Chapter 16D.04
ENFORCEMENT AND PENALTIES
Sections:
16D.04.01 Enforcement Responsibilities Generally.
16D.04.02 Enforcement Responsibilities – Chapters 16D.05.20 through 16D.05.72, Flood Hazard Permits.
16D.04.01 Enforcement Responsibilities Generally.
It shall be the duty of the administrative official or his designee to enforce the provisions of the Shoreline Master Program pertaining to all development within the jurisdiction of this title, except as expressly noted in Section 16D.04.02 below pertaining to flood hazard permits. Whenever any development is found to be in violation of this title or a development authorization issued pursuant to this title, the administrative official or his designee may order any work on such development stopped by serving written notice on any person engaged in the wrongdoing or causing such development to be done. The notice shall state the nature of the violation and order all violation activities to stop. The order shall state the corrective actions necessary to fulfill authorization conditions and/or terms of this title and the time within which such corrections shall occur. The order shall identify the parties responsible to take the corrective actions mandated in order. No further development shall be authorized unless and until compliance with the development authorization conditions and/or terms of this title has been achieved to the satisfaction of the administrative official. Violations of this chapter constitute a public nuisance and Yakima County may take such actions as are authorized in Yakima County ordinance and State statute to abate such nuisances.
(Res. 54-2010 §§ 4 (Att. C § 15) (part), 5 (Exh. 1 § 9) (part), 2010: Ord. 14-2007 § 1 (Exh. A) (part), 2007. Formerly 16D.04.02).
16D.04.02 Enforcement Responsibilities – Chapters 16D.05.20 through 16D.05.72, Flood Hazard Permits.
It shall be the duty of the chief building official or his designee to enforce the provisions of Chapters 16D.05.20 through 16D.05.72. Whenever any development is found to be in violation of said chapters or a permit issued pursuant to said chapters, the chief building official may order any work on such development stopped and the responsible parties to take such actions as required to correct such violation by serving written notice on any persons engaged in the doing or causing such development or substantial development to be done. Any such persons shall forthwith stop such work until authorized by the chief building official to proceed with the work.
(Res. 54-2010 §§ 4 (Att. C § 15) (part), 5 (Exh. 1 § 9) (part), 2010: Ord. 14-2007 § 1 (Exh. A) (part), 2007. Formerly 16D.04.03).
16D.04.03 Penalties.
(1) Any person, firm, or corporation violating any of the provisions of this Title, or failing to comply therewith, or violating or failing to comply with any order issued or made pursuant to its provisions shall severally and for each and every violation and non-compliance respectively, be guilty of a misdemeanor or shall be subject to a civil infraction as provided for by Chapter 7.80 RCW or any other remedy provided by law. Any person who violates or fails to comply with any of its requirements shall, upon conviction of a misdemeanor in a court of competent jurisdiction, be fined not more than one thousand dollars or be imprisoned for not more than ninety days, or both, and in addition shall pay all costs and expenses involved in the case. A person found to have committed a civil infraction shall be assessed a monetary penalty. All violations of this chapter shall be denominated Class I civil infractions. The maximum penalty and default amount for a Class I civil infraction shall be two hundred fifty dollars, not including statutory assessments. Each day such violation continues shall be considered a separate offense; however, no additional action will be initiated pending the disposition of any previous suit or complaint.
(2) It shall be the affirmative duty of the county prosecutor’s office to seek relief under this section for violations of this title.
(3) Nothing herein shall prevent the county prosecutor’s office from taking such other lawful action, legal and/or equitable, as is necessary to prevent or remedy any violation.
(4) In addition to any criminal proceedings brought to enforce this title and in addition to any fine or imprisonment provided for therein, continuing violations of this title may be enjoined or ordered abated in a civil proceeding for injunction or for abatement. For purposes of abatement actions, such violations are declared to be public nuisances. Any person, firm, or corporation violating the provisions of this title shall be liable for all costs of such proceedings, including reasonable attorney’s fees and expenses of abatement. The provisions of this subsection are in addition to any other remedies available at law or equity.
(5) Nothing in this Chapter shall be constructed as requiring the County to enforce the prohibitions in this Chapter against all or any properties which may violate the Ordinance. The County has the discretion to enforce and prosecute violations of this ordinance as the County’s resources permit. Exercise of such discretion may result in the enforcement and prosecution of a limited number of violations at any given time. Nothing in this Section or the absence of any similar provision from any other County law shall be constructed to impose a duty upon the County to enforce such other provision of law.
(Res. 54-2010 §§ 4 (Att. C § 15) (part), 5 (Exh. 1 § 9) (part), 2010: Ord. 14-2007 § 1 (Exh. A) (part), 2007. Formerly 16D.04.04).