18.140.040 General Enforcement Provisions.
A. Notice and Orders to Correct, Stop Work Orders or Any Other Written Order.
1. The County is authorized to issue a Notice and Order to Correct, Stop Work Order, or any other written order when any person, firm, corporation or agent thereof has engaged in any development activity or land use or activity in violation of the terms or conditions of any County issued permit, approval, order, plat, decision (including Examiner decisions and County issued decisions) or contrary to any provision of the regulations listed in PCC 18.140.020.
2. The order may be directed to the person, firm, corporation or agent thereof who committed the violation and/or to the owner of the property where the violation occurred.
3. Notice and Orders to Correct, Stop Work Orders, or any other written orders shall be obeyed upon issuance of the order. Such order shall specify each violation by reference to the specific Title, Chapter, and Section, or by reference to the approved permit, approval, order, plat, or decision. Every written order shall describe the violation and shall order appropriate corrective action(s) to be taken within a specified time period.
4. Any final written order shall be served by any one or combination of the following methods:
a. by both first class and certified mail with a return receipt requested to the last known address of the intended recipient, or
b. by posting the order in a prominent location on the property where the violation occurred, or
c. by personal service.
5. A Notice and Order to Correct, Stop Work Order, or other written order may be issued along with other enforcement actions as described in this Chapter.
B. Additional Enforcement Powers.
1. The provisions of this subsection are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by law.
2. The County may require the owner to remove any unpermitted development and/or restore the property to the pre-development condition.
3. The County may remove, correct, or replace unpermitted development or portion thereof. All expenses incurred by the County to remove, correct, or replace unpermitted developments on a property must be paid in full prior to the issuance of any additional permits.
4. The County may record a Notice of Non-Compliance with the Pierce County Auditor against the property on which a violation has taken place. A Notice of Non-Compliance is recorded on the title to notify any interested parties or lenders that a violation exists on the property provided that:
a. Prior to recording a Notice of Non-Compliance, the County shall provide written notice of intent to record to the owner. Notice shall be delivered either personally or by mailing a copy of such notice by regular first class and certified mail to last known address of the owner. If the owner's address is unknown, the notice shall be mailed to the taxpayer as shown on the Assessor's records.
b. When any monetary penalty assessed for the violation has been paid and the violation has been remedied to the satisfaction of the County (i.e., final inspections have occurred and final approvals have been granted), the County may record a Notice of Compliance. The owner shall be responsible for paying the cost of recording the Notice of Non-Compliance and the Notice of Compliance before the Notice of Compliance is recorded.
5. Aerial photography, orthophotos, planimetrics, satellite data or any other aerial surveillance technique shall not be utilized as proactive enforcement tools to initiate enforcement actions by the Planning and Public Works Department in pursuit of compliance with the enforcement provisions of this Chapter.
C. Appeals. A final decision or written order may be appealed to the Pierce County Hearing Examiner under Chapter 1.22 PCC as an appeal of an administrative order or decision.