Chapter 23.100
CIVIL PENALTIES

Sections:

23.100.010    Assessment schedule.

23.100.015    Mitigation for unlawful tree removal.

23.100.020    Waivers.

23.100.010 Assessment schedule.

Code Enforcement Penalties:

Infraction

up to $500

Stop Work Order

up to $500

Noncompliance:

1 – 15 days

$100 up to $250 per day

16 – 31 days

$250 up to $500 per day

31+ days

$500 up to $1,000 per day (up to $50,000 maximum)

Environmental Damage/Critical Areas Violations:

Up to $25,000 plus the cost of restoration

Unlawful Tree Removal or Damage:

$1,500 per inch of diameter at breast height of tree removed or damaged

$25 fee per sign illegally placed on public property or in the City’s right-of-way.

(1) Civil fines and civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each type of violation identified in a notice and order, VCA, stop work order, or infraction pursuant to this chapter.

(2) 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) Penalties based on violation of a stop work order shall be assessed, according to this chapter, for each day the director determines that work or activity was done in violation of the stop work order.

(4) Infractions shall be subject to a one-time civil penalty as set forth in this chapter.

(5) Payment of a monetary penalty does not relieve the person responsible to whom the notice was issued of the duty to correct the violation.

(6) In addition to the other penalties provided for in this chapter, any person responsible for a violation of Chapter 21A.50 SMC 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 21A.50 SMC; or the failure to obtain a permit required for work in a critical area; or 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.

(7) Any person responsible for damage to or removal of a tree in violation of Chapter 21A.37 SMC shall be jointly and severally liable for mitigation as described in SMC 23.100.015 and shall pay a civil penalty of $1,500 per inch of diameter at breast height of tree removed or damaged.

(8) 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. O2017-436 (Att. A); Ord. O2016-408 § 1 (Att. A); Ord. O2015-395 § 4 (Att. B); Ord. O2011-302 §2 (Att. A))

23.100.015 Mitigation for unlawful tree removal.

(1) In addition to the monetary penalty outlined in SMC 23.100.010, any tree damaged or removed in violation of Chapter 21A.37 SMC 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 must comply with the standards specified in SMC 21A.37.280, Tree replacement standards, except that the number of replacement trees for significant trees removed or damaged shall be as follows:

(a) Removed or damaged coniferous trees with a DBH equal to or greater than eight inches up to 12 inches shall be replaced by four trees;

(b) Removed or damaged trees with a DBH equal to or greater than 12 inches up to 16 inches shall be replaced by six trees; and

(c) Removed or damaged trees with a DBH of 16 inches or more shall be replaced by eight trees. (Ord. O2015-395 § 4 (Att. B))

23.100.020 Waivers.

(1) Civil fines and civil penalties, in whole or in part, may be waived or reimbursed to the payer by the director, with the concurrence of the finance director, under the following circumstances:

(a) The notice and order, stop work order, or infraction was issued in error;

(b) The civil fines or civil penalties were assessed in error;

(c) Notice failed to reach the person responsible due to unusual circumstances;

(d) The code violations have been corrected under a VCA;

(e) The code violations which formed the basis for the civil penalties have been corrected, and the director finds that compelling reasons justify waiver of all or part of the outstanding civil penalties; or

(f) Other extraordinary information warranting waiver has been presented to the director since the notice and order, stop work order or infraction was issued.

(2) The director shall document the circumstances under which a decision was made to waive penalties. (Ord. O2015-395 § 4 (Att. B); Ord. O2011-302 §2 (Att. A))