O.  Appeals of orders of the office of equity and racial and social justice under K.C.C. chapter 12.17, K.C.C. chapter 12.18, K.C.C chapter 12.20, and K.C.C. chapter 12.22;

                     P.  Appeals of noise-related orders and citations of the department of local services, permitting division, under K.C.C. chapter 12.86;

                     Q.  A decision on a request for exemption under K.C.C. 12.25.020.F.;

                     R.  Appeals of utilities technical review committee determinations on water service availability under K.C.C. 13.24.090;

                     S.  Appeals of decisions regarding mitigation payment system, commute trip reduction, and intersection standards under K.C.C. Title 14;

                     T.  Appeals of changes to speed limits under K.C.C. chapter 14.06;

                     U.  Appeals related to road designations and redesignations under K.C.C. chapter 16.08;

                     V.  Appeals of suspensions, revocations or limitations of plumbing permits under K.C.C. chapter 16.32;

                     W.  Appeals from denials of C-PACER applications under K.C.C. chapter 18.19;

                     X.  Appeals of all Type 2 decisions under K.C.C. chapter 20.20, with the exception of appeals of shoreline permits, including shoreline substantial development permits, shoreline variances, and shoreline conditional uses, which are appealable to the state Shoreline Hearings Board;

                     Y.  Type 3 decisions under K.C.C. chapter 20.20;

                     Z.  Appeals of SEPA decisions under K.C.C. 20.44.120 and public rules adopted under K.C.C. 20.44.075;

                     AA.  Appeals of completed farm management plans under K.C.C. 21A.30.045;

                     BB.  Appeals of decisions of the interagency review committee created under K.C.C. 21A.37.070 regarding sending site applications for certification under K.C.C. chapter 21A.37;

                     CC.  Appeals of citations, notices and orders, notices of noncompliance, and stop work orders issued under K.C.C. Title 23 or chapter 1.08 of the code of the King County board of health;

                     DD.  Appeals of notices and certifications of junk vehicles to be removed as a public nuisance under K.C.C. Title 21A and K.C.C. chapter 23.10;

                     EE.  ((Appeals of decisions not to issue a citation or a notice and order under K.C.C. 23.36.010;

                     FF.))  Appeals of fee waiver decisions by the department of local services, permitting division under K.C.C. 27.02.040;

                     ((GG.)) FF.  Appeals from decisions of the department of natural resources and parks related to permits, discharge authorizations, violations, and penalties under K.C.C. 28.84.050 and 28.84.060, civil infractions and penalties under K.C.C. 7.12.650, and suspensions of park privileges under K.C.C. 7.12.700.B.;

                     ((HH.)) GG.  Appeals of transit rider suspensions under K.C.C. 28.96.430;

                     ((II.)) HH.  Appeals of department of public safety seizures and intended forfeitures, when properly designated by the chief law enforcement officer of the department of public safety under RCW 69.50.505; and

                     ((JJ.)) II.  Other applications or appeals prescribed by ordinance.

                     SECTION 6.  Ordinance 13263, Section 1 and K.C.C. 23.01.010 are hereby amended to read as follows:

                     A.  This title shall be known as "Code Compliance."((.)) The purpose of this title is to identify processes and methods to encourage compliance with county laws and regulations that King County has adopted pursuant to Article XI, Section 11 of the Washington State Constitution, and other state laws to promote and protect the general public health, safety, and environment of county residents.  This title declares certain acts to be civil violations and establishes non((-))penal enforcement procedures and civil penalties.  This title also declares certain acts to be misdemeanors.

                     B.  It is the intention of the county to pursue code compliance actively and vigorously in order to protect the health, safety, and welfare of the general public.  This county intention is to be pursued in a way that is consistent with adherence to, and respectful of, fundamental constitutional principles.

                     C.  While this title does authorize King County to take action to enforce county laws and regulations, it shall not be construed as placing responsibility for code compliance or enforcement upon King County in any particular case, or as creating any duty on the part of King County to any particular person or class of persons.

                     SECTION 7.  Ordinance 13263, Section 3, as amended, and K.C.C. 23.02.010 are hereby amended to read as follows:

                     The words and phrases designated in this section shall be defined for the purposes of this title as follows:

                     A.  "Abate" means to take whatever steps are deemed necessary by the director to return a property to the condition in which it existed before a civil code violation occurred or to assure that the property complies with applicable code requirements.  Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement, or repair.

                     B.  "Civil code violation" means and includes one or more of the following:

                       1.  Any act or omission contrary to any ordinance, resolution, regulation, or public rule of the county that regulates or protects public health, the environment, or the use and development of land or water, whether or not the ordinance, resolution, or regulation is codified; and

                       2.  Any act or omission contrary to the conditions of any permit, notice, and order, voluntary compliance agreement, citation, cease discharge order, or stop work order issued pursuant to any such an ordinance, resolution, regulation, or public rule described in K.C.C. 23.02.010.B.1.

                     C.  "Contested hearing" means a hearing requested in response to a citation to contest the finding that a violation occurred or to contest that the person issued the citation is responsible for the violation.

                     D.  "Director" means, depending on the code violated:

                       1.  The department of local services permitting division manager;

                       2.  The director of the ((Seattle-King County)) department of public health, or “local health officer" as that term is used in chapter 70.05 RCW;

                       3.  The director of the department of natural resources and parks;

                       4.  The director of any other county department authorized to enforce civil code compliance;

                       5.  Authorized representatives of a director, including compliance officers and inspectors whose responsibility includes the detection and reporting of civil code violations; or

                       6.  such other person as the council by ordinance authorizes to use this title.

                     E.  "Found in violation" means that:

                       1.  A citation, notice and order, cease discharge order, or stop work order has been issued and not timely appealed;

                       2.  A voluntary compliance agreement has been entered into; or

                       3.  The hearing examiner has determined that the violation has occurred and the hearing examiner's determination has not been stayed or reversed on appeal.

                     F.  "Hearing examiner" means the office of the King County hearing examiner, as provided in K.C.C. chapter 20.22.

                     G.  "Mitigate" means to take measures, subject to county approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome.

                     H.  "Mitigation hearing" means a hearing requested in response to a citation to explain mitigating circumstances surrounding the commission of a violation.

                     I.  "Nonresidential violation" means any civil code violation that is not a residential violation as defined in this section.

                     J.  "Permit" means any form of certificate, approval, registration, license, or any other written permission issued by King County.  All conditions of approval((,)) and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners and their tenants and agents as permit requirements enforceable under this title.

                     ((J.)) K.  "Person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of the individual, association, partnership, corporation, or legal entity.

                     ((K.)) L.  "Person responsible for code compliance" means either the person who caused the violation, if that can be determined, or the owner, lessor, tenant, or other person entitled to control, use, or occupy, or any combination of control, use, or occupy, property where a civil code violation occurs, or both.

                     ((L.)) M.  "Public rule" means any rule adopted under K.C.C. chapter 2.98 to implement code provisions.

                     ((M.)) N.  "Remediate" means to restore a site to a condition that complies with critical area or other regulatory requirements as they existed ((when)) before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition that does not pose a probable threat to the environment or to the public health, safety, or welfare.

                     ((N.)) O.  "Residential violation" means a civil code violation in which the person responsible for the violation resides on the property where the violation occurs, and the development, management, or use of the property is solely for residential purposes for the benefit of the person responsible for the violation.  A residential violation does not include any violation resulting from home occupations, home industries, production of agricultural products for commercial sale, or any civil code violation related to commercial activities located on properties also used for residential purposes.  A residential violation also does not include any civil code violation committed by a property owner on residential property leased to a resident tenant.

                      P.  "Resolution" means any law enacted by resolution of the board of county commissioners prior to the establishment of the charter, or any health rule adopted by resolution of the board of health.

                     SECTION 8.  Ordinance 13263, Section 5, as amended, and K.C.C. 23.02.040 are hereby amended to read as follows:

                     A.  In order to discourage public nuisances, make efficient use of public resources and otherwise promote compliance with applicable code provisions, a director may, in response to field observations or reliable complaints, determine that civil code violations have occurred or are occurring and may:

                       1.  Enter into voluntary compliance agreements with persons responsible for code compliance, and issue notices of noncompliance if the persons responsible fail to comply with the terms of the voluntary compliance agreement;

                       2.  Issue citations and assess civil penalties as authorized by K.C.C. chapter 23.20;

                       3.  Issue notice and orders, assess civil penalties and fines, and recover costs as authorized by K.C.C. chapter 23.24;

                       4.  Order abatement by means of a notice and order, and if abatement is not completed in a timely manner by the person responsible for code compliance, undertake the abatement and charge the reasonable costs of such work as authorized by K.C.C. chapter 23.24;

                       5.  Allow a person responsible for code compliance to perform community service in lieu of paying civil penalties as authorized by K.C.C. chapter 23.24;

                       6.  Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties, as authorized by K.C.C. chapter 23.28;

                       7.  Suspend, revoke or modify any permit previously issued by a director or deny a permit application as authorized by K.C.C. chapter 23.24 when other efforts to achieve compliance have failed; and

                       8.  For ((de minimis)) low-priority violations as described in K.C.C. 23.02.050, decide not to take enforcement action.

                     B.  Should violations occur involving multiple agencies, a lead agency shall be designated by the executive to coordinate the county's response.  Unless otherwise determined by the directors of the affected departments, the department of local services, permitting division, shall serve as the lead agency.

                     C.  The procedures set forth in this title are not exclusive.  These procedures shall not in any manner limit or restrict the county from remedying civil code violations or abating civil code violations in any other manner authorized by law.  This title shall not be construed to affect the authority of the King County board of health in enforcement of the King County board of health code or regulations.

                     D.  In addition, or as an alternative to using the procedures set forth in this title, a director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a civil code violation.

                     E.  In addition, or as an alternative to utilizing the procedures set forth in this title, a director may assess or recover civil penalties accruing under this title by legal action filed in King County superior court by the prosecuting attorney on behalf of King County.

                     F.  The provisions of this title shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this title from any person causing such violation.

                     G.  A director may use the services of a collection agency in order to collect any fines, penalties, fees, or costs owing under this title.

                     H.  In administering the provisions for code enforcement, the director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or  private  entity or  individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a civil code violation and any necessary remediation is being promptly provided.  For purposes of this ((clause)) subsection, substantial injustice cannot be based solely on economic hardship.

                     I.  The provisions of this title detailing county department administration of code compliance procedures are not to be construed as creating a substantive basis for appeal or a defense of any kind to an alleged violation.

                     J.  The provisions of this title authorizing the enforcement of non((-))codified ordinances are intended to ((assure)) ensure compliance with conditions of approval on plats, unclassified use permits, zone reclassifications, and other similar permits or approvals ((which may)) that might have been granted by ordinances ((which)) that have not been codified, and to enforce new regulatory ordinances ((which)) that are not yet codified.  Departments should be sensitive to the possibility that citizens may not be aware of ((these)) those ordinances, and should give warnings prior to enforcing such ordinances, except in high ((risk)) priority cases as set forth in K.C.C. 23.02.050.

                     K.  The director of a King County agency that owns property, or is the custodian of public property, is authorized to enforce K.C.C. 23.02.140 and any public rules adopted under this title to implement that section for properties that the director's agency owns or is custodian for.

                     SECTION 9.  Ordinance 13263, Section 6, as amended, and K.C.C. 23.02.050 are hereby amended to read as follows:

                     A.  A department may adopt public rules under K.C.C. chapter 2.98 consistent with the following guidelines ((that set forth priorities for responding to code compliance complaints:)) for responding to civil code violation complaints as set forth in subsection B. of this section;

                     ((A.)) B.  High ((risk investigations)) priority complaints include those needing an urgent response ((including)) such as cases in which:

                       1.  There ((is an imminent)) may be a significant likelihood of ((or actual)) bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure, or serious environmental damage or contamination; or

                       2.  The sites or persons responsible for code compliance have a history of prior high ((or moderate risk violations)) priority complaints.

                     ((B.)) C.  Moderate ((risk investigations)) priority complaints needing a ((prompt)) response ((including)) as resources permit include cases in which:

                       ((a.)) 1.  ((t))There ((is risk)) may be a possibility of bodily harm, damage to public resources or facilities, damage to real or personal property, or environmental damage or contamination;

                       ((b.)) 2.  ((t))The subject sites or persons responsible for code compliance have a history of prior ((low risk violations)) moderate priority complaints;

                       ((c. t)) 3.  ((t))There are ongoing moderate ((or low risk violations)) priority complaints; or

                       ((d.)) 4.  ((m))More than five wrecked, dismantled, or inoperative vehicles are found.

                     ((3.)) D.  Low ((risk investigations needing response as time permits including)) priority complaints include cases in which((:

                         a.)) the alleged violation ((is non-emergent,)) does not fit within the high ((risk)) priority or moderate ((risk)) priority categories and has ((only minor public)) limited off-site impacts ((; or)).  When low priority complaints are received, the person responsible for code compliance will be provided with information regarding applicable code requirements and corrective actions, but no further enforcement action will be taken except at the discretion of the director.

                         ((b. the violation is an isolated incident.

                     B.)) E.  The priorities set forth in this section are not jurisdictional and failure to meet them in any particular case shall not affect the county’s authority to enforce county code provisions with regard to that case.

                     SECTION 10.  Ordinance 13263, Section 7, as amended, and K.C.C. 23.02.060 are hereby amended to read as follows:

                     A.  This section sets forth guidelines for more specific procedures to be used by each department in implementing this title.  The guidelines set forth in this section are not jurisdictional, and failure to meet them in any particular case shall not affect the county's authority to enforce county code provisions with regard to that case.

                     ((A.)) B.  Before conducting a field verification, code enforcement personnel shall notify the owner, occupant, or other person responsible for code compliance of a possible violation through any combination of phone, posting, email, and((/or)) first-class mail, that a field verification is to occur.  Code enforcement personnel shall not cross a parcel boundary line onto private property without such prior notification, except in emergencies that pose an imminent threat to environmental health or to the public safety or specifically for the purpose of posting a notice.

                     ((B.)) C.  In cases involving a complaint, the ((code enforcement agency)) director shall provide notice (((prior to)), before or concurrent with a field verification((in the following manner :

                       1.)) to ((T))the owner, occupant, and person responsible for code compliance, if not an owner or occupant ((, shall be advised)) by personal contact, phone, posting, email, or first-class mail of any complaint ((; and

                       2.  The complainant should be contacted by phone and, if possible, in person during the field visit)).

                     ((C.)) D.  To the extent possible, all departments with ((compliance requirement)) enforcement authority shall record land-based violations in a database system, which should be accessible to all other departments.

                     ((D.)) E.  To the extent possible, the enforcing department shall check its own records and the records of other county agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site ((or such other person as may be responsible for code compliance)).  Each department with enforcement authority shall develop and maintain a database system for tracking violations of its codes that is designed, to the extent possible, to be used in coordination with other departments.

                     ((E.)) F.  Staff undertaking field investigations shall comply with the provisions of this title regarding right of entry.  ((This information shall be made available pursuant to subsection C. of this section.))

                     SECTION 11.  Ordinance 13263, Section 8, as amended, and K.C.C. 23.02.070 are hereby amended to read as follows:

                     A.  The ((department)) director shall determine whether a violation has occurred, based on information derived from sources ((such as)) including, but not limited to, field observations, the statements of witnesses, relevant documents, aerial and satellite photographs from map databases, overlays in map databases indicating property lines, topographical lines, critical areas, other data or aerial photographs taken by legal means, ((and)) data systems for tracking violations, and applicable county codes((, whether or not a violation has occurred)).  As soon as a ((department)) director has reasonable cause to determine that a violation has occurred, it shall document the violation and promptly notify the owner, occupant, or other person responsible for code compliance.  If a reported violation cannot be verified through reasonable, documented attempts at investigation within one hundred eighty days of receipt of a complaint, the enforcement case may be closed.

                     B.  Except as provided in subsection D. of this section, a warning shall be issued verbally or in writing promptly when a field inspection ((reveals)) verifies a violation, or as soon as the department otherwise determines that a violation has occurred.  The warning shall inform the owner, occupant, and any other person ((determined to be)) responsible for code compliance of the violation and shall include a reference to the applicable permit or zoning condition, ordinance, or code related to the violation.  The warning shall ((also allow the person)) provide an opportunity to correct the violation or enter into a voluntary compliance agreement as provided for by this title.  Verbal warnings shall be logged and followed ((up with)) by a written warning within two weeks of the verbal warning, and the site shall be reinspected within thirty days of the written warning.

                     C.  The guidelines in this section for warnings, notifications, and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the county's enforcement authority ((to enforce county code provisions with regard to that case)).

                     D.  ((Nor)) A warning need not be issued in cases involving((,)) emergencies ((that pose)) posing an imminent threat to environmental health or to ((the)) public safety.

                     E.  A director may issue a stop work order under K.C.C. 23.02.040 if it determines that a violation involving activity requiring a permit is occurring, has occurred, or is out of compliance with existing permit requirements.

                     F.  A director may issue a cease discharge order under K.C.C. 23.28.010.

                     G.  A ((department)) director may issue a citation where specifically authorized by K.C.C. 23.28.010 if it determines that the violation is likely to be a one-time occurrence or is likely to be fully corrected in a reasonable period of time.  A director may also issue a citation where specifically authorized elsewhere in the King County Code, or by public rule.

                     ((F.)) H.  A ((department)) director may issue notice and orders under K.C.C. chapter 23.24 in cases where it determines that the violation is unlikely to be fully corrected in a reasonable period ((of time)).

                     ((G.)) I.  The ((department)) director shall use all reasonable means to determine and cite the person or persons actually responsible for the violation occurring when the owner has not directly or indirectly caused the violation.

                     ((H.)) J.  If the violation is not corrected or a voluntary compliance agreement is not achieved within a reasonable time, a citation, or notice and order ((or stop work order)) should be issued.  ((As a guideline, c))Citations should be issued within sixty days from ((receipt of a complaint and)) verification of a violation.  ((n))Notice and orders should be issued within one hundred twenty days from ((receipt of a complaint.  Stop work orders should be issued promptly upon discovery of a violation in progress)) verification of a violation.

                     ((I.  Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, citations, notice and orders, stop work orders and notices of settlement conferences issued by a department with regard to the alleged violation.  Any complainant who is an aggrieved person and who alleges a violation of K.C.C. chapter 9.12, 16.82 or 21A.24 may appeal a citation, notice and order, stop work order or a determination not to issue a citation or order under K.C.C. chapter 20.22.  The appeal under this subsection shall be considered a civil proceeding, and any decision to pursue criminal sanctions shall remain the obligation of the prosecuting attorney, as set out in K.C.C. 23.02.030.))

                     K.  Stop work orders should be issued within two business days of discovery of a violation in progress.

                     SECTION 12.  Ordinance 13263, Section 15, and K.C.C. 23.20.010 are hereby amended to read as follows.

                     Whenever a director has determined, based on reasonable investigation ((of documents and/or physical evidence,)) that a civil code violation has occurred, in addition to other enforcement actions, the director may issue a citation to any person responsible for code compliance.  The director shall ((make a determination)) decide whether ((or not)) to issue a citation within sixty days of ((receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist.  Subsequent complaints shall be treated as new complaints for purposes of this section)) determining that a violation exists or has occurred.

                     SECTION 13.  Ordinance 13263, Section 16, as amended, and K.C.C. 23.20.020 are hereby amended to read as follows:

                     A.  A citation represents a determination that a civil code violation has been committed and that the person cited is a person responsible for code compliance.  The determination is final unless contested as provided in this title.

                     B.  Subject to K.C.C. 23.02.130, a citation subjects the person responsible for code compliance to the civil fine prescribed by K.C.C. chapter 23.32 or by public rule.

                     C.  Subject to K.C.C. 23.02.140, a citation may subject the person responsible for code compliance to an illegal dumping cleanup restitution payment.

                     D.  The person issued a citation shall respond to the citation as provided in K.C.C. 23.20.060 and 23.20.070 within seventeen days of the date of service of the citation.

                     E.  Failure to respond to the citation within seventeen days of the date of service of the citation shall render the citation a final determination that the conditions described in the citation existed and constituted a civil code violation and that the person cited is liable as a person responsible for code compliance.

                     F.  Imposition of a civil fine creates a joint and several personal obligations in all persons responsible for code compliance who are served with the citation.  The prosecuting attorney on behalf of King County may collect the civil fines assessed by any appropriate legal means.

                     G.  Issuance of a citation in no way limits a director's authority to issue a notice and order, cease discharge order, or stop work order to the same person responsible for code compliance pursuant to this title.  Payment of the civil fine assessed under the citation does not relieve a person responsible for code compliance of that person's duty to correct the violation or to pay any and all civil penalties accruing under a notice and order or stop work order issued pursuant to this title.

                     SECTION 14.  Ordinance 13263, Section 37, as amended, and K.C.C. 23.32.010 are hereby amended to read as follows:

                     A((.1)).  Civil fines and civil penalties for civil code violations shall be assessed based on whether the violation is a residential or a nonresidential violation, as set forth in K.C.C. 23.02.010.I and O.  Civil fines and penalties shall be imposed for remedial purposes and shall be assessed for each violation identified in a citation, notice and order, voluntary compliance agreement, cease discharge order, or stop work order ((pursuant to)) as set forth in public rule, in K.C.C. Title 9, or in the following schedule:

                     ((2.)) B.  For the purposes of this section, previous similar code violations that can serve as a basis for a higher level of civil penalties include violations of the same chapter of the King County Code.  Any citation, stop work order, or notice and order previously issued by the ((department)) director shall not constitute a previous code violation for the purposes of this section if that citation, stop work order, or notice and order was contested or appealed and subsequently dismissed or reversed.

                     ((B.)) C.  The penalties assessed pursuant to this section for any failure to comply with a notice and order or voluntary compliance agreement shall be assessed daily, according to the schedule in subsection A. of this section, for the first thirty days following the date the notice and order or voluntary compliance agreement required the code violations to have been ((cured)) abated.  If after thirty days the person responsible for code compliance has failed to ((satisfy)) comply with the notice and order or voluntary compliance agreement, penalties shall be assessed daily at a rate of double the rate for the first thirty days.  Penalties may be assessed daily until the person responsible for code compliance has fully complied with the notice and order.

                     ((C.)) D.  Penalties based on violation of a stop work order shall be assessed, according to the schedule in subsection A. of this section, for each day the ((department)) director determines that work or activity was done in violation of the stop work order.

                     ((D.)) E.  Citations and cleanup restitution payments shall only be subject to a one-time civil penalty.

                     ((E.)) F.  The director may suspend the imposition of additional civil penalties if the person responsible for code compliance has entered into a voluntary compliance agreement.  If the person responsible for code compliance enters into a voluntary compliance agreement and ((cures)) corrects the code violations, the director may also waive all or part of the accrued civil penalties in accordance with K.C.C. 23.32.050.  Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled, or not pursued, or if corrective action identified in the voluntary compliance agreement is not completed as specified.

                     ((F.)) G.  The civil penalties in this section are in addition to, and not in lieu of, any penalties, sanctions, restitution, or fines provided for in any other provisions of law.

                     SECTION 15.  Ordinance 13263, Section 40, as amended, and K.C.C. 23.32.040 are hereby amended to read as follows:

                     A.  The code compliance provisions for critical areas are intended to encourage compliance with K.C.C. chapter 21A.24, to protect critical areas and the general public from harm, and to further the remedial purposes of this title.  To achieve this, persons responsible for code compliance will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreation, and economic values lost or damaged due to their unlawful action.

                     B.  The provisions in this section are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law for other related violations.

                     C.  Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order.  In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in K.C.C. 23.02.130, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed.

                     D.  For the purposes of this section, violation of the critical area ordinance means:

                       1.  The violation of any provision of K.C.C. chapter 21A.24 or rules adopted thereunder;

                       2.  The failure to obtain a permit required for work in a critical area; or

                       3.  The failure to comply with the conditions of any permit, approval, the terms and conditions of any critical area tract or setback area, easement or other covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the above-mentioned provisions.

                     E.  Any person determined to be in violation of the critical areas ordinance may be subject to civil penalties, costs, and fees assessed as follows:

                       1.  According to the civil penalty schedule included in this chapter of this title, provided that the exact amount of the penalty per violation shall be determined by the ((department)) director based on the physical extent and severity of the violation; or

                       2.  The greater of

                         a.  An amount determined to be equivalent to the economic benefit that the person responsible for code compliance derives from the violation measured as the total of:

                           (1)  the resulting increase in market value of the property;

                           (2)  the value received by the person responsible for code compliance; and

                           (3)  the savings of construction costs realized by the person responsible for code compliance as a result of performing any act in violation of the chapter; or

                         b.  Code compliance costs ((not to exceed $25,000.00)) incurred by the county to enforce the critical areas ordinance against the person responsible for code compliance, such costs not to exceed fifty thousand dollars for a residential violation or one hundred thousand dollars for a nonresidential violation of K.C.C. chapter 21A.24.

                     SECTION 16.  Ordinance 13263, Section 43, as amended, and K.C.C. 23.36.010 are hereby amended to read as follows:

                     A.  Any person named in a notice and order, cease discharge order, or stop work order and any owner of the ((land)) property where the violation occurred for which a notice and order or stop work order is issued may appeal the notice and order ((or)) , stop work order, or cease discharge order in accordance with K.C.C. 20.22.080.

                     B.  ((Any complainant who has alleged a violation of K.C.C. chapter 9.12, 16.82 or 21A.24, who is an aggrieved person under K.C.C. Title 20 and who requests to be kept advised in accordance with K.C.C. 23.02.070.H. may appeal a citation, notice and order, stop work order or a determination not to issue a citation or order in accordance with K.C.C. 20.22.080.

                     C.))  Any person issued a citation shall respond to the citation as provided in K.C.C. chapter 23.20.

                     ((D.)) C.  A statement of appeal shall comply with the form, content, and service requirements of K.C.C. chapters 20.20 and 20.22 and adopted public rules.