A. Monetary Penalties: Any person in violation of this article, or any prohibition upon an illicit connection or illicit discharge or stormwater source control violation pursuant to article A of this chapter, may, in addition to any other penalty imposed pursuant to this article, be subject to monetary penalties per day or portion thereof for each civil violation. Monetary penalties imposed, or to be imposed shall be specified in the notice of violation.
B. Penalty: Except as may be otherwise set forth herein, the monetary penalty assessed shall not exceed one thousand dollars ($1,000.00) per day for each such day that a violation occurs or continues to occur. The monetary penalty constitutes a personal obligation of the person to whom the notice of violation is directed. The maximum monetary penalty for each violation may be trebled for:
1. Repeat violation, which means an additional violation of a requirement of this article for which the responsible party has previously received a notice of civil violation and failed to correct the violation by the compliance date;
2. A violation resulting in physical harm to persons or to private or public property;
3. A knowing or deliberate violation;
4. A violation resulting from gross negligence or reckless conduct.
C. Collection Of Penalty: The city attorney, on behalf of the city, is authorized to collect the monetary penalty by use of appropriate legal remedies, the seeking or granting of which shall neither stay nor terminate accrual of additional per diem monetary penalties so long as the violation continues.
D. Failure To Pay Penalty: Failure to timely pay a monetary penalty imposed herein shall be and constitute a misdemeanor.
E. Correction Of Violation: Payment of a monetary penalty pursuant to this subsection does not relieve a person of the duty to cease the unlawful activity or correct the violation as ordered by the director.
F. Application For Remission Or Mitigation: Any person incurring a monetary penalty may apply in writing for remission or mitigation of such penalty pursuant to section 1-13-6 of this code. The decision may be appealed to the superior court of Pierce County pursuant to the standards set forth in chapter 36.70C Revised Code Of Washington.
G. Penalties Due: Monetary penalties imposed under this section shall become due and payable pursuant to section 1-13-6 of this code. Whenever an application for remission or mitigation is made, penalties shall become due and payable thirty (30) days after receipt of the decision regarding the remission or mitigation. Whenever an appeal of a monetary penalty is filed, the penalty shall become due and payable after all review proceedings and a final decision has been issued confirming all or part of the penalty. If the amount of a penalty owed the city is not paid within the time specified, the city may take actions necessary to recover such penalty.
H. Voluntary Correction Agreement:
1. Initiation: Either the person responsible for the violation or the director may initiate negotiations for a voluntary correction agreement at any time pursuant to section 1-13-5 of this code and the requirements of this subsection H. The director has no obligation to enter into any voluntary correction agreement.
2. Contents: A voluntary correction agreement shall set forth actions to be taken by the responsible party that will correct past or existing violations of this article, or any prohibition upon an illicit connection or illicit discharge or stormwater source control violation pursuant to article A of this chapter. It may also set forth actions to mitigate the impacts of violations. The voluntary correction agreement shall set forth a schedule for completion of the corrective and mitigating actions. It shall contain a provision allowing the director to inspect the premises to determine compliance with the voluntary compliance agreement.
3. Effect Of Voluntary Compliance Agreement:
a. A voluntary compliance agreement is a binding contract between the party executing it and the city. It is not enforceable by any other party. All voluntary compliance agreements shall provide that the responsible party agrees the city may perform the actions set forth in the voluntary compliance agreement if the responsible party fails to do so according to the terms and schedule of the agreement, and the responsible party will pay the costs, expenses, and damages the city incurs in performing the actions. By entering into a voluntary compliance agreement, a responsible party admits the violation and waives the right to an administrative appeal of the stop work/corrective action order.
b. Monetary penalties may be reduced or waived if violations are corrected or mitigated according to the terms and schedule of a voluntary correction agreement. If the responsible party fails to perform according to the terms and schedule of the voluntary compliance agreement, penalties for each violation addressed in the agreement may be assessed starting from the date the violation occurred.
4. Modification: The terms and schedule of the voluntary compliance agreement may be modified by mutual agreement of the responsible party and the director if circumstances or conditions outside the responsible party's control, or unknown at the time the agreement was made, or other just cause necessitate such modifications.
I. Adherence Required: If the voluntary correction agreement or civil regulatory order is not adhered to, the city may provide such actions as needed to repair, restore, or maintain the stormwater drainage system. If at any time the city determines that the existing stormwater drainage system creates any eminent threat to public health or welfare, the city may take immediate measures to remedy said threat. No notice to the owner of the facility shall be required under such circumstances.
J. Responsibility For Cost: The owner and persons in control of stormwater facilities are responsible for the cost of any maintenance and for repairs to the stormwater facility. Such responsibility shall include reimbursement to city within thirty (30) days of the receipt of the invoice for any such work performed by or on behalf of the city. Overdue payments will require payment of interest at the current legal rate for liquidated judgments. If legal action ensues, any costs or fees incurred by city will be borne by the parties responsible for said reimbursements.
K. Failure To Pay Costs: In the event owner or person in control of the subject property fails to pay the city within thirty (30) days from the date that the costs were incurred, the city shall have the right to file a lien against the real property for all charges and expenses incurred. A lien specifying the expenses incurred and giving a legal description of the premises sought to be charged shall be filed with the county auditor within ninety (90) days from the date of the completion of the work. The same may at any time thereafter be collected in the manner provided for foreclosure of mechanic's liens under the laws of the state of Washington.
L. Businesses or activities that were permitted prior to August 1, 2022 and are identified in Chapter 9-5A-9.J.1 Table 1 for which source control BMPs were not previously required shall be subject to the full provisions of Chapter 9-5B-12 and in full compliance with Chapter 9-5A-9.J OMC by January 1, 2023. (Ord. 911, 8-31-2011; amd. Ord. 2022-1098, 7-27-2022)