Chapter 7.54
MAINTENANCE OF CONSTRUCTED STORMWATER CONTROL FACILITIES

Sections:

7.54.010    Title.

7.54.020    Purposes and objective.

7.54.030    Applicability.

7.54.040    Public nuisance.

7.54.050    Administration - Authority of directors.

7.54.060    Snohomish County Drainage Manual.

7.54.070    Definitions.

7.54.080    Maintenance and repair of constructed stormwater control facilities.

7.54.090    Inspections.

7.54.100    Notice and order to cease violation.

7.54.110    Warning notice as alternative to notice and order.

7.54.120    Monetary penalties and costs.

7.54.130    Response to a notice and order.

7.54.140    Revised notice and order.

7.54.150    Hearing examiner process for appeal of notice and order.

7.54.160    Appeal under LUPA.

7.54.170    Final order.

7.54.180    Failure to comply with final order.

7.54.190    Criminal prosecution.

7.54.200    Reduction of monetary penalties.

7.54.210    No county liability.

7.54.220    Immunity from suit.

7.54.230    Compliance with other laws.

7.54.600    Sunset.

7.54.010 Title.

This chapter shall be known as the Snohomish County Stormwater Facility Maintenance Code.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.020 Purposes and objective.

(1) The purposes of this chapter are to:

(a) Protect the quality of the county’s aquatic resources, including receiving waters, groundwater, and aquatic sediments, from the discharge of contaminants and the adverse impacts of stormwater runoff;

(b) Ensure the function and integrity of public infrastructure related to stormwater control, including county roads, associated rights-of-way, and stormwater control facilities;

(c) Reduce, prevent and ameliorate the adverse impacts of contaminated discharges on public health, safety and welfare; and

(d) Protect, maintain and improve the quality of the county’s water resources for fish and wildlife habitat, human recreation and other ecological and aesthetic purposes and beneficial uses.

(2) The objectives of this chapter are to:

(a) Establish minimum requirements for the regular inspection and maintenance of constructed stormwater control facilities, pursuant to which the owners, occupants and operators of real property on which such facilities are located must keep such facilities in good condition and repair so that such facilities perform their intended function, thereby controlling, reducing and preventing the discharge of pollutants to the waters of the state as required by chapter 90.48 RCW, the Clean Water Act, the county’s Drainage Manual and the county’s Phase I NPDES municipal stormwater permit; and

(b) Establish procedures pursuant to which the county may enforce compliance with the requirements described above.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.030 Applicability.

Unless specifically exempted herein, this chapter applies to all constructed stormwater control facilities located in the unincorporated areas of the county.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.040 Public nuisance.

Each and every violation of this chapter constitutes a public nuisance subject to enforcement action under this chapter or to such other remediation as is authorized by law. The remedies set forth in this chapter are not exclusive, and do not limit or restrict the authority of the county to cure, abate, ameliorate or remediate violations in any other lawful manner.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.050 Administration - Authority of directors.

The directors of the department of public works and the department of planning and development services shall be responsible for implementing this chapter. The directors are each authorized to adopt and amend procedural rules pertaining to the implementation and enforcement of this chapter; provided, that the directors shall coordinate with one another to avoid adopting conflicting or duplicative procedural rules under this section. Copies of all procedural rules and amendments thereto shall be available to the public at the respective departments.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.060 Snohomish County Drainage Manual.

The technical guidelines and best management practices contained in the most recent version of the Drainage Manual adopted by the director of the department of public works pursuant to chapter 30.63A SCC shall be used in implementing the requirements of this chapter. A copy of the Drainage Manual shall be available to the public at the department of public works.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.070 Definitions.

In this chapter, unless the context clearly requires otherwise, the following terms shall have the meanings specified below:

(1) "Aquatic sediment" means a surface sediment overlain by an aquatic environment; a solid, fragmented, particulate material transported and deposited by wind, water, ice or chemically precipitated from solution and/or secreted by organisms; forming deposits of loose, unconsolidated layers in which the void spaces are occupied by fresh, marine or brackish water.

(2) "Best management practices" or "BMPs" means physical objects, structures, managerial practices, or behaviors, that when used singly or in combination, eliminate or reduce the introduction of contaminants to stormwater, receiving waters, or groundwater.

(3) "Clean Water Act" means the federal Water Pollution Control Act, codified at 33 U.S.C. 1251 et seq., as now existing or hereafter amended.

(4) "Constructed stormwater control facility" means any type of catch basin or drainage facility for which maintenance standards are set forth in Volume V, Chapter 4 of the Drainage Manual.

(5) "Constructed stormwater control facilities regulated by the county’s Phase I NPDES municipal stormwater permit" means those constructed stormwater control facilities that discharge into the county’s storm sewer system and are thereby subject to the operation and maintenance program mandated by Special Condition S5.C.9 of the county’s Phase I NPDES municipal stormwater permit.

(6) "Contaminant" means a solid, liquid, or gaseous substance that, if discharged to a drainage facility, natural drainage system, receiving waters or groundwater, will alter the physical, chemical, or biological properties thereof to the extent that the discharge will render the facility, system, or water harmful, detrimental, or injurious to the public health, safety, or welfare, or to domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses, or to livestock, wild animals, birds, fish, or other aquatic life.

(7) "Department" means the department of public works or the department of planning and development services, unless otherwise specified.

(8) "Director" means the director of the department of public works or the department of planning and development services, unless otherwise specified.

(9) "Drainage facility" means any part of a manmade physical system designed or constructed to collect, treat, convey, store, or control the flow of stormwater. Drainage facilities include, but are not limited to, stormwater conveyance and containment facilities, including pipelines, constructed channels and ditches, infiltration facilities, retention and detention facilities, stormwater treatment facilities, erosion and sedimentation control facilities, and all other drainage structures and appurtenances.

(10) "Ecology" means the Washington State Department of Ecology.

(11) "EPA" means the United States Environmental Protection Agency.

(12) "Groundwater" means all waters that exist beneath the land surface or beneath the bed of any stream, lake, or reservoir, or other body of surface water, whatever may be the geological formation or structure in which such water stands, flows, percolates or otherwise moves.

(13) "National Pollutant Discharge Elimination System" or "NPDES" means the national program authorized under the Clean Water Act for controlling pollutants from point and nonpoint source discharges into waters of the United States.

(14) "National Pollutant Discharge Elimination System permit" or "NPDES permit" means a permit issued by Ecology or the EPA to implement the requirements of the Clean Water Act.

(15) "Natural drainage system" means the physical beds and boundaries of receiving waters, including those natural drainage systems that have been altered by human actions.

(16) "Person" means any natural person, corporation, nonprofit corporation, municipal corporation, government agency, limited liability company, partnership, limited partnership, limited liability partnership, professional services corporation, or any other legally recognized entity.

(17) "Person(s) responsible" or "responsible person(s)" means the person(s) obligated to remediate a particular violation, and includes all of the following persons:

(a) The fee owner(s) of the real property on which the violation exists or occurred;

(b) The tenant(s), licensee(s) or other person(s) entitled to use, occupy or otherwise control the real property on which the violation exists or occurred;

(c) The person(s) who performed or committed the acts or omissions causing or leading to the violation (if applicable); and

(d) Any other person(s) responsible for the violation under applicable law.

(18) "Receiving waters" means lakes, rivers, ponds, streams, wetlands, brackish or salt waters, portions of Puget Sound, and any other naturally occurring surface waters or watercourses located within the unincorporated county, including those for which the physical beds and boundaries have been altered by human actions.

(19) "Snohomish County Drainage Manual" or "Drainage Manual" means the manual adopted by the director of the department of public works pursuant to chapter 30.63A SCC, and any amendments thereto, as described in SCC 7.54.050.

(20) "Stormwater" means surface water runoff resulting from rainfall, snowmelt, or other precipitation, prior to discharge to a receiving water or groundwater.

(21) "Violation" means the occurrence of any of the following:

(a) Failure to properly inspect or maintain a constructed stormwater control facility as required by SCC 7.54.080;

(b) Failure to comply with any other requirement established in this chapter; or

(c) Performing or allowing the performance of any act prohibited by this chapter.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.080 Maintenance and repair of constructed stormwater control facilities.

(1) The person(s) responsible for one or more constructed stormwater control facilities regulated by the county’s Phase I NPDES municipal stormwater permit must inspect and maintain those facilities in accordance with the standards and timelines set forth in Volume V, Chapter 4 of the Drainage Manual.

(2) For all constructed stormwater control facilities not described in subsection (1) of this section, the person(s) responsible for such facilities must inspect and maintain the facilities in accordance with the standards set forth in Volume V, Chapter 4 of the Drainage Manual.

(3) Inspections required under subsection (1) of this section shall be performed annually. The director of the department of public works may approve a reduced inspection frequency for a particular constructed stormwater control facility if the person(s) responsible for said facility can demonstrate that the reduced frequency is justified on the basis of maintenance records.

(4) Inspection and maintenance records for all constructed stormwater control facilities shall be retained by the responsible person(s) for a minimum of five years, and shall be made available to the county upon request.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.090 Inspections.

The county may enter onto real property on which one or more constructed stormwater control facilities is located and inspect said facilities to determine compliance with this chapter if (1) the county has the right to enter onto the real property for purposes of inspection pursuant to an easement, covenant, license, search warrant or other instrument, or (2) the owner, occupant or operator of the real property, or another person having apparent control or authority over the real property grants the county permission to enter and perform an inspection. Such inspections may include the following activities:

(1) Inspection, sampling, and testing of any constructed stormwater control facility for the purpose of determining compliance with standards for inspection, maintenance, or repair adopted by the director and applicable to the facility;

(2) Investigation of the integrity of any constructed stormwater control facility components using any appropriate test deemed necessary, including, but not limited to, dye or smoke testing or video surveys;

(3) Creation of records reasonably necessary to document conditions related to compliance with the standards described above, including but not limited to photographs, video, measurements and drawings; and

(4) Inspection and copying of nonconfidential records relating to inspection, maintenance, or repair of the constructed stormwater control facilities.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.100 Notice and order to cease violation.

(1) Whenever any constructed stormwater control facility is found to be in violation of this chapter or standards required hereunder, the director may cause a notice and order to be issued to the responsible person(s), which may include an order to immediately cease the activity causing the violation or take affirmative action to abate the violation.

(2) The notice and order shall include the following information:

(a) The name(s) of the person(s) determined to be responsible for the violation;

(b) The address or legal description of the real property on which the violation exists or occurred;

(c) A description of the violation, including the specific provision of this chapter or Volume V, Chapter 4 of the Drainage Manual which has been violated;

(d) If applicable, a brief description of any activity which is causing the violation to exist or occur;

(e) A description of any required corrective action;

(f) A deadline by which corrective action, if any, must be completed;

(g) The amount of monetary penalty imposed due to the violation and the date by which payment must be made;

(h) The signature and written name of the county official issuing the notice and order;

(i) The contact information for the county’s designated contact person or office to which questions regarding the notice and order may be directed;

(j) The date of the notice and order; and

(k) Notice of the right to contest the notice and order as provided in SCC 7.54.130(5).

(3) A notice and order may be amended at any time to correct clerical errors. An amendment made pursuant to this subsection shall not affect the validity or effective date of the original notice and order.

(4) The notice and order shall be served upon the responsible person(s) by one of the following methods:

(a) By personal service;

(b) By certified mail, sent to the last known address of the responsible person(s);

(c) If the address of the responsible person(s) is unknown, by posting a copy of the notice and order in a conspicuous place at the site of the violation.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.110 Warning notice as alternative to notice and order.

(1) As an alternative to issuing a notice and order, the director may issue a warning notice to the person(s) responsible for an apparent violation of this chapter if the apparent violation can be corrected within a reasonable amount of time. A warning notice is a communication by the director containing recommended actions that may be taken by the person(s) responsible for an apparent violation in order to potentially avoid the issuance of a notice and order.

(2) A warning notice shall include the following information:

(a) The name(s) of the person(s) determined to be responsible for the apparent violation;

(b) The address or legal description of the real property on which the apparent violation exists or has occurred;

(c) A description of the apparent violation, including the specific provision of this chapter or Volume V, Chapter 4 of the Drainage Manual which has been violated;

(d) If applicable, a brief description of any activity which is causing the apparent violation to exist or occur;

(e) A description of any recommended corrective action;

(f) A deadline by which corrective action should be completed in order to avoid issuance of a notice and order;

(g) The signature and written name of the county official issuing the warning notice;

(h) The contact information for the county’s designated contact person or office to which questions regarding the warning notice may be directed; and

(i) The date of the warning notice.

(3) The director may issue a notice and order for a violation of this chapter irrespective of any previous issuance of a warning notice regarding the violation.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.120 Monetary penalties and costs.

(1) Whenever a violation of this chapter occurs, the director may impose a monetary penalty upon the person(s) responsible for the violation. The amount of such monetary penalty shall be calculated pursuant to this section, and set forth in a notice and order issued pursuant to SCC 7.54.100.

(2) The base amount of each monetary penalty shall be $5,000 per violation. If there are multiple problems with the same constructed stormwater facility, said problems shall be treated as a single violation for purposes of calculating the amount of base penalty imposed. If more than one constructed stormwater control facility is located on a particular property, a $5,000 base penalty shall be imposed for each constructed stormwater facility that is in violation of this chapter.

(3) In addition to the base penalty amount, the person(s) responsible for a violation may also be required to reimburse the county for the costs incurred by the county in investigating the violation and enforcing remediation of the violation, including any laboratory costs. If the full amount of reimbursable costs incurred by the county due to a particular violation is not known at the time an original notice and order is issued, a revised notice and order including such costs in the monetary penalty may be issued to the responsible person(s) once said costs are known.

(4) If there is more than one person responsible for a given violation, all responsible persons shall be jointly and severally liable to the county for the entire amount of monetary penalties imposed with respect to the violation.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.130 Response to a notice and order.

The recipient(s) of a notice and order shall respond to the notice and order within 30 calendar days from the date of receiving the notice and order, unless the notice and order specifies a longer time period. The recipient(s) may respond to a notice and order in any of the following ways:

(1) Cure the Violation in a Timely Manner. The recipient(s) of a notice and order may cure the violation described in the notice and order within the time period specified in the notice and order. In such event, the recipient shall promptly notify the county when the violation has been cured, and the county shall promptly inspect the site for compliance. If the county determines the violation has been timely cured, any monetary penalty specified in the notice and order shall be automatically waived in full, as provided in SCC 7.54.200.

(2) Request Additional Time. The recipient(s) of a notice and order may submit a written request to the county requesting additional time to cure the violation. Any such request shall explain why the circumstances surrounding the violation support the request for additional time. The request shall propose a timeline or schedule pursuant to which the responsible person(s) will cure the violation. The director may agree to a reasonable proposal requesting additional time. In connection with approving a request for additional time under this subsection, the director may also agree that if the violation is cured by the new deadline, the amount of the monetary penalty specified in the notice and order shall be reduced by an appropriate amount, consistent with SCC 7.54.200. The director’s decision to grant, deny, or partially grant a request for additional time shall be in writing, as shall any associated decision to conditionally reduce the monetary penalty. If the violation is not cured by the new deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.

(3) Request a Reduction in the Amount of Monetary Penalty. The recipient(s) of a notice and order may submit a written request to the county requesting a reduction in the amount of the monetary penalty specified in the notice and order. Any such request shall explain why the circumstances surrounding the violation support the request to reduce the amount of the monetary penalty. The director may agree to reduce the amount of the monetary penalty by an appropriate amount, consistent with SCC 7.54.200, on the condition that the violation must be cured by the deadline specified in the notice and order or such other deadline as the director may deem reasonable. The director’s decision to grant, deny, or partially grant a request for a reduction in the amount of any monetary penalty shall be in writing. If the director’s written decision grants or partially grants a reduction in the amount of a monetary penalty, then the decision shall also specify the deadline by which the violation must be cured in order for the reduction in monetary penalties to be effective. If the violation is not cured by the specified deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.

(4) Request Additional Time and a Reduction in the Amount of Monetary Penalty. The recipient(s) of a notice and order may submit a written request to the county requesting both additional time in which to cure the violation and a reduction in the amount of the monetary penalty specified in the notice and order. Any such request shall explain why the circumstances surrounding the violation support both the request for additional time and the request to reduce the amount of the monetary penalty. The request shall propose a timeline or schedule pursuant to which the recipient of the notice and order will cure the violation. The director may agree to a reasonable proposal (a) requesting additional time, and/or (b) to reduce the monetary penalty by an appropriate amount, consistent with SCC 7.54.200, on the condition that the violation must be cured by the applicable deadline. The director’s decision to grant, deny, or partially grant a request for both additional time and a reduction in the amount of monetary penalties shall be in writing. If the director’s written decision grants or partially grants a reduction in the amount of a monetary penalty, then the decision shall also specify the deadline by which the violation must be cured in order for the reduction in monetary penalties to be effective. If the violation is not cured by the specified deadline, then any reduction in the amount of monetary penalties granted pursuant to this subsection shall be void and the original amount of monetary penalties specified in the notice and order shall be due and owing.

(5) Contest the Notice and Order. The recipient(s) of a notice and order may contest the accuracy, validity, or appropriateness of the notice and order by appealing the notice and order to the hearing examiner within 30 calendar days from the date of receiving the notice and order. Any such appeal must be made in writing and must contain the elements described in SCC 2.02.125, except that no filing fee shall be required. The appeal documents may be delivered either to the department of planning and development services or directly to the office of the hearing examiner. Any appeal documents delivered to the department of planning and development services shall be transmitted to the office of the hearing examiner within three business days.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.140 Revised notice and order.

(1) Consistent with SCC 7.54.120(3), a revised notice and order may be issued to the person(s) responsible for a violation for the purpose of adjusting the amount of monetary penalty imposed in the original notice and order to include costs incurred by the county in investigating and enforcing remediation of the violation. A revised notice and order shall clearly reference the original notice and order that is being revised. The issuance of a revised notice and order does not affect the validity or issuance date of the original notice and order.

(2) The recipient(s) of a revised notice and order shall respond to the revised notice and order in one of the following ways:

(a) Pay the Additional Amount of Penalties in a Timely Manner. The recipient(s) of a revised notice and order may pay the increased amount of monetary penalties to the county within the longest of the following time periods: (i) within 30 calendar days of receiving the revised notice and order, (ii) by the deadline specified in the revised notice and order, if any, (iii) by any extended deadline for payment of the original monetary penalty that has been agreed to by the director pursuant to SCC 7.54.130, or (iv) if the original notice and order was timely appealed, then by the deadline for payment of the original monetary penalty that is specified in the final order resulting from the appeal, as described in SCC 7.54.170.

(b) Contest the Revised Notice and Order. The recipient(s) of a revised notice and order may contest the accuracy, validity, or appropriateness of the increased amount of monetary penalties imposed by the revised notice and order by appealing the revised notice and order to the hearing examiner within 30 calendar days of receiving the revised notice and order. The scope of such appeal shall be strictly limited to the accuracy, validity, and appropriateness of the increased amount of monetary penalties imposed by the revised notice and order. Any such appeal must be made in writing and must contain the elements described in SCC 2.02.125, except that no filing fee shall be required. Any appeal documents delivered to the department of planning and development services shall be transmitted to the office of the hearing examiner within three business days. If an appeal of the original notice and order is pending with the hearing examiner, the hearing examiner shall have discretion to consolidate the appeals.

(3) To the extent applicable, the provisions of SCC 7.54.150, 7.54.160, 7.54.170 and 7.54.180 shall each apply to a revised notice and order, just as they apply to an original notice and order.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.150 Hearing examiner process for appeal of notice and order.

(1) Except as expressly provided to the contrary in this chapter, the provisions of chapter 2.02 SCC and any applicable rules adopted by the hearing examiner shall govern the appeal of a notice and order.

(2) Unless an appeal of a notice and order is summarily dismissed by the hearing examiner, the hearing examiner shall hold a public hearing regarding the appeal within 30 business days of the date on which the hearing examiner received the appeal.

(3) The hearing examiner shall issue a decision regarding the notice and order promptly after the conclusion of the hearing, consistent with timelines established by chapter 2.02 SCC.

(4) Should the appellant(s) of a notice and order fail to appear at the public hearing regarding the notice and order, the hearing examiner shall issue a decision dismissing the appeal. In that event, the notice and order shall become a final determination of the following: (a) that the violation described in the notice and order occurred; (b) that the person(s) identified in the notice and order as being responsible for the violation are the responsible person(s); and (c) that the amount of any monetary penalty set forth in the notice and order is reasonable and affirmed. For good cause shown, the hearing examiner may set aside a decision entered upon an appellant’s failure to appear.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.160 Appeal under LUPA.

A notice and order constitutes a "land use decision" as that term is defined in the Land Use Petition Act, chapter 36.70C RCW ("LUPA"). An appeal of a notice and order to the hearing examiner under SCC 7.54.130(5) constitutes an administrative appeal of the department’s land use decision. The hearing examiner’s final decision regarding appeal of a notice and order is the final decision of the county regarding the violation described in the notice and order, and is appealable to superior court under LUPA. Appeals under LUPA must be filed within 21 days of the date on which the challenged decision is issued.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.170 Final order.

A final order constitutes a conclusive determination that a violation occurred, that the specified person(s) are responsible for the violation, that any monetary penalty imposed is valid and must be paid to the county, and that administrative and judicial options to appeal the determination are exhausted. Unless a different timeline is set forth in the final order or agreed to in writing by the director, the responsible person(s) must comply with a final order within 30 calendar days of the date on which the order becomes final.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.180 Failure to comply with final order.

If the person(s) responsible for a violation under a final order do not fully comply with the final order within the required time period, the county may take any one or more of the following actions to cause the responsible person(s) to comply:

(1) Institute a civil action in any court of competent jurisdiction to enforce the final order, to collect the monetary penalties imposed pursuant to this chapter, or both;

(2) Engage a collection agency, as defined in chapter 19.16 RCW, to collect the monetary penalties imposed pursuant to this chapter, in which event the reasonable costs of collection shall be added to the amount of monetary penalty due;

(3) Abate and remediate the violation in accordance with the provisions of this chapter and other applicable law and charge the costs of such abatement to the responsible person(s) as additional monetary penalties owing under SCC 7.54.120(3);

(4) Cause the responsible person(s) to be criminally prosecuted as provided in SCC 7.54.190; or

(5) Pursue other remedies allowed by law.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.190 Criminal prosecution.

Any person who willfully or knowingly causes or maintains a violation under this chapter or who willfully or knowingly fails or refuses to remediate a violation under this chapter is guilty of a misdemeanor and upon conviction shall be punished in the manner provided for in RCW 9A.20.021, as it now exists or is hereafter amended.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.200 Reduction of monetary penalties.

Monetary penalties imposed pursuant to this chapter may be reduced or waived under the circumstances and in the amounts specified below:

(1) The director shall waive any monetary penalties, or portions thereof, imposed due to mistake or error of the county.

(2) As specified in SCC 7.54.130(1), the director shall waive in full any monetary penalties associated with a violation if the responsible person(s) remediate the violation within the time period specified in the notice and order.

(3) SCC 7.54.130(2), (3) and (4) provide the director with discretion to conditionally reduce the monetary penalties associated with a violation under specified circumstances. The director shall exercise this discretion based on consideration of the facts and circumstances surrounding the violation at issue, including, but not limited to, the severity of the violation, the magnitude of the public interest being protected, and the willingness of the responsible person(s) to correct the violation once made aware of the violation. If the director determines it is appropriate and fair to reduce the monetary penalties associated with a violation, the director shall also have discretion to determine the amount by which monetary penalties should be reduced.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.210 No county liability.

Administration or enforcement of this chapter shall not be construed to impose or create a basis for any liability on the part of the county, its appointed or elected officials, officers, agents, or employees, nor shall this chapter be construed to create any special relationship with or otherwise protect any specific person or class of persons.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.220 Immunity from suit.

(1) Any county appointed or elected officials, officers, agents or employees charged with the administration or enforcement of this chapter acting in good faith and without malice on behalf of the county shall not be personally liable for any damage that may accrue to persons or property as a result of any act required by the county, or by any reason of any act or omission in the discharge of those duties.

(2) Any suit brought against county appointed or elected officials, officers, agents or employees because of an act or omission performed in the administration or enforcement of any provision of this chapter shall be defended by the county subject to the provisions of SCC 2.90.085.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.230 Compliance with other laws.

Compliance with this chapter does not constitute a waiver of the requirements of any other applicable federal, state or local laws and regulations.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).

7.54.600 Sunset.

As provided in Section 2.115 of the Snohomish County Charter, this chapter shall be automatically repealed on the date that is six years following enactment unless it is re-enacted prior to that date.

(Added by Amended Ord. 13-022, April 17, 2013, Eff date April 28, 2013).