Chapter 18.33
VIOLATIONS, ENFORCEMENT, AND PENALTIES
Sections:
18.33.020 Financial surety procedure.
18.33.010 General.
A. Site Investigations. The director is authorized to make site inspections and take such actions as are necessary to enforce this title in accordance with Chapters 1.16 and 1.26 BIMC.
B. Violations – General. It is unlawful for any person to initiate or maintain, or cause to be initiated or maintained, the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city contrary to the provisions of this title.
C. Violations – Specific. It is unlawful for any person to:
1. Initiate or maintain, or cause to be initiated or maintained, the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city without first obtaining permits or authorizations required by this title, or in a manner that violates the terms or conditions of such permits or authorizations;
2. Misrepresent any material fact in any application, plans or other information submitted to obtain permits or authorizations under this title; or
3. Remove or deface any sign, notice, complaint, or order required by or posted in accordance with this title.
D. Stop Work Order. The city shall have the authority to issue a stop work order to cease all development work, and order restoration, rehabilitation, or replacement measures, including applicable sureties, at the owner’s or other responsible party’s expense to compensate for the use, construction, placement, removal, alteration, or demolition of any structure, land, vegetation or property within the city contrary to the provisions of this title.
E. Restoration Plan. Any restoration plan shall be submitted by the owner or other responsible party for review by the director. Such a plan shall be prepared by a qualified professional using the best available science. The director may, at the violator’s expense, seek expert advice, including an independent third party review, in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and re-submittal.
F. Civil Infraction. Except as provided in subsection G of this section, conduct made unlawful by the city under this chapter shall constitute a civil infraction and is subject to enforcement and fines as provided in BIMC 1.26.035. A civil infraction under this section shall be processed in the manner set forth in Chapter 1.26 BIMC.
G. Misdemeanor. Any person who again violates this title within 12 months after having been found by the Bainbridge Island Municipal Court to be in violation of this title commits a misdemeanor and any person who is convicted of that violation shall be punished as provided in BIMC 1.24.010.A.
H. Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other available sanction or remedial procedure, any person engaging in conduct made unlawful by this title shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with BIMC 1.26.090.
I. Additional Remedies. In addition to any other remedy provided by this chapter or under the Bainbridge Island Municipal Code, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of this title and/or to restore a condition that existed prior to the violation. In any such proceeding, the person violating and/or failing to comply with any provisions of this title shall be liable for the costs and reasonable attor
neys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.
J. Conflicts. In the event and to the extent the language of this section conflicts with language of the codes and/or appendices adopted by reference in BIMC Title 18, the language of this section shall prevail over the language it conflicts with in any said code and/or appendix. (Ord. 2011-02 § 2 (Exh. A), 2011)
18.33.020 Financial surety procedure.
After reviewing any application for a land use or a zoning matter, the reviewing official or body may provide for the posting of a financial surety to ensure continued compliance with any conditions imposed, including the construction of improvements, the adherence to city standards, and/or maintenance, repair or replacement of such improvements. The financial surety shall be in a form acceptable to the city attorney. In the event a condition occurs warranting the use of financial surety, the appropriate administrator may act under such financial surety or may perform the work required at city expense, which expense shall be a lien against the property, enforceable as would be a judgment thereon. (Ord. 2011-02 § 2 (Exh. A), 2011)