11.05.090 Penalties.
A. Enforcement Actions. The County shall be responsible for enforcing this Title. The County is authorized to issue violation notices, orders, levy fines, recover costs, issue notices of civil infraction, and/or institute both civil and criminal actions in the court. Recourse to any single remedy shall not preclude recourse to any other remedies available to the County.
B. Notice and Order to Correct. The County is authorized to issue a Notice of Violation and Order to Correct for violations of this Chapter to the individuals who own or maintain the property where the violation occurred. The order shall include the following:
1. Description of Violation. The Notice of Violation and Order to Correct shall describe the violation and shall order appropriate corrective action(s) to be taken within a specified time period.
2. Compliance. Every order shall require appropriate corrective action(s) to be completed within a specified time period.
3. Service. The Notice and Order shall be served by any one or combination of the following methods:
a. by both first class and certified mail with a return receipt requested; or
b. by posting the order in a prominent location on the property where the violation occurred, or
c. by personal service.
4. Appeals. Appeals of written orders shall proceed according to PCC 1.22.090, Pierce County Hearing Examiner Code, as an appeal of an administrative decision. The notice of the appeal shall be submitted at the Pierce County Development Center along with payment of the required appeal fee within 14 days of the date of the order. After hearing said matter, the Examiner shall issue a decision upholding, revoking, or modifying the order.
C. Civil Infraction. Failure to comply with the terms of a written order shall constitute a class 1 civil infraction to be prosecuted in accordance with Chapter 1.16 PCC. Each day that a person fails to comply with the terms of a written order issued under this Chapter shall constitute a separate violation.
D. Civil Penalty. The provisions of this Section are in addition to and not in lieu of any other penalty, sanction or right of action provided by law. The purpose of this penalty is to encourage compliance with this Chapter and to obtain redress for ecological, recreational, and economic values lost or damaged due to the unlawful action. Any person who fails to obtain a necessary permit for discharge into a drainage facility shall be assessed a civil penalty as follows:
1. The Director may assess the violator a civil penalty not to exceed $1,000.00 for each violation. Each violation or each day of continued unlawful activity shall constitute a separate violation.
2. Any person who, through an act of commission or omission, aids in a violation shall be considered to have committed the violation for purposes of the civil penalty.
3. The penalty provided for in this Section shall be imposed by the Director in writing, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty, describing the violation with reasonable particularity and ordering appropriate corrective action to be taken within a specified time.
4. Within 30 days after the notice of penalty is received, the person incurring the penalty may apply in writing to the Director for remission or mitigation of such penalty. Upon receipt of the application, the Director may remit or mitigate the penalty upon whatever terms is deemed proper to bring about compliance with this Chapter.
5. Any decision(s) regarding remission or mitigation of the penalties imposed pursuant to this subsection may be appealed to the Pierce County Hearing Examiner under Chapter 1.22 PCC as an appeal of an administrative decision. The appellant shall submit a notice of appeal at the Pierce County Development Center along with payment of the required appeal fee within 14 days of the date of the decision.
6. If the penalty is not appealed, the violator will have up to 30 days after receipt of notice for payment of the penalty, unless a written request is made to the Director and granted for a longer payment period.
7. All civil penalties recovered during the enforcement of this Section shall be deposited into a fund of the division taking the enforcement action and shall be used for the protection of surface and stormwater or groundwater as set forth in this Chapter.
E. Recovery of Costs Incurred by the County. Any person violating any of the provisions of this Chapter, who discharges or causes a discharge which violates the County's NPDES permit and/or produces a deposit or obstruction or causes damage to or impairs a drainage facility, or causes damage to physical, chemical, or biological systems, of waters of the State or waters of the United States, shall be liable to the County for any expense, loss, or damage caused by such violation or discharge, including the costs for bringing the County back into compliance with its NPDES permit associated with the violation of these regulations, and any fines levied for violations of the County's NPDES permit.
F. Appeal Rights of Recovery of Cost Assessments. A Billing Statement issued by the Director or designee is appealable within 14 days from the date of the letter. Appeals may be filed by submitting a $300.00 appeal fee along with written statement identifying the basis for disputing County claim to the Planning and Public Works Department.
G. Violators Punishable by Fine and Imprisonment. Any person who, without authorization, discharges pollutants into a drainage facility, uses an unapproved connection to discharge into a drainage facility, submits false information in permitting and reporting requirements, violates the terms and conditions of a permit, fails to comply with an order issued by the Director or designee, fails to pay a civil penalty or cost recovery assessment, or obstructs or damages a drainage facility shall be deemed guilty of a misdemeanor, and shall be punished by fine not to exceed $1,000.00 or by imprisonment not to exceed 90 days, or by both such a fine and imprisonment. Each person found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which the violation is committed, continued, or permitted by such person and shall be punishable as provided for in this Chapter. Any person who, through an act of commission or omission, procures, aids, or abets in violation shall be considered to have committed a violation for the purpose of this Section.
H. Injunction and other Civil Remedies. In addition to any other penalty or method of enforcement, the prosecuting attorney may bring civil actions and suits for damages, injunctive relief and/or for other civil remedies as necessary. Any violation of this Chapter shall constitute a public nuisance, and may be enjoined as provided by the Statutes of the State of Washington.