BOCC SMP Amendment to adoption ordinance_5.17.16

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Kittitas County Board of County Commissioners Shoreline Master Program Enforcement Kittitas County Code Title 18 Amendments Exhibit A | May 2016 | Page 11 of 13 shall be $250 for each day of violation under this chapter, not including statutory assessments. The court may not reduce, waive, or suspend the monetary penalty below the stated minimum. 2. A person having been issued a Notice of Violation and Abatement shall be subject to a monetary penalty. The authorized official shall determine the penalty amount. Except as otherwise required by law, the maximum penalty and default amount shall be $500 for each day of violation under this Title, not including statutory assessments, and the minimum penalty shall be $100 for each day of violation under this chapter, not including statutory assessments. The Hearings Examiner may not reduce, waive, or suspend the monetary penalty below the amount assessed by the authorized official. 3. Each and every day of violation is a separate civil infraction subject to the above per-day penalty. 4. A person found to have committed a civil infraction shall be ordered to correct the violation. Failure to do so may result in an abatement action. 5. Whenever a monetary penalty is imposed by a court under this Title, it is immediately payable to the court. If the person is unable to pay at that time, the court may grant an extension of the period in which the penalty may be paid. If the penalty is not paid on or before the time established for payment, the court may proceed to collect the penalty in the same manner as other civil judgments and may notify the county prosecuting attorney of the failure to pay. The court shall also notify the respective county department of the failure to pay the penalty, and the respective county department shall not issue the person any future permits for any activities and/or work until the monetary penalty has been paid in full. 6. The court may also order restitution be paid to a damaged party by the person found to have committed the infraction. 6.7. Any person who, through an act of commission or omission procures, aids or abets in the violation shall be considered to have committed a violation for the purpose of the civil penalty. 7.8. Whenever a Notice of Violation and Abatement has been issued by an authorized official and the applicable appeals period has expired, the monetary penalty shall be immediately payable to the Department to which the authorized official is assigned. Any such penalty not paid within 30 days of the issuance of the notice or order affirming such notice shall bear interest at the rate of 12 percent per annum and may be referred to a collection agency. Nothing in this Title limits the right of the County to pursue other lawful remedies to fees, fines and costs imposed by this Title. (Ord. 2013-012, 2013; Ord. 2009-19, 2009; Ord. 2006-37, 2006; Ord. 2005-29, 2005; Ord. 94-25 (part), 1994) Chapter 18.07 SPECIAL PROVISIONS FOR ENFORCEMENT OF TITLE 17B SHORELINES Sections 18.07.010 Authority and Purpose. 18.07.020 Definitions. 18.07.030 Collaborative Enforcement with the Department of Ecology. 18.07.040 Appeals to the Shorelines Hearings Board. 18.07.050 Special Provisions for Shoreline Master Program Infractions. 18.07.010 Authority and Purpose