Chapter 13.20 LAND CLEARING, GRADING AND FILLING

The purpose of this chapter is to promote, protect and preserve the public interest by regulating land alteration, particularly the land clearing, grading, and filling of land within the city. These regulations are necessary in order to:

(1) Promote the public health, safety and general welfare of the citizens of Normandy Park; and

(2) Preserve and enhance the city’s physical and aesthetic character by preventing indiscriminate removal or destruction of trees, soils or ground cover on undeveloped and partly developed property; and

(3) Promote land development practices that result in a minimal disturbance to the city’s vegetation and soils; and

(4) Minimize surface and subsurface water runoff volumes and to prevent erosion and sedimentation and reduce the risk of landslides and other unstable conditions; and

(5) Minimize the need for additional storm drainage facilities; and

(6) Retain clusters of trees for the abatement of noise and for wind protection as well as site stability maintenance; and

(7) Acknowledge that trees and ground cover reduce air pollution by producing pure oxygen from carbon dioxide; and

(8) Minimize devaluation of property values due to unnecessary destruction of trees and ground cover; and

(9) Promote building and site planning practices that are consistent with the city’s natural topographical and vegetational features while at the same time recognizing that certain factors such as health, proximity to existing or proposed structures and improvements, interference with utility services, protection of scenic views, and the realization of a reasonable enjoyment of property may require the removal of certain trees and ground cover; and

(10) Ensure prompt development, restoration, replanting and effective erosion and sedimentation control of property during and after land clearing, grading or filling through the use of phased development, performance bonds, and other reasonable controls; and

(11) Reduce degradation of streams, groundwater resources and other water bodies located in, or adjacent to, the city via scouring, siltation and water pollution; and

(12) Implement the goals of the State Environmental Policy Act and water quality standards set forth by the State Department of Ecology; and

(13) Implement and further the city’s Comprehensive Land Use Plan. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 2, 1992).

13.20.030 Definitions.

For the purposes of this chapter, the words set out in this section shall have the following meanings:

(1) “Bedrock” means in-place solid rock.

(2) “Bench terrace” means an embankment or combination of an embankment and channel constructed across a slope which has a bench-like cross-section and whose purpose is to control erosion by diverting or storing surface runoff instead of permitting it to flow uninterrupted down the slope.

(3) “City” means the city of Normandy Park, Washington.

(4) “Code official” means the city manager or his/her designee.

(5) “Construction site” means any contiguous area owned and operated as one development unit upon which earth-disturbing activities are planned or underway.

(6) “Developed lot” means a lot or parcel of land upon which a usable structure is located and which is not of sufficient area for subdivision in accordance with the subdivision ordinances of the city.

(7) “Developer” means a person, partnership, corporation, or other entity engaged in constructing roads, utilities, or commercial or residential structures.

(8) “Drainage” means the removal of excess water from land either by surface or subsurface means.

(9) “Drainageway” means a natural or manmade channel which collects and intermittently or continuously conveys subsurface water or stormwater runoff.

(10) “Erosion” means the wearing away of the land surface by running water, wind, ice or other geological agents, including such processes as gravitational creep, detachment and movement of soil or rock fragments by water, wind, ice or gravity.

(11) “Excavation,” “stripping” or “cut” means the physical manmade removal of earth material.

(12) “Existing grade” means the vertical location of the existing ground surface prior to excavating or filling.

(13) “Fill” means a deposit of earth material placed by artificial means.

(14) “Grading” means any stripping, excavating or filling, including hydraulic fill, stockpiling or any combination thereof.

(15) “Land clearing” means the act of removing or destroying trees, topsoil or ground cover from any undeveloped or partially developed lot, public lands or public right-of-way.

(16) “Manufactured ground cover” means a ground cover produced artificially or by nonnatural processes.

(17) “Natural ground cover” means land plants growing on the earth’s surface and/or their remains, and includes trees less than four inches in diameter measured at 24 inches above ground level.

(18) “Partially developed lot” means a lot or parcel of land upon which a usable structure is located and which is of sufficient area so as to be capable of subdivision in accordance with the subdivision ordinances of the city.

(19) “Plan” means a proposed method of achieving an end, including specifications for design, implementation and maintenance.

(20) “Sediment” means solid material, both mineral and organic, that is in suspension, or is being transported, or has been moved from its site of origin by air, water, gravity or ice, and has come to rest on the earth’s surface either above or below sea level.

(21) “Sedimentation” means the depositing of sediment.

(22) “Site alteration” means any grading, excavation, filling or other alterations of the earth’s surface where natural or manufactured ground cover is destroyed or removed, or which may result in or contribute to erosion and sedimentation.

(23) “Slope” means an inclined ground surface the inclination of which is expressed as a ratio of a horizontal distance to a vertical distance.

(24) “Soil” means mineral and organic material on the surface of the earth and overlying bedrock that serves as a natural medium for the growth of land plants.

(25) “Surface runoff” means water flowing over the ground surface.

(26) “Tree” means any living woody plant characterized by one main stem or trunk and many branches, and having a diameter of four inches or more measured at 24 inches above the ground level.

(27) “Undeveloped lot” means a lot or parcel of land upon which no usable structure exists. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 3, 1992).

13.20.040 Permit – Required.

A clearing and grading permit is required for a project involving any of the following, unless otherwise excepted under provisions of this chapter:

(1) Any land clearing or grading in a critical area and/or the associated buffers such as a slope, riparian area or wetland, and land clearing over 2,000 square feet outside of a critical area or buffer.

(2) Any filling and/or excavation totaling over 50 cubic yards. Quantities of fill and excavation are calculated separately, then added together even if excavated material is used for fill on the same site.

(3) Excavations and fills greater than four feet in depth, or two feet in depth within 10 feet of a property line.

(4) Creation of fill slopes greater than five horizontal to one vertical covering more than 1,000 square feet.

(5) Over 1,000 square feet of land-disturbing activity including clearing trees and brush, surface grading, or filling and excavating.

(6) Construction of retaining walls and rockeries when:

(a) The wall is placed on a slope of over 10 percent in grade.

(b) The wall retains over three feet of fill material.

(d) The wall is associated with other grading activities permitted by this chapter.

(7) Land grading which may obstruct or impound water in a drainage course.

(8) Filling which is intended to support a structure.

(9) Cutting of subsurface groundwater drains which drain to a city stormwater system. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 1, 2010).

13.20.045 Exemptions.

The following activities are exempt from the requirements of this chapter, except that applicable elements of this chapter may apply to other permits such as building permits and right-of-way permits where the activity would otherwise be regulated by this chapter:

(1) Excavation and fill associated with construction of a single-family home.

(2) Road, sidewalk and stormwater system improvements within public rights-of-way, or emergency work needed to correct an immediate threat to public health or property as approved by the city engineer. Emergency work done without the approval of the city engineer may be required to apply for a permit after-the-fact and may be subject to additional fees and/or penalties.

(3) Selective removal of nonnative invasive plants species outside critical areas. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 2, 2010).

13.20.050 Project checklist required.

(1) Any person intending to engage in or cause land clearing, grading, or filling within the city shall first complete a checklist (provided by the city) to determine whether the action is exempt under the provisions of NPMC 13.20.045. The city manager or designee will evaluate the completed checklist and conduct a field inspection to determine whether the proposed work qualifies for an exemption.

(2) If the applicant does not qualify for an exemption under the provisions of NPMC 13.20.045, any land clearing, grading, or filling shall be subject to the requirements of this chapter and Chapter 13.08 NPMC, as applicable. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 3, 2010; Ord. 758 § 2, 2005; Ord. 555 § 5, 1992).

13.20.060 Permit – Application.

Repealed by Ord. 758. (Ord. 555 § 6, 1992).

13.20.065 Engineering – Required.

The city engineer may require engineering for any project which in his/her opinion may pose a risk to public health and property if not properly designed. All retaining walls, rockeries, and fill work over four feet in height require designs by a licensed engineer. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 4, 2010).

13.20.070 Permit – Plans and specifications.

Permit applications shall be accompanied by two sets of plans and specifications and by as many of the following documents and information as are determined necessary by the code official, and where applicable, in accordance with Chapter 13.08 NPMC:

(1) Name, address and telephone number of the applicant and owner of the property; and

(2) Legal description and county assessor tax account number of property in which activity is to occur; and

(3) An accurate plan of the entire site as it exists at the time of application, including but not limited to, the following information:

(a) Topography, taken at no more than two-foot contour intervals over the entire site,

(b) All property lines shown in true location with respect to the plan’s topographical information,

(c) A depiction of existing vegetation on the site delineating vegetation boundaries, predominant type (common names) and density of cover,

(d) Location of all existing drainage features and facilities which transport surface water onto, across or from the site including: streams and surface waters, artificial channels, natural swales or ravines, and drain culverts or piping,

(e) Location and estimated capacity of natural or artificial basins which impound surface water,

(f) Location and estimated discharge of all visible natural springs in excess of one gallon a minute,

(g) Location and elevation of all existing buildings, structures, utilities or other appurtenances on the property where the work is to be performed and the location of any buildings or structures on land of adjacent property owners which are within 15 feet of the property; and

(4) Date, north arrow, and adequate scale as determined by the code official, on maps or plot plans; and

(5) A proposed time schedule for clearing, grading or filling activities, land restoration, implementation of temporary erosion and sedimentation control and any excavation or construction improvements; and

(6) An accurate plan of the entire site as it will appear after the land clearing, grading or filling activity showing the following information:

(a) Limiting dimensions, elevations or finished contours to be achieved by the grading,

(b) Location and capacity of all drainage facilities and related construction,

(d) Location of all vegetation shown on the plan which will remain after completion of the work and the minimum distance to the nearest excavation and or filling,

(e) The placement of excavated material, fill and other graded material,

(f) Location of building setback lines, and approximate demarcation of land cuts, including but not limited to, foundations, retaining walls and driveways;

(7) Applicant shall also submit a plan to minimize runoff during clearing and grading activities by minimizing impact to and preservation of native soils and vegetation, and control erosion and protect adjacent properties. Such measures may include stockpiling and reuse of native duff and topsoil, retention of existing native vegetation, replanting, reseeding, the placement of LID facilities, storm retention ponds, construction of erosion and sediment control practices such as silt fences or other measures to prevent erosion, buffer areas or prompt development;

(8) Other information as deemed necessary by the code official, including but not limited to;

(a) Information necessary for compliance with all State Environmental Policy Act regulations as they exist now or are subsequently amended, including WAC Title 197 as it is now or is subsequently amended, if it is determined that the proposed clearing, grading or filling constitutes an “action” as that expression is defined in WAC 197-10-040;

(b) Plans shall include a statement signed by a registered professional engineer certifying that provisions of this code and laws, ordinances, rules and regulations, together with recommendations contained in any soils engineering, engineering geology and hydrology reports applicable to the project, have been incorporated in the plans and specifications, or if not, the exceptions and the reasons for each exception. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 720 § 4, 2003; Ord. 555 § 7, 1992).

13.20.080 Permit – Decision of code official.

The code official shall complete his or her review and make his or her decision within the time period specified in Chapter 18.150 NPMC. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 924 § 2(C), 2015; Ord. 555 § 8, 1992).

13.20.090 Permit – Expiration – Extension.

Any permit granted under this chapter shall expire one year from the date of issuance; provided, however, that the code official may set specific limits to the permit for project initiation and/or completion if for environmental reasons or for coordination with other permitted site work he/she finds it is advisable to do so. Upon a showing of good cause, a permit may be extended for six months with a typewritten request to the code official. Approved plans shall not be amended without authorization of the code official. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 9, 1992).

13.20.100 Project inspection – Right of entry.

All projects which include land clearing, grading or filling activities shall be subject to inspection by the code official. The code official shall be granted unlimited right of entry to the work site by the applicant for the purposes of making inspections to determine that the requirements of the plans and permits are being complied with and for the purposes of taking corrective measures of an emergency nature. The cost of such corrective measures shall be borne by the applicant. Upon concurrence with the city engineer the code official may require inspection and testing by an approved testing agency at any stage of the application or project. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 10, 1992).

13.20.110 Disposal of excavated material.

If excavated material is to be removed from the site, an indication of the destination, route to be taken, times, and dates is to be given. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 11, 1992).

13.20.120 Permit – Suspension or revocation conditions.

(1) A land clearing, grading or filling permit may be suspended or revoked by the code official because of incorrect information supplied or any violation of the provisions of this chapter.

(2) Whenever the code official determines that the act or intended act of land clearing, grading or filling has become or will constitute a hazard to life and limb, endangers property, or adversely affects the safety, use or stability of a public way, drainage channel, stream or surface water, including siltation and sedimentation therein, the code official shall immediately suspend the land clearing, grading or filling permit. The permittee or other person or agent in control of the property, upon receipt of notice in writing from the code official shall, within the period specified therein, contact the code official to determine the required corrective action needed to proceed. The permittee shall also be required to take measures to correct damages caused to adjacent and/or downstream or upstream properties, under the direction of the code official. If this is not accomplished in a reasonable period of time the city shall do so using the security provided as part of the land clearing, grading and filling permit under which the work was done. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 12, 1992).

13.20.130 Operating conditions and standards of performance.

(1) Cuts and fills shall conform to the following provisions unless otherwise approved by the code official:

(a) Slope. No permanent slope, cut or fill surface shall be steeper than two to one (2:1) unless approved by the code official, based upon a geotechnical report prepared by a licensed professional engineer.

(b) Fill Location. Fill slopes shall not be constructed on natural slopes steeper than two to one (2:1).

(c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and unsuitable materials, scarifying to provide a bond with the new fill and, where slopes are steeper than five to one (5:1), and the height is greater than five feet, by benching into sound bedrock or other competent material. The bench under the toe of a fill on a slope steeper than five to one (5:1) shall be at least 10 feet wide. The area beyond the toe of the fill shall be sloped for sheet overflow or a paved drain shall be provided. Where fill is to be placed over a cut, the bench under the toe of the fill shall be at least 10 feet wide but the cut must be made before placing fill and approved by the code official as suitable foundation for fill. Unsuitable soil is soil which, in the opinion of the city engineer is not competent to support other soil or fill, to support structures or to satisfactorily perform the other functions for which the soil is intended.

(d) Erosion-Sedimentation Control. All disturbed areas including faces of cut-and-fill slopes shall be prepared and maintained to control erosion and sedimentation. This control shall consist of those management practices in a Temporary Erosion-Sedimentation Control Plan (TESCP) that meet the standards of the city as approved by the code official. These practices shall be implemented as specified in the plan. Where areas are not subject to erosion, as determined by the code official, such protection may be omitted.

(e) Fill Material.

(i) Only earthen material which has more than minor amounts of organic material or has rock or similar irreducible material with a maximum dimension greater than 12 inches shall not be buried or placed in fills.

EXCEPTION: The code official may permit placement of larger rock when a professional engineer retained by the applicant devises a method of placement, continuously inspects its placement and approves the fill stability.

(ii) The following conditions shall also apply:

(A) Prior to issuance of the permit, potential rock disposal areas shall be delineated on the grading plan; and

(B) Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically; and

(f) Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density as determined by UBC Standard No. 70-1. Field density shall be determined in accordance with USC Standard No. 70-2 or equivalent as approved by the code official.

(g) Slope. The slope of fill surfaces shall be no steeper than is safe for the intended use. Fill slopes shall be no steeper than two to one (2:1).

(h) Bench Terrace. Benches at least six feet in width shall be back sloped and shall be established at no more than 30-foot vertical intervals to control surface drainage and debris. Swales or ditches on benches shall have a maximum gradient of one percent.

(i) Drainage. Provisions shall be made to prevent any surface water or seepage from damaging the cut face of any excavations or the sloping face of a fill, and to carry any surface waters that are or might be concentrated as a result of a fill or excavation to a natural watercourse or other means as approved by the code official. Erosion of ground in the area of discharge shall be prevented by installation of nonerosive downdrains or other devices approved by the code official, and as further specified in Chapter 13.08 NPMC.

(j) Subsurface Drainage. Cut-and-fill slopes shall be provided with subsurface drainage as necessary for stability.

(k) Peak Discharge of Surface Water. Provisions shall be made so as to not generate peak discharge of surface water from the site of more than that equivalent to its preexisting natural condition, in accordance with Chapter 13.08 NPMC.

(l) Access Roads. Roads to grading sites shall be located and maintained to minimize problems of erosion, dust, mud, and traffic circulation.

(m) Hazardous Conditions. Signs warning of hazardous conditions, if such exist, shall be affixed at clearly visible locations.

(n) Fencing. Where required by the code official to protect life, limb and property, fencing shall be closed and locked when the site is not being attended. The fence must be six feet in height and the fence material shall have no horizontal opening larger than two inches.

(o) Except as otherwise provided in subsection (1)(o)(i) of this section, areas that have been cleared and graded shall have the soil moisture-holding capacity restored to at least that of the original undisturbed soil native to the site to the maximum extent practicable. The preferred hierarchy of soil protection is as follows: (1) leave native soils undisturbed and protect from compaction; (2) stockpile site duff and topsoil and reapply to site after grading activities; (3) amend existing soil in-place; (4) import topsoil mix.

The soil in any area that has been compacted or that has had some or all of the duff layer or underlying topsoil removed shall be mitigated per the hierarchy listed above for lost moisture-holding capacity. These activities shall take place between May 1st and October 1st unless approved by the director of community planning. Replaced topsoil shall be a minimum of eight inches thick, unless the applicant demonstrates that a different thickness will provide conditions equivalent to the soil moisture-holding capacity native to the site. Replaced topsoil shall have an organic matter content of between eight to 13 percent dry weight and a pH suitable for the proposed landscape plants.

(i) This subsection does not apply to areas that:

(A) Are subject to a state surface mine reclamation permit; or

(B) At project completion are covered by an impervious surface, incorporated into a drainage facility or engineered as structural fill or slope.

(2) All operations, conditions and standards of performance shall be subject to the limitations of the permits. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 804 § 1, 2008; Ord. 720 § 4, 2003; Ord. 555 § 13, 1992).

13.20.135 Retaining walls and other earth retaining structures.

(1) Retaining walls and other earth retaining structures may be used to either protect earth cuts or to retain fill areas. These structures require a permit when:

(a) The wall is associated with grading activities of over 50 cubic yards.

(b) The wall is placed on a slope of 10 percent or greater.

(d) The wall height from bottom of footing to top of wall is over four feet.

(2) Setbacks from property lines to retaining walls are required for permitted walls, and recommended for walls not requiring a permit. The minimum setback for retaining walls to the nearest property line is six inches. Standard setbacks are given in Table 1:

Table 1
Wall Height	Setback Distance
Under 3 feet	1 foot
3 – 4 feet	2 feet
4 – 12 feet	Height/2
Over 12 feet	Additional requirements may apply

(3) Setback Reduction and Elimination. Standard setbacks in Table 1 may be reduced to the minimum setback of six inches or eliminated under the following conditions:

(a) The city determines that the minimum six-inch setback is sufficient under the specific site conditions to avoid impacts to neighboring properties and the public.

(b) A retaining wall between two property owner’s properties is desired by both parties and there is a recorded easement on each side of the retaining wall equal to or larger than the standard setback to each other property owner, or a recorded maintenance agreement is entered into by both parties, or is otherwise provided during plat creation.

(4) Drainage. A wall drain must be provided for all walls over four feet in height.

(5) Landscaping. Walls over eight feet in height require landscaping to obscure large wall area. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 5, 2010).

13.20.138 Drainage and erosion control.

All land-disturbing activities occurring in the city are required to meet the requirements of Chapter 13.08 NPMC concerning drainage and water quality. Projects disturbing less than 7,000 square feet of vegetation and/or soils, which result in the conversion of over 2,000 feet of shrubland or forest to grass or other landscape area, shall mitigate the runoff impact of converted areas at not less than 20 percent of the small site manual rate for new impervious surfaces. Projects which disturb over 7,000 square feet are required to submit an engineered drainage plan that meet the requirements of the city’s primary drainage manual. The city engineer may require engineered drainage plans meeting the requirements of the city’s primary drainage manual for any project which significantly alters a site’s topography or drainage pattern by grading activity, or converts over 2,000 square feet of shrubland or forest to grass or other landscape area. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 6, 2010).

13.20.140 Land clearing, grading and filling in critical areas and/or associated buffers.

(1) Critical areas include but are not limited to the following:

(a) Areas designated in Chapter 18.36 NPMC, Critical Areas Development Regulations; and

(b) Flood hazard areas as defined in NPMC Title 9; and

(d) Other areas which may be identified by the city in accordance with the provisions of the State Environmental Policy Act.

(2) Any activity governed by this chapter is prohibited in critical areas except for activities granted an exemption as provided in NPMC 18.36.090 or activities allowed under provisions of the critical areas ordinance where such activity, in the opinion of the city manager or designee, can be accomplished in a manner which meets the following criteria:

(a) Assures the protection and safety of persons and property, public or private; and

(b) Is harmonious with the existing natural environment; and

(c) Will not result in significant erosion causing sedimentation, water quality degradation, or siltation on site or in downslope or downstream areas; and

(d) Assures long-term slope and soil stability with minimum maintenance or replacement costs.

(3) Restoration.

(a) When Required. Any person who alters a critical area and/or associated buffer without a valid permit or an approved exemption, in violation of a permit, or in any way not permitted, and any property owner upon whose property such an area has been so altered, shall submit a plan for restoration of such critical area and/or associated buffer within 30 days of notification of such requirement by the city manager or designee. Upon approval of the restoration plan and other necessary permits, the person and/or property owner shall restore the critical area and/or associated buffer in accordance with the approved plan at his/her expense pursuant to a schedule approved by the city manager or designee.

(b) Approval. The city manager or designee must review and approve or approve with modifications a restoration plan submitted pursuant to subsection (3)(a) of this section. Such approval does not eliminate the need to obtain any other city permit otherwise required to accomplish the work.

(c) Plan Requirements. The city manager or designee shall specify submittal requirements, including the type, level of detail, and number of copies for a restoration plan application. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 864 § 7, 2010; Ord. 758 § 4, 2005; Ord. 555 § 14, 1992).

13.20.150 Exemptions.

Repealed by Ord. 864. (Ord. 758 § 5, 2005; Ord. 555 § 15, 1992).

13.20.160 Fees.

There shall be a fee assessed to compensate the city for the expense of reviewing and processing plans, conducting inspections, providing for outside consulting services, and the like. The fee shall be set by the city council and shall be related to the amount of anticipated service for the particular application. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 16, 1992).

13.20.170 Bonds and escrow.

The code official may require bonds in such form and amounts as may be deemed necessary to assure that work, if not completed in accordance with the approved plans and specifications, will be corrected. In lieu of a surety bond, the applicant may elect to establish a cash escrow account with his bank in an amount deemed by the code official to be sufficient to reimburse the city if it should become necessary for the city to enter the property for the purpose of correcting the work. The code official may require that the bond or escrow amount be increased. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 17, 1992).

13.20.180 Enforcement.

The code official is authorized to enforce the provisions of this title and to provide technical data for plans and on-site follow-up inspections to assure implementation of required plans. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 18, 1992).

13.20.190 Appeals.

Any person aggrieved by any permit decision of the code official may appeal the decision to the hearing examiner as provided in Chapter 18.150 NPMC. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 924 § 2(C), 2015; Ord. 833 § 5, 2009; Ord. 555 § 19, 1992).

13.20.200 Violation declared public nuisance – Abatement.

Any violation of the provisions of this chapter is declared to be a public nuisance and shall be abated through provisions set forth in Chapter 7.88 NPMC. (Ord. 955 § 3 (Exh. 3), 2017; Ord. 555 § 20, 1992).

13.20.210 Violation – Penalty.

Any person who violates or fails to comply with the requirements of this chapter shall be subject to the provisions and penalties set forth in NPMC Title 19. Each day of continued violation shall constitute a separate violation for purposes of this penalty. (Ord. 1005 § 2 (Exh. B § 14), 2021).