Chapter 20.65
ENFORCEMENT
Sections:
20.65.010 Violations and penalties.
20.65.070 References to plans, regulations, information sources.
20.65.010 Violations and penalties.
A. Any permit may be the subject of a stop work order by the City in accordance with the procedure specified in Chapters 1.12 and 20.15 FMC.
B. Any permit may be rescinded by the City in accordance with the procedure specified in FMC 20.15.110 and Chapter 1.12 FMC.
C. Enforcement procedures and the penalties resulting from violations of this chapter shall be administered pursuant to Chapter 1.12 FMC.
D. In addition to its enforcement authority under Chapter 1.12 FMC, the City of Ferndale shall have the right to bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state in conflict with the provisions of this title and of the Shoreline Management Act, and to otherwise enforce their provisions.
E. In addition to incurring civil liability under subsection (F) of this section, any person found to have willfully engaged in activities on the shorelines in violation of the provision of the Shoreline Management Act or this title shall be guilty of a gross misdemeanor and shall be punished in accordance with RCW 90.58.220.
F. Any person subject to the regulatory program of the Shoreline Management Act or this title who violates any provision of the Act or this title or permit issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its condition prior to violation. The State Attorney General or City Attorney shall bring suit for damages under this section on their behalf and on behalf of all persons similarly situated. Private persons shall have the right to bring suit for damages under this section on their behalf and on the behalf of all persons similarly situated. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provisions to ensure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorneys’ fees and costs of the suit to the prevailing party. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.020 Remedies.
A. In addition to the enforcement authority granted by Chapter 1.12 FMC, the City Attorney, or Administrator, where authorized, shall have the right to bring such injunctive, declaratory, or other actions as are necessary to ensure that no uses are made of the shorelines of the state located within the City of Ferndale in conflict with the provisions of this title, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this title.
B. The Administrator shall have the authority to serve upon a person a stop work order if an activity being undertaken on shorelines of the state is in violation of Chapter 90.58 RCW or this title, or of any permit issued pursuant thereto. The Administrator shall follow the procedure set forth in WAC 173-27-270 in issuing a stop work order.
C. A person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state without first obtaining a permit, or who fails to comply with a stop work order may be subject to a civil penalty. The penalty shall be imposed pursuant to the procedure set forth in WAC 173-27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a penalty may appeal the same to the City Council pursuant to WAC 173-27-290(1) and (2). (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.030 Abatement.
Structures or development on shorelines considered by the Administrator to present a hazard or other public nuisance to persons, properties or natural features may be abated by the City under the provisions of the International Property Maintenance Code or by other appropriate means. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.040 Severability.
If any section, subsection, or provision of this title, or its application to any person or circumstances, is held invalid, the remainder of this title, or the application of the provision to other persons or circumstances, shall not be affected. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.050 Effective date.
This title and all amendments thereto shall become effective immediately upon final approval by the Department of Ecology. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.060 Amended program.
The amendment and renumbering of this title into the Ferndale Municipal Code shall not release any person from full compliance with the terms and conditions of any permit or approval previously granted by the City. Where preexisting permit conditions specify compliance with certain provisions of the title, the equivalent provisions of the revised title shall apply. The Administrator shall determine which sections apply where interpretation is necessary. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.070 References to plans, regulations, information sources.
Where this title makes reference to any RCW, WAC, or other state, local, or federal law or regulation, or to any source of information, the most recent amendment or current edition shall apply. (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)
20.65.080 Property rights.
The City of Ferndale adopts the recommended process for evaluating constitutional principles when undertaking land use planning and permitting activities as outlined in the State of Washington “December 2003, Advisory Memorandum: Avoiding Unconstitutional Takings of Private Property.” (Ord. 2252 § 1 (Exh. A), 2024; Ord. 2251 § 1 (Exh. A), 2024)