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(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 infraction forfeiture shall be a continuing forfeiture for each day the violation exists.

(2) Civil Penalty from Notice of Violation and Appeal.

(a) In addition to any civil infraction forfeiture, criminal penalty, and/or other available sanction or remedial procedure, any person issued a Notice of Violation under 10.32.150 shall be subject to a cumulative civil penalty in an amount up to $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 by Notice of Violation and delivered by personal service or first-class mail, postage pre-paid, to the property owner and/or applicant 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 twenty-one (21) days after the Notice of Violation and civil 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 Superior Court of Whitman County pursuant to the Land Use Petition Act, Chapter 36.70C RCW.

(e) Any penalty not timely appealed or mitigated shall be due and payable thirty (30) days after the Notice of Violation 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 stormwater as set forth in this Chapter.

(3) 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. 11-1 §18, 2011).