Chapter 17.60 CIVIL PENALTIES

Chapter 17.60
CIVIL PENALTIES

Sections:

17.60.020 Mitigation for Unlawful Tree Removal

17.60.010 Assessment Schedule.

Code Enforcement Penalties
Noncompliance with NOV	NOV see subsection (a) below for initial violations and subsection (b) below for repeat violations.
Noncompliance with VCA	$250.00
Noncompliance with Emergency Order	$250.00
Infraction	$250.00
Environmental Damage/Critical Areas Violations	Up to $25,000 plus the cost of restoration
Unlawful Tree Removal or Damage	$1,000 per inch of diameter at breast height of tree removed or damaged plus the cost of mitigation

(a) Monetary Penalty for Noncompliance with NOV. A $100.00 penalty shall be assessed upon issuance of a notice of violation. The Code Enforcement Officer may waive the $100.00 penalty if corrective action is completed by the first date for compliance specified in the notice of violation. If corrective action is not completed by the first date specified in the notice of violation, the $100.00 penalty shall remain in effect. The notice of violation shall contain a second date for compliance. If the corrective action is not completed by the second date, the penalty shall increase to $250.00. The notice of violation shall contain a third deadline for compliance. If the corrective action is not completed by the third deadline, the penalty shall increase to $500.00. The penalties associated with the third deadline shall accumulate for each day beyond the third deadline until compliance with the notice of violation is achieved.

(b) Penalty for Repeat Violations. A $500.00 penalty shall be assessed upon issuance of a notice of violation for a repeat violation and shall accrue pursuant to subsection (h) of this section.

(c) Penalty for Failure to Comply with VCA. The penalties assessed pursuant to this chapter for failure to comply with the terms of a VCA are based on the number of violations, per number of days of noncompliance, dating back to the date of the initial violation.

(d) Penalty for Failure to Comply with an Emergency Order. Penalties based on violation of an emergency order shall be assessed, according to this chapter, for each day the Code Enforcement Officer determines that work or activity was done in violation of the emergency order. This includes penalties for defacing, mutilation, or unauthorized removal of an emergency order.

(e) Penalty for Infractions. Unless a different penalty amount for a given violation is expressly authorized or required by a more specific City code provision, the maximum penalty and the default amount shall be $250.00.

(f) Penalty for Violation of Critical Areas or Shoreline Management Ordinances. In addition to the other penalties provided for in this chapter, any person responsible for a violation of Chapter 14.88 or 14.92 shall be jointly and severally liable for site restoration for the redress of ecological, recreation, and economic values lost or damaged and may be subject to a civil penalty as established herein plus restoration, based upon the severity of the violation as documented in the City’s file.

For the purposes of this subsection, a violation of the critical areas ordinance means: the violation of any provision of Chapter 14.88 or 14.92; the failure to obtain a permit required for work in a critical area; the failure to comply with the conditions of any permit, approval, terms, and conditions of any critical area tract or setback area, easement or other covenant, plat restriction, or binding assurance or any notice of violation, stop work order, mitigation plan, contract or other agreement.

(g) Penalty for Unlawful Tree Damage or Removal. Any person responsible for damage to or removal of a tree in violation of Chapter 14.76 shall be jointly and severally liable for mitigation as described in Section 14.76.120 and shall pay a civil penalty of $1,000 per inch of diameter at breast height of tree removed or damaged.

(h) Penalty Accrual. Unless otherwise stated herein, the assessed monetary penalty shall accrue for each day or portion thereof that each violation continues beyond the date for compliance set in an enforcement order or any Hearing Examiner’s decision. Unless a different penalty amount for a given violation is expressly authorized or required by a more specific City code provision, the maximum penalty and the default amount shall be $250.00, not including fees, costs, and assessments.

(i) The civil penalties in this chapter are in addition to, and not in lieu of, any other penalties, sanctions, restitution, or fines provided for in any other provisions of law. (Ord. 1122, Sec. 2 (Exh. A), 2021)

17.60.020 Mitigation for Unlawful Tree Removal.

(a) In addition to the monetary penalty outlined in Section 17.60.010, any tree damaged or removed in violation of Chapter 14.76 shall be subject to replacement in accordance with this section. For the purpose of code enforcement, if a tree has been removed and only the stump remains, the size of the tree shall be the diameter of the top of the stump. Replacement trees shall comply with the standards as follows:

DBH of Tree Removed	Number of Replacement Trees
4" to 6" (single trunk) or 2" (any one trunk of a multiple trunk tree)	3
6" to 8"	4
8" to 20"	6
Over 20"	8

(1) Minimum size of each replacement tree shall be a five-gallon container for deciduous trees, six to eight feet in height for coniferous and broadleaf evergreen trees.

(2) The location of the replacement trees shall be approved by the Planning Director. A maintenance bond shall be provided pursuant to Sections 14.16A.180(c) and (f)(2) to ensure survival of the replacement trees for two years from the date of planting. Sections 14.76.120(g) and (h) which prohibit development and building permits from being issued prior to actual tree replacement shall be applied to this section. Completion securities authorized by Section 14.16A.180(c) shall not be allowed in lieu of actual tree replacement.

(3) Upon written demonstration by a certified arborist that the tree replacement mitigation required is not feasible upon the property on which the violation was committed, the Code Enforcement Officer, in conjunction with the Planning Director, may accept a fee in lieu of replacement in the amount of up to $750.00 for each replacement tree not planted. All monies collected as fees in lieu of replacement shall be placed in a fund by the City and used for the planting of trees in the City. (Ord. 1122, Sec. 2 (Exh. A), 2021)

17.60.030 Collection of Penalties.

(a) Personal Obligation. The monetary penalty constitutes a personal obligation of the person to whom a notice of civil infraction or notice of violation is directed. Any monetary penalty assessed shall be paid to the City within 10 calendar days from the date of mailing of the court’s decision, Hearing Examiner’s decision, or a notice from the City that penalties are due. Any such monetary penalty shall further constitute a lien against the affected real property. The City Attorney is authorized to take all actions available to collect the monetary penalty.

(b) Use of Collection Agency. Pursuant to Chapter 19.16 RCW, as currently enacted or hereafter amended, the City may, at its discretion, use a collection agency for the purposes of collecting penalties and costs assessed pursuant to this title rather than filing a lien. The collection agency may add fees or interest charges to the original amount assigned to collections as allowed by law. No debt may be assigned to a collection agency until at least 30 calendar days have elapsed from the time that the City attempts to notify the responsible person for the debt of the existence of the debt and that the debt may be assigned to a collection agency for collection if the debt is not paid. Notice of assignment to collections shall be made by certified mail to the last known address of the person responsible for the violation; provided, inability to ascertain a current mailing address shall not prohibit the debt from being assigned to collections.

(c) Lien Authorized. The City may have a lien for any monetary penalty imposed, the cost of any abatement proceedings under this chapter, and all related costs including attorney and expert witness fees, against the real property on which the monetary penalty was imposed or any of the abatement work was performed, or both. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for State and County taxes, with which it shall be on parity.

(d) Recorded. The City shall cause a claim for lien to be filed for record within 180 days from the later of the date that the monetary penalty is due, or the date the work is completed, or the violation abated.

(e) Claim of Lien. The claim of lien shall contain sufficient information regarding the civil violation, as determined by the City, a description of the property to be charged with the lien and the owner of record, and the total amount of the lien.

(f) Any such claim of lien shall be verified by the City and may be amended from time to time to reflect changed conditions. (Ord. 1122, Sec. 2 (Exh. A), 2021)