6.73.010 - Authority.

Mason County adopts this chapter pursuant to its police and sanitary powers, Chapter 70.05 RCW. Mason County adopts the following chapters by reference: Chapter 64.44 RCW and WAC 246-205. This chapter provides the procedures and policies for appeals and enforcement of the Mason County health officer's determinations that property is unfit for use due to contamination from illegal drug manufacturing or storage, and establishes requirements for contamination reduction, abatement and assessment of costs. For the purposes of this chapter, the term "health officer" means the Mason County health officer appointed in accordance with Chapter 70.05 RCW, or his or her designee.

This regulation is promulgated to protect the public health, to prevent land, air, and water pollution, and to conserve Mason County's natural, economic and energy resources by reducing the environmental impacts of contaminated properties.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.020 - Applicability.

This chapter shall apply to all property as defined in RCW 64.44.010 for which the health officer issues or has issued an order prohibiting use of property pursuant to RCW 64.44.030.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.030 - Request for hearing.

Any person, company, corporation, trust or other business entity required to be notified of an order issued by the health officer prohibiting use of property pursuant to RCW 64.44.030 and any person, company, corporation, trust or other business entity to whom the health officer issues an order regarding contaminated property may submit a written request for a hearing regarding the health officer's order. The request for a hearing must be made within ten days of serving the order. The request shall state the reason for the request and include a two hundred dollars hearing fee. Upon receipt by the health officer of the request and the required fees, the hearing shall be held by the Mason County hearing examiner. The hearing shall occur within not less than twenty days or more than thirty days.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.040 - Stay of corrective action.

The filing of a request for hearing pursuant to the section above shall operate as a stay from the requirement to perform corrective action ordered by the health officer while the hearing is pending, except there shall be no stay from the requirement for immediate compliance with an emergency order issued by the health officer or from the requirements of an unfit for use order prohibiting the use, occupancy, or the moving of any property.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.050 - Inspections and right of entry.

(a)

The health officer, fire marshal and building official and/or their designees are authorized to make such inspections and take action as may be required to enforce the provisions of this chapter.

(b)

When it is deemed necessary to make an inspection to enforce the provisions of this chapter, or when the health officer, building official or fire marshal or their designees have reasonable cause to believe that there exists within any property a condition which is contrary to or in violation of this chapter, the health officer, building official, fire marshal or their designee may enter the property at reasonable times to inspect or perform the duties authorized by this chapter; provided, that the official shall first make a reasonable effort to notify the owner or other person, company, corporation, trust or other business entity in control of the property and request entry. If entry is refused, the health officer, building official, fire marshal or their designees shall have recourse to the remedies provided by law to obtain entry.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.060 - Securing property designated unfit for use.

(a)

The owner of record shall be responsible for securing the premises against unauthorized entry by closing, boarding up, fencing, barricading, locking or otherwise securing the property.

(b)

In the event that the owner does not take necessary action to maintain the property against entry, the health officer, building official and/or their designees are authorized to secure the property against unauthorized entry by closing, boarding up, fencing, barricading, locking or otherwise securing the property to prevent entry. All costs for securing the property will be the responsibility of the owner of record.

(c)

The health officer may prohibit the moving or removal of vehicles or any other personal property subject to an unfit for use order without prior written approval. The health officer may secure such property by attachment of a locking device or any other means to prevent the property from being moved.

(d)

The health officer may order the Mason County sheriff's office to impound vehicles designated as unfit for use until such time as the vehicle is either released for reuse or destroyed.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.070 - Other powers reserved—Emergency orders.

Nothing in this chapter shall limit the authority for Mason County or the Mason County health officer to act under any other legal authority. The powers conferred by this chapter shall be in addition to and supplemental to the powers conferred by any other law. If the health officer determines immediate action is necessary to protect public or environmental health and safety, any person, company, corporation, trust or other business entity to whom such an order is directed shall be required to comply with the order immediately.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.080 - Notice to utility purveyors.

The health officer is authorized to notify purveyors of utility services to any property declared unfit for use that use or occupancy of the premises is prohibited. The health officer may order purveyors of utilities to discontinue the provisions of their services.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.090 - Violations.

(a)

It is unlawful and a violation of this chapter to:

(1)

Occupy or permit or authorize the occupation of any structure, premises or property posted as unfit for use or ordered vacated pursuant to this chapter or Chapter 64.44 RCW;

(2)

Enter or authorize or allow another person, company, corporation, trust or other business entity to enter any property declared unfit for use or otherwise ordered vacated pursuant to this chapter or Chapter 64.44 RCW without approval of the health officer;

(3)

Willfully fail to comply with any order issued pursuant to this chapter or Chapter 64.44 RCW;

(4)

Obstruct any officer, employee or agent of Mason County or other governmental unit in the enforcement or carrying out of the duties prescribed in this chapter or Chapter 64.44 RCW;

(5)

Remove, deface, obscure or otherwise tamper with any notice posted pursuant to this chapter or Chapter 64.44 RCW;

(6)

Maintain any property in violation of an order issued by the health officer pursuant to this chapter;

(7)

Fail or refuse to comply with any order or decision of the health officer, hearing officer or appeals commission pursuant to this chapter.

(b)

Violations of this chapter are punishable and shall be enforced pursuant to the penalties prescribed in Chapter 15.13 Mason County Development Code. The hearing examiner, law enforcement officers, or the health officer or his or her designee, who shall be enforcement officers as defined by RCW 7.80.040 may enforce this chapter.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.100 - Penalties.

Each violation of this chapter shall be a separate and distinct offense and in the case of a continuing violation, each day's continuance shall be a separate and distinct violation.

(1)

Every violation of this chapter is unlawful and a public nuisance.

(2)

The violation of any provision of this chapter is designated as Class 1 civil infraction pursuant to Chapter 7.80 RCW. Civil infractions shall be heard and determined according to Chapter 7.80 RCW, as amended, and any applicable court rules. The penalty for such violation shall be two hundred and fifty dollars per violation.

(3)

Any person, company, corporation, trust or other business entity intentionally, recklessly or negligently violating any provision of this chapter shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than five hundred dollars or to imprisonment in the county jail not to exceed ninety days or to both fine and imprisonment.

(4)

The prosecuting attorney is authorized to institute legal action to enforce compliance with the provisions of this chapter and may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute a violation of this chapter.

(5)

The health officer and his or her designee are authorized to bring enforcement action as provided in Chapter 15.13 Mason County Development Code.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).

6.73.110 - Severability clause.

The provisions, sections and subsections of this chapter, shall be considered to be severable, so that if any provision, section, or subsection, or its application to any person, company, corporation, trust or other business entity or circumstance, is altered, amended, abrogated, repealed, superseded by constitution, state law or otherwise held invalid, the remainder of the particular provision, section, subsection, or chapter, or the application thereof to other persons, companies, corporations, trusts or other business entities or circumstances, shall not be deemed affected.

(Ord. 107-05 Attach. B (part), 2005: Ord. 8-04 Attach. C (part), 2004).