HomeMy WebLinkAboutCOW 2009-11-23 Item 4I.1 - Shoreline Master Program - Attachment A.16: Enforcement and Penalties15. APPEALS
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use, Unclassified Use or Shoreline Variance must be appealed to
the Shoreline Hearing Board.
16. ENFORCEMENT AND PENALTIES
16.1 Violations
The following actions shall be considered violations of the Master Program:
A. To use, construct or demolish any structure, or to conduct clearing, earth moving,
construction or other development not authorized under a Substantial Development
Permit, Conditional Use Permit or Variance Permit, where such permit is required by the
Master Program.
B. Any work which is not conducted in accordance with the plans, conditions, or other
requirements in a permit approved pursuant to the Master Program, provided that the
terms or conditions are stated in the permit or the approved plans.
C. To remove or deface any sign, notice, complaint or order required by or posted in
accordance with the Master. Program.
D. To misrepresent any material fact in any application, plans or other information
submitted to obtain any shoreline use or development authorization.
E. To fail to comply with the requirements of the Master Program.
16.2 Enforcement
It shall be the duty of the Director to enforce the Master Program subject to the terms and
conditions of TMC Chapter 8.45.
16.3 Inspection Access
A. For the purpose of inspection for compliance with the provisions of a permit or the
Master Program, authorized representatives of the Director may enter all sites for which a
Permit has been issued.
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B. Upon completion of all requirements of a Permit, the applicant shall request a final
inspection by contacting the planner of record. The permit process is complete upon final
approval by the planner.
16.4 Penalties
A. Any violation of any provision of the SMP, or failure to comply with any of the
requirements of the SMP shall be subject to the penalties prescribed in Chapter 8.45 of
the Tukwila Municipal Code "Enforcement and shall be imposed pursuant to the
procedures and conditions set forth in that chapter.
B. Penalties assessed for violations of the SMP shall be determined by TMC Chapter
8.45.100, Penalties.
C. It shall not be a defense to the prosecution for failure to obtain a Permit required by
the Master Program, that a contractor, subcontractor, person with responsibility on the
site, or person authorizing or directing the work, erroneously believed a permit had been
issued to the property owner or any other person.
16.5 Remedial Measures Reauired
In addition to penalties provided in TMC Chapter 8.45, the Director may require any
person conducting work in violation of the Master Program to mitigate the impacts of
unauthorized work by carrying out remedial measures.
A. Remedial measures must conform to the policies and guidelines of the Master
Program and the Shoreline Management Act.
B. The cost of any remedial measures necessary to correct violation(s) of the Master
Program shall be borne by the property owner and/or applicant.
16.6 Iniunctive Relief
A. Whenever the City has reasonable cause to believe that any person is violating or
threatening to violate the Master Program or any rule or other provisions adopted or
issued pursuant to the Master Program, it may either before or after the institution of any
other action or proceeding authorized by this Ordinance, institute a civil action in the
name of the City for injunctive relief to restrain the violation or threatened violation.
Such action shall be brought in King County Superior Court.
B. The institution of an action for injunctive relief under this section shall not relieve any
party to such proceedings from any civil or criminal penalty prescribed for violations of
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the Master Program.
16.7 Abatement
Any use, structure, development or work that occurs in violation of the Master Program,
or in violation of any lawful order or requirement of the Director pursuant to this Section,
shall be deemed to be a public nuisance and may be abated in the manner provided by the
Tukwila Municipal Code 8.45.105.
17. MASTER PROGRAM REVIEW AND AMENDMENTS
17.1. This Master Program shall be periodically reviewed and adjustments shall be made
as are necessary to reflect changing local circumstances, new infoimation or
improved data, and changes in State statutes and regulations. This review process
shall be consistent with WAC 173 1926 and shall include a local citizen
involvement effort and public hearing to obtain the views and comments of the
public.
17.2 Any provision of this Master Program may be amended as provided for in RCW
90.58 and WAC 173 -19.26 Amendments or revisions to the Master Program, as
provided by law, do not become effective until approved by the Washington State
Department of Ecology.
17.3 Proposals for shoreline environment re- designations (i.e. amendments to the
shoreline maps and descriptions) must demonstrate consistency with the criteria set
forth in WAC 17346 26 -040 and this program.
18. LIABILITY
18.1. Liability for any adverse impacts or damages resulting from work performed in
accordance with a Permit issued on behalf of the City within the City limits, shall be
the sole responsibility of the owner of the site for which the Permit was issued.
18.2 No provision of or term used in the Master Program is intended to impose any duty
upon the City or any of its officers or employees that would subject them to damages
in a civil action.
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