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Environmental Policy Act, of the Port Townsend Municipal Code is hereby repealed and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
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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
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