16.55.040 Enforcement and penalties.
A. Rights of Entry.
1. For Permitting or Inspection of Work Conducted Under Permit. Whenever a person applies for a permit or approval under any section of this chapter, the director’s designee shall have a limited right of entry during the city’s normal business hours to conduct studies necessary to determine whether to approve the proposal or to inspect work being conducted under the permit or approval. The property owner’s failure to grant permission for the designee to enter the property shall be grounds for denial of the permit or issuance of a stop work order.
2. To Investigate Violations and Corrections. The director’s designee is authorized to enter upon property to determine whether the provisions of this chapter are being obeyed and to make any examinations, surveys, and studies as may be necessary in the performance of his or her duties. The designee shall obtain the property owner’s permission prior to entry. If the property owner declines to give permission or cannot be located, the designee shall enter upon the property only in a manner consistent with the constitutions and laws of the United States and the state of Washington. If so required by the constitutions and laws of the United States and the state of Washington, the designee shall apply to a court of competent jurisdiction for a search warrant authorizing access to such property for such purpose.
3. Search Warrants. Both Bellingham municipal court and Whatcom County superior court are authorized to issue search warrants under this chapter.
B. Civil Violations and Penalties.
1. Any person who violates any provision of this chapter shall be subject to a civil infraction not to exceed $1,000 for each violation. The minimum civil penalty shall be $100.00.
2. Each violation of this chapter shall be a separate offense, and in the case of a continuing violation, each day’s continuance shall be deemed to be a separate and distinct violation.
3. Civil infractions under this chapter shall be issued and processed in accordance with Chapter 7.80 RCW.
4. All civil infractions under this chapter shall be heard by municipal court.
C. Criminal Violations and Penalties.
1. Any person who intentionally, knowingly, recklessly, or criminally negligently violates any provision of this chapter shall be guilty of a gross misdemeanor.
2. Any person convicted of a crime under subsection (C)(1) of this section shall be punished by a fine of not more than $5,000 and/or imprisonment of not more than 364 days. In no case shall such a violation be punished by a fine of less than $250.00.
D. Stop Work Orders.
1. Whenever any work or development is being done or use is being conducted contrary to the provisions of this chapter, the director’s designee may issue a stop work order requiring that all work on the project be stopped or that the use be discontinued.
2. Issuance of a stop work order shall not bar the imposition of a civil or criminal penalty under this chapter or the use of any other provision of this chapter.
3. It is unlawful for any person with actual or constructive knowledge of the issuance of a stop work order pursuant to this chapter to do work or an activity prohibited by the order until the director’s designee has removed or lifted the order and issued written authorization for the work or activity to be continued. Violation of a stop work order shall be a gross misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than $5,000 and/or imprisonment for not more than 364 days. Each day or part thereof during which any violation is committed shall constitute a separate offense.
4. The designee may immediately seek issuance of a criminal citation through the Bellingham police department where there is a violation of a stop work order. Any violator of a stop work order may be subject to arrest if the violation is committed in the presence of an officer per RCW 10.31.100.
E. Critical area and Buffer Restoration. In the event of a violation of this chapter, the director shall have the authority to order critical area or buffer restoration measures for the damaged or destroyed area by the person and/or property owner responsible for the violation. The party responsible for the violation shall restore, or otherwise mitigate for, the damaged area by obtaining a critical area permit conditioned such to meet the provisions of this chapter. The critical area permit application shall include all the critical area report requirements, including compensatory mitigation, for the specific critical area. If the responsible party does not comply, the city may either issue a civil infraction or restore the affected critical area and/or buffer to its prior condition.
F. Recovery of Enforcement and Other Costs.
1. In addition to other remedies available under this chapter, the city may charge any property owner who violates any provision of this chapter with the costs of enforcement, restoration, abatement, and bringing the violations into compliance.
2. The city may collect these costs by turning the debt over to a collection agency, filing a civil lawsuit, filing a lien against the property, or any other legal means. [Ord. 2016-02-005 § 2; Ord. 2013-02-006 § 15; Ord. 2005-11-092].