17.10.155 Enforcement, violations and penalties.
It shall be unlawful for any person, firm, or corporation to violate any provision of this chapter. The director shall have the authority to enforce any and all provisions of this chapter, by proceeding with the following actions in progressive severity, except in cases where a delay would result in further loss and/or degradation of critical areas:
A. Stop Work Orders. For any action which appears to be in violation of this chapter, the director shall have the authority to order the party in question to immediately stop all work until such time as the director determines that the action is in compliance with the terms and conditions of this chapter.
B. Civil Remedies and Penalties. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter may be subject to the following civil penalties:
1. The city may issue a notice and order under Chapter 1.40 LMC stating any person, firm, corporation or association or any agent thereof who violates any of the provisions of this chapter shall be liable for all damages to public or private property arising from such violation, including the cost of restoring the affected area to an equivalent or improved condition prior to the violation, and set a reasonable amount of time for compliance.
2. The city may require restoration. Restoration may include but is not limited to, the replacement of all improperly removed vegetation with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced or improved to the greatest extent reasonably possible. A study by a qualified expert(s) shall be conducted to determine the conditions which were likely to exist prior to the illegal alteration. Restoration may also include installation and maintenance of erosion control measures.
3. In addition to requiring restoration, the city may assess civil penalties as provided in LMC 1.01.085.
4. The city may require a maintenance bond to insure compliance with the city’s order, subject to the bonding procedure established in LMC 17.10.140.
5. If the order requiring restoration is not complied with, then the property owner shall be subject to a civil fine of $1,000 per day.
6. If the noncompliance continues for more than 10 days, civil penalties shall be increased to $2,500 per day up to a maximum of $75,000. Fines shall stop on the day that compliance with the order begins, pending successful completion with the compliance order.
7. Any person who objects to a final order of the city under this section may file an appeal to the hearing examiner using the procedure under Process II in LMC 1.35.200 through 1.35.260.
8. Any unpaid civil fines may become a lien against the property, and the city may record said lien. (Ord. 3193 § 2, 2016)