13.40.170 Penalties.
When a violation of this chapter has been committed, the following penalties may be assessed:
A. Corrective Actions. The director shall have the authority to require any and all of the following corrective actions in order to gain compliance with this chapter:
1. Cease and desist or stop work order;
2. Elimination of illicit connection;
3. Abatement of any and all contaminants;
4. Implementation of source control or treatment BMPs;
5. Restoration of affected property, waterway, or conveyance;
6. Other actions deemed necessary by the director.
B. Abatement by City.
1. City Action. If the violation has not been corrected pursuant to the requirements set forth in the notice of corrective action, the city may enter upon the subject premises and is authorized to take any and all measures necessary to abate the violation. It shall be unlawful for any person, owner, agent or person in possession of any premises to refuse to allow the city or designated contractor to enter upon the premises for the purposes set forth above and the city may pursue any lawful remedy at its disposal.
2. Recovering Cost of Abatement. Should a person be found in violation of this chapter, the city shall be entitled to recover all abatement costs, personnel expenses, sampling and monitoring costs, attorney’s fees, court costs and other administrative expenses associated with enforcement hereof.
C. Civil Penalties. Any person found to be in violation of this chapter may be subject to civil penalties. Civil penalties shall constitute a personal obligation of the person against whom the penalties were imposed. An assessed civil penalty must be paid to the office of the finance director, city of Lynnwood. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction, or right of action provided by the law.
1. Daily Fines. These fines shall be cumulative, accrue daily until the required corrective action is taken, and be assessed as follows:
a. First day: $100.00 for each violation.
b. Second day: $200.00 for each violation.
c. Third day: $300.00 for each violation.
d. Fourth day: $400.00 for each violation.
e. Each additional day: $500.00 for each violation.
2. Economic Benefit. The director may assess a civil penalty equivalent to the economic benefit the violator derives from the violation. The value of the assessed penalty shall be documented, and shall be based on the greater of: the resulting increase in value of the property or business received by the violator for not complying with this chapter; or the savings of construction or retrofit costs realized by the violator for not complying with this chapter.
3. Use of Collection Agency Authorized. The city, in its sole and exclusive discretion, may retain a collection agency to collect any and all fines assessed under this chapter. When a collection agency is used, fines will be collected at a rate of 150 percent pursuant to RCW 19.16.500.
D. Criminal Penalties. Any person found to be in violation of this chapter may be subject to criminal penalties, as prescribed by state law, RCW 90.48.140. (Ord. 3443 § 1, 2023; Ord. 2833 § 2, 2010)