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HomeMy WebLinkAbout2512 Zoning and SEPA EnforcementOrdinance No. ~,~ J'~ 2_ AN ORDINANCE OF THE CITY OF PORT TOWNSEND: (1) REPEALING AND REPLACING SECTION 19.04.300, VIOLATIONS AND PENALTIES, OF CHAPTER 19.04, STATE ENVIRONMENTAL POLICY ACT; AND (2) SECTION 19.05.120, VIOLATIONS AND PENALTIES, OF CHAPTER 19.05, ENVIRONMENTALLY SENSITIVE AREAS, AND AMENDING SECTION 19.05.150, SUSPENSION-REVOCATION, OF THE PORT TOWNSEND MU~OCIPAL CODE TO ESTABLISH NEW LAND USE ADMINISTRATION AND ENFORCEMENT. WHEREAS, the City Council desires to update the enforcement and penalties provisions of the zoning and other City codes by modifying the requirement that the City pursue criminal remedies as an exclusive remedy for violations of environmental protection ordinances; and WHF_aREAS, the City Council desires to make violations of the environmental protection codes primarily a civil infraction; and WHEREAS, the City Council desires to combine the enforcement sections of the various land use codes into one chapter, in order to create one uniform procedure and make the process easier for the public to understand and City staff to implement; and NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. The text of Section 300, Violations and penalties, Chapter 19.04, State Environmental Policy Act, of the Port Townsend Municipal Code is hereby repealed and replaced as follows: 19.04.300 Violations and penalties. A. Director's Authority. Whenever the director, or his or her designee ("director"), determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 20.10 Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit issued hereunder, are made subject to the provisions of Chapter 20.10 PTMC. The director is authorized to order correction and discontinuance of any violative condition of the provisions of this chapter under the procedures of Chapter 20.10 PTMC, which provide for voluntary correction orders, formal notice and orders to correct the violation, abatement orders, stop work and emergency orders and assessment of civil penalties. C. Order to Cease Violation. Whenever any such violative condition is found, pending commencement and completion of the voluntary correction and/or notice and order procedures of Chapter 20.10 PTMC, the director may order the cessation of activity causing the violative condition by notice in writing served on or mailed to the person(s) engaged in or causing such condition. The effect of such order shall be to require immediate cessation of any activity causing the violative condition. Such order shall not be affected by any right of appeal afforded by this or any other code provision. D. Public Nuisance. All violations of this chapter and standards required thereby, are determined to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined by the director to be in violation of this chapter or standards required thereby, shall be subject to the provisions of this chapter and shall be corrected by any. reasonable and lawful means, as further set forth in Chapter 20.10. E. Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this chapter or by law or other ordinance, any person who willfully or knowingly violates or fails to comply with any stop work order or emergency order, issued pursuant to Chapter 20.10 PTMC is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 20.10.060, PTMC. Each day such violation or failure to comply continues shall be considered an additional misdemeanor offense. (Ord.c~/~l. § 1, 1996.) Section 2. The text of Section 120, Violations and penal'es, Chapter 19.05, Environmentally Sensitive Areas, of the Port Townsend Municipal Code is hereby repealed and replaced as follows: 19.05.120 Violations and penalties. A. Director's Authority. Whenever the director, or his or her designee ("director"), determines that a condition exists in violation of this chapter or any standard required to be adhered to by this chapter, or in violation of any permit issued hereunder, he or she is authorized to enforce the provisions of this chapter. B. Chapter 20.10 Applicable. All violations of any provision of this chapter or incorporated standards, or of any permit issued hereunder, are made subject to the provisions of Chapter 20.10 PTMC. The director is authorized to order correction and discontinuance of any violative condition of the provisions of this chapter under the procedures of Chapter 20.10 PTMC, which provide for voluntary correction orders, formal notice and orders to correct the violation, abatement orders, stop work and emergency orders and assessment of civil penalties. C. Order to Cease Violation. Whenever any such violative condition is found, pending commencement and completion of the voluntary correction and/or notice and order procedures of Chapter 20.10 PTMC, the director may order the cessation of activity causing the violative condition by notice in writing served on or mailed to the person(s) engaged in or causing such condition. The effect of such order shall be to require immediate cessation of any activity 2 09 causing the violative condition. Such order shall not be affected by any right of appeal afforded by this or any other code provision. D. Public Nuisance. All violations of this chapter and standards required thereby, are determined to be detrimental to the public health, safety, and welfare and are public nuisances. All conditions which are determined by the director to be in violation of this chapter or standards required thereby, shall be subject to the provisions of this chapter and shall be corrected by any reasonable and lawful means, as provided in Chapter 20.10. E. Alternative Remedies. As an alternative to any other judicial or administrative remedy provided in this chapter or by law or other ordinance, any person who willfully or knowingly violates or falls to comply with any stop work order or emergency order, issued pursuant to Chapter 20.10 PTMC is guilty of a misdemeanor and upon conviction shall be punished as provided in Section 20.10.060, PTMC. Each.day such violation or failure to comply continues shall be considered an additional misdemeanor offense. (Ord. 23"'/2- § 2, 1996.) Section 3. The text of Section 150, Suspension Revocation, Chapter 19.05, Environmentally Sensitive Areas of the Port Townsend Municipal Code is hereby amended to read as follows: 19.05.150 Suspension - Revocation. In addition to c,t~¢r enforcement procedures and penalties provided for cl-oewl,ere in Chapter 20,10 PTMC, the director may suspend or revoke a permit if (s)he finds that the applicant or permittee has not complied with any or all of the conditions or limitations set forth in accordance with this chapter, has exceeded the scope of work set forth in the permit, or has failed to undertake the project in the manner set forth in the approved application. (Ord. ~3'-/7_ § 3, 1996; Ord. 2319 § 1, 1992). Section 4. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or part of this law are declared severable. This ordinance shall become effective March 1, 1996, upon its approval and publication in the form and manner required by law. Read for the fn'st, second, and third times and passed by the City rC~.uncil of the City of Port Townsend, Washington, at a regular meeting thereof, held this ~O~ day of February, 1996. Attest: Approw City Attorney 01/30/96 [95-021] Ord\Enforce{Enfrl9.doe} Julie M~Culloch, Mayor 4