§ 155.999 PENALTY.

   (A)   Any person violating any provisions of this chapter, for which no specific penalty is prescribed, shall be subject to § 10.99.

   (B)   (1)   The violation of any provision of §§ 155.001 and 155.015 through 155.027 is a Class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.

      (2)   If, as the result of the violation of any provision of §§ 155.001 and 155.015 through 155.027, the city or any other party suffers damages and is required to make repairs and/or replace any materials, the cost of repair and/or replacement shall be borne by the violating party and shall be in addition to any criminal or civil fines and/or penalties.

      (3)   Violators of §§ 155.001 and 155.015 through 155.027 may also be subject to prosecution, fines, and penalties from the state and the United States EPA.

(Prior Code, § 13.22.140)

   (C)   (1)   The violation of any of the provisions of §§ 155.040 through 155.049 shall be a Class C misdemeanor. Each day that a violation occurs shall constitute a separate offense.

      (2)   Violators of §§ 155.040 through 155.049 are also subject to any penalties that may be imposed by the state, under the authority of the state’s Water Quality Act, Title 19, Chapter 5 of the State Code.

      (3)   In addition to any criminal fines and/or penalties which may be assessed for a violation of §§ 155.040 through 155.049, the city shall have the right to issue a stop-work order or to install and/or maintain appropriate erosion and sediment control measures on any site which is required to have such measures in the event that construction activity is commenced or continued without such measures having been installed as required by §§ 155.040 through 155.049. The city shall have the right to have such measures installed or maintained by city personnel or to hire a private contractor to perform such work, and the contractor and/or the property owner shall be liable for any and all expenses related to performing such work plus a 25% penalty charge. The city may assess said charges against the financial guarantee posted by the contractor and/or property owner.

      (4)   Violators of §§ 155.040 through 155.049 may also be subject to prosecution, fines, and penalties from the state, and the United States EPA.

(Prior Code, § 13.24.090)

(Ord. 17-2020, passed 5-20-2020)