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(a) Notice of Violation: When the City of Kent determines that a land Development activity is not being carried out in accordance with the requirements of this local law, it may issue a written notice of violation to the landowner. The notice of violation shall contain:
(1) The name and address of the landowner, developer or applicant.
(2) The address when available or a description of the building, structure or land upon which the violation is occurring.
(3) A statement specifying the nature of the violation.
(4) A description of the remedial measures necessary to bring the land Development activity into compliance with this local law and a time schedule for the completion of such remedial action.
(5) A statement of the penalty or penalties that shall or may be assessed against the person to whom the notice of violation is directed.
(6) A statement that the determination of violation may be appealed to the municipality by filing a written notice of appeal within fifteen (15) days of service of notice of violation.
(b) Stop Work Orders: The City of Kent may issue a stop work order for violations of this law. Persons receiving a stop work order shall be required to halt all land Development activities, except those activities that address the violations leading to the stop work order. The stop work order shall be in effect until the City of Kent confirms that the land Development activity is in compliance and the violation has been satisfactorily addressed. Failure to address a stop work order in a timely manner may result in civil, criminal, or monetary penalties in accordance with the enforcement measures authorized in this local law.
(c) Permit Revocation: The City of Kent may suspend or revoke the permit after providing written notification to the permittee based on any of the following reasons:
(1) Any violation(s) of the terms or conditions of the approved erosion and sediment control plan or permit.
(2) Noncompliance with violation notice(s) or stop work order(s) issued.
(3) Changes in the site characteristics upon which plan approval and permit issuance were based.
(4) Any violation(s) of this or any other City of Kent laws, regulation, ordinance(s) or any rules and regulations adopted under it.
(5) The work is, or threatens to become, a hazard to property or public safety; is adversely affecting or about to adversely affect adjacent property or rights-of-way, a drainage way, wetlands, fish or wildlife habitat, or a Storm Water facility; or is otherwise adversely affecting the public health, safety or welfare.
(d) Violations: Any land Development activity that is commenced or is conducted contrary to this local law, may be restrained by injunction or otherwise abated in a manner provided by law.
(e) Penalties: In addition to or as an alternative to any penalty provided herein or by law, any person who violates the provisions of this local law shall be guilty of a violation punishable by the following schedule. For the purposes of conferring jurisdiction upon courts and judicial officers generally, violations of this local law shall be deemed an unclassified misdemeanor and for such purpose only all provisions of law relating to misdemeanors shall apply to such violations. Each week's continued violation shall constitute a separate additional violation.
(1) First offense - a fine not exceeding three hundred fifty dollars ($350.00) or imprisonment for a period not to exceed six months, or both for conviction.
(2) Second offense - when both of which were committed within a period of five years, punishable by a fine not less than three hundred fifty dollars ($350.00) nor more than seven hundred dollars ($700.00) or imprisonment for a period not to exceed six months, or both.
(3) Third or subsequent offense - all of which were committed within a period of five years, punishable by a fine not less than seven hundred dollars ($700.00) nor more than one thousand dollars ($1000) or imprisonment for a period not to exceed six months, or both.
(f) Withholding of Certificate of Occupancy: If any building or land Development activity is installed or conducted in violation of this local law, the Director may prevent the occupancy of said building or land.
(g) Restoration of lands: Any violator may be required to restore land to its undisturbed condition. In the event that restoration is not undertaken within a reasonable time after notice, the City of Kent may take necessary corrective action, the cost of which shall become a lien upon the property until paid. (Ord. 2017-17. Passed 3-15-17.)