Chapter 22.07
ADMINISTRATION AND LEGAL PROVISIONS

Sections:

22.07.010    Administration.

22.07.020    Amendments.

22.07.030    Penalties and violations.

22.07.040    Remedies.

22.07.050    Severability.

22.07.060    Revised program.

22.07.070    References to plans, regulations or information sources.

22.07.010 Administration.

A. The planning and community development department director shall administer this program in accordance with the permit procedures specified in RCW 90.58.140, 90.58.143, 90.58.210 and 90.58.220 and Chapter 173-27 WAC, and related city codes, such as Chapter 21.10 BMC.

B. The planning director shall have the following authority and responsibility in administering this program:

1. Overall administrative responsibility for this program;

2. Authority to determine submittal requirements in accordance with BMC 21.10.190;

3. Authority to determine if an application is complete or incomplete;

4. Authority to grant or deny statements of exemption; and

5. Authority to grant or deny substantial development permits not requiring a public hearing.

C. Roles and responsibilities of the hearing examiner shall be in accordance with BMC 2.56.050. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.020 Amendments.

A. Amendments to this program shall be processed according to the procedures prescribed in WAC 173-26-100 and BMC 21.10.150.

B. Any person or agency may petition the city to amend this program. Petitions shall specify the changes requested and any and all reasons therefor. The city may consider a petition in accordance with BMC 21.10.150 if it deems the proposed amendment would make this program more consistent with the Act and/or any applicable Department of Ecology guidelines, or more equitable in its application to persons or property due to changed conditions in an area. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.030 Penalties and violations.

A. Pursuant to RCW 90.58.210(2) and WAC 173-27-280, any person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state within the city without first obtaining a permit, or who fails to comply with a cease and desist order shall be subject to a civil penalty not to exceed $1,000 for each violation. Each permit violation or each day of violation shall constitute a separate violation. The penalty shall be imposed pursuant to the procedure set forth in WAC 173-27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a penalty may appeal the same pursuant to WAC 173-27-290(1) and (2) to the hearing examiner.

B. In addition to incurring civil liability under subsection (A) of this section, pursuant to RCW 90.58.220, any person found to have willfully engaged in activities on shorelines of the state within the city in violation of the provisions of the Act or of this program or other regulations adopted pursuant thereto shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than $25.00 nor more than $1,000 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment. The fine for the third and all subsequent violations in any five-year period shall be not less than $500.00 nor more than $10,000. Any person found to have willfully violated any court order or a cease and desist order issued pursuant to this program shall be subject to a fine of not more than $5,000, imprisonment in the county jail for not more than 90 days, or both. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.040 Remedies.

A. Pursuant to RCW 90.58.210(1), the city, where authorized, shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state within the city in conflict with the provisions of this program, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this program.

B. Pursuant to RCW 90.58.230, any person subject to the regulatory provisions of this program or the Act who violates any provision thereof, or permit or permit condition issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its conditions prior to violation. The city attorney shall bring suit for damages under this section on behalf of the city. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney’s fees and costs of the suit to the prevailing party.

C. Pursuant to WAC 173-27-270, the planning and community development department director shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state within the city is in violation of the Act or this program, or of any permit issued pursuant thereto. The director shall follow the procedure set forth in WAC 173-27-270 in issuing a cease and desist order.

D. Rights of Entry.

1. For Permitting or Inspection of Work Conducted Under Permit. Whenever a person applies for a permit or approval under any section of this program, the planning and community development department director or its designee shall have a limited right of entry during the city’s normal business hours to conduct studies necessary to determine whether to approve the proposal or to inspect work being conducted under the permit or approval. The property owner’s failure to grant permission for the designee to enter the property shall be grounds for denial of the permit or issuance of a cease and desist order.

2. To Investigate Violations and Corrections. The planning and community development department director or its designee is authorized to enter upon property to determine whether the provisions of the Act and this program are being obeyed and to make any examinations, surveys, and studies as may be necessary in the performance of his or her duties. The designee shall obtain the property owner’s permission prior to entry. If the property owner declines to give permission or cannot be located, the designee shall enter upon the property only in a manner consistent with the constitutions and laws of the United States and the state of Washington. If so required by the constitutions and laws of the United States and the state of Washington, the designee shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose.

3. Search Warrants. Both Bellingham municipal court and Whatcom County superior court are authorized to issue search warrants under this program.

E. Abatement. Structures or development on shorelines considered by the city to present a hazard or other public nuisance to persons, properties, or natural features may be abated by the city under the provisions of the International Building Code, International Property Maintenance Code, or by other appropriate means. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.050 Severability.

If any section, subsection, or provision of this program, or its application to any person or circumstances is held invalid, the remainder of this program, or the application of the provision to other persons or circumstances shall not be affected. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.060 Revised program.

A. The revision and renumbering of this program into BMC Title 22 shall not release any person from full compliance with the terms and conditions of any permit or approval previously granted by the city. Where pre-existing permit conditions specify compliance with certain provisions of the program, the equivalent provisions of the revised program shall apply.

B. The planning and community development department director shall determine which sections apply where interpretation is necessary. [Ord. 2013-02-005 § 2 (Exh. 1)].

22.07.070 References to plans, regulations or information sources.

Where this program makes reference to any RCW, WAC, or other local, state, or federal law or regulation, or to any source of information, the most recent amendment or current edition shall apply. [Ord. 2013-02-005 § 2 (Exh. 1)].