13.40.160 Enforcement.
The director shall have the authority to enforce any and all provisions of this chapter. A progressive approach is typically implemented to assist businesses and other entities, persons, and residents in achieving and maintaining compliance with this chapter. This approach emphasizes outreach, education, and technical assistance before taking further enforcement actions or assessment penalties, unless a flagrant, serious, or purposeful violation has occurred.
A. Public Nuisance. Any violation of any provision of this chapter is a threat to public health, safety, and welfare, and is declared and deemed a public nuisance, and is subject to the terms and provisions of the code enforcement chapter of the Lynnwood Municipal Code (Chapter 1.40 LMC).
B. Progressive Enforcement. When a violation of this chapter has been committed, the director may use an escalating method of progressive severity to gain compliance; however, the director may take any enforcement action without regard to precedence, or any available legal recourse provided by law, to eliminate or end an emergency. Escalating enforcement actions shall be taken in the following order of precedence:
1. First Violation. Verbal and written notice to cease and desist activity, which may include outreach, education, and technical assistance on addressing the current illicit discharge and preventing further illicit discharges.
2. Second Violation. Written notice to cease and desist activity, and notice of violation and order of corrective action.
3. Third Violation. Written notice to cease and desist activity, and citation for civil infraction shall be issued in accordance with the provisions of Chapter 1.40 LMC.
4. Fourth Violation. Written notice to cease and desist activity, citation for civil infraction, and order assessing civil penalties shall be issued in accordance with the provisions of Chapter 1.40 LMC.
5. Fifth Violation and Thereafter. Written notice to cease and desist activity, citation for civil infraction, and order assessing civil penalties shall be issued in accordance with the provisions of Chapter 1.40 LMC, and pursuit of criminal charges. (Ord. 3443 § 1, 2023; Ord. 2833 § 2, 2010)