Chapter 12
Enforcement and Penalties
SECTIONS:
12.3 Violations – Subsequent Development and Building Permits.
12.4 Public and Private Redress
12.5 Delinquent Permit Penalty
12.1 Enforcement
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12.1.1 |
The provisions of Chapter 20.10 PTMC Land Use Administration and Enforcement shall apply to this chapter in addition to the enforcement provisions of RCW 58.17 and WAC 173-27-240 through 173-27-310. |
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12.1.2 |
The Shoreline Administrator and/or a designated representative shall enforce all provisions of the Master Program. The Shoreline Management Act calls for a cooperative enforcement program between local and state government. It provides for both civil and criminal penalties, orders to cease and desist, orders to take corrective action and permit rescission. 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. |
12.2 Penalties
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 Master Program, rules or regulations adopted pursuant thereto shall be subject to the penalty provisions of PTMC 20.10.070 (Civil penalties - Schedules) and 20.10.060 (Criminal penalty).
12.3 Violations – Subsequent Development and Building Permits
No building permit or other development permit shall be issued for any parcel of land developed or divided in violation of this Master Program. All purchasers or transferees of property shall comply with provisions of the Act and this Master Program and each purchaser or transferee may recover damages from any person, firm, corporation, or agent selling, transferring, or leasing land in violation of the Act or this Master Program including any amount reasonably spent as a result of inability to obtain any development permit and spent to conform to the requirements of the Act or this Master Program as well as costs of investigation, suit, and reasonable attorney’s fees occasioned thereby. Such purchaser, transferee, or lessor, as an alternative to conforming their property to these requirements, may rescind the sale, transfer, or lease and recover costs of investigation, litigation and reasonable attorney’s fees occasioned thereby from the violator.
12.4 Public and Private Redress
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12.4.1 |
Any person subject to the regulatory program of the Master Program who violates any provision of the 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. |
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12.4.2 |
The City attorney may bring suit for damages under this section on behalf of the City. Nothing in this section precludes private persons from bringing suit for damages on their own behalf. 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. |
12.5 Fees for Permits Obtained After Development
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12.5.1 |
Triple fees for permits obtained after development. Permits obtained following, rather than prior to, the establishment of a development or use shall be three (3) times the normal amount. This provision is in addition to the enforcement measures contained in this chapter and in PTMC Chapter 20.10. |
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12.5.2 |
Delinquent Permit penalties shall be paid in full prior to resuming the use or activity. |