Chapter 18.40
ENFORCEMENT AND PENALTIES
Sections:
18.40.010 Shoreline Management Act violations and penalties.
18.40.020 Enforcement responsibilities generally.
18.40.030 Enforcement responsibilities – Chapter 18.50 GMC, flood hazard permits.
18.40.010 Shoreline Management Act violations and penalties.
Penalties and procedures pertaining to violations of Chapter 90.58 RCW, Shoreline Management Act, shall be governed by the provisions of RCW 90.58.030, Definitions; RCW 90.58.210, Civil penalty – Review; RCW 90.58.220, General penalty; RCW 90.58.230, Violators liable for damages resulting from violation – Attorney’s fees and costs; and WAC 173-27-240, Authority and purpose, and shall supersede the provisions of GMC 18.40.020 and 18.40.040. (Ord. 2008-12 § 1 (Exh. A (18.04.01)), 2008).
18.40.020 Enforcement responsibilities generally.
It shall be the duty of the administrative official or his designee to enforce the provisions of the shoreline master program pertaining to all development within the jurisdiction of this division, except as expressly noted in GMC 18.40.030 pertaining to flood hazard permits. Whenever any development is found to be in violation of this division or a development authorization issued pursuant to this division, the administrative official or his designee may order any work on such development stopped by serving written notice on any person engaged in the wrongdoing or causing such development to be done. The notice shall be in the form of a “cease and desist” order and shall indicate corrective actions necessary to fulfill authorization conditions and/or terms of this division and the time within which such corrections shall occur. No further development shall be authorized unless and until compliance with the development authorization conditions and/or terms of this division has been achieved to the satisfaction of the administrative official. (Ord. 2008-12 § 1 (Exh. A (18.04.02)), 2008).
18.40.030 Enforcement responsibilities – Chapter 18.50 GMC, flood hazard permits.
It shall be the duty of the chief building official or his designee to enforce the provisions of Chapter 18.50 GMC. Whenever any development is found to be in violation of said chapters or a permit issued pursuant to said chapters, the chief building official may order any work on such development stopped by serving written notice on any persons engaged in the doing or causing such development or substantial development to be done. Any such persons shall forthwith stop such work until authorized by the chief building official to proceed with the work. (Ord. 2008-12 § 1 (Exh. A (18.04.03)), 2008).
18.40.040 Penalties.
A. Violation of the provisions of this division or failure to comply with any of its requirements constitutes a misdemeanor and a public nuisance. Any person who violates or fails to comply with any of its requirements shall, upon conviction in a court of competent jurisdiction, be fined not more than $1,000 or be imprisoned for not more than 90 days, or both, and in addition shall pay all costs and expenses involved in the case. Each day such violation continues shall be considered a separate offense; however, no additional action will be initiated pending the disposition of any previous suit or complaint.
B. It shall be the affirmative duty of the city attorney to seek relief under this section for violations of this division.
C. Nothing herein shall prevent the city attorney from taking such other lawful action, legal and/or equitable, as is necessary to prevent or remedy any violation.
D. In addition to any criminal proceedings brought to enforce this division and in addition to any fine or imprisonment provided for therein, continuing violations of this division may be enjoined or ordered abated in a civil proceeding for injunction or for abatement. For purposes of abatement actions, such violations are declared to be public nuisances. Any person, firm, or corporation violating the provisions of this division shall be liable for all costs of such proceedings, including reasonable attorney’s fees and expenses of abatement. The provisions of this subsection are in addition to any other remedies available at law or equity. (Ord. 2008-12 § 1 (Exh. A (18.04.04)), 2008).