Chapter 14.44 ENFORCEMENT/PENALTIES

(a) Fairly, actively, and uniformly enforce the land use and building and construction codes to preserve the health, safety, and welfare of the public and the environment and not for the benefit of any particular class of persons;

(b) Conduct all investigations into alleged violations consistent with statutory and constitutional protections of the right of privacy;

(c) Use education as a first step toward achieving compliance with those codes and offer property owners the opportunity to correct violations before imposing fines;

(d) Use administrative orders and other measures when necessary to ensure violations are corrected.

(2) To achieve this policy, this Chapter provides authority and procedures for:

(a) Efficient and effective notice and opportunities to correct violations;

(b) Progressive monetary penalties proportionate to the violations;

(d) Collection of civil penalties; and

(e) Abatement and remediation of violations. (Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

14.44.120 Violations defined—Joint and several liability.

(1) A “violation” is a failure to comply with SCC Title 14, 15, or 16, including failure to comply with a permit or an administrative order issued pursuant to SCC Title 14, 15, or 16.

(2) A violation includes any act or omission that procures, aids, or abets a violation.

(3) A violation is detrimental to the public health, safety, and welfare and is a public nuisance. A public nuisance is a continuing offense against the order and economy of Skagit County and is subject to abatement both under this Chapter and RCW Chapter 7.48.

(4) In addition to any other person who may be liable for violations, the property owner is jointly and severally liable for the violation, payment of any civil penalties, and restoration of the site.

(5) Each day a violation continues is a separate civil violation. (Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

14.44.130 Criminal offenses defined.

(1) A person who commits or maintains a public nuisance, for which no special punishment is prescribed; or who willfully omits or refuses to perform any legal duty relating to the removal of a public nuisance; or who lets, or permits to be used, any land, building, or structure or portion thereof, knowing that it is intended to be or is being used for committing or maintaining any such public nuisance; is guilty of a misdemeanor, and upon conviction, may be punished by a fine not to exceed $1,000, or imprisonment not to exceed 90 days, or both. Each day or part thereof is a separate offense.

(2) Per RCW 7.48.260, any court or magistrate before whom any proceeding for violation of SCC 14.44.120 is pending may order such nuisance abated, in addition to any fine or other punishment that it may impose for such violation, and all property unlawfully used in the maintenance thereof destroyed by the sheriff at the cost of the defendant, except that if the conviction was in a district court, the district court judge may not issue the order and warrant of abatement, but on application must transfer the cause to the superior court to try the issue of abatement in the same manner as if the action had been originally commenced therein.

(3) Failure to comply with a stop work order is a gross misdemeanor punishable upon conviction by a minimum fine of $500 up to a maximum fine of $1,000 or one year in jail, or both. Each day or part thereof of noncompliance with a stop work order is a separate offense. (Ord. O20140004 § 1 (Att. 1 (part))

14.44.140 Enforcement and abatement authorized.

The Administrative Official may initiate enforcement consistent with this Chapter to correct any violation, and abate any condition in violation. (Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

Part II: Procedures

14.44.210 Investigation—Right of entry.

(1) Requests for Investigation.

(a) Any person who believes a violation of SCC Title 14 or 15 has occurred may file a written Request for Investigation (“RFI”) on forms provided by the Department.

(b) If requested, the Administrative Official must notify the person who files an RFI of the results of the Department’s investigation after it is complete.

(2) Investigation and Follow-Up.

(a) The Administrative Official must investigate a violation alleged by an RFI and confirm it has occurred before proceeding to correct a violation.

(b) The Administrative Official may utilize any combination of the remedies described in Part III of this Chapter to correct the violation, or may ask the Prosecuting Attorney to charge the violation as a misdemeanor.

(c) Generally, the Administrative Official should use a graduated enforcement process that uses notification and education as a first step and should offer property owners the opportunity to correct violations before imposing fines.

(d) The Administrative Official may decide not to take action to correct a violation, especially for de minimus violations or violations that require interpretations or discretionary judgments of the applicability of the land use code.

(3) Right of Entry.

(a) Whenever necessary to make an inspection to enforce the provisions of SCC Titles 14 or 15, or whenever the Administrative Official has reasonable cause to believe that any building, structure, property or portion thereof is being used in violation of SCC Titles 14 or 15, the Administrative Official may, upon presentation of proper credentials and consent of the property owner or other person having charge or control of the building, structure or property, enter such building, structure, property or portion thereof at all reasonable times to inspect the same.

(b) If the building, structure, property, or portion thereof is unoccupied, the Administrative Official must make a reasonable effort to locate the owner or other persons having charge or control of the building, structure, property, or portion thereof and request entry.

(c) If entry is refused or a responsible party cannot be located, the Administrative Official may ask the Prosecuting Attorney’s office to assist in obtaining a warrant. (Ord. O20140004 § 1 (Att. 1 (part))

14.44.220 Administrative orders—Stop work order—Service.

(1) Authority.

(a) The Administrative Official may issue administrative orders to compel correction of a violation, abatement of a nuisance, or payment of civil penalties.

(b) The Administrative Official may issue a stop work order whenever any work or activity is causing a violation or public nuisance.

(2) Contents. An order must contain the following:

(a) The name and address of the property owner, the person in possession of the property, and any other person responsible for the violation or condition.

(b) The street address or description of the property sufficient for identification of the location where the violation occurred or condition is located.

(i) A directive to immediately cease the work or activity until the Administrative Official rescinds the order.

(ii) A description of the basis for the order, including specific code sections violated, if any.

(iii) A statement of the penalties for failure to comply.

(d) For other orders:

(i) A statement that the Administrative Official has found the person to be in violation of specific code sections, permit condition, stop work order, or other administrative order that was or is being violated.

(ii) A statement of the corrective action required to be taken. If the Administrative Official has determined that corrective work is required, the order must require that all necessary permits be secured and the corrective work physically commence within a reasonable time, as determined by the Administrative Official, and a reasonable date by which the work must be completed.

(iii) A statement specifying the amount of any civil penalty assessed as a result of the violation and, if applicable, the conditions on which assessment of such civil penalty are contingent.

(iv) A statement that if the corrective action is not commenced or completed within the time specified, the Administrative Official may proceed to abate the violation, cause the corrective work to be done, and charge the costs thereof as a lien against the property and as a joint and separate personal obligation of any person in violation.

(v) A statement of the procedural steps the County may take to ensure compliance if the violation is not corrected consistent with the order.

(e) A statement that the order is effective upon service or, for stop work orders, when the Administrative Official posts it on the subject property or serves it on the persons engaged in the work.

(f) A statement of the right to appeal an order and the method and deadline for doing so, and that failure to file a timely and complete appeal may constitute a waiver of all rights to appeal the order.

(3) Method of Service.

(a) All persons identified in the order must be served either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested.

(b) If the address of a person cannot reasonably be ascertained, then a copy of the order must be mailed to such person at the address of the location of the violation and a copy must be posted in a conspicuous location on the premises. The failure of any such person to receive such notice does not affect the validity of any proceedings taken under this Chapter.

(4) Supplemental Order.

(a) The Administrative Official may at any time add to, rescind in part, or otherwise modify an order by issuing a supplemental order.

(b) A supplemental order is governed by the same procedures applicable to other orders in this Chapter.

(5) Final Orders.

(a) An administrative order becomes final if it is not timely appealed, or if it is timely appealed and not stayed or reversed.

(b) An administrative order other than a stop work order is stayed during an appeal to the Hearing Examiner except when the Administrative Official determines that the violation will cause immediate and irreparable harm and so states in the order.

(6) Enforcement of Final Orders. If the person to whom an order is directed does not obey the order or does not pay the civil penalty assessed by the order, the Administrative Official may do any combination of the following:

(a) Institute any appropriate action to collect the civil penalties;

(b) Record a certificate of noncompliance against the property with the County Auditor describing the violation and the amount of unpaid civil penalties;

(d) Refer such person for prosecution under this Code or State law;

(e) Pursue any other appropriate remedy at law or equity. (Ord. O20140004 § 1 (Att. 1 (part))

14.44.275 Special use permits in Ag-NRL.

(1) As certain uses in the Agricultural—Natural Resource Lands zone are allowed only in conjunction with or accessory to an agricultural use/operation, specific documentation may be required to evidence an existing agricultural use/operation.

(2) Whenever the Administrative Official has reason to believe, or an RFI is filed alleging, that there is a violation of a special use permit on a parcel in the Agricultural—Natural Resource Lands zone with no obvious indication of an agricultural use/operation, the following documentation may be required as evidence of compliance. The Department should review and verify the following documentation when required, but not copy or retain either item for permanent record.

(a) Temporary Manufactured Home—Accessory to Farm Dwelling Unit. If requested by the Department, the farm owner/operator must submit an IRS Form 943, filed in the current or previous year, indicating that at least one farm worker was employed in farm work.

(b) Special Uses Allowed as Accessory to an Agricultural Use/Operation. If requested by the Department, the farm owner/operator must submit an IRS Form 1040 Schedule F, filed in the current or previous year, indicating income from agricultural activities.

(3) If documentation meeting the above stated requirements is requested but not submitted, the activity may be deemed a violation. (Ord. O20140004 § 1 (Att. 1 (part))

14.44.285 Critical areas and ongoing agriculture.

(1) Supplemental Requirements and Coordination with Existing State Agency Enforcement. Violations of the requirements of SCC 14.24.120 relating to ongoing agriculture shall be subject to the additional provisions of this Section, in addition to all other provisions of this Chapter. The provisions contained in this Section are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law. The County shall be responsible for enforcing compliance with the requirements of SCC 14.24.120, including the “no harm or degradation” standard of SCC 14.24.120(3) and the required watercourse protections measures for ongoing agriculture of SCC 14.24.120(4). The County’s responsibility may be carried out through coordination and/or consultation with the Skagit Conservation District (SCD), the Natural Resource Conservation Service (NRCS), the Washington Department of Ecology (ECY), the Washington Department of Fish and Wildlife (WDFW), and/or other State or Federal agencies with jurisdiction or technical expertise. Enforcement shall be consistent with the provisions of Skagit County Resolution No. 16149 and a Compliance Memorandum of Agreement between the Department of Ecology, the Skagit Conservation District and the Washington State Conservation Commission dated May 16, 1989. County enforcement under this Subsection may consist of referral to the ECY for alleged violations of the Water Pollution Control Act, RCW Chapter 90.48. For alleged violations of the hydraulics code, RCW Chapter 77.55, County enforcement may consist of referral to the WDFW. The County shall not assume responsibility or jurisdiction to enforce ECY or WDFW obligations under these RCW provisions. However, the County may determine, as part of its enforcement obligations under this Section to pursue additional County enforcement remedies deemed necessary and appropriate to ensure compliance with all of the requirements of this Section, regardless of the outcome of any ECY or WDFW enforcement action.

(2) Request for Investigation. The County shall refer to ECY all RFIs that are based on water quality data and an allegation of a violation of State water quality standards (a water quality standards violation). If the RFI alleges a violation of one or more of the watercourse protection measures for ongoing agriculture identified in SCC 14.24.120(4) (a watercourse protection measure violation), then the County may refer the RFI to ECY, but shall also proceed with its investigation pursuant to SCC 14.44.210 and proceed with the provisions of Subsections (3) through (5) of this Section.

(3) County Investigation. Subject to the referral of water quality standards violations to ECY pursuant to RCW Chapter 90.48 as described in Subsection (2) of this Section and subject to the procedures applicable to existing farm plans in Subsection (4) of this Section, the County shall investigate all credible RFIs that allege watercourse protection measure violations pursuant to the procedures described in SCC 14.44.210.

(a) If determined appropriate to investigate the allegations in the RFI or observations made during the site investigation, the County’s investigation may include water quality sampling.

(b) If water quality sampling is conducted by the County under Subsection (3)(a) of this Section, and if that sampling indicates a potential water quality violation then the County shall notify ECY of the potential violation and the results of the County investigation and shall cooperate with ECY on any further ECY enforcement action pursuant to RCW Chapter 90.48. The affected owner and operator will be copied on all correspondence sent by the County to ECY regarding this matter.

(4) Existing Farm Plans and BMPs.

(a) For all credible RFIs submitted, the County will first ask the owner or operator if they have, since May 13, 1996, implemented a dairy nutrient management plan (DNMP) pursuant to RCW Chapter 90.64 and/or a resource management system farm plan (RMS plan) [including, but not limited to the conservation reserve enhancement program (CREP)], with appropriate best management practices (BMPs) consistent with the requirements of SCC 14.24.120(5).

(b) If an implemented DNMP or RMS plan is confirmed, the County will send a letter instructing the owner or operator to work with SCD, NRCS, an NRCS technical service provider or other qualified expert to assess whether the BMPs from those plans have been correctly implemented and if resources are being protected according to NRCS practice standards. The owner or operator shall report back to the County within one month from the date of receipt of the letter from the County. The report shall be in writing and include documentation signed by SCD, NRCS, an NRCS technical service provider or other qualified expert as to whether or not the BMPs have been correctly implemented and are sufficient according to NRCS practice standards to protect the resources.

(c) If the BMPs are not being correctly implemented, the County shall identify a reasonable period of time for proper implementation of the BMPs and any monitoring necessary to ensure proper implementation of the BMPs.

(d) If the BMPs were correctly implemented, but determined to be not sufficient to meet the requirements of SCC 14.24.120(3) and (4), the County will give these owners or operators five additional months to develop appropriate BMPs consistent with NRCS practice standards for fixing the problem, and a maximum of another 12 months to fully implement those BMPs.

(e) If the landowner does not provide evidence of an approved DNMP or RMS plan or does not provide a report back to the County with confirmation of contact with SCD, NRCS, an NRCS technical service provider or other qualified expert within one month from the date of receipt of the letter from the County, then the County shall proceed to the investigation procedures and the administrative order procedures of SCC 14.44.220.

(5) County Notice of Watercourse Protection Measure Violation.

(a) If, after County investigation, the County determines that there is credible evidence to support a determination that the required watercourse protection measures of SCC 14.24.120(4) are not being followed and/or the owner or operator is conducting agricultural operations on site in a manner that is causing harm or degradation to a fish and wildlife habitat conservation area in or adjacent to a watercourse, then the County shall proceed with the notice and order provisions of SCC 14.44.220.

(b) For those watercourse protection measure violations for which the County can readily determine the corrective measure necessary, the administrative order shall specify the corrective action required to comply and a time frame for compliance pursuant to SCC 14.44.220.

(c) For those watercourse protection measure violations for which the County cannot readily determine a corrective measure necessary, the administrative order shall require the owner or operator to consult with SCD, NRCS, an NRCS technical service provider, or other qualified expert within 10 business days from the date on the administrative order. This requirement may be satisfied by written documentation, signed by SCD, NRCS, the technical service provider or other qualified expert that they will be working with the landowner and/or operator to resolve the problem. Within six months of the administrative order, the County must receive written documentation signed by SCD, NRCS, an NRCS technical service provider or other qualified expert that BMPs have been identified that will address the impact and that the BMPs either have been implemented or that implementation has commenced to the extent feasible, given weather, season and other factors that may determine time for BMP implementation. If recommended BMPs cannot be effectively implemented within the six-month time frame due to factors such as the growing season, then the written documentation must include the specific schedule for implementation and justification for implementation beyond the six-month deadline. The owner or operator must then provide to the County supplemental documentation that the BMPs have been implemented according to the schedule provided. Within 12 months of the date on such letter, the County must receive notice from the same entity that sent the letter that the BMPs have been fully implemented. The County reserves the right to make site visits during this time period to verify that progress is being made on implementation. Failure to contact SCD, NRCS, an NRCS technical service provider or other qualified expert within the required 10 business days or to meet the timelines specified above, shall result in further County enforcement pursuant to SCC 14.44.220 and immediate notification to ECY and/or WDFW, depending on the nature of the violation.

(d) Depending on the nature of the watercourse protection measure violation, the recommended BMPs may require monitoring to evaluate implementation and to assess compliance with SCC 14.24.120(4). The results of any such monitoring shall be forwarded to appropriate agencies, depending on the nature of the violation. The affected owner and operator will be copied on all correspondence sent by the County to agencies regarding this matter.

(e) For any harm or degradation that the County determines was willful or intentional, or for any enforcement action where the owner or operator has failed to comply with the requirements of Subsection (5)(c) of this Section, the County shall immediately notify the ECY and/or the WDFW, depending on the nature of the violation and the County shall proceed with all applicable remedies and procedures for enforcement described in this Chapter. At its option, the County may consult with NRCS, SCD, a technical service provider or other qualified expert to determine appropriate remedies to address the violation. The County’s enforcement actions pursuant to this Chapter are not dependent on action by ECY or WDFW and shall proceed independent of such other agency enforcement; provided, that the County may determine that a final compliance order or consent decree entered as part of a ECY or WDFW enforcement action is sufficient to address compliance and to protect the functional values of the watercourse and to mitigate impacts created by the violation and does not require additional County penalties or other requirements. For purposes of this Subsection “intentional” shall include harm or degradation that was accidental, but then was not corrected by the owner or operator, after the owner or operator receives notice of the accidental harm or degradation. (Ord. O20140004 §§ 1 (Att. 1 (part)), 2: Ord. O20030020 (part). Formerly 14.44.085)

14.44.290 Appeals.

Any person subject to an administrative order issued pursuant to this Chapter may appeal it in writing to the Hearing Examiner within 14 calendar days of service on forms provided by the Department. Appeals are processed per SCC Chapter 14.06. See, especially, SCC 14.06.110(7) through (9). (Ord. O20140004 § 1 (Att. 1 (part))

Part III: Remedies

14.44.310 Voluntary compliance agreement.

(1) The County and the violator may enter into a voluntary compliance agreement at any time. The Administrative Official is authorized on behalf of the County to enter into a voluntary compliance agreement, as provided for in this Section, at any time before the County becomes involved in any lawsuit related to the enforcement action.

(2) Contents. A voluntary compliance agreement must contain the following:

(a) The name and address of the property owner, the person in possession of the property, and any other person responsible for the violation or condition.

(b) The street address or description of the property sufficient for identification of the location where the violation occurred or is located.

(d) A detailed description of the agreed corrective action and the date by which it must be completed.

(e) The amount of the civil penalty that will be imposed, if any, pursuant to SCC 14.44.330 if the terms of the voluntary compliance agreement are not met.

(f) A statement that if the Administrative Official determines that the terms of the voluntary compliance agreement are not met, the administrative official may proceed with enforcement consistent with this Chapter.

(g) A statement that by entering into the voluntary compliance agreement the violator admits that the conditions described in the voluntary compliance agreement exist and constitute a civil violation.

(h) A statement that the violator knowingly, voluntarily, and intelligently waives the right to appeal any current or future administrative order arising from the same conditions or violations, including current or future civil penalties associated with the same conditions or violations.

(3) The Administrative Official may grant an extension of the time limit for compliance or a modification of the required corrective action if the violator has shown due diligence or substantial progress in correcting the violation and the circumstances support such an extension. (Ord. O20140004 § 1 (Att. 1 (part))

14.44.320 Civil infraction.

(1) In addition to or as an alternative to any other judicial or administrative remedy, a person who causes a violation, or by any act of commission or omission procures, aids, or abets such a violation, is subject to a class 1 civil infraction in accordance with RCW Chapter 7.80.

(2) The maximum penalty and the default amount for a class 1 civil infraction is $250, not including statutory assessments. (Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

14.44.330 Civil penalty.

(2) Amount of Civil Penalty.

(a) The amount of civil penalty is $100 per day per violation unless otherwise provided.

(b) For a violation of SCC Chapter 14.24 or of any of the terms or conditions of any critical area buffer or setback, easement, or other plat restriction or binding assurance, or of any mitigation plan, or contract or agreement concluded pursuant to SCC Chapter 14.24 or of the “do not harm” standard of SCC 14.24.120(3), or of the water pollution regulations in SCC Chapter 16.32, the Administrative Official may impose an additional civil penalty up to:

(i) An amount, not to exceed $25,000, that is reasonable based upon the nature and extent of the violation and the costs to the County of enforcing this Chapter against the violator; or

(ii) An amount equal to twice the economic benefit that the violator derived from the violation as measured by the greater of:

(A) The resulting increase in the market value of the property or the value received by the violator; or

(B) The savings of construction costs realized by the violator derived from the act that constituted the violation.

(c) For a violation of SCC Chapter 14.34 or WAC Chapter 173-158, the Administrative Official may impose a civil penalty up to $1,000 per day per violation.

(d) A person found in violation of a new and separate violation under the provisions of SCC Titles 14 or 15 within one year of the resolution of a prior violation of SCC Titles 14 or 15 may be subject to double the civil penalties normally imposed for such a violation.

(e) The Administrative Official may reduce a civil penalty based on one or more of the following mitigating factors:

(i) The violator responded to the County’s attempts to contact the violator and cooperated with efforts to correct the violation;

(ii) The violator showed due diligence or substantial progress, or both, in correcting the violation; or

(iii) The violator was not the primary cause of the violation.

(3) Collection of Civil Penalties.

(a) An order to pay civil penalties is valid for the penalties accrued as of the date of the order and for future penalties that accrue until a specified event.

(b) The Administrative Official may issue a supplemental order for additional civil penalties. That order is appealable like any other order, but only for the additional civil penalties imposed by the supplemental order.

(c) Per RCW 19.16.500, the Administrative Official may refer orders to pay civil penalties to collection agencies 30 days after service, and may add a reasonable fee to cover the costs of collection.

(4) Payment of a civil penalty pursuant to this Chapter does not relieve the violator of the duty to correct the violation. (Ord. O20160004 § 6 (Att. 6); Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

14.44.340 Abatement.

(1) In addition to or as an alternative to any other judicial or administrative remedy, the Administrative Official may order any person who creates or maintains a violation of SCC Title 14 or 15 to correct the violation.

(2) For violations of SCC Chapter 16.32, Water Pollution, the Administrative Official may also:

(a) Require implementation of BMPs described in the Stormwater Management Manual and, when necessary, AKART BMPs as described in RCW 90.48.010 and 90.48.520.

(b) Require the violator to sample and analyze any discharge, surface and stormwater, groundwater, or sediment, in accordance with the sampling and analytical procedures and requirements determined by the Administrative Official, and provide that analysis to the Administrative Official.

(c) Make inspections as required to determine compliance, including observation of BMPs or sampling surface and stormwater or groundwater as often as may be necessary.

(3) If the required corrective work is not commenced or completed within the time specified, the Administrative Official may ask the Prosecuting Attorney’s office to assist in abating the public nuisance.

(4) Consistent with RCW 36.32.120(10), the County may abate the violation itself and charge the costs of abating the violation as a public nuisance lien against the property. (Ord. O20150006 § 2 (Att. A); Ord. O20140004 § 1 (Att. 1 (part))

14.44.350 Permit suspension or revocation.

(1) The Administrative Official may issue an administrative order to suspend or revoke a permit issued pursuant to the Administrative Official’s review, only upon:

(a) Discovery that the permit was issued in error based on incorrect information supplied by the applicant;

(b) Applicant’s failure to disclose a change of circumstances on the development proposal site if those circumstances render the critical area study inaccurate.

(2) The suspension or revocation is effective upon service of the order.

(3) The suspension or revocation may be appealed like any other administrative order, but the permit may be suspended pending the decision on appeal. (Ord. O20140004 § 1 (Att. 1)

14.44.360 Denial of permit application.

(1) The County may deny a permit application when the site for which the application is submitted is the site of a violation.

(2) Such a denial may continue until the violation is corrected and payment of any civil penalties is complete, except that the County must approve appropriate permit applications necessary to correct the violation. (Ord. O20140004 § 1 (Att. 1)

14.44.370 Remedies for land division violations.

(1) Injunctive Remedy. Whenever any parcel of land is divided in violation of SCC Chapter 14.18, and any person or any agent sells or transfers, or offers or advertises for sale or transfer any such lot, tract or parcel in violation of SCC Chapter 14.18, the Prosecuting Attorney may commence an action to restrain and enjoin further subdivision or sales or transfers or offers of sale or transfer of the illegally subdivided property and compel compliance with all provisions of SCC Chapter 14.18. The costs of such action may be assessed against the person or agent selling or transferring the property. When property is in compliance with RCW 58.17.205, this Section does not apply.

(a) In enforcement of SCC Chapter 14.18, the Prosecuting Attorney may accept an assurance of discontinuance of any act or practice deemed in violation of SCC Chapter 14.18, from any person engaging in or who has engaged in such act or practice. Any such assurance must be in writing and must be filed with and subject to the approval of the Superior Court of Skagit County. The violation of such assurance constitutes prima facie evidence of a violation of SCC Chapter 14.18.

(b) Any person who violates any court order or injunction issued pursuant to this Section is subject to a civil penalty not more than $5,000.

(2) Criminal Penalty. Any person or agent who violates any provision of SCC Chapter 14.18 or RCW Chapter 58.17 relating to the sale, offer for sale, lease or transfer of any lot, tract or parcel of land within a subdivision, short subdivision, binding site plan, or condominium is guilty of a gross misdemeanor. Each sale, offer for sale, lease or transfer of each separate lot, tract or parcel of land in violation is a separate offense. If an offer to sell, lease, or otherwise transfer a lot, tract, or parcel of land following preliminary plat approval is expressly conditioned on the recording of a final plat containing the lot, tract, or parcel under this Chapter, the offer or agreement is not subject to penalty and does not violate any provision of this Chapter. All payments on account of an offer or agreement conditioned as provided by this Section must be deposited in an escrow or other regulated trust account, and no disbursement to sellers may be permitted until the final plat is recorded. (Ord. O20140004 § 1 (Att. 1)

14.44.380 Settlement.

The Administrative Official may, with the advice and consent of the Prosecuting Attorney, enter into negotiations with parties in an enforcement action or named in a lawsuit under this Chapter or their legal representatives, for the purposes of negotiating a settlement to such action or lawsuit. The settlement may include a compromise regarding the collection of civil penalties but must consider the interests of the public and be in the best interests of the County. Except as authorized by SCC 14.44.310, such a settlement requires the approval of the Board of County Commissioners. (Ord. O20140004 § 1 (Att. 1)

14.44.390 Alternative remedies.

In addition to any other penalty or method of enforcement, the Prosecuting Attorney may bring actions for injunctive or other relief to enforce this Title. (Ord. O20140004 § 1 (Att. 1)