Chapter 16.36
ENFORCEMENT

Sections:

16.36.010    Enforcement.

16.36.020    Penalty.

16.36.030    Public and private redress.

16.36.040    Delinquent permit penalty.

16.36.010 Enforcement.

A. The provisions of chapter 15.06 SMC relating to enforcement shall apply to this chapter.

B. All provisions of the shoreline master program shall be enforced by the administrator and/or a designated representative. For such purposes, the administrator or a duly authorized representative shall have the power of a police officer.

C. The choice of enforcement action and the severity of any penalty should be based on the nature of the violation and the damage or risk to the public or to public resources. The existence or degree of bad faith of the persons subject to the enforcement action, the benefits that accrue to the violator and the cost of obtaining compliance may also be considered. (Ord. 2089 § 10 (part), 2004)

16.36.020 Penalty.

Any person found to have willfully engaged in activities on the city’s shorelines in violation of the Shoreline Management Act of 1971 or in violation of the city’s shoreline master program, rules or regulations adopted pursuant thereto shall be subject to the penalty provisions of SMC 15.06.070 (Civil citation penalties) and SMC 15.06.110 (Criminal penalties). (Ord. 2089 § 10 (part), 2004)

16.36.030 Public and private redress.

Any person subject to the regulatory program of the shoreline master program who violates any provision of the shoreline master program or the provisions of a permit issued pursuant thereto shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to such violation. The city attorney may bring suit for damages under this section on behalf of the city. Private persons shall have the right to bring suit for damages under this section on their own behalf and on behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by violation, the court shall make provisions to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including monetary damages, the court, in its discretion, may award attorneys’ fees and costs of the suit to the prevailing party. (Ord. 2089 § 10 (part), 2004)

16.36.040 Delinquent permit penalty.

A person applying for a permit after commencement of the use or activity may, at the discretion of the city, be required, in addition, to pay a delinquent permit penalty not to exceed three times the appropriate permit fee; provided, that a person who has caused, aided or abetted a violation within two years after the issuance of a regulatory order, notice of violation or penalty by the department or the city against said person may be subject to a delinquent permit penalty not to exceed 10 times the appropriate permit fee. Delinquent permit penalties shall be paid in full prior to resuming the use or activity. (Ord. 2089 § 10 (part), 2004)