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TUKWILA MUNICIPAL CODE <br />18.54.180 Enforcement <br />A. General - In addition to the Notice and Order measures <br />prescribed in TMC Chapter 8.45, Civil Violations, as now in effect <br />or as amended hereafter, the Director may take any or all of the <br />enforcement actions prescribed in this Ordinance to ensure <br />compliance with, and/or remedy a violation of this Ordinance; <br />and/or when immediate danger exists to the public or adjacent <br />property, as determined by the Director. <br />1. The Director may post the site with a "Stop Work" <br />order directing that all vegetation clearing not authorized under a <br />Tree Clearing Permit cease immediately. The issuance of a "Stop <br />Work" order may include conditions or other requirements which <br />must be fulfilled before clearing may resume. <br />2. The Director may, after written notice is given to the <br />applicant, OR after the site has been posted with a "Stop Work" <br />order, suspend or revoke any Tree Clearing Permit issued by the <br />City. <br />3. No person shall continue clearing in an area covered <br />by a Stop Work order, or during the suspension or revocation of a <br />Tree Clearing Permit, except work required to correct an imminent <br />safety hazard as prescribed by the Director. <br />B. Injunctive relief -Whenever the Director has reasonable <br />cause to believe that any person is violating or threatening to <br />violate this chapter or any provision of an approved Tree Clearing <br />Permit, the Director may institute a civil action in the name of the <br />City for injunctive relief to restrain the violation or threatened <br />violation. Such civil action may be instituted either before or after, <br />and in addition to, any other action, proceeding or penalty <br />authorized by this chapter or TMC Chapter 8.45. <br />C. Inspection access - <br />1. The Director may inspect a property for the purpose <br />of inspection for compliance with the provisions of a Tree Clearing <br />Permit or this chapter, consistent with TMC 8.45.070, Authority to <br />Inspect. <br />2. Where deemed necessary by the Director to ensure <br />compliance with permit requirements, upon completion of all <br />requirements of a Tree Clearing Permit, the applicant shall request <br />a final inspection by contacting the Director. The permit process <br />is complete upon final approval by the Director. <br />D. Remedial Measures Required -In addition to penalties <br />provided for in this chapter, the Director may require any person <br />conducting vegetation clearing in violation of this chapter to <br />mitigate the impacts of clearing by carrying out remedial <br />measures. The following provisions shall apply in instances <br />where such remedial measures are required: <br />1. The applicant shall satisfy the permit provisions as <br />specified in this chapter. <br />2. Remedial measures must conform to the purposes <br />and intent of this chapter. In addition, remedial measures must <br />meet the standards specified in this chapter, and applicable <br />standards for mitigation outlined in the Sensitive Areas Overlay <br />District chapter of this title. <br />3. Remedial measures must be completed to the <br />satisfaction of the Director within 6 months of the date a Notice <br />and Order is issued pursuant to TMC 8.45.040, or within the time <br />period otherwise specified by the Director. <br />4. The cost of any remedial measures necessary to <br />correct violation(s) of this chapter shall be bome by the property <br />owner and/or applicant. Upon the applicant's failure to implement <br />required remedial measures, the Director may redeem all or any <br />portion of any security submitted by the applicant to implement <br />such remedial measures, pursuant to the provisions of this <br />chapter. <br />(Ord. 1758 §1 (part), 1995) <br />18.54.190 Liability <br />A. Liability for any adverse impacts or damages resulting <br />from work performed in accordance with a Tree Clearing Permit <br />issued on behalf of the City within the City limits, shall be the sole <br />responsibility of the owner of the site for which the permit was <br />issued. <br />B. Issuance of a Tree Clearing Permit and/or compliance <br />with permit provisions or conditions shall not relieve an applicant <br />from any responsibility otherwise imposed by law for damage to <br />persons or property in an amount greater than the insured amount <br />required by this chapter. <br />C. Nothing contained in this chapter shall be deemed to <br />relieve any property owner within the City limits from the duty to <br />keep any tree or vegetation upon his property or under his control <br />in such condition as to prevent it from constituting a hazard or a <br />nuisance, per TMC Chapter 8.28. <br />D. The amount of any security shall not serve as a gauge or <br />limit to the compensation collected from a property owner as a <br />result of damages associated with any vegetation clearing. <br />(Ord, 1755 §1 (part), 1995) <br />18.54.200 ConflictsExisting <br />Ordinances <br />A. Whenever conflicts exist between this chapter and <br />federal, State or local laws, ordinances or regulations, the more <br />restrictive provisions shall apply. <br />B. Neither this chapter nor any administrative decisions <br />made under it exempts the permittee from procuring other required <br />permits or complying with the requirements and conditions of such <br />a permit. <br />(Ord. 1755 §1 (part), 1995) <br />Page 18-176 Produced by the City of Tukwila, City Clerk's Qui-fe <br />