Laserfiche WebLink
18.07.030 Collaborative enforcement with the Department of Ecology <br />1. A person who fails to conform to the terms of a shoreline permit issued under RCW 90.58.140, <br />who undertakes a development or use on shorelines of the state without first obtaining a <br />permit, or who fails to comply with an infraction corrective order issued for violation of the <br />Shoreline Master Program under this Title may be subject to a civil penalty pursuant to KCC <br />18.05. <br />2. The Department of Ecology may impose a penalty jointly with the County, or alone only upon <br />an additional finding that a person: <br />a. Has previously been subject to an enforcement action for the same or similar type of <br />violation of the same statute or rule; or <br />b. Has been given previous notice of the same or similar type of violation of the same statute <br />or rule; or <br />c. The violation has a probability of placing a person in danger of death or bodily harm; or <br />d. Has a probability of causing more than minor environmental harm; or <br />e. Has a probability of causing physical damage to the property of another in an amount <br />exceeding one thousand dollars. <br />3. In the alternative, a penalty may be issued to a person by the Department of Ecology alone, or <br />jointly with the County for violations which do not meet the criteria of subsection 1.a through e <br />of this chapter, after the following information has been provided in writing to a person through <br />a technical assistance visit or a notice of correction: <br />a. A description of the condition that is not in compliance and a specific citation to the <br />applicable law or rule; <br />b. A statement of what is required to achieve compliance; <br />c. The date by which compliance is required to be achieved; <br />d. Notice of the means to contact any technical assistance services provided by the agency or <br />others; and <br />e. Notice of when, where, and to whom a request to extend the time to achieve compliance <br />for good cause may be filed with the Department of Ecology. Furthermore, no penalty shall <br />be issued by the Department of Ecology until the individual or business has been given a <br />reasonable time to correct the violation and has not done so. <br />(Ord. 2016-010, 2016) <br />18.07.040 Appeals to the Shorelines Hearings Board <br />Persons incurring a penalty imposed by the Department of Ecology or imposed jointly by the <br />Department of Ecology and the County may appeal the same to the shorelines hearings board, <br />pursuant to WAC 173-27-290. Appeals to the shorelines hearings board are adjudicatory <br />proceedings subject to the provisions of chapter 34.05 RCW. Persons incurring a penalty imposed by <br />the County may follow appeal/contesting procedures of KCC 18.02 and KCC 18.04. (Ord. 2016-010, <br />2016) <br />18.07.050 Damages and attorney's Fees <br />Private persons shall have the right to bring suit for damages under RCW 90.58.230 on their own <br />behalf and on the behalf of all persons similarly situated. If liability has been established through <br />abatement proceedings according to KCC 18.05.030, the court shall make provision to assure that <br />restoration will be accomplished within a reasonable time at the expense of the violator. In addition <br />to such relief, including money damages, the court in its discretion may award attorney’s fees and <br />costs of the suit to prevailing party. (Ord. 2016-010, 2016) <br />