18.140.050 Penalties.
The purpose of penalty provisions is to discourage violations of existing codes and regulations and to provide a mechanism to obtain redress for ecological, recreational, and economic values lost or damaged due to any unlawful actions.
A. Civil Infractions. Acts which are designated as civil infractions under this Code shall be prosecuted in accordance with Chapter 1.16 PCC. The designation of an act as a civil infraction shall not preclude the use of any other civil remedies provided in this Code or under State law. Violations of the following regulations are classified as Class 1 civil infractions:
1. PCC 18A.37.060, "Animals."
2. PCC 18A.37.070, "Motor Tracks."
3. PCC 18A.37.110, "Home Occupation."
4. PCC 18A.38.050 E., "Temporary Occupancy of Recreational Vehicle, Travel Trailer or Tent."
5. PCC 18A.38.050 F., "Temporary Storage in Cargo Containers."
6. PCC 18A.42.040, "Adult Magazine Sales as a Secondary Use."
7. Title 18B PCC, "Development Regulations – Signs."
B. Civil Penalty. The provisions of this subsection are in addition to and not in lieu of any other penalty, sanction, or right of action provided by law. Any person who fails to comply with the Development Regulations listed in PCC 18.140.020 and/or any person who fails to comply with a final written order may 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.
2. Each violation or each day of continued unlawful activity shall constitute a separate violation. Each day that a person fails to comply with the terms of a final written order shall constitute a separate violation.
3. 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.
4. The Director shall impose the penalty provided for in this Section by sending written notice, either by certified mail with return receipt requested or by personal service, to the person incurring the penalty. Such written notice shall describe the violation with reasonable particularity and shall order appropriate corrective action(s) to be taken within a specified time period.
5. If the penalty is not appealed, the violator will have up to 30 days after receipt of notice to pay the penalty.
6. Any violation of the Hearing Examiner Conditions that exceeds the requirements for a Minor Amendment as set forth in PCC 18.130.020 A. shall pay a penalty in the amount of one-half the cost of the original Land Use Application fee. This penalty may not be applied toward application fees.
7. The payment of a civil penalty for any violation shall not excuse the violation or allow it to continue.
8. Appeal of a civil penalty.
See PCC 18.140.040 C.
C. Misdemeanor. Except as provided in subsection A, it shall be a misdemeanor for any person, firm, corporation, or association or any agent of any person, firm, corporation, or association to knowingly perform any act in violation of any of the provisions of the regulations listed in PCC 18.140.020, or to knowingly fail to comply with the terms of a final written order after being served with a copy of the order. Service of the order shall be by any one or combination of the methods listed in PCC 18.140.040.A.4.
A misdemeanor under this Code shall be punishable by a fine of not more than $1,000.00 or by imprisonment of not more than 90 days, or both.
The imposition of a penalty for any violation shall not excuse the violation or allow it to continue.
Each person 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 Code is committed, continued, or permitted by such person.
D. Gross Misdemeanor. It shall be a gross misdemeanor for any person, firm, corporation, or association or any agent of any person, firm, corporation, or association to violate any provision of this Title:
1. Relating to the sale, offer for sale, lease or transfer of any lot, tract, or parcel of land in violation of State or local subdivision laws and/or regulations.
2. Any person found to have willfully engaged in activities on the shorelines of the state in violation of the provisions of this Title and/or the Shoreline Management Regulations, or who knowingly fails to comply with a written order regarding regulated activities on the shorelines of the state after being served with a copy of the order, shall be guilty of a gross misdemeanor pursuant to the provisions set forth in RCW 90.58.220. Service of the order shall be by any one or combination of the methods listed in PCC 18A.140.040 A.4.
E. Each Day a Separate Offense-Injunction. Each person, firm, or corporation found guilty of a violation shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of the regulations listed in PCC 18.140.020 is committed, continued, or permitted by such person, firm, or corporation and shall be punishable therefore as provided for in this Chapter; and any development, activity, use, occupation, building, or structure maintained contrary to the provisions hereof shall constitute a public nuisance and may be enjoined as provided by law.
F. Additional Penalties.
1. Failure to comply with any provision of the regulations listed in PCC 18.140.020 or any permit, approval, order, plat, or decision will be cause for withholding or withdrawing approval of the overall project plans, suspension or denial of any permit applications, revocation of approvals or permits, suspension of building submitted as part of an application to the County, and/or nonacceptance of the work by the County.
2. Any person who violates any provision of the Shoreline Management Regulations shall also be subject to additional penalties as set forth in RCW 90.58.210 and .230.
G. Recovery of Costs Incurred by the County.
1. Any person who discharges or causes a discharge which violates the County's National Pollutant Discharge Elimination System (NPDES) permit and/or produces a deposit or obstruction or causes damage to or impairs the County's stormwater disposal system 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 fine levied for the violation of the County's NPDES permit.
2. Any person violating any of the regulations listed in PCC 18.140.020 shall be liable to the County for any expense, loss or damage caused by such violation including the costs to the County for bringing the property back into compliance.
3. If a citizen submits more than three complaints within any two-year period which contain erroneous information or false allegations as determined by the Director, a Site Reconnaissance fee shall be required prior to investigation of each subsequent complaint that is filed. If the compliant is deemed to be a legitimate Code infraction, the fee shall be refunded.
4. A bill issued by the Director for collection of costs incurred under this subsection may be appealed to the Pierce County Hearing Examiner within 14 days of the date of the bill pursuant to PCC 1.22.090, Appeals of Administrative Decisions to the Examiner.