Ordinance 3676-19 - Laserfiche WebLink

19.37.260 Enforcement—Restoration plans` olation-- T Notwithstanding the enforcement,violation and penalties provision found in Chapter 19.41 of this title, the provisions set forth in this section shall apply to all violations of this chapter. Penalty and enforcement provided in this section shall not be deemed exclusive, and the city may pursue any remedy or relief it deems appropriate. A. Any person,firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter shall be subject to the enforcement provisions of Chapter 1.20 and this title. B. Any person, firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter is guilty of a misdemeanor punishable by a fine not to exceed one thousand dollars. It shall be a separate offense for each and every day or portion thereof during which any violation of any provisions of this chapter is committed. Restoration of impacts required.Any person,firm, corporation, or association or any agent thereof who violates any of the provisions of this chapter is liable for all damages to public or private property arising from such violation, including the cost ofunauthorized impacts on a critical area feature or buffer will require restoration of restoring the affected area to an equivalent or improved condition prior to the violation occurring. If an equivalent condition cannot be provided, the violator shall be subject to a fine ina fine is required, it shall be based on an amount equal to the value of the damage to the critical area, determined using best available methods of calculating the value of vegetation, land and water resources, including but not limited to the evaluation methods of the International Society of Arboriculture. A restoration plan and Public Works permit may be required by the City as provided herein. C9. Restoration plans shall include, but not be limited to,the replacement of all improperly removed ground cover with species similar to those which were removed or other approved species such that the biological and habitat values will be replaced, improper fill removed and slope stabilized. Studies by the qualified experts shall be submitted to determine the conditions which were likely to exist on the lot prior to the illegal alteration. D . Restoration shall also include installation and maintenance of interim and emergency erosion controls measures until such time as the restored ground cover and vegetation reach sufficient maturation to function in compliance with the performance standards adopted by the city. EP. The city shall stop work on any existing permits and halt the issuance of any or all future permits or approvals for any activity which violates the provisions of this chapter until the property is fully restored in compliance with this chapter and all penalties are paid. provisions of this chapter or the failure to comply with the provisions of this chapter is declared to be a public nuisance. H. The city is authorized to apply to any court of competent jurisdiction and any such court, upon any person, firm, and/or corporation from violating any of the provisions of this chapter and compelling compliance with the provisions thereof.The violator shall comply with the injunction and pay all costs incurred by the city in seeking the injunction. (Ord. 2909 06 § 26, 2006) Planning Commission Resolution 19-04 Page 69 Critical Areas March 19, 2019