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Title 17E
Chapter 17E.060
Section 17E.060.120
 

Title 17E Environmental Standards

Chapter 17E.060 Shoreline Regulations

Article II. Administration: Part II. Administrative Authority and Legal Provisions

Section 17E.060.120 Penalties and Violations
  1. Pursuant to RCW 90.58.210(2) and WAC 173-27-280, any person who fails to conform to the terms of a shoreline substantial development permit, conditional use permit, or variance issued under RCW 90.58.140, who undertakes a use, modification, or development on shorelines of the state within the City without first obtaining appropriate authorization, or who fails to comply with a cease and desist order shall be subject to a civil penalty not to exceed one thousand dollars for each violation. Each permit violation or each day of violation shall constitute a separate violation.
    1. The penalty shall be imposed pursuant to the procedure set forth in chapter 1.05 SMC, Civil Infraction System, and WAC 173-27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4).
    1. Persons incurring a penalty may appeal the same pursuant to WAC 173-27-290(1) and (2) to the hearing examiner.
  1. In addition to incurring civil liability under subsection (A) of this section, pursuant to RCW 90.58.220, any person found to have willfully engaged in activities on shorelines of the state within the City in violation of the provisions of the Act or of these shoreline regulations, or other regulations adopted pursuant thereto, shall be guilty of a gross misdemeanor and shall be punished by a fine of not less than twenty-five nor more than one thousand dollars or by imprisonment in the County jail for not more than ninety days, or by both such fine and imprisonment. The fine for the third and all subsequent violations in any five-year period shall be not less than five hundred or more than ten thousand dollars. Any person found to have willfully violated any court order or a cease and desist order issued pursuant to these shoreline regulations shall be subject to a fine of not more than five thousand dollars, imprisonment in the County jail for not more than ninety days, or both.
  1. Pursuant to RCW 90.58.210(1), the City, where authorized, shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state within the City in conflict with the provisions of this Program, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this SMP.
  1. Pursuant to RCW 90.58.230, any person subject to the regulatory provisions of this SMP or the Act who violates any provision thereof, or permit or permit condition issued pursuant thereto, shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its conditions prior to violation. The city attorney shall bring suit for damages under this section on behalf of the City. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney's fees and costs of the suit to the prevailing party.
  1. Pursuant to WAC 173-27-270, the director shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state within the City is in violation of the Act or SMP, or of any permit issued pursuant thereto. The director shall follow the procedure set forth in WAC 173-27-270 in issuing a cease and desist order.
  1. Enforcement actions pursuant to this section do not preclude the department of ecology (ecology) from engaging in any enforcement actions pursuant to the provisions in WAC 173-27-260 to 173-27-300. Furthermore, ecology may join and assist the City in its enforcement actions.

Date Passed: Monday, November 3, 2008

Effective Date: Monday, July 26, 2010

ORD C34326 Section 2