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Ordinance to Amend KCC Title 18 - Revised
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2021-05-18 10:00 AM - Commissioners' Agenda
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Ordinance to Amend KCC Title 18 - Revised
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Last modified
5/13/2021 12:36:13 PM
Creation date
5/13/2021 12:35:54 PM
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Meeting
Date
5/18/2021
Meeting title
Commissioners' Agenda
Location
Commissioners' Auditorium
Address
205 West 5th Room 109 - Ellensburg
Meeting type
Regular
Meeting document type
Supporting documentation
Supplemental fields
Alpha Order
f
Item
Request to Approve an Ordinance Adopting Amendments to Kittitas County Code Title 18
Order
6
Placement
Consent Agenda
Row ID
76503
Type
Ordinance
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5. Whenever a monetary penalty is imposed by a court under this Title, it is immediately payable <br />to the court. If the person is unable to pay at that time, the court may grant an extension of the <br />period in which the penalty may be paid. If the penalty is not paid on or before the time <br />established for payment, the court may proceed to collect the penalty in the same manner as <br />other civil judgments and may notify the county prosecuting attorney of the failure to pay. The <br />court shall also notify the respective county department of the failure to pay the penalty, and <br />the respective county department shall not issue the person any future permits for any activities <br />and/or work until the monetary penalty has been paid in full. <br />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. 2016-010, 2016; Ord. 2016-006, 2016; Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, <br />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 correct the violation may result in an <br />abatement action. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, <br />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.
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