In interpreting and applying the provisions of this chapter, the provisions and standards contained herein shall be deemed to be the minimum standards or requirements with which compliance is essential to the permitted uses, and shall not be construed as limiting the legislative authority of Franklin County to further restrict permissive uses or to withhold or revoke permits for uses where, notwithstanding the existence of the minimum standards set forth in this chapter, the promotion or protection of the public health, morals, safety and welfare bears a substantial relation to such withholding, denial or revocation of permits or uses.

(Ord. No. 3-2012, § 2.1.0, 7-11-2012)

Where this chapter imposes a greater restriction upon land, buildings, or structures than is imposed or required by other rules, regulations, standards, policies, ordinances, contracts, covenants public or private, deeds, or statutes lawfully adopted by Franklin County, the provisions of this chapter shall govern and take precedent. In the case of conflicts between the text, maps and tables of the ordinance, the text shall govern unless otherwise stated.

(Ord. No. 3-2012, § 2.2.0, 7-11-2012)

The primary intent of all enforcement actions described in this chapter is to educate the public and to encourage the voluntary correction of violations to protect the public health, safety and welfare. If voluntary compliance fails or is inapplicable in a given case civil and criminal penalties will be used when necessary to ensure compliance with the provisions of this chapter. Criminal charges will be brought only when civil remedies have failed to ensure compliance and all lesser enforcement tools have proved futile.

(Ord. No. 3-2012, § 2.3.0, 7-11-2012)

A.

It is a violation of this chapter for any person to initiate or maintain, or to cause to be initiated or maintained, any use, alteration, construction, location, or demolition of any structure, land, or property within Franklin County without first obtaining permits or authorizations required by this chapter.

B.

It is a violation of this chapter to remove or deface any sign, notice, complaint, or order required by or posted in accordance with this chapter.

C.

It is a violation of this chapter to misrepresent any material fact in any application, plans, or other information submitted to obtain any land use authorization.

D.

It is a violation for any person to fail to comply with the provisions of this code, to fail to comply with the terms or conditions of a permit issued pursuant to this chapter, or to fail to comply with any or all notices or orders issued pursuant to this chapter.

(Ord. No. 3-2012, § 2.4.0, 7-11-2012)

A.

Provisions of this chapter will be enforced for the benefit of the health, safety, and welfare of the general public and the environment and, not for the benefit of any particular person or class of persons.

B.

The planning and building director or authorized representative is authorized to use the provisions of this section to remove, prevent and stop violations of this chapter. The planning and building director or authorized representative may call upon law enforcement, fire, health, or other appropriate county departments to assist in enforcement.

C.

The owner of any real or personal property subject to enforcement action and/or any person responsible for a violation at a particular site or real property shall be individually and jointly liable for failure to comply with this chapter or to comply with any and all notices or orders issued pursuant to this chapter.

D.

No provision or term used in this chapter is intended to impose any duty upon the county or any of its officers or employees, which would subject them or the county to damages in a civil action.

(Ord. No. 3-2012, § 2.5.0, 7-11-2012)

A.

Any person submitting an application for any land use permit or any other land use activities shall also be requested to give written consent to on-site inspection of their property solely for the purpose of assessing compliance with any or all county development regulations applicable to the land use permit or proposal submitted by that applicant.

B.

The planning and building director or authorized representative may, with the written consent of the owner, enter any building, structure, property or portion thereof at reasonable times to inspect the same in order to determine whether the applicant and/or owner are in compliance with any and all development regulations applicable to the land use permit or proposal submitted by that applicant.

C.

If written consent of the applicant or owner to enter private property exists and if the planning and building director or authorized representative should find such building, structure, property or portion thereof to be occupied, then the planning and building director or authorized representative shall present identification credentials, state the reasons for the inspection, and request entry.

D.

If written consent of the applicant or owner to enter private property exists and if the planning and building director or authorized representative should find such building, structure, property or portion thereof to be unoccupied, then the planning and building director or authorized representative shall first make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property or portion thereof and request entry. If the planning and building director or authorized representative is unable to locate the owner or such other persons, and has reason to believe that conditions therein create an immediate and irreparable land use or safety hazard, the planning and building director or authorized representative may enter to investigate land use violations or safety hazards.

E.

Should the planning and building director or authorized representative be denied written consent to access such private property in order to carry out the purpose and provision of this chapter, then the planning and building director or authorized representative shall, if entry upon private property is deemed necessary, be required to obtain a lawful search warrant executed by a neutral magistrate or judge based upon sufficient sworn proof of probable cause prior to entry upon private property.

F.

At such time as the county, through its planning and building director or authorized representative, concludes that the applicant has complied with all development regulations applicable to the applicant's proposal or application for one or more land use permits the written consent to enter the premises of the applicant for inspection and observation as permitted by this chapter shall immediately expire.

G.

Because there will be circumstances, a complaint or facts where an investigation of real property will be required that does not arise from an existing application or request for one or more land use permits, the planning and building director or authorized representative is permitted to take all lawful steps to investigate those circumstances or facts, including, but not limited to, obtaining a lawful search warrant executed by a neutral magistrate or judge based upon sufficient sworn proof of probable cause prior to entry upon private property.

(Ord. No. 3-2012, § 2.6.0, 7-11-2012)

A.

If after investigation, the planning and building director or authorized representative determines that any provision of this chapter has been violated, a notice of voluntary correction letter should be the first attempt at obtaining compliance. If voluntary compliance is not obtained, the planning and building director or authorized representative shall serve a notice and order, as set forth in this chapter, upon the owner and person(s) responsible for the violation. The notice of voluntary correction shall state the following:

1.

The street address, when available, and/or a legal description of real property sufficient to identify where the violation occurred or is located;

2.

Description of the activity that is causing a violation;

3.

Each provision violated under county regulations;

4.

The corrective action necessary to comply with said provisions;

5.

A reasonable time and date by which the corrective action is to be completed, however, in no event shall the time given for voluntary correction be greater than 60 calendar days, except as provided in this Chapter; and

6.

That continued or subsequent violations may result in civil enforcement actions, as provided in this chapter, to include monetary civil penalties, and/or abatement proceedings enforceable as a lien against property or as a personal obligation.

B.

Following a Notice of Voluntary Correction. The planning and building director or authorized representative and person in violation may meet to develop a compliance plan. The compliance plan shall establish a reasonable and specific time frame for compliance. No further action will be taken if the terms of the compliance plan are met. If no compliance plan is established, a notice and order will proceed.

C.

Upon written request received prior to the correction date, the planning and building director or authorized representative may, for good cause shown, grant an extension of the date set for correction for an amount of time as deemed reasonable by the planning and building director or authorized representative. The planning and building director or authorized representative may only consider as good cause (1) substantial completion of necessary correction; (2) unforeseeable circumstances not caused by the person so as to make completion impossible by the date established; or (3) procedural requirements for obtaining a permit to carry out the corrective action.

D.

The voluntary correction process is optional as deemed by the planning and building director or authorized representative. If the planning and building director or authorized representative believes that the requirements of this section are not being met, the planning and building director or authorized representative shall, in addition to the notice and order, issue applicable stop work or emergency orders.

(Ord. No. 3-2012, § 2.7.0, 7-11-2012)

A.

Issuance.

1.

When the planning and building director or authorized representative determines that a violation has occurred or is occurring, and is unable to secure voluntary correction, the planning and building director or authorized representative may issue a notice and order to the person responsible for the violation.

2.

The planning and building director or authorized representative may issue a notice and order without having attempted to secure voluntary correction as provided under the following circumstances:

a.

When an emergency exists; or

b.

When a repeat violation occurs; or

c.

When the violation creates a situation or condition which cannot be corrected; or

d.

When the person knows or reasonably should have known that the action is in violation of a county regulation; or

e.

The person cannot be contacted or refuses to communicate or cooperate with the county in correcting the violation.

B.

Content. The notice and order shall include the following:

1.

The name and address of the person responsible for that violation; and

2.

The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the violation has occurred or is occurring; and

3.

A description of the violation and a reference to the provision(s) of the County regulation(s) which has been violated; and

4.

The required corrective action and a date by which the correction must be completed after which the county may issue a notice of infraction and may abate the unlawful condition in accordance with the provisions of this chapter; and

5.

The issuance of a notice of infraction will occur at least ten (10) days but no more than forty-five (45) days from the date the notice and order is issued; and

6.

A statement indicating that the notice of infraction will be canceled and no monetary penalty will be assessed if the planning and building director or authorized representative approves the completed, required corrective action prior to or on the issue date of the notice of infraction; and

7.

A statement that the costs and expenses of abatement (including hauling and storage costs) incurred by the county and a monetary penalty as specified in this chapter may be assessed against the person to whom the notice and order is directed as specified in the notice of infraction.

C.

Service of Notice. The planning and building director or authorized representative shall serve the notice and order upon the person responsible for the violation, either personally or by mailing a certified copy of the notice and order to such person at their last known address. If the person responsible for the violation cannot be personally served within Franklin County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice and order conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by certified mail.

D.

Extension. Extensions of the time specified in the notice and order for correction of the violation may be granted at the discretion of the planning and building director or authorized representative.

E.

Monetary Penalty. The monetary penalty for each violation may be up to five hundred dollars ($500.00).

(Ord. No. 3-2012, § 2.8.0, 7-11-2012)

A.

Stop Work Order. Whenever a continuing violation of any regulations within this chapter will (1) materially impair the planning and building director or authorized representative's ability to secure compliance with this chapter, or (2) threaten the health or safety of the public, or (3) threaten or harms the environment, then the planning and building director or authorized representative may issue a stop work order specifying the violation and prohibiting any work or other activity at the site. The order may be posted on the subject property or may be served on persons engaged in any work in violation of this chapter and any other ordinance of Franklin County. No further work or activity shall proceed, unless and until authorized by the planning and building director or authorized representative in writing. In the event the planning and building director or authorized representative issues a stop work order, the voluntary correction procedures of this chapter and the notice and order provisions of this chapter shall not apply. Failure to comply with a stop work order shall constitute a violation of this chapter.

B.

Emergency Order. Whenever any use or activity in violation of this chapter threatens the health or safety of occupants of the premises or property, any member of the public or the environment, the planning and building director or authorized representative may issue an emergency order directing that the use or activity be discontinued and the condition causing threat to health and safety or threat and harm to the environment be corrected. The emergency order shall be served on the person(s) responsible pursuant to this chapter, which shall specify the time for compliance, and should be posted in a conspicuous place on the premises, if posting is physically possible. Failure to comply with an emergency order shall constitute a violation of this chapter. In the event the planning and building director or authorized representative issues a emergency order, the voluntary correction procedures of this chapter and the notice and order provisions of this chapter shall not apply. Failure to comply with an emergency order shall constitute a violation of this chapter.

(Ord. No. 3-2012, § 2.9.0, 7-11-2012)

A.

Issuance.

1.

When the planning and building director or authorized representative determines that a violation's required corrective action, from a notice and order, has not been completed within the required timeline, the planning and building director or authorized representative may issue a notice of infraction to the person responsible for the violation.

B.

Contents. The notice of infraction shall include the following:

1.

A statement that the notice of infraction represents a determination that the infraction has been committed by the person named in the notice of infraction and that the determination shall be final unless contested as provided in this chapter;

2.

A statement that the infraction is a noncriminal offense for which imprisonment shall not be imposed as a sanction;

3.

A statement of the specific infraction for which the notice of infraction was issued, the date and place the infraction occurred and the date the notice of infraction was issued;

4.

A statement that the civil penalty shall not exceed five hundred dollars ($500.00) for said violation and that the person may be ordered to pay court costs, if applicable, and restitution for any damages caused by said violation;

5.

A statement of the options provided in this chapter for responding to the notice and the procedures necessary to exercise these options, including the name, address, and phone number of the court where the notice of infraction is to be filed and that the defendant must respond within fifteen (15) days;

6.

A statement that a mailed response must be mailed not later than midnight on the day the response is due;

7.

A statement that at any hearing to contest the determination, the county has the burden of proving, by a preponderance of the evidence, that the infraction was committed; and that the person may subpoena witnesses, including the authorized representative of the department who issued and served the notice of infraction;

8.

A statement, which the person who has been served with the notice of infraction shall sign, that the person promises to respond to the notice of infraction in one of the ways provided in this chapter;

9.

A statement that refusal to sign the infraction as directed in subsection E. of this section is a misdemeanor and may be punished by a fine or imprisonment in jail; and a statement that a person's failure to respond to a notice of infraction as promised, is a misdemeanor and may be punished by a fine or imprisonment in jail.

C.

Service of Notice. The planning and building director or authorized representative shall serve the notice of infraction upon the person responsible for the violation, either personally or by mailing a certified copy of the notice of infraction to such person at their last known address. If the person responsible for the violation cannot be personally served within Franklin County and if an address for mailed service cannot be ascertained, notice shall be served by posting a copy of the notice of infraction conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting the facts showing that due diligence was used in attempting to serve the person personally or by certified mail.

D.

District or Superior Court. A violation designated as an infraction under this title can be heard and determined by either a district or superior court.

E.

Determination Infraction Committed. Unless contested in accordance with this chapter, the notice of infraction represents a determination that the person to whom the notice was issued committed the infraction.

F.

Response to Notice of Infraction.

1.

A person who receives a notice of infraction shall respond to the notice of infraction as provided in this section within fifteen (15) days of the date the notice of infraction was served.

2.

If the person named in the notice of infraction does not want to contest the determination, the person shall respond by completing the appropriate portion of the notice of infraction and submitting it, either by mail or in person, to the court specified on the notice of infraction. A check or money order in the amount of the penalty prescribed for the infraction must be submitted with the response. When a response which does not contest the determination is received, an appropriate order shall be entered in the court's records, and a record of the response and order shall be furnished to the planning and building department.

3.

If the person named in the notice of infraction wants to contest the determination, the person shall respond by completing the portion of the notice of infraction requesting a hearing and submitting it, either by mail or in person, to the court specified on the notice. The court shall notify the person in writing of the time, place, and date of the hearing. The date of the hearing shall not be sooner than fifteen (15) days from the date of the notice of hearing, except by agreement of the parties.

4.

If any person issued a notice of infraction (1) Fails to respond to the notice of infraction as provided in subsection F.2. of this section, or (2) Fails to appear at a hearing requested pursuant to subsection F.3. of this section, the court shall enter an appropriate order assessing the monetary penalty prescribed for the infraction and shall notify the department of the failure of the person to respond to the notice of infraction or to appear at a requested hearing.

5.

An order entered by the court under subsection F.4. of this section may, for good cause shown and upon such terms as the court deems just, be set aside for the same grounds a default judgment may be set aside in civil actions.

G.

Person's Refusal to Sign—Misdemeanor. It is a misdemeanor for any person who has been appropriately served with a notice of infraction to refuse to sign a written promise to respond to the notice.

H.

Person's Failure to Respond—Misdemeanor. It is a misdemeanor for any person who has been appropriately served with a notice of infraction to willfully violate the written promise to respond to the notice.

I.

Representation by Attorney. A person subject to proceedings under this title may appear or be represented by counsel. Each party to an infraction case is responsible for costs incurred by that party. No costs or attorney fees may be awarded to either party in an infraction case.

J.

Hearing Process.

1.

A hearing held to contest the determination that an infraction has been committed shall be without a jury.

2.

The court may consider the notice of infraction and any sworn statement submitted by the department's authorized representative who issued and served the notice in lieu of his or her personal appearance at the hearing. The person named in the notice of infraction may subpoena witnesses, including the authorized representative who issued and served the notice of infraction, and has the right to present evidence and examine witnesses present in court.

3.

The burden of proof is on the department to establish the commission of the infraction by a preponderance of the evidence.

4.

After consideration of the evidence and argument, the court shall determine whether the infraction was committed. If it has not been established that the infraction was committed, an order dismissing the notice shall be entered in the court's records. If it has been established that the infraction was committed, an appropriate order shall be entered in the court's records.

K.

Explanation of Mitigating Circumstances.

1.

A hearing held for the purpose of allowing a person to explain mitigating circumstances surrounding the commission of an infraction shall be an informal proceeding. The person may not subpoena witnesses. The determination that an infraction has been committed may not be contested at a hearing held for the purpose of explaining mitigating circumstances.

2.

After the court has heard the explanation of the circumstances surrounding the commission of the infraction an appropriate order shall be entered in the court's records.

3.

The person may not appeal the court's determination or order.

L.

Civil Penalty—Infraction. A civil penalty imposed by the court under this title is immediately payable. If the person or contractor is unable to pay at that time, the court may, in its discretion, grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court shall notify the department of the failure to pay the penalty and the department shall not issue the person or contractor any future permits for any work until the penalty has been paid.

M.

Continued Duty to Correct. Payment of a penalty pursuant to this chapter does not relieve the person to whom the notice of infraction was issued of the duty to correct the violation.

N.

Violation—Penalties.

1.

Upon a finding of a first violation of any provision of this title, any person or contractor shall be punished by a civil penalty not to exceed five hundred dollars ($500.00) for said violation, shall be responsible for court costs, if applicable, and shall be ordered to pay restitution for any damages caused by said violation.

2.

Upon the court's finding of a second or subsequent violation of the same provision of this title, any person or contractor shall be found guilty of a misdemeanor.

(Ord. No. 3-2012, § 2.10.0, 7-11-2012)

A.

The county may abate a condition which was caused by or continues to be a violation when:

1.

The terms of voluntary compliance agreement pursuant to this chapter have not been met; or

2.

A notice and order has been issued pursuant to this chapter and the required correction has not been completed; or

3.

A notice of infraction has been issued pursuant to this chapter and the required correction has not been completed; or

4.

The condition is subject to summary abatement as provided for in this chapter.

B.

Summary Abatement. Whenever any violation of a regulation causes a condition the continued existence of which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the county may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.

C.

Authorized Action by the County. Using any lawful means, the county may enter upon the subject property and may remove or correct the condition which is subject to abatement. The county may seek such judicial process as it deems necessary to effect the removal or correction of such condition.

D.

Recovery of Costs and Expenses. The costs, including incidental expenses, of correcting the violation shall be billed to the person responsible for the violation and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the county within thirty (30) calendar days. The term "incidental expenses" includes but is not limited to personnel costs, both direct and indirect, including attorney's fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the county in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing.

E.

Interference. Any person who knowingly obstructs, impedes, or interferes with the county or its agents, or with the person responsible for the violation in the performance of duties imposed by this chapter is guilty of a misdemeanor.

(Ord. No. 3-2012, § 2.11.0, 7-11-2012)

A.

Suspension—Cause. The planning and building director or authorized representative may temporarily suspend any permit issued under this chapter for:

1.

Failure of the holder to comply with the requirements of any development regulations, or rules promulgated thereunder; or

2.

Failure of the holder to comply with any order issued pursuant to this Chapter; or

3.

Interference with the planning and building director or authorized representative in the performance of his/her duties; or

4.

Discovery by the planning and building director or authorized representative that a permit was issued in error or on the basis of incorrect information supplied to the county.

5.

Failure to comply with the conditions and/or mitigation measures of any land use permit.

Whenever the planning and building director or authorized representative finds just cause, permit suspension shall be carried out through the notice and order provisions of this chapter and shall be effective upon service of the notice and order.

B.

Revocation—Cause. The planning and building director or authorized representative may permanently revoke any permit issued under this chapter for just cause.

(Ord. No. 3-2012, § 2.12.0, 7-11-2012)

A.

Items of personal property that are abated in accordance with this chapter will be stored/handled and disposed of in the following manner:

1.

Vehicles, boats, RV's, campers, mobile homes, trailers and any other items that are listed as personal and not real property according to the Franklin County Treasurer, if found to be in violation of this chapter or any other ordinance of Franklin County will be abated and stored in accordance with the provisions of state approved impound/tow yards.

2.

Any item(s) that are in violation and that meet the definition under this chapter or any other ordinance of Franklin County as a nuisance, or as junk, litter, debris, or garbage will be disposed of immediately in a land fill or any other approved waste handling facility.

(Ord. No. 3-2012, § 2.13.0, 7-11-2012)

A.

Lien—Authorized. Franklin County shall have an unperfected lien for any civil penalty imposed or for the cost of any abatement work done pursuant to this chapter, or both, against the real property on which the civil penalty was imposed or any of the abatement work performed.

B.

Personal Obligation—Authorized. The civil penalty and the cost of abatement are also joint and separate personal obligations of any person or entity in violation. The prosecuting attorney and/or planning and building director on behalf of the county may collect the civil penalty and abatement work costs by use of all appropriate legal remedies including the use of collection agencies.

C.

Lien—Foreclosure. The planning and building director or authorized representative shall cause a claim for lien to be filed for record in the Franklin County Auditor's Office within ninety (90) days of the date when the lien was perfected. The claim of lien shall contain the following:

1.

The authority for imposing a civil penalty or proceeding to abate the violation, or both;

2.

Proof, which may come from the document itself, of the legal perfection of the lien;

3.

A brief description of the civil penalty imposed or the abatement work done, or both, including the violations charged and the duration thereof, including the time the work is commenced and completed and the name of the persons or organizations performing the work;

4.

A legal description of the property to be charged with the lien;

5.

The name of the known or reputed owner, and, if not known, the fact shall be alleged; and

6.

The amount, including lawful and reasonable costs for which the lien is claimed.

D.

Verification. The planning and building director or authorized representative shall sign and verify the claim by oath to the effect that the planning and building director or authorized representative believes the claim is just.

E.

Amendment. The claim of lien may be amended in case of action brought to foreclose same, by order of the court, insofar as the interests of third parties shall not be detrimentally affected by amendment. Nothing shall prevent the planning and building director or authorized representative from removing or reducing the civil assessment or lien upon satisfactory evidence that the violation of this development code has been abated, resolved, or removed.

F.

Foreclosure. The lien provided by this section, once perfected and recorded as a lien against any real property owned in Washington by the debtor, may be foreclosed and enforced by a civil action in a court having jurisdiction. All persons who have legally filed claims of liens against the same property prior to commencement of the action shall be joined as parties, either plaintiff or defendant.

(Ord. No. 3-2012, § 2.14.0, 7-11-2012)