17.114.210 Unauthorized critical area alterations and enforcement.
(1) When a critical area or its buffer has been altered in violation of this chapter or Chapters 17.115 through 17.135 SMC all ongoing development work shall stop and the critical area shall be restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the owner’s or other responsible party’s expense to compensate for violation of the provisions of this chapter.
(2) Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is approved by the city. Such a plan shall be prepared by a qualified professional using the best available science and shall describe how the actions proposed meet the minimum requirements described in subsection (3) of this section. The planning director shall, at the violator’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
(3) Minimum Performance Standards for Restoration.
(a) For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater functional and habitat values can be obtained, these standards may be modified:
(i) The historic structural and functional values shall be restored, including water quality and habitat functions;
(ii) The historic soil types and configuration shall be replicated;
(iii) The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities. The historic functions and values should be replicated at the location of the alteration; and
(iv) Information demonstrating compliance with the requirements in SMC 17.114.180 shall be submitted to the director.
(b) For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate that greater safety can be obtained, these standards may be modified:
(i) The hazard shall be reduced to a level equal to, or less than, the pre-development hazard;
(ii) Any risk of personal injury resulting from the alteration shall be eliminated or minimized; and
(iii) The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
(4) Site Investigations. The planning director or his/her designee is authorized to make site inspections and take such actions as are necessary to enforce this chapter. The planning director shall present proper credentials and make a reasonable effort to contact any property owner before entering onto private property.
(5) Penalties. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense. Any development carried out contrary to the provisions of this chapter or Chapters 17.115 through 17.135 SMC shall constitute a public nuisance and may be enjoined as provided by the statutes of the state of Washington. The city may levy civil penalties against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter as provided under SMC Title 13. (Ord. 1164 § 4, 2004).