Chapter 20.94 ENFORCEMENT AND PENALTIES

Chapter 20.94
ENFORCEMENT AND PENALTIES

Sections:

20.94.010 Enforcement and penalties.

20.94.020 Consequences of violations.

20.94.010 Enforcement and penalties.

With the exception of violations subject to WCC 20.94.020 and 20.94.200, violations of this title shall constitute Class 1 civil infractions pursuant to RCW 7.80.120. The maximum penalty and the default amount for such violations shall be consistent with Chapter 7.80 RCW. All violations shall be heard and determined in accordance with the system established in Chapter 7.80 RCW. Employees of the Whatcom County department of planning and development services, or its successor agency, if any there be, as well as all others who are otherwise authorized to enforce ordinances of this county, are hereby authorized to enforce the provisions of this title, consistent with the provisions of Chapter 7.80 RCW.

After having been found to have committed two successive infractions for violations of the same provision of this title on the same property, any person, firm, company or corporation who continues to violate this title in the same manner on the same property shall be subject to criminal penalties including a fine of not more than $500.00, together with costs of action, and imprisonment in the county jail for a period of not more than six months.

In addition to the civil and criminal remedies provided for above, the county or the owner or owners of land affected by violations of the provisions of this title may bring such injunctive, declaratory or other actions as deemed necessary to ensure that violations are prevented or cease, and to otherwise enforce the provisions of this title. (Ord. 96-013 § 1, 1996; Ord. 94-005, 1994; Ord. 93-056, 1993).

20.94.020 Consequences of violations.

(1) Any person, firm, or corporation who violates the provisions of this ordinance with respect to surface mining activity shall be guilty of a civil offense, and shall be fined a sum not to exceed $1,000 for each offense. Each day of site work in conjunction with the violation(s) shall constitute a separate offense.

(2) The penalty provided in the above section shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service to the person, firm, or corporation incurring the same from the county. The notice shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the acts or acts constituting the violation or violations to cease and desist or, in appropriate cases, requiring necessary corrective action to be taken within a specific and reasonable time.

(3) Within 30 days after the notice is received, the person incurring the penalty may apply in writing to the administrator for remission or mitigation of such penalty. Upon receipt of the application, the administrator may remit or mitigate the penalty upon whatever terms the department in its discretion deems proper. The administrator’s final decision on mitigation or revision shall be reviewed by the hearing examiner if the aggrieved party files a written appeal therewith of said decision within 10 days of its issuance.

(4) The prosecuting attorney may enforce compliance with this ordinance by such injunctive, declaratory or other actions as deemed necessary to ensure that violations are prevented, ceased, or abated.

(5) In the event any person, firm or corporation violates any of the provisions of this ordinance with respect to surface mining activity, the administrator shall issue a notice of violation to be delivered to the owner, operator, or be conspicuously posted at the site and order all work to cease until authorized to proceed. Failure to comply with the order to stop work shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500.00 up to a maximum fine of $1,000 or one year in jail, or both. Under no circumstance may the court defer or suspend any portion of the minimum $500.00 fine for any conviction under this section. Each day or part thereof of noncompliance with said order to stop work shall constitute a separate offense. (Ord. 92-079, 1992).

20.94.200 Clearing.

(1) Purpose. The purpose of this section is to insure that regulations and standards relating to land clearing activity are complied with. In doing so the intent is to penalize intentional and repeat acts of noncompliance sufficient to reduce the number of these illegal acts while providing opportunities for remission of penalties for the first time offender.

(2) Offense and Penalty. Any person who engages in or is responsible for a land clearing activity, and:

(a) Fails to obtain a project permit or authorization when required pursuant to WCC 20.80.730; or

(b) Fails to comply with any permit condition required pursuant to WCC 20.80.730; or

shall be guilty of a civil offense and may be fined a sum not to exceed $1,000 for the first offense. The amount fined shall be referred to as the penalty. Criteria for administratively determining the assessed penalty shall be established in the Whatcom County Development Standards. These standards shall also provide clear administrative procedure for enforcement of the provisions established in WCC 20.94.200.

(3) Length of Offense. Each day or portion thereof of land clearing activity in conjunction with any of the above violations shall constitute a separate offense. An offense shall begin on the date that a notice of violation has been issued.

(4) Notice of Violation and Stop Work Order. In the event any person violates any of the provisions of this section, the county shall issue a notice of violation to be delivered to the owner or the owner’s agent, and to be conspicuously posted at the site, and may order all work to cease until authorized to proceed. Failure to comply with the order to stop work shall be a gross misdemeanor punishable upon conviction by a minimum fine of $500.00 up to a maximum fine of $1,000 or one year in jail, or both. Under no circumstance may the court defer or suspend any portion of the minimum $500.00 fine for any conviction under this section. Each day or part thereof of noncompliance with said order to stop work shall constitute a separate offense.

(5) Notice of Penalty. The penalty provided in this section shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service to the person, incurring the same. The notice of penalty shall include the amount of the penalty imposed and shall describe the violation with reasonable particularity in ordering the act or acts constituting the violation or violations to cease and desist.

(6) Restoration or Mitigation. If the land clearing activity has occurred on a site in violation of this section, prompt corrective action, restoration or mitigation of the site will be required when appropriate. If this provision is not complied with, the county may restore or mitigate the site and charge the responsible person for the full cost of such an activity.

(7) Penalties. Penalties and fines shall be identified and clarified in the following manner:

(a) First Offense. Any person who commits only one offense within a five-year period of time is guilty of a first offense.

(b) Repeat Offense. Any person who commits an offense subsequent to a first offense shall be guilty of a repeat offense regardless of the location or the type of offense set forth in subsections (2)(a), (b), and (c) of this section.

(c) Penalty for Repeat Offenses. Repeat offenses shall receive a penalty that equals the sum of the fines for the first offense and all subsequent fines multiplied by a number corresponding to the amount of offenses committed. Repeat offenses will be added to this formula until a five-year period passes without an offense.

(8) Remission of Fines. Within 20 days after the notice is received, the person incurring the penalty may apply in writing to the county for remission or mitigation of such penalty. Upon receipt of the application, the county may remit or mitigate the penalty upon whatever terms the county in its discretion deems proper. The county’s final decision on mitigation or revision shall be reviewed by the hearing examiner if the aggrieved party files a written appeal pursuant to WCC 20.84.240.

(9) Authority of Prosecuting Attorney. The prosecuting attorney may enforce compliance with this section by such injunctive, declaratory, or other actions as deemed necessary to insure that violations are prevented, ceased, or abated.

(10) Appeals. Appeals of administrative decisions may be made pursuant to WCC 20.84.240. Appeals on technical issues established in the Whatcom County Development Standards shall be made pursuant to WCC 12.08.035(1). (Ord. 96-056 Att. A § A2, 1996; Ord. 96-013 § 1, 1996).