Chapter 19.35
CIVIL FINES AND CIVIL PENALTIES
Sections:
19.35.010 Assessment schedule.
19.35.030 Civil penalty – Critical areas.
19.35.060 Suspension, revocation or limitation of permit.
19.35.010 Assessment schedule.
A. Civil fines and civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice of infraction, stop work order or voluntary compliance agreement.
B. The maximum monetary penalty for each separate violation per day or portion thereof shall be as follows:
1. First day of each violation: $100.00 fine; $105.00 PSEA; total $205.00.
2. Second day of each violation: $200.00 fine; $210.00 PSEA; total $410.00.
3. Third day of each violation: $300.00 fine; $315.00 PSEA; total $615.00.
4. Fourth day of each violation: $400.00 fine; $420.00 PSEA; total $820.00.
5. Each additional day of each violation beyond four days: $500.00; $525.00 PSEA; $1,025 total per day.
6. State statutory assessments including those set forth in the Revised Code of Washington, as now or hereafter amended and adopted herein by this reference or elsewhere, in addition to the monetary penalties outlined in this chapter shall also be assessed.
C. The director or the Mount Vernon municipal court may suspend civil penalties if the person responsible for the code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled, or not pursued or if corrective action identified in the voluntary compliance agreement is not completed as specified. (Ord. 3654 § 2, 2015).
19.35.020 Duty to comply.
Persons responsible for the code violation have a duty to notify the director of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for code compliance has come into compliance with the notice of violation, notice of infraction, voluntary compliance agreement, or stop work order and has notified the director of this compliance. (Ord. 3440 § 1, 2008).
19.35.030 Civil penalty – Critical areas.
A. The code compliance provisions for critical areas are intended to encourage compliance with Chapter 15.40 MVMC, to protect critical areas and the general public from harm and to further the remedial purposes of this title. To achieve this, persons responsible for the code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreation, and economic values lost or damaged due to their unlawful action.
B. The provisions in this section are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law for other related violations.
C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice of infraction. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in Chapter 15.40 MVMC the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed.
D. For the purposes of this section, violation of the city’s critical area ordinance means:
1. The violation of any provision of Chapter 15.40 MVMC or of the administrative rules promulgated thereunder;
2. The failure to obtain a permit required for work in a critical area; or
3. The failure to comply with the conditions of any permit, approval, terms and conditions of any critical area tract or setback area, easement or other covenant, plat restriction, binding assurance, notice and order, stop work order, mitigation plan, contract, or agreement issued or concluded pursuant to the above-mentioned provisions.
E. Any person in violation of a critical areas ordinance may be subject to civil penalties, costs, and fees assessed as follows:
1. According to the civil penalty schedule included in this chapter of this title; or
2. The greater of:
a. An amount determined to be equivalent to the economic benefit that the person responsible for the code violation derives from the violation measured as the total of:
i. The resulting increase in market value of the property;
ii. The value received by the person responsible for the code violation; and
iii. The savings of construction costs realized by the person responsible for the code violation as a result of performing any act in violation of this chapter; or
b. Code compliance costs (such amount not to exceed $50,000) incurred by the city to enforce Chapter 15.40 MVMC against the person responsible for the code violation. (Ord. 3440 § 1, 2008).
19.35.040 Separate offenses.
For enforcement purposes, each day, defined as the 24-hour period beginning at 12:01 a.m., in which a violation of this chapter occurs, shall constitute a separate violation. (Ord. 3440 § 1, 2008).
19.35.050 Remedies.
A. Subject to the appeal provisions in MVMC 19.15.030 and 19.15.040, and Chapter 7.80 RCW, a notice of violation and order or civil infraction citation represents a determination that a civil code violation has occurred, the cited party is a person responsible for the code violation, and that the violations set out in the notice of violation and order or civil infraction will subject the person responsible for the civil code violation the assessment of penalties and costs and all other legal or equitable means available including:
1. Civil penalties and costs;
2. A requirement that abatement, remediation and /or mitigation be performed;
3. Permit suspension, revocation, modification, and/or denial as prescribed by this chapter;
4. Abatement by the director and recovery of the costs of abatement according to the procedures described by this title.
B. Payment of a monetary penalty pursuant to this chapter does not relieve the person to whom a notice of violation or civil infraction was issued of the duty to correct the violation.
C. The city is authorized to take a lien for the value of civil penalties imposed against the real property of the person responsible for the code violation pursuant to Chapter 19.45 MVMC. The city attorney on behalf of the city may collect the civil penalties assessed by any appropriate legal means.
D. Community Service. The court, director or hearing examiner is authorized to allow a person responsible for the civil code violation who accumulates civil penalties as the result of a notice of violation and order or civil infraction to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties with the exception to administration, court costs, or costs incurred by the city to abate a condition caused by the civil code violation. Community service may include, but is not limited to, abatement, restoration or education programs. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator and shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties.
E. Cost Recovery. In addition to other remedies available under this title, the person responsible for the civil code violation shall be liable for all costs of pursuing abatement incurred to correct a code violation, including legal and incidental expenses. Such costs are due and payable 30 days from mailing of the invoice.
1. For purposes of this section, “legal and incidental expenses” shall include but are not limited to:
a. Personnel costs, both direct and indirect, including attorney’s fees and costs incurred to document the violation as soon as the violation occurs;
b. Hauling, storage and disposal expenses;
c. Actual expenses and costs of the city in preparing notices, specifications and contracts and in accomplishing or contracting and inspecting the work and the costs of any required printing or mailing.
2. All costs assessed by the city in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for the civil code violation. The city attorney on behalf of the city may collect the costs of code compliance efforts by any appropriate legal means.
3. The city of Mount Vernon may take a lien for the value of the costs of pursuing code compliance against the real property of the person responsible for the civil code violation pursuant to Chapter 19.45 MVMC. (Ord. 3440 § 1, 2008).
19.35.060 Suspension, revocation or limitation of permit.
A. The director may suspend, revoke or limit any permit issued by such director whenever:
1. The permit holder has committed a code violation in the course of performing activities subject to that permit;
2. The permit holder has interfered with the director in the performance of his or her duties relating to that permit;
3. The permit was issued in error or on the basis of materially incorrect information supplied to the city;
4. Permit fees or costs were paid to the city by check and returned from a financial institution marked nonsufficient funds (NSF) or canceled; or
5. For a permit or approval that is subject to critical area review, the applicant has failed to disclose a change of circumstances on the development proposal site that materially affects an applicant’s ability to meet the permit or approval conditions or which makes inaccurate the critical area study that was the basis for establishing permit or approval conditions.
B. Notice of such suspension, revocation, or modification shall be sent in the same manner as set forth in MVMC 19.15.020 for a notice of violation. Such revocation, suspension, or cancellation of a permit may be appealed using those procedures set forth in MVMC 19.15.030 and 19.15.040.
C. Notwithstanding any other provision of this title, a director may immediately suspend operations under any permit by issuing a stop work order pursuant to Chapter 19.30 MVMC. (Ord. 3440 § 1, 2008).