16.50.220 Unauthorized Critical Area Alterations and Enforcement.
(1) Unauthorized Alteration. When a critical area or its buffer has been altered in violation of this Chapter, the city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, replacement, or, where determined appropriate by the Director of Community Development, mitigation measures at the owner’s or other responsible party’s expense to compensate for violation of provisions of this Chapter and other applicable Pullman City Code provisions governing the applicable development permit.
(2) Restoration/Mitigation Plan Required. All development work shall remain stopped until a restoration/mitigation plan is prepared and approved by the Director of Community Development. Such a plan shall be prepared by a qualified professional and shall describe how the actions proposed meet the minimum standards described in Subsection 16.50.220(3) and/or mitigation requirements outlined in Sections 16.50.160 through 16.50.190, if mitigation is determined to be appropriate by the Director of Community Development. The Director of Community Development 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 Standards for Restoration or Mitigation.
(a) For alterations to critical aquifer recharge areas, frequently flooded areas, wetlands, and habitat conservation areas, the following minimum standards shall be met for the restoration or mitigation of impacts to a critical area, provided that if the violator can demonstrate in a restoration/mitigation plan that greater functional and habitat values can be obtained, these standards may be modified by the Director of Community Development:
(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; and
(iv) the historic functions and values should be replicated at the location of the alteration.
(b) For alterations to flood and geological hazards, the following minimum 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) Penalties. Any violation or failure to comply with any of the provisions of this Chapter, or any amendment thereto, shall be a civil infraction and shall be subject to a fine in an amount not to exceed $500.00 for each violation. Each day in which a violation continues shall be deemed a separate offense. Any activity 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. Daily fines shall not be levied until after a violator has received a written notice of the violation and shall not be levied while a written notice of violation is under appeal through the applicable appeal process. (Ord. 21-15 §6, 2021; Ord. 03-18 §23, 2003).