Kittitas SWMP Update_Approved_(2020-07-09)

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KCHD ORDINANCE 1999- 49 SOLID WASTE REGULATIONS (1) If, after any order duly issued by the Health Officer has become final, the person to whom such order is directed fails, neglects, or refuses to obey such order, the Health Officer may: (A) Cause such person to be prosecuted under these regulations; and/or (B) Institute any appropriate action to collect a civil penalty assessed under these regulations; and/or (C) Abate the health violation using the procedures of these regulations; and/or (D) Pursue any other appropriate remedy at law or equity under these regulations. (2) Enforcement of any notice and order of the Health Officer pursuant to these regulations shall be stayed during the pendency of any appeal under these regulations, except when the Health Officer determines that the violation will cause immediate and irreparable harm and so states in the notice and order issued. 4. Written Assurance of Discontinuance. The Health Officer may accept a written assurance of discontinuance of any act in violation of this regulation from any person who has engaged in such act. Failure to comply with the assurance of discontinuance shall be a further violation of this regulation. 5. Violation of Permit Conditions - Misdemeanor Penalty. Any person who: (a) fails, neglects, or refuses to obey a final order of the Health Officer to correct a violation as set forth in Section VII.E.3.i. above; (b) fails, neglects, or refuses to comply with a written assurance of discontinuance pursuant to Section VII.E.4. above; (c) operates a solid waste facility or collection service without a permit; or (d) operates a solid waste facility or collection service after a permit has been revoked; is guilty of a misdemeanor, and upon conviction, shall be punished by imprisonment in the county jail for a maximum term fixed by the court, or by a fine in an amount fixed by the court, or by both such imprisonment and fine. The court may also impose restitution. 6. Stop-Work and Abatement Orders. a. Stop-Work Orders. The Health Officer may cause a stop-work order to be issued whenever the Health Officer has reason to believe that a violation of this regulation is occurring. The effect of the stop-work order shall be to require the immediate cessation of such work or activity until authorized by the Health Officer to proceed. The stop-work order shall be posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner's last known address. b. Abatement Orders. In addition to or as an alternative to any other judicial or administrative remedy provided in these regulations or by law or other rules and regulations, the Health Officer may order a violation of these regulations to be abated. The effect of the abatement order shall be to require work to be done to correct the violation within a reasonable time period. If the required corrective work is not commenced or completed within the time specified, the Health Officer will proceed to abate the violation and cause the work to be done. The abatement order shall be posted upon the property where the violation is occurring, and shall be served upon the owner of the property either personally or by certified mail, return receipt requested, at the owner's last known address. The property owner is responsible for the costs of all corrective action, whether done by the owner or