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A. Pursuant to RCW 90.58.210(1), the city, where authorized, shall bring such injunctive, declaratory, or other actions as are necessary to insure that no uses are made of the shorelines of the state within the city in conflict with the provisions of this program, the Act, or other regulations adopted pursuant thereto, and to otherwise enforce the provisions of this program.

B. Pursuant to RCW 90.58.230, any person subject to the regulatory provisions of this program or the Act who violates any provision thereof, or permit or permit condition issued pursuant thereto shall be liable for all damage to public or private property arising from such violation, including the cost of restoring the affected area to its conditions prior to violation. The city attorney shall bring suit for damages under this section on behalf of the city. If liability has been established for the cost of restoring an area affected by a violation, the court shall make provision to assure that restoration will be accomplished within a reasonable time at the expense of the violator. In addition to such relief, including money damages, the court in its discretion may award attorney’s fees and costs of the suit to the prevailing party.

C. Pursuant to WAC 173-27-270, the planning and community development department director shall have the authority to serve upon a person a cease and desist order if an activity being undertaken on shorelines of the state within the city is in violation of the Act or this program, or of any permit issued pursuant thereto. The director shall follow the procedure set forth in WAC 173-27-270 in issuing a cease and desist order.

D. 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 program, the planning and community development department director or its 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 cease and desist order.

2. To Investigate Violations and Corrections. The planning and community development department director or its designee is authorized to enter upon property to determine whether the provisions of the Act and this program 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 program.

E. Abatement. Structures or development on shorelines considered by the city to present a hazard or other public nuisance to persons, properties, or natural features may be abated by the city under the provisions of the International Building Code, International Property Maintenance Code, or by other appropriate means. [Ord. 2013-02-005 § 2 (Exh. 1)].