20.28.030 Penalty waivers.
Penalties may be waived by the Director under the following circumstances and to the following extent only:
(1) If a citation, notice and order, or stop work order was issued in error, or if penalties were assessed in error, the Director may adjust the penalties to the correct amount. The Director shall document the circumstances under which a decision was made to adjust penalties and such a statement shall become part of the public record unless privileged.
(2) If the code violation has been fully corrected according to the terms of a duly executed voluntary compliance agreement under this title, then the Director shall waive a portion of the accrued but unpaid penalties, and associated interest, according to the table set forth herein, which amount shall be specifically memorialized in said voluntary compliance agreement:
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If the date of the voluntary compliance agreement is: |
Portion of accrued but unpaid penalties to be waived: |
|---|---|
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Within 90 calendar days of imposition of penalties |
75 percent |
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After 90 calendar days of imposition of penalties |
50 percent |
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Within 90 calendar days of recording lien for penalties |
50 percent |
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After 90 calendar days of recording lien for penalties |
25 percent |
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Within 45 calendar days of the acquisition date of the subject property by new owners (including inheritance) |
75 percent |
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After 45 calendar days of the acquisition date of the subject property by new owners (including inheritance) |
25 percent |
This partial waiver of penalties shall only apply to unpaid penalties and associated interest. Under no circumstances shall anything in this section be construed to mean that the Department or Clallam County shall owe reimbursement of penalties and/or interest already paid.
(3) In partially waiving penalties and interest, the Director must follow the above table and may not deviate from the same. This objective waiver of penalties serves to further the overriding public purpose of bringing properties into code compliance, and recognizes the environmental and public health benefits to the County of bringing properties into code compliance.
(4) The Director shall not waive any assessed costs of code compliance or actual abatement costs incurred by the County, including associated interest thereon. Actual abatement costs are funds spent by the County to achieve physical abatement of the violation.
(5) Upon a determination that the violation has been corrected according to the terms of the voluntary compliance agreement, the Director shall record a certificate of correction together with an amended lien that reflects the partial waiver of penalties and associated interest pursuant to the provisions of this title.
(6) Within 30 calendar days of full payment of any remaining penalties, costs, and associated interest, the Director shall record a lien satisfaction.