HomeMy WebLinkAbout2370 Amending Ordinance 2367 - State Environmental Policy Act (SEPA) ProvisionsORDINANCE NO. ,~'~'~ 7~
AN ORDINANCE AMENDING ORDINANCE NUMBER 2367 AND SECTION
19.04.300 OF THE PORT TOWNSEND MUNICIPAL CODE RELATING. TO
STATE ENVIRONMENTAL POLICY ACT (SEPA) ADMINISTRATION BY
THE CITY, SPECIFICALLY TO CORRECT A CLERICAL ERROR WITHIN
ORDINANCE 23'67 WITH RESPECT TO EMERGENCY ORDER
AUTHORITY IN ENFORCEMENT OF CHAPTER 19.04.
WHEREAS, the City of Port Townsend recently adopted Ordinance 2367 establishing
revised procedures for administration of the State Environmental Policy Act in the City of Port
Townsend; and
WHEREAS, a clerical error was made in the text of Section 19.04.300 of the Chapter
by leaving out a portion of the text which had appeared in earlier drafts regarding authority for
emergency orders to resolve certain violations of the Ordinance; and
WHEREAS, the City Couficil wishes to correct the clerical error by reinserting the
correct text in this amendatory Ordinance;
THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND IN REGULAR
SESSION ASSEMBLED, DOES ORDAIN AS FOLLOWS:
Section 1. Section 19.04.300 is hereby amended to read as follows:
19.04.300 Violations and Penalties.
A. It shall be a violation of this Chapter for any person, firm or corporation to erect,
construct, modify, improve, enlarge, repair, move, remove, convert or demolish, occupy or
maintain any property, vegetation, building or structure contrary to or in violation of any
provision of this Chapter, or in violation of any decision, condition of approval or agreed upon
condition or feature of a proposal subject to the provisions of this Chapter. It shall be a
violation of the Chapter for any person, firm or corporation to knowingly aid and abet, counsel,
encourage, hire, commend, induce or otherwise procure another to violate or fail to comply with
this Chapter. It shall also be a violation of this Chapter for any person, firm or corporation to
fail to pay any fees when due or fail to follow any order or procedure required by or under this
Chapter.
B. Any owner, person, firm or corporation who fails to comply with any provision
of this Chapter or any notice, decision or order issued by the Director pursuant to this Chapter
shall be subject to a cumulative civil penalty in the amount of Five Hundred Dollars ($500.00)
per day for each day of noncompliance, measured from the date the violation begins or occurs
until the owner, person, firm or corporation complies with' the requirements of this Chapter.
The Director shall notify the City Attorney in writing of the name of any person subject to the
penalty, and shall assist the City Attorney in collecting the penalty.
C. Stop Work Order. Whenever a continuing violation of this Chapter will materially
impair the Director's ability to secure compliance with this Chapter, when the continuing
violation threatens the health or safety of the public, or when the continuing violation threatens
or harms the environment, the Director may issue a Stop Work Order specifying the violation
and prohibiting any work or other activity at the site. The posting of the Stop Work Order on
the site shall be deemed adequate notice of the Stop Work Order. A failure to comply with a
Stop Work Order shall constitute a violation of this Chapter.
D. Emergency Order. Whenever any use or activity in violation of this Chapter
threatens the health and safety of the occupants of the premises or property or any member of
the public or environment, the Director may issue an Emergency Order directing that the use
or activity be discontinued and the condition causing the threat to the public health and safety
or threat and harm to the environment be corrected. The Emergency Order shall' specify the
time for compliance and shall be posted in a conspicuous place on the property, if posting is
physically possible. A failure to comply with an Emergency Order shall constitute a violation
of this Chapter. Any condition described in the Emergency Order which is not corrected within
the time specified is hereby declared to be a public nuisance and the Director is authorized to
abate such nuisance summarily by such means as may be available. The cost of such abatement
shall be recoverable from the owner or person responsible or both in the manner provided by
law.
E. Criminal Penalty. Anyone violating this Chapter or failing to comply with any
order issued by the Director pursuant to this Chapter shall, upon conviction thereof, be punished
by a fine of not more than One Thousand Dollars ($1,000.00) or by imprisonment for not more
than 360 days, or by both such fine and imprisonment. Each day's violation or failure to
comply shall constitute a separate offense. Anyone violating or failing to comply with any of
the provisions of this Chapter and who within the past five (5) years has had a judgement against
them pursuant to this subsection shall, upon conviction thereof, additionally be fined in a sum
not to exceed Five Hundred Dollars ($500.00) or by imprisonment for not more than one
hundred and eighty (180) days, or by both such fine and imprisonment. Each day's violation
or failure to comply shall constitute a separate offense.
Section 2. Effective Date.
passage and publication.
This Ordinance shall become effective five (5) days after its
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Read for the first, second and third times and passed by the .City Council this sixteenth
day of August, 1993.
Attest:
l~avid A. Grove, Cle~i~eas~rer ~/ John M. Clise,
Approved aS to form:
Mayor
Dennis McLermn, City Attorney
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