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6. The court may also order restitution be paid to a damaged party by the person found to have <br />committed the infraction. <br />7. Any person who, through an act of commission or omission procures, aids or abets in the <br />violation shall be considered to have committed a violation for the purposes of the civil penalty. <br />8. Whenever a Notice of Violation and Abatement has been issued by an authorized official and <br />the applicable appeals period has expired, the monetary penalty shall be immediately payable <br />to the Department to which the authorized official is assigned. Any such penalty not paid within <br />30 days of the issuance of the notice or order affirming such notice shall bear interest at the rate <br />of 12 percent per annum and may be referred to a collection agency. Nothing in this Title limits <br />the right of the County to pursue other lawful remedies to fees, fines and costs imposed by this <br />Title. <br />(Ord. 2021-xxx, 2021; Ord. 2016-010, 2016; Ord. 2016-006, 2016; Ord. 2013-012, 2013; Ord. 2009-19, <br />2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994) <br />18.05.020 Criminal Penalties. <br />1. Any misdemeanor in violation of 18.01.050 KCC shall be punishable by up to ninety days in jail <br />and/or a fine of up to one thousand dollars. <br />2. Any gross misdemeanor in violation of 18.01.050 KCC shall be punishable by up to three <br />hundred sixty-five days in jail and/or a fine of five thousand dollars. <br />3. A person found to have committed a misdemeanor or gross misdemeanor under 18.01.050 KCC <br />may be ordered to correct the violation. Failure to do socorrect the violation may result in an <br />abatement action. (Ord. 2021-xxx, 2021; Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, <br />2006; Ord. 2005-29, 2005) <br />18.05.030 Abatement. <br />1. When the violation is nuisance under KCC 18.01.010 and the unsuccessful defendant has not <br />complied <br />a. with the portion of the District Court order prescribing correction and the applicable <br />appeal period has expired; or <br />b. with the portion of the Notice of Violation and Abatement prescribing correction and the <br />applicable appeals period has expired, the County may propose a resolution to the Kittitas <br />County Board of County Commissioners seeking (a) authority to proceed with an <br />abatement action in the Superior Court, (b) appropriation of funding to carry out the <br />abatement, and (c) approval of a time table within which to complete the contemplated <br />abatement. If a Department has an abatement fund established, the County need only <br />propose the above resolution to the Board if County general funds are necessary for the <br />abatement. <br />2. Upon approval of the above described resolution, if required by the Kittitas County Board of <br />County Commissioners, the County shall apply to the District Court for a warrant of abatement <br />and a transfer to Superior Court or file an action for a warrant of abatement in Superior Court. <br />3. Upon receipt of such application, the District Court shall transfer the cause to the Superior <br />Court, which shall proceed to try the issue of abatement. <br />4. The presence of a nuisance, as determined by the District Court or through the procedure <br />outlined in KCC 18.02.035, shall be res judicata. <br />5. The Superior Court shall decide whether or not the defendant has complied with the District <br />Court order requiring correction or the corrective measure outlined in the Notice of Violation <br />and Abatement.