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The purpose of the penalty provisions in this Section is to discourage violations of the Sewer Code. They are not intended to reflect, offset, or compensate for the actual, consequential, or other damages which may result from such violations and are not in lieu of any other penalty, sanction, or right of action provided by law. Should a conflict exist between the below penalty provisions and a more specific penalty provision within the Sewer Code, the specific provision shall prevail.

A. Any person who fails to comply with the provisions of this Sewer Code may be assessed a civil penalty as follows:

1. Notice of Violations.

a. The Director shall serve, by certified mail with return receipt requested or personal service, any person or entity violating any provision of this Sewer Code with a written notice of Sewer Code violation. Such notice shall describe the violation with reasonable particularity and order appropriate corrective actions to be taken or additional investigative action to be performed within a specified time period. The violator shall immediately cease all violations and complete all ordered actions within the provided period.

b. Any notice of violation may be appealed to the Hearing Examiner in accordance with PCC 1.22.090 as an appeal to an administrative order or decision. An appeal request shall be filed at the Planning and Public Works Department within 14 days of the date of the notice of violation. Failure to appeal is a waiver of all rights to challenge the allegations within the notice of violation.

2. Civil Penalties.

a. If the violator fails to comply with the notice of violation, the Director may impose a penalty not to exceed $1,000.00 per violation. The Director shall deliver the notice of penalty by certified mail with return receipt requested or personal service.

(1) Each Sewer Code violation constitutes a separate violation for which the Director may impose a separate penalty.

(2) Each day that a person fails to comply with the terms of a notice of violation constitutes a separate violation, for which the Director may impose an additional penalty by delivery of another notice of penalty. Each additional notice of penalty is subject to the mitigation and appeal processes available to the recipient under subsection A.2.b of this Section.

(3) Any person or entity who, through act or omission, aids in a Sewer Code violation shall be considered to have committed the violation for purposes of the civil penalty.

(4) A civil penalty constitutes a personal obligation of the person to whom the notice of civil violation is directed. Payment shall not excuse the violation or allow it to continue.

b. A person who receives a notice of penalty has three options, each of which must be performed within 14 days of the notice of penalty:

(1) Submit payment of the penalty in full;

(2) Submit in writing a request that the Director mitigate the penalty. By submitting a mitigation request, the right to appeal the notice of penalty under subsection A.2.b.(3) of this Section is waived. The mitigation request shall identify in detail all facts supporting the request. Upon receipt of the Director's decision, payment shall be due within 14 days; or

(3) Appeal the notice of penalty to the Hearing Examiner in accordance with PCC 1.22.090 as an appeal to an administrative order or decision. An appeal shall be filed at the Planning and Public Works Department within 14 days of the date of the notice of penalty. The only issue to be presented the Hearing Examiner during an appeal of a notice of penalty shall be whether the property owner has made progress in correcting the violations identified in the notice of violation that led to the issuance of the civil penalty. Payment shall be due within 30 calendar days of receipt of the Hearing Examiner's decision.

B. Criminal Penalties. It shall be a misdemeanor for any person or entity to knowingly perform any act in violation of any of the provisions of this Sewer Code or to knowingly fail to comply with a notice of violation.

1. A misdemeanor under this subsection shall be punishable by a fine of not more than $1,000.00 or by imprisonment of not more than 90 days, or both.

2. The imposition of a penalty for any violation shall not excuse the violation or allow it to continue.

3. Each person or entity found guilty of a misdemeanor shall be deemed guilty of a separate offense for each day during any portion of which any violation of any provision of this Sewer Code is committed, continued, or permitted by such person or entity.

C. Recovery of Costs Incurred by the County. Any person or entity who willfully or negligently breaks, damages, destroys, uncovers, defaces, or tampers with any structure, appurtenance, or piece of equipment which is a part of the public sewer system or who willfully or negligently throws, dumps, or otherwise introduces any dirt, rocks, sticks, debris or any other foreign matter or unpermitted waste into the public sewer system shall be liable to the County for all costs, including personnel costs and reasonable attorney fees, to repair, replace, or restore the public sewer system.

A bill issued by the Department for collection of costs incurred by the County under this subsection may be appealed to the Hearing Examiner in accordance with PCC 1.22.090 as an appeal to an administrative order or decision. The appeal shall be filed at the Planning and Public Works Department within 14 days of the date of the bill. Payment shall be due within 30 calendar days of receipt of the Hearing Examiner's decision.

D. Fees and Charges. The County may impose reasonable violation fees and charges on a time-and-material basis to recover its costs for activities undertaken as a result of any person who violates the provisions of this Sewer Code.

1. These fees and charges relate solely to the violation matters set forth in this Chapter and are separate from all other fees, fines, or penalties chargeable by the County pursuant to RCW 36.94.150.

2. Time and materials charges, which are tied to direct costs such as labor, equipment, and materials, shall be adjusted accordingly as those costs increase or decrease over time.

(Ord. 2019-35 § 1 (part), 2019; Ord. 2018-99s § 1 (part), 2018; Ord. 2013-25s § 2 (part), 2013)