14.15.160 Enforcement.
(1) The town attorney shall bring such injunctive, declaratory, or other actions as are necessary to insure compliance with this chapter.
(2) Any person who fails to comply with this chapter, by either engaging in activities within critical areas of the town of Cathlamet prohibited by this chapter or by failing to conform to the terms of a permit issued pursuant to this chapter, shall also be subject a to civil penalty of not less than $100.00 nor more than $1,000 for each violation. The severity of any penalty shall be based on the nature of the violation and the damage or risk to the public or to public resources. Each violation or each day of noncompliance, except for periods of appeal as defined in CMC 14.15.150, shall constitute a separate violation.
(3) Notice to Comply. If a violation of this chapter has occurred and the administrator determines that a stop work order is unnecessary, then the administrator shall issue and serve upon the applicant a notice which will clearly set forth:
(a)
(i) The specific nature, extent, and time of failure to comply with the terms of this chapter; and/or
(ii) The relevant provisions of this chapter relating thereto; and
(b) The specific course of action ordered by the administrator to be followed by the applicant to correct such failure to comply and to prevent, correct and/or compensate for material damage to critical areas which resulted from any violation of this chapter.
(4) The administrator shall have the authority to serve upon an applicant a stop work order which shall be a final order of the town of Cathlamet if immediate action is necessary to prevent continuation of or to avoid material damage to a critical area. The stop work order shall set forth:
(a) The specific nature, extent, and time of the violation;
(b) An order to stop all work connected with the violation; and
(c) The specific course of action needed to correct such violation and to correct and/or compensate for damage to critical areas which has resulted from any violation of this order.
(5) The civil penalty provided for in this section shall be imposed by a notice of infraction in writing either by certified mail with return receipt requested or by personal service, to the person incurring the same. The notice shall describe the violation with reasonable particularity and shall order the acts constituting the violation or the potential violation to cease and desist, and in appropriate cases, require necessary corrective action within a specific time. The administrator is authorized to issue a notice of infraction if an applicant has failed to take the corrective action specified in a notice to comply within 30 days of the issuance of such notice to comply, or if an applicant violates any stop work order issued pursuant to this section.
(6) Any civil penalty imposed pursuant to this section shall be subject to review by the council of the town of Cathlamet as provided in CMC 14.15.150.
(7) Any person subject to this chapter who violates any provision of this chapter or the provisions of a permit issued pursuant to this chapter 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 such violation. (Ord. 433 § 16, 2002)