A. Pursuant to RCW 90.58.210(2) and WAC 173-27-280, any person who fails to conform to the terms of a substantial development permit, conditional use permit or variance issued under RCW 90.58.140, who undertakes a development or use on shorelines of the state within the city without first obtaining a permit, or who fails to comply with a cease and desist order shall be subject to a civil penalty not to exceed $1,000 for each violation. Each permit violation or each day of violation shall constitute a separate violation. The penalty shall be imposed pursuant to the procedure set forth in WAC 173-27-280 and become due and recovered as set forth in WAC 173-27-290(3) and (4). Persons incurring a penalty may appeal the same pursuant to WAC 173-27-290(1) and (2) to the hearing examiner.

B. In addition to incurring civil liability under subsection (A) of this section, pursuant to RCW 90.58.220, any person found to have willfully engaged in activities on shorelines of the state within the city in violation of the provisions of the Act or of this program or other regulations adopted pursuant thereto shall be guilty of a gross misdemeanor, and shall be punished by a fine of not less than $25.00 nor more than $1,000 or by imprisonment in the county jail for not more than 90 days, or by both such fine and imprisonment. The fine for the third and all subsequent violations in any five-year period shall be not less than $500.00 nor more than $10,000. Any person found to have willfully violated any court order or a cease and desist order issued pursuant to this program shall be subject to a fine of not more than $5,000, imprisonment in the county jail for not more than 90 days, or both. [Ord. 2013-02-005 § 2 (Exh. 1)].