14.48.240 - Penalty recovered.
Enforcement action shall be in accordance with this chapter whenever a person has violated any provision of this chapter. The choice of enforcement action and the severity of any penalty shall be based on the nature of the violation, the damage or risk to the public or to public resources, and/or the degree of bad faith of the person subject to the enforcement action.
(Ord. 81-08 (part), 2008).
The director shall have the authority to serve a person a stop work order if an action is being undertaken in violation of this chapter.
(1)
Content of Order. The order shall contain:
(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, and, in appropriate cases, the specific corrective action to be taken within a given time. A civil penalty under Section 14.48.220 below may be issued with the order.
(2)
Notice. A stop work order shall be imposed by a notice in writing, either by certified mail with return receipt requested, or by personal service, to the person incurring the same.
(3)
Effective Date. The stop work order issued under this section shall become effective immediately upon receipt by the person to whom the order is directed.
(4)
Compliance. Failure to comply with the terms of a stop work order shall result in enforcement actions including, but not limited to, the issuance of a civil penalty.
(Ord. 81-08 (part), 2008).
A person who fails to comply with the requirements of this chapter, who fails to conform to the terms of an approval order issued, who undertakes new development without first obtaining county approval, or who fails to comply with a stop work order issued under these regulations shall be deemed to be in violation of this chapter and subject to a civil penalty.
(1)
Amount of Penalty. The penalty shall not be less than fifty dollars or exceed one hundred dollars for each site per day. Each day of continued violation or repeated violation shall constitute a separate violation.
(2)
Aiding and Abetting. Any person who, through an act of commission or omission, aids or abets in the violation shall be considered to have committed a violation for the purposes of the civil penalty.
(3)
Notice of Penalty. A civil penalty shall be imposed by a notice in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the same from the county. The notice shall describe the violation, approximate the date(s) of violation, and shall order the acts constituting the violation to cease and desist, and, in appropriate cases, require necessary corrective action within a specified time.
(4)
Application for Remission or Mitigation. Any person incurring a penalty may apply in writing within ten business days of receipt of the penalty to the county public works director for remission or mitigation of such penalty. Upon receipt of the application, the county public works director may remit or mitigate the penalty only upon a demonstration of extraordinary circumstances, such as the presence of information or factors not considered in setting the original penalty. The decision may be appealed to the board of county commissioners within ten business days of the decision.
(5)
Appeal of Civil Penalty. Persons incurring a penalty imposed by the director may appeal in writing within ten business days of the receipt of the penalty to the board of Mason County commissioners. The commissioner's decision may be appealed to the Mason County superior court within ten business days of the decision.
(Ord. 81-08 (part), 2008).
Penalties imposed under this section shall become due and payable thirty days after receiving it unless application for remission or mitigation is made or an appeal is filed. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty days after the receipt of the decision regarding the remission or mitigation. Whenever an appeal of a penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the county is not paid within the time specified, the county shall take actions necessary to recover such penalty.
(Ord. 81-08 (part), 2008).
14.48.240 - Penalty recovered.
Penalties recovered shall be paid to a fund established by the board of Mason County commissioners, dedicated to enforcement, education, and/or enhancement of the stormwater management program.
(Ord. 81-08 (part), 2008).