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14.260.090 Unauthorized Alterations and Enforcement.
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A. When a wetland or its buffer has been altered in violation of this chapter, 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 provisions of this chapter.

B. Requirement for Restoration Plan. All development work shall remain stopped until a restoration plan is prepared and approved by the City. Such a plan shall be prepared by a qualified wetland professional using the currently accepted scientific principles and shall describe how the actions proposed meet the minimum requirements described in subsection C of this section. The Planning Director may, at the applicant’s or other responsible party’s expense, seek expert advice in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or other responsible party for revision and resubmittal.

C. Minimum Performance Standards for Restoration. The following minimum performance standards shall be met for the restoration of a wetland impacted by unauthorized alterations; provided, that if the applicant or other responsible party can demonstrate that greater functions and habitat values can be obtained, these standards may be modified:

1. The historic structure, functions, and values of the affected wetland shall be restored, including water quality and habitat functions.

2. The historic soil types and configuration shall be restored to the extent practicable.

3. The wetland 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.

4. Information demonstrating compliance with other applicable provisions of this chapter shall be submitted to the Planning Director.

D. Site Investigations. The Planning Director or 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.

E. Enforcement and Penalties.

1. Any person, party, firm, corporation, or other legal entity convicted of violating any of the provisions of this chapter shall be subject to the provisions of Chapter 14.85 SMC, Enforcement.

2. Any development carried out contrary to the provisions of this chapter 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. The civil penalty shall be assessed consistent with the provisions of Chapter 14.85 SMC, Enforcement, and Chapter 1.14 SMC, Code Enforcement.

3. If the wetland affected cannot be restored, monies collected as penalties shall be deposited in a dedicated account for the preservation or restoration of landscape processes and functions in the watershed in which the affected wetland is located. The City may coordinate its preservation or restoration activities with other cities in the watershed to optimize the effectiveness of the restoration action. (Ord. 2368, 2019)

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