Chapter 19.140 CIVIL PENALTIES

Chapter 19.140
CIVIL PENALTIES

Sections:

19.140.015 Mitigation for unlawful tree removal.

19.140.010 Assessment schedule.

Code Enforcement Penalties
Noncompliance with a Notice and Order or VCA	$250
Stop Work Order	up to $500
Infraction	up to $500
Environmental Damage/Critical Areas Violations	Up to $25,000 plus the cost of restoration
Unlawful Tree Removal or Damage	$1,000 per inch of diameter at breast height of tree removed or damaged plus the cost of mitigation
Illegally Placed Sign on Public Property in the Right-of-Way	$25 per sign

(1) Monetary Penalty for Noncompliance. A monetary penalty shall accrue for each day or portion thereof that each violation continues beyond the date for compliance set in a notice and order or any hearing examiner’s decision. Unless a different penalty amount for a given violation is expressly authorized or required by a more specific city code provision, the maximum penalty and the default amount shall be $250.00, not including fees, costs, and assessments.

(2) Penalty for Failure to Comply with VCA. The penalties assessed pursuant to this chapter for failure to comply with the terms of a VCA are based on the number of days of noncompliance, dating back to the date of the initial violation.

(3) Penalty for Failure to Comply with Stop Work Order. Penalties based on violation of a stop work order shall be assessed, according to this title, for each day the code enforcement officer determines that work or activity was done in violation of the stop work order.

(4) Penalty for Infractions. Unless a different penalty amount for a given violation is expressly authorized or required by a more specific city code provision, the maximum penalty and the default amount shall be $500.00.

(5) Penalty for Violation of Critical Areas Ordinance. In addition to the other penalties provided for in this chapter, any person responsible for a violation of Chapter 18.36 NPMC, except damage to or removal of a tree in violation of NPMC 18.36.100(3)(e), may be jointly and severally liable for site restoration for the redress of ecological, recreation, and economic values lost or damaged and shall pay a civil penalty up to $25,000 plus restoration, based upon the severity of the violation as documented in the city’s file.

For the purposes of this subsection, a violation of the critical areas ordinance means: the violation of any provision of Chapter 18.36 NPMC other than damage to or removal of a tree in violation of NPMC 18.36.100(3)(e); the failure to obtain a permit required for work in a critical area; 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, or binding assurance or any notice and order, stop work order, mitigation plan, contract or other agreement.

(6) Penalty for Unlawful Tree Damage or Removal. Any person responsible for damage to or removal of a tree in violation of NPMC 10.48.010(1)(d) or 18.36.100(3)(e) shall be jointly and severally liable for mitigation as described in NPMC 19.140.015 and shall pay a civil penalty of $1,000 per inch of diameter at breast height of tree removed or damaged.

(7) The civil penalties in this chapter are in addition to, and not in lieu of, any other penalties, sanctions, restitution, or fines provided for in any other provisions of law. (Ord. 1005 § 2 (Exh. A), 2021).

19.140.015 Mitigation for unlawful tree removal.

(1) In addition to the monetary penalty outlined in NPMC 19.140.010, any tree damaged or removed in violation of NPMC 10.48.010(1)(d) or 18.36.100(3)(e) shall be subject to replacement. For the purpose of code enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump. Mitigation measures shall comply with the standards as follows:

DBH of Tree Removed	Number of Replacement Trees
4" to 6" (single trunk) or 2" (any one trunk of a multiple trunk tree)	3
6" to 8"	4
8" to 20"	6
Over 20"	8

(a) Minimum size of each replacement tree shall be a five-gallon container for deciduous trees, six to eight feet in height for coniferous and broadleaf evergreen trees.

(b) In the case of deciduous trees that readily coppice, replacement may be waived by the city manager if the tree is appropriately maintained to promote regrowth.

(d) The code enforcement official may agree upon alternate mitigation in the event that tree replacement at the ratios set forth in the table is not feasible on the property on which the violation was committed. In such a case, the code enforcement official may accept a fee in lieu of replacement in the amount of up to $750.00 for each replacement tree not planted. All monies collected as fees in lieu of replacement shall be placed in a fund by the city and used for the planting of trees in the city. (Ord. 1005 § 2 (Exh. A), 2021).

19.140.020 Collection of penalties.

(1) Personal Obligation. The monetary penalty constitutes a personal obligation of the person to whom a notice of civil infraction or notice and order is directed. Any monetary penalty assessed must be paid to the city within 10 calendar days from the date of mailing of the court’s decision, hearing examiner’s decision, or a notice from the city that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property. The city attorney is authorized to take all actions available to collect the monetary penalty.

(2) Lien Authorized. The city shall have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the abatement work was performed, or both. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall be on parity.

(3) Recorded. The city shall cause a claim for lien to be filed for record within 90 days from the later of the date that the monetary penalty is due, or the date the work is completed, or the violation abated.

(4) Claim of Lien. The claim of lien shall contain sufficient information regarding the civil violation, as determined by the city, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(5) Any such claim of lien shall be verified by the city and may be amended from time to time to reflect changed conditions. (Ord. 1005 § 2 (Exh. A), 2021).