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Home My WebLink Aboutord1997-052WHATCOM COUNTY COUNCIL AGENDA BILL NO. 97 -316 rLEARANCES Initial Date Date Received in Council Office: Agenda date Assigned to: ginator: Jeff Griffin Division Head: Sylvia Goodwin JG 08/29/9 - l a P C` �� .�^ c . j I j 4` r HA TC(, M (D''OU NTY L.rOUNICI 9/9/97 Council introduction 9/23/97 Hearing Dept. Head: Michael T. Knapp ` 3� Prosecutor: Karen Frakes Purchasing/Budget: Executive: Pete Kremen SUBJECT: AN ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM TO ALLOW CIVIL PENALTIES ATTACHMENTS: Proposed Ordinance Request letter from Forestry Forum SUMIVIARYSTATEMENT. Please complete sections of box as appropriate & explain the item below. Related County contract #: n/a Should Clerk schedule a hearing? NO / / YES /X/ Requested date: 9/23/97 Amount budgeted for this item/project: $ n/a Is it (or will it be) within budget? YES /X / NO / / (Please explain below) n/a Budget line item number(s): n/a proposed ordinance amends the Whatcom County Shoreline Program by adding provisions to allow the County to t, _sue civil penalties. ORIGINATOR'S RECOMMENDED ACTION. • The Director of Planning & Development Services recommends the Council adopt the proposed ordinance. COMMITTEE ACTION TAKEN.• COUNCIL ACTION TAKEN. 1: 1997 -316 9/9/97: Introduced 9/23/97: Adopted 7 - 0. Ord. #97 -052 Related File Numbers: Ordinance or Resolution Number (this item only): t� 1 M 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 20 21 22 23 24 25 26 27 28 INTRODUCED BY. • Consent PROPOSED BY.- PLANNING DATE: ORDINANCE NO. 97 -052 AN ORDINANCE AMENDING THE WHATCOM COUNTY SHORELINE MANAGEMENT PROGRAM TO ALLOW CIVIL PENALTIES WHEREAS, the Lake Whatcom Forestry Forum has recommended amending the text of the Whatcom County Shoreline Management, Title 23, to establish a civil penalty system; and, WHEREAS, enforcement is a problem for Whatcom County with the present system under the shoreline code treating minor offenses as criminal, which requires the county to eventually press criminal charges in order to fully enforce the letter of the law; and, WHEREAS, RCW 90.58.210 and Chapter 173 -27 WAC, Shoreline Management Permit and Enforcement Procedures, Section 280 permits the use of civil penalties by local governments; and WHEREAS, the amendments will bring the County into further compliance with the recently adopted Washington Administrative Code, Chapter 173 -27; and NOW THEREFORE BE IT ORDAINED BY THE WHATCOM COUNTY COUNCIL: 1. Title 23, the Official Whatcom County Shoreline Program, is hereby amended as shown in the attached Exhibit A. 2. The Council finds the public health, safety and general welfare are promoted by this change. 3. Adjudication of invalidity of any of the sections, clauses, or provisions of this Ordinance shall not affect or impair the validity of the Ordinance as a whole or any part thereof other than the part so declared to be invalid. PASSED this 23 day of September 1997 WHATCOM COUNTY COUNCIL AT T: WHATCOM COUNTY, WASHINGTON i Dana Br - ouncil Clerk L - Ward Nelson, Ch irperson APPROV' as to form: ( pproved () Denied r Karen Frakes, Civil Deputy 0osecutor Pete remen, Executive Date: F /LE REF.• . ORD [c: I f212 U %rg Page 2 EXHIBIT A TITLE 23 -THE WHATCOM COUNTY SHORELINE PROGRAM 23.80.20 VIOLATIONS AND PENALTIES .21 In addition to incurring civil liability under Section 23.80.30 and RCW 90.58.210, pursuant to RCW 90.58.220 any person found to have willfully engaged in activities on shorelines of the state in violation of the provisions of the act or of this Program, or other regulations adopted pursuant thereto shall be punished by a fine of not less than 25 or more than $1,000 or by imprisonment in the County jail for not more than 90 days, or by both such fine and imprisonment; PROVIDED that, the fine for the third and all subsequent violations in any five year period shall not be less than $500 nor more than $10,000. .22 Any person who willfully violates any court order, regulatory order of injunction 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. 23.80.30 REMEDIES .31 The Whatcom County Prosecuting Attorney, or Administrator, 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 located within Whatcom County 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. 32 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 Whatcom County Prosecuting Attorney shall bring suit for damages under this section on their own behalf and on the behalf of all persons similarly situated. 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. The�A Md 01istrator shc' being undertaken on s in s�sutngFacease and 'Ciesist i—de"r X34: Aperson�rhofiails to conform to thfersofasu t7s2tatialdlo�rentief'eoliional use: p The ll�be imposed pursuant tQ the p = "fir e �ri WA�C 1 3 �80� d �e ome recoyer�d�s setforth in WAC�'L73 27� -290 n Pe�o"r�sincurr�ng�a per�aity�may�appea�f�a�i� tohe,Gounty Council: pursuant to WAG 77�290� (ar�(2k ._ The�A Md 01istrator shc' being undertaken on s in s�sutngFacease and 'Ciesist i—de"r X34: Aperson�rhofiails to conform to thfersofasu t7s2tatialdlo�rentief'eoliional use: p The ll�be imposed pursuant tQ the p = "fir e �ri WA�C 1 3 �80� d �e ome recoyer�d�s setforth in WAC�'L73 27� -290 n Pe�o"r�sincurr�ng�a per�aity�may�appea�f�a�i� tohe,Gounty Council: pursuant to WAG 77�290� (ar�(2k