Chapter 23.100 CIVIL PENALTIES

Chapter 23.100
CIVIL PENALTIES

Sections:

23.100.010 Assessment schedule.

23.100.015 Mitigation for unlawful tree removal.

23.100.030 Special provisions relating to enforcement of SDC 21.03.050 (Surface water management).

23.100.010 Assessment schedule.

Code Enforcement Penalties:
Infraction	up to $1,000
Stop Work Order	up to $1,000
Noncompliance:
1 – 15 days	$250 per day
16 – 31 days	$500 per day
31+ days	$1,000 per day
Violation of an approved permit and/or permit condition: $1,000
Environmental Damage/Critical Areas Violations:
Up to $25,000 plus the cost of restoration
Unlawful Tree Removal or Damage:
$1,500 per inch of diameter at breast height of tree removed or damaged
$25 fee per sign illegally placed on public property or in the City’s right-of-way.

(1) Civil fines and civil penalties for civil code violations shall be imposed for remedial purposes and shall be assessed for each type of violation identified in a notice and order, VCA, stop work order, or infraction pursuant to this chapter.

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

(3) Penalties based on violation of a stop work order shall be assessed, according to this chapter, for each day the director determines that work or activity was done in violation of the stop work order.

(4) Infractions shall be subject to a one-time civil penalty as set forth in this chapter.

(5) Payment of a monetary penalty does not relieve the person responsible to whom the notice was issued of the duty to correct the violation.

(6) In addition to the other penalties provided for in this chapter, any person responsible for a violation of SDC 21.03.020 may be jointly and severally liable for site restoration for the redress of ecological, recreation, and economic values lost or damaged and shall pay a civil penalty up to $25,000 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 SDC 21.03.020; or the failure to obtain a permit required for work in a critical area; or 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 and order, stop work order, mitigation plan, contract or other agreement.

(7) Any person responsible for damage to or removal of a tree in violation of SDC 21.03.060 shall be jointly and severally liable for mitigation as described in SMC 23.100.015 and shall pay a civil penalty of $1,500 per inch of diameter at breast height of tree removed or damaged.

(8) 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. O2023-555 § 2 (Att. A); Ord. O2021-540 § 3 (Att. B); Ord. O2017-436 (Att. A); Ord. O2016-408 § 1 (Att. A); Ord. O2015-395 § 4 (Att. B); Ord. O2011-302 §2 (Att. A))

23.100.015 Mitigation for unlawful tree removal.

(1) In addition to the monetary penalty outlined in SMC 23.100.010, any tree damaged or removed in violation of SDC 21.03.060 shall be subject to replacement. 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. Mitigation measures must comply with the standards specified in SDC 21.03.060(J), Tree replacement standards, except that the number of replacement trees for significant trees removed or damaged shall be as follows:

(a) Removed or damaged coniferous trees with a DBH equal to or greater than eight inches up to 12 inches shall be replaced by four trees;

(b) Removed or damaged trees with a DBH equal to or greater than 12 inches up to 16 inches shall be replaced by six trees; and

(c) Removed or damaged trees with a DBH of 16 inches or more shall be replaced by eight trees. (Ord. O2023-555 § 2 (Att. A); Ord. O2021-540 § 3 (Att. B); Ord. O2015-395 § 4 (Att. B))

23.100.020 Waivers.

(1) Civil fines and civil penalties, in whole or in part, may be waived or reimbursed to the payer by the director, with the concurrence of the finance director in the following circumstances:

(a) The notice and order, stop work order, or infraction was issued in error;

(b) The civil fines or civil penalties were assessed in error;

(d) The code violations have been corrected under a VCA;

(e) The code violations which formed the basis for the civil penalties have been corrected, and the director finds that compelling reasons justify waiver of all or part of the outstanding civil penalties; or

(f) Other extraordinary information warranting waiver has been presented to the director since the notice and order, stop work order or infraction was issued.

(2) The director shall document the circumstances under which a decision was made to waive penalties. (Ord. O2023-555 § 2 (Att. A); Ord. O2015-395 § 4 (Att. B); Ord. O2011-302 §2 (Att. A))

23.100.030 Special provisions relating to enforcement of SDC 21.03.050 (Surface water management).

(1) General Requirements. This section applies to violations of SDC 21.03.050, including illicit discharges and connections that discharge into the municipal storm drain system and/or surface waters. Enforcement shall be conducted in accordance with procedures set forth in this chapter.

(2) Authority. The director is authorized to administer the provisions of this section.

(3) Violations.

(a) Each action or omission taken in violation of SDC 21.03.050 shall constitute a separate violation.

(b) Any person who aids or abets the violation shall be considered to have committed a violation.

(4) Financial Penalties.

(a) Financial penalties are determined through assigning a point rating to each of the criteria questions. The director uses the criteria questions below to determine the total points according to the violation. The surface water fine(s) is determined by the total score of the matrix.

(i) Did the violation result in a public health risk?

0	There is no evidence to support a claim of public health risk or adverse health effects.
1	Evidence supports a claim of public health risk and there is a plausible connection between this violation and health effect.
2	There is evidence directly linking public health risk or adverse effects with the violation.

(ii) Did the violation result in environmental damage?

0	There is no evidence to support a claim of damage to water or sediment quality, or the environment.
1	Damage to water or sediment quality, or the environment can be reasonably inferred from evidence or knowledge of the effects of the violation.
2	There is evidence directly linking damage to water or sediment quality, or the environment with the violation.

(iii) Did the violation discharge into the municipal separate storm sewer system?

0	There is no evidence to support a claim of impact to municipal storm drain system.
1	Impact to municipal storm drain system can be reasonably inferred from evidence or knowledge of the effects of the violation.
2	There is evidence directly linking municipal storm drain system impacts to the violation.

(iv) Was the responsible party unresponsive in correcting the violation?

0	The violation was corrected as soon as the responsible party learned of it.
1	The violation was corrected, or measures were attempted to be implemented, in a less timely and cooperative fashion.
2	The responsible party made no attempt to correct the violation or no measures were attempted to be implemented to prevent further violation.

(v) Was the violation intentional?

0	The responsible party did not know and had no reason to know that the action or inaction constituted a violation.
1	The responsible party appears not to have intended but should have known there was a violation because of permit conditions, inspections, educational resources, or public outreach.
2	If it is clear from the circumstances that the violation was intentional and that permit conditions, inspections, educational resources, or public outreach was provided to the responsible party.

(vi) Was the violation a result of a responsible party’s failure to properly operate, maintain, or implement a system or required plan?

0	The violation was not the result of improper or inadequate actions or inactions described above.
1	Proper operation or actions described above were completed but a violation still occurred.
2	The violation was a result of improper or inadequate actions or inactions described above.

Once the total amount of penalty points is determined, a rating and corresponding surface water fine amount are established.

Table 1. Penalty Points Rating and Corresponding Surface Water Fine Amount
Rating	1 – 2	3 – 4	5 – 6	7	8	9	10+
Fine	$500.00	$1,500	$2,500	$4,000	$6,000	$8,000	$10,000

(5) Self-Reported Violations. The director may reduce or waive the surface water fine for persons who immediately self-report violations to the City and take action to remedy the violation.

(6) Assessment of Fines. The director shall assess the surface water fine against any responsible party. The director may elect not to seek surface water fines if he or she finds that rare and unique circumstances do not warrant imposition of fines.

(7) Corrective Action and Summary Abatement. In addition to surface water fines, the City may require the responsible party to take corrective action to cease violating SDC 21.03.050, including, but not limited to, requiring the responsible party to fully remove pollutants from any private or public storm system(s). In the event the responsible party fails to take necessary corrective action in a timely fashion, the City may take summary abatement action in accordance with SDC 23.120.010(2).

(8) Cost Recovery. The director shall assess costs associated with cleaning or restoring the municipal storm drain system against any responsible party. The director may elect not to seek costs if he or she finds that unique circumstances do not warrant such collection.

(9) Written Notice. The director shall provide the responsible party a written notice of the violation that sets forth the nature of the violation, actions needed to remedy the violation, the determination of the amount of fine, and cost recovery.

(10) Real Property Owner or Person Holding the Title Liability. Where a violation of SDC 21.03.050 has occurred at least in part on private property, and when more than one person is responsible for fines and/or costs under subsection (4), (5) and/or (6) of this section, the director may determine that the owner of the real property where the violation occurred shall be jointly and severally liable for all of the fines and/or costs assessed against each person.

(11) Notice and Order and Appeal to Hearing Examiner. The City may record a notice and order against any responsible party who violates SDC 21.03.050 and who fails to pay surface water fines and/or costs of recovery, and/or costs of abatement, and/or fails to take other necessary corrective action. If a notice and order is appealed, the hearing shall be held in accordance with SMC 23.110.010.

(12) Repeat Violations. Where the city finds a repeat violation of SDC 21.03.050 has occurred pursuant to SDC 21.03.050(B)(65), the fine for the repeat violation shall be determined by multiplying the surface water fine amount in Table 1 by the number of violations. For example, the fine for second time violators is multiplied by two, and the fine for third time violators is multiplied by three, and so on.

(13) Automobile Collisions. Automobile collisions shall not be subject to the financial penalties of subsection (4) of this section but may be subject to cleanup costs. (Ord. O2023-555 § 2 (Att. A))