10.31.080 Penalties.
(1) Failure to Comply a Civil Infraction. Violation of any provision or failure to comply with any of the requirements of this chapter is a Class 1 civil infraction, subject to enforcement under PCC 1.02. The civil penalty shall be a continuing penalty for each day the violation exists.
(2) Emergency Right of Entry, Summary Abatement of Public Health Nuisance and Reparation. In the event the Administrator determines an Illicit Discharge constitutes an immediate danger to public health or safety, such immediate danger is hereby declared a public health nuisance and the Administrator and/or designee is hereby authorized to utilize the Summary Abatement provisions of the Nuisance Control Code, as set forth in PCC 5.01.120 to promptly abate the violation and/or restore the property. Concurrent therewith, or as soon thereafter as is reasonably possible, the Administrator and/or designee shall promptly notify the owner or occupant of the premises of the existence of the immediate danger to public health and safety and the utilization of the emergency right of entry to achieve summary abatement of the public health nuisance. Any costs or expenses related to such enforcement of this chapter 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 PCC 1.02.
(3) Gross Misdemeanor. Repeat violations of this chapter within twelve (12) months after having committed a violation of this chapter shall be punishable as a gross misdemeanor pursuant to RCW 90.48.140.
(4) Civil Penalty.
(a) 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.
(b) Any such civil penalty shall be imposed by the Administrator in writing and delivered by personal service or first-class mail, postage pre-paid, to the person or entity incurring the penalty, describing the violation with reasonable particularity and ordering any appropriate corrective action to be taken within a specified period of time.
(c) Within thirty (30) days after the notice of penalty is issued, the person incurring the penalty may apply in writing to the Administrator for mitigation of such penalty. The Administrator may mitigate the penalty in writing by whatever terms are deemed proper to encourage compliance with this chapter. A mitigation determination is deemed final as of the date it is issued by the Administrator.
(d) In lieu of application for mitigation, any penalty imposed pursuant to this chapter may be appealed to the City Hearing Examiner using the appeal procedures set forth in Title 16 of the city code. An appeal must be filed with the city clerk within thirty (30) days after the notice of penalty is issued.
(e) Any penalty not timely appealed or mitigated shall be due and payable thirty (30) days after the notice of penalty is issued, or determination of an appeal is final, or a mitigation decision is issued. All civil penalties collected under this section shall be deposited into the city’s stormwater fund and shall be used for the protection of surface, ground and storm water as set forth in this chapter.
(5) Additional Remedies.
(a) In addition to any other remedy provided by this chapter or under the Pullman City 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.
(b) 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 RCW 90.48 and may be subject to additional 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. 09-21 §9, 2009).