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Ord-2021-007
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2021-05-18 10:00 AM - Commissioners' Agenda
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Ord-2021-007
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Last modified
5/20/2021 11:48:53 AM
Creation date
5/20/2021 11:48:37 AM
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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
Fully Executed Version
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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xiii. The name, signature, address, and phone numberof the authorized official issuing the <br />notice of infraction as well as the time and place the notice was issued; and <br />xiv. A statement that multi-day violations can be charged as crimes. <br />2. Notice of lnfraction - Service. An authorized official may issue a notice of infraction if that <br />official has probable cause to believe, and does believe, that the provisions of an applicable <br />ordinance has been violated. A notice of infraction may be served through adherence to IRU <br />2.2(c): <br />3. Notice of lnfraction - Filing. A notice of infraction shall be filed in District Court within forty- <br />eight hours of issuance, excluding Saturdays, Sundays, and holidays. Kittitas County District <br />Court shall have jurisdiction to hear and determine these matters. <br />4. Notice of lnfraction - Determination. A notice of infraction represents a determination that the <br />person to whom the notice was issued committed the infraction unless contested under the <br />provisions of this Title. <br />5. Notice of lnfraction-Notice of Lien. The Notice of lnfraction shall constitute a Notice of Lien in <br />case the matter ultimately results in abatement and a lien for such abatement costs. <br />6. Notice of lnfraction - Procedure. <br />a. A person who has been served with a notice of infraction shall respond to the notice as <br />provided within this section within fifteen days of the date the notice was served as <br />provided in the lnfraction Rules for Courts of Limited Jurisdiction (lRU) 2.4. <br />b. lf the person fa ils to respond as provided in IRU 2.4, the court shall follow the procedu re in <br />rRU 2.5. <br />7. Notice of lnfraction - Scheduling of Hearings <br />a. lf the person responds by requesting a contested hearing, then the court shall follow IRU <br />2.6(a) to schedule the contested hearing. <br />b. lf the person responds by requesting a mitigation hearing, then the court shall follow IRU <br />2.6(b) to schedule the mitigation hearing. <br />c. The court may notify the county prosecuting attorney of a failure to respond to the notice <br />of infraction if the person named on the notice fails to respond to the notice of infraction <br />as provided in (b) of subsection six 18.02.040 KCC or fails to appear at a hearing requested <br />pursuant to paragraphs (c) or (d) of this subsection. The court shall notify the respective <br />county department of any judgment entered and the reasons therefore. <br />(Ord. 2021-003,2021 Ord. 2013-012, 2013; Ord. 2009-19,2009; Ord. 2006-37, 2006; Ord.94-25 <br />(part), 1994) <br />18.02.050 Failure to comply. <br />1. Any person willfully violating his or her written and signed promise to appear in court or his or <br />her signed promise to respond to the notice of infraction is guilty of a misdemeanor, punishable <br />by fine up to one thousand dollars and/or imprisonment in jail up to ninety days, regardless of <br />the disposition of the notice of infraction. <br />2. A person who willfully fails to pay a monetary penalty as required by a court under this chapter <br />may be found in civil contempt of court after notice and hearing. Further, delinquent accounts <br />with the court may be referred to an agency for collection. <br />3. Any person subject to criminal proceedings under this Title may be represented by a lawyer. lf <br />the person named on the notice of infraction qualifies, he or she may be represented by court- <br />appointed counsel. (Ord.2009-19,2009; Ord.2006-37,2006;Ord.94-25 (part), 1994)
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