41.30.070 Violations, civil remedies, and criminal penalties.
(1) Violations.
(a) Violations of this chapter may be addressed through a civil remedy or punished as a criminal act as provided in subsections (2) and (3) of this section.
(b) 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.
(c) Any property that is declared contaminated or unfit for use is a public nuisance.
(d) This chapter may be enforced by law enforcement officers, by the Health Officer, or by the Health Officer’s designee.
(2) Civil Remedies.
(a) The violation of any provision of this chapter is designated as a Class 1 civil infraction pursuant to Chapter 7.80 RCW, as amended. The Health Officer may issue a notice of civil infraction pursuant to Chapter 7.80 RCW if the authorized representative has reasonable cause to believe that the person has violated any provision of these regulations or has not corrected the violation as required by a written notice and order to correct violation. Civil infractions shall be issued, heard, and determined according to Chapter 7.80 RCW, as amended, and any applicable court rules.
(b) Civil infractions under this chapter include, but are not limited to, the following:
(i) Failure to Decontaminate. Any person who fails to decontaminate any property as required pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC, has committed a Class 1 civil infraction;
(ii) Occupying or Permitting Occupation of Property Declared Unfit for Use. Any person who occupies or permits or authorizes the occupation of any property ordered vacated pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC has committed a Class 1 civil infraction;
(iii) Removing, Destroying, Defacing, or Obscuring a Notice. Any person who removes, destroys, defaces, obscures or otherwise tampers with any notice posted pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC has committed a Class 1 civil infraction;
(iv) Failure to Comply with Order. Any person who fails to comply with any order issued pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC has committed a Class 1 civil infraction;
(v) Failure to Comply with a Written Assurance of Discontinuance. Any person who fails to comply with a written assurance of discontinuance issued pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC has committed a Class 1 civil infraction.
(vi) Failure to Comply with Approved Work Plan. Any person who performs decontamination activities not in accordance with the approved decontamination work plan has committed a Class 1 civil infraction.
(vii) Failure to Report Contamination. Any person who becomes aware of contamination at a property is required to report the contamination to the Health Officer, within one working day, upon gaining such knowledge.
(3) Criminal Penalties. The following are crimes under this chapter:
(a) Failure to Decontaminate. Any person who has previously been found by a court to have committed a violation of subsection (2)(b)(i) of this section, “Failure to Decontaminate,” and fails to decontaminate the same property as required pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC, shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more than $1,000 or to imprisonment in the County Jail not to exceed 90 days or to both fine and imprisonment. The court may also impose restitution.
(b) Obstructing Employees or Agents of the Local Health Jurisdiction. Any person who obstructs any enforcement officer, employee or agent of the local health jurisdiction or other governmental unit in the enforcement or carrying out of the duties prescribed in this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC shall be, upon conviction, guilty of a misdemeanor and shall be subject to a fine of not more that $1,000 or to imprisonment in the County Jail not to exceed 90 days or to both fine and imprisonment. The court may also impose restitution.
(4) Other Legal or Equitable Relief. Notwithstanding the existence or use of any other remedy, the Health Officer may seek legal or equitable relief to enjoin any acts or practices or abate any conditions that constitute or will constitute a violation of these regulations, or rules and regulations adopted under them.
(5) Imminent and Substantial Dangers. Notwithstanding any provisions of this chapter, the Health Officer may take immediate action to prevent an imminent and substantial danger to the public health.