4-3-120 VIOLATIONS OF THIS CHAPTER AND PENALTIES:

A. ENFORCEMENT OFFICER:

The Administrator shall be responsible for investigation of violation and issuance of an infraction notice, stop work order or referral to the City Attorney’s office for filing of criminal charges, as the case may be.

B. VIOLATION OF THIS CHAPTER AND PENALTIES:

Except for violations of the Adult Retail and Entertainment Regulations, violations of this Chapter are civil infractions subject to chapter 1-3 RMC. Any person, party, firm, corporation, or other legal entity violating any of the provisions of this Chapter shall be guilty of a civil infraction for the first through third offenses. Each day or portion of a day during which a violation of this Chapter is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this Chapter shall constitute a public nuisance and may be enjoined as provided by the statutes of the State of Washington. The City may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this Chapter. The civil penalty shall be assessed at a rate of one thousand dollars ($1,000.00) to five thousand dollars ($5,000.00) per day per violation depending on the severity of the violation. The Administrator may waive the penalty for a first offense. Penalties for subsequent violations by the same entity shall be assessed at a rate of five thousand dollars ($5,000.00) to ten thousand dollars ($10,000.00) per day depending on the severity of the violation. After the third violation, subsequent violations shall be handled as misdemeanors.

C. TESTS:

1. Whenever there is insufficient evidence of compliance with any of the provisions of RMC 4-3-050, Critical Areas Regulations, or evidence that any action does not conform to the requirements of RMC 4-3-050, the Administrator may require tests as proof of compliance to be made at no expense to this jurisdiction.

2. Test methods shall be as specified by RMC 4-3-050, Critical Areas Regulations, or by other recognized and accepted test standards. If there are no recognized or accepted test methods for the proposed alternate, the Administrator shall determine test procedures. (Ord. 4856, 8-21-2000; Ord. 5757, 6-1-2015)