§ 17.15.430. Administrative actions—Enforcement.

A.

Adherence to the requirements of this chapter and to any permit conditions or orders issued pursuant to this chapter is required throughout the construction period and thereafter.

B.

Each violation of this chapter or of any permit, permit condition, or order issued pursuant to this chapter is a separate offense. Each day in which such a violation is not remedied is a separate and distinct violation.

C.

If the review authority determines that a violation has occurred, the review authority may:

1.

Issue a stop work order to halt any activity which is in violation of this chapter. The stop work order shall set forth the following terms and conditions:

a.

A description of the specific nature, extent, and time of violation and the damage or potential damage, and

b.

A notice that the violation or the potential violation cease and desist or, in appropriate cases, the specific corrective action to be taken within a given time;

2.

Issue a restoration order for complete or partial restoration of the critical area by the person or agent responsible for the violation who may not be the property owner;

3.

Issue a civil infraction under TCC Section 17.15.435; or

4.

Request that the prosecuting attorney commence a criminal prosecution, seek a temporary restraining order or seek equitable relief to enjoin any act or practices and abate any conditions which constitute or will constitute a violation to this chapter.

D.

The stop work or restoration order shall become effective immediately upon receipt by the person to whom the order is directed.

E.

Failure to comply with the terms of a stop work or restoration order may result in additional enforcement actions including, but not limited to, the issuance of a civil infraction, or referral to the prosecuting attorney to seek equitable or injunctive relief or for criminal prosecution.

F.

All costs, fees, and expenses in connection with enforcement actions may be recovered as damages against the violator.

G.

No permit or approval shall be granted pursuant to this title if there exists on the subject property any land use violation known by the approval authority unless expressly authorized by this section. For purposes of this section, a land use violation is any violation of the Thurston County Critical Areas Ordinance (Title 24) the Thurston County Agricultural Activities Critical Areas Ordinance (Chapter 17.15 TCC), Thurston County Forest Land Conversion Ordinance (Chapter 17.25 TCC), Thurston County Zoning Ordinances (Titles 20, 21, 22 and 23 TCC), Thurston County Platting and Subdivision Ordinance (Title 18 TCC), Sanitary Code for Thurston County, Shoreline Master Program for the Thurston Region or Title 14 TCC (Buildings and Construction).

A permit or approval may be granted if conditioned on having the violation remedied within a reasonable time as provided by the approval authority. If a permit or approval is conditioned on remedial action, security in the form of a letter of credit or similar instrument shall be required unless waived by the approval authority for good cause. This section shall not apply to requests for a permit or approval to remedy a violation.

H.

The owner of property on which a violation of this chapter has occurred and the persons or entities carrying out actions in violation of this chapter are each responsible and liable for the violation.

I.

No use or activity listed in Tables 2 and 5 may be carried out within a critical area or its buffer until any violation of this chapter which has occurred in such critical area or buffer has been fully remedied.

(Ord. 12761 § 3, 2002; Ord. 11398 § 8 (part), 1997: Ord. 11200 § 12, 1996: Ord. 10528 § 1 (part), 1994)

(Ord. No. 14773, § 4(Att. C), 7-24-2012; Ord. No. 14961, § 1(Att. A), 12-17-2013)