10.01.080 Enforcement and appeals.
(1) Administrative and Enforcement Personnel. The administrator or a person designated by the administrator is authorized and directed to administer and enforce the provisions of this chapter pertaining to quantitative standards and MSPs, except for SCC 10.01.030(5). The administrator shall also be responsible for the issuance of all exemptions under SCC 10.01.050(6) and (7). The sheriff or any duly appointed deputy sheriff is authorized and directed to administer and enforce the provisions of this chapter pertaining to public disturbance noise and SCC 10.01.030(5). The department of public works is authorized and directed to ensure the carrying out of the provisions of SCC 10.01.070(4) and (5). The Department of Planning and Development Services is authorized to enforce the provisions of SCC 10.01.070(1), (2), and (3). All county departments are authorized to assist the administrator, the sheriff, the department of planning and development services, and the department of public works in the administration and enforcement of this chapter.
(2) Quantitative Standards Enforcement.
(a) Whenever the administrator has reason to believe that a violation of any of the quantitative standards in SCC 10.01.030, other than SCC 10.01.030(5), has occurred, the administrator may initiate enforcement action. Enforcement action shall include, at the administrator’s discretion, the issuance of an administrative notice and order and/or the issuance of a notice of civil infraction under the provisions of chapter 7.80 RCW. In issuing an administrative notice and order the administrator shall follow the procedures outlined in chapter 30.85 SCC.
(b) Any person charged with a civil infraction under the provisions of SCC 10.01.030 (excluding SCC 10.01.030(5)) shall respond to the notice of infraction in the manner set forth in chapter 7.80 RCW.
(c) When a civil infraction is issued each violation shall be subject to a civil penalty of:
(i) One hundred dollars when the violator is not engaged in commercial ventures as defined in chapter 30.85 SCC; and
(ii) Two hundred fifty dollars when the violator is engaged in commercial ventures as defined in chapter 30.85 SCC.
(iii) Penalties for an additional separate violation of a like nature by the same person within a three-year period shall be double the rates identified in this section.
(d) In cases where the same person has been found to have committed three or more violations of SCC 10.01.030 (excluding SCC 10.01.030(5)) within a three-year period, any subsequent violations of SCC 10.01.030 (excluding SCC 10.01.030(5)) within one year of the last adjudication shall constitute a misdemeanor. In such cases, the administrator shall have the option of either:
(i) Initiating an administrative notice and order proceeding which may include the imposition of a monetary fine not to exceed $1,000 for each 24-hour period in which the violation persists, and/or requiring the installation of fixed sound-measuring devices at the violator’s property boundary at the violator’s expense; or
(ii) Transmitting the case records to the prosecutor’s office for prosecution as a misdemeanor; or
(iii) Any combination thereof.
In the event the installation of fixed sound-measuring devices is required by the administrator, the administrator shall also have the authority to require provision of periodic monitoring reports to the county.
(3) Public Disturbance Enforcement. Any person found to be in violation of the provisions of SCC 10.01.040 governing public disturbance noise or SCC 10.01.030(5) shall be deemed to have committed a civil infraction as established in chapter 7.80 RCW and for each violation shall be subject to a civil penalty of $50.00; provided, that penalties for an additional separate violation of a like nature by the same person within a one-year period shall be $100.00; and provided further, that any second violation within a 24-hour period shall constitute a misdemeanor punishable by incarceration for a period not to exceed 90 days and/or monetary fine not to exceed $1,000. Any person charged with a civil infraction under the provisions of SCC 10.01.030(5) or 10.01.040 shall respond to the notice of infraction in the manner set forth in chapter 7.80 RCW. Where a person has been found to have committed the same offense in violation of SCC 10.01.030(5) or 10.01.040 three or more times in a one-year period, a subsequent charge brought within one year of the last adjudication constitutes a misdemeanor punishable by incarceration for a period not to exceed 90 days and/or a monetary fine not to exceed $1,000.
(4) Appeals. Appeals from decisions of the administrator regarding violations of quantitative standards or regarding applications for MSPs or MSP renewals, shall be to the hearing examiner under the following procedures; provided, that appeals of civil infractions shall be subject to the provisions of chapter 7.80 RCW:
(a) Appeals shall be filed and processed pursuant to the provisions of chapter 2.02 SCC.
(b) At a hearing regarding a violation of the quantitative standards, the administrator shall have the burden of proving the violation, which burden shall be met by a preponderance of the evidence.
(c) At a hearing regarding an appeal of a MSP or MSP renewal, the appellant shall have the burden of proof, which burden shall be by a preponderance of the evidence.
(d) The hearing examiner’s decision shall be final and conclusive with a right of reconsideration as provided in SCC 2.02.170 and may then be reviewable by an action for judicial review filed as provided in chapter 2.02 SCC.
(5) Chapter 10.70 SCC does not apply to enforcement of this chapter. (Added by Ord. 97-023 § 1, June 4, 1997, Eff date Jan. 1, 1998; Amended by Ord. 02-098, Dec. 9, 2002, Eff date Feb. 1, 2003; Amended by Amended Ord. 12-111, Jan. 9, 2013, Eff date Mar. 1, 2013).