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2. The planning director shall require restoration of the unauthorized area of alteration to a <br />condition which is equivalent or superior to its prior natural condition, to the extent that <br />such condition can be determined. As an alternative to restoration of the illegally altered <br />critical area, the planning director may allow for the recreation of wetlands, stream <br />corridors, or habitat areas of the same type which have been altered in a different <br />location than that which has been altered if the alternative location will result in a net <br />improvement in functions or a higher quality critical area than possible in the area <br />which has been previously altered. <br />3. Any illegal alteration of a critical area that occurred prior to the effective date of this <br />chapter which is not proposed for development as allowed by this chapter shall be <br />restored as provided by this section. <br />(This section shall be codified as EMC 19.37.250.) <br />Section 26: Enforcement—Violation—Penalties. <br />Notwithstanding the enforcement, violation and penalties provision found in Chapter 41 of this <br />title, the provisions set forth in this section shall apply to all violations of this chapter. Penalty <br />and enforcement provided in this section shall not be deemed exclusive, and the city may pursue <br />any remedy or relief it deems appropriate. <br />A. Any person, firm, corporation, or association or any agent thereof who violates any of the <br />provisions of this chapter shall be subject to the provisions of Chapter 1.20. <br />B. Any person, firm, corporation, or association or any agent thereof who violates any of the <br />provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed <br />one thousand dollars. It shall be a separate offense for each and every day or portion <br />thereof during which any violation of any provisions of this chapter is committed. <br />C. Any person, firm, corporation, or association or any agent thereof who violates any of the <br />provisions of this chapter is liable for all damages to public or private property arising <br />from such violation, including the cost of restoring the affected area to an equivalent or <br />improved condition prior to the violation occurring. If an equivalent condition cannot be <br />provided, the violator shall be subject to a fine in an amount equal to the value of the <br />damage to the critical area, determined using best available methods of calculating the <br />value of vegetation, land and water resources, including but not limited to the evaluation <br />methods of the International Society of Arboriculture. <br />D. Restoration shall include, but not be limited to, the replacement of all improperly removed <br />ground cover with species similar to those which were removed or other approved species <br />such that the biological and habitat values will be replaced, improper fill removed and <br />slope stabilized. Studies by the qualified experts shall be submitted to determine the <br />conditions which were likely to exist on the lot prior to the illegal alteration. <br />E. Restoration shall also include installation and maintenance of interim and emergency <br />erosion controls measures until such time as the restored ground cover and vegetation <br />57 <br />