14.30.080 Enforcement.
A. Failure to Comply. It is unlawful for any person to violate any provision or fail to comply with any of the requirements of this chapter. Any activity or action caused or permitted to exist in violation of this chapter is a violation subject to enforcement under Chapter 12.17 GHMC.
B. Emergency Access and Reparation. In the event the violation constitutes an immediate danger to public health or safety, the administrator is authorized to enter upon the subject private property, without giving prior notice, to take any and all measures necessary to abate the violation and/or restore the property. Any expense related to such remediation undertaken by the city shall be fully reimbursed by the property owner and/or responsible party. Any relief obtained under this section shall not prevent the city from seeking further relief or applying other penalties as outlined in Chapter 12.17 GHMC.
C. Civil Infraction. Except as provided in subsection (D) of this section, conduct made unlawful by this chapter shall constitute a civil infraction and is subject to enforcement and fines as provided in Chapter 12.17 GHMC.
D. Misdemeanor. Any person who again violates this chapter within 12 months after having been found by the Gig Harbor municipal court to be in violation of this chapter, commits a misdemeanor and any person who is convicted thereof shall be punished as provided in Chapter 1.16 GHMC and fined as provided in Chapter 12.17 GHMC.
E. Civil Penalty. In addition to any civil infraction fine, criminal penalty, and/or other available sanction or remedial procedure, any person engaging in conduct made unlawful by this chapter shall be subject to a cumulative civil penalty in the amount of $1,000 per day for each violation from the date set for compliance until the date of compliance. Any such civil penalty shall be collected in accordance with Chapter 12.17 GHMC.
F. Additional Remedies.
1. In addition to any other remedy provided by this chapter or under the Gig Harbor Municipal Code, the city may initiate injunction or abatement proceedings or any other appropriate action in courts against any person who violates or fails to comply with any provision of this chapter to prevent, enjoin, abate, and/or terminate violations of this chapter and/or to restore a condition which existed prior to the violation. In any such proceeding, the person violating and/or failing to comply with any provisions of this chapter shall be liable for the costs and reasonable attorneys’ fees incurred by the city in bringing, maintaining and/or prosecuting such action.
2. The administrator may provide the option for compensation of all or part of any penalties incurred by any person(s) to be made in the form of community service approved by the administrator that will be of benefit to the environment and the city. The person(s) and administrator will enter into a formal, written agreement providing for the community service. This agreement shall include in detail description of the service(s) to be rendered by the person(s) in penalty for noncompliance of this chapter. The description shall include a completion date with a mutually agreed compensation structure to offset the above mentioned penalties.
3. Any person who violates any provision of this chapter may also be in violation of the federal Clean Water Act, NPDES Phase II Permit, and/or Chapter 90.48 RCW and may be subject to sanctions including civil and criminal penalties. Any enforcement action authorized under this chapter shall also include written notice to the violator of such potential liability. (Ord. 1168 § 2, 2009).