20.28.020 Penalties schedule for sensitive areas.
(1) The code compliance provisions as applied to sensitive areas are intended to encourage compliance with Chapter 27.12 CCC, Clallam County Critical Areas Code, CCC Title 32, Floodplain Management, and CCC Title 35, Clallam County Shoreline Master Program (SMP), to protect sensitive areas and the general public from harm, and to further the remedial purposes of this title. To achieve this, persons responsible for code compliance will not only be required to restore damaged sensitive areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreation, and economic values lost or damaged due to their unlawful action.
(2) The penalty provisions of this section are in addition to, and not in lieu of, the penalty provisions of CCC 20.28.010.
(3) For the purposes of this section, a “sensitive area” is any area that is subject to the provisions of Chapter 27.12 CCC, Clallam County Critical Areas Code, CCC Title 32, Floodplain Management, and/or CCC Title 35, Clallam County Shoreline Master Program (SMP).
(4) For the purposes of this section, “violation of a sensitive area ordinance” means:
(a) The violation of any provision of Chapter 27.12 CCC, Clallam County Critical Areas Code, CCC Title 32, Floodplain Management, or CCC Title 35, Clallam County Shoreline Master Program (SMP);
(b) The failure to obtain a permit required for work in a sensitive area;
(c) The failure to comply with the conditions of any permit, notice and order, stop work order, voluntary compliance agreement, mitigation plan, or any other written approval issued pursuant to the above-mentioned provisions;
(d) The failure to disclose a change of circumstances which makes inaccurate any sensitive area study that was the basis for establishing permit or approval conditions.
(5) Any person in violation of a sensitive areas ordinance is subject to a sensitive area penalty, which is in addition to the penalty imposed under CCC 20.28.010, in an amount that is the higher of either:
(a) The amount of penalties imposed pursuant to CCC 20.28.010; or
(b) The amount of economic benefit that such person derives from the violation, if such amount can be objectively documented. Such economic benefit shall be calculated as the total of any or all of the following:
(i) The resulting increase in market value of the subject property; and/or
(ii) The value received by the person responsible for code compliance; and/or
(iii) The savings of construction costs realized by the person responsible for code compliance as a result of performing any act in violation of the chapter.
(6) All sensitive area penalties assessed under this section shall be payable to Clallam County and placed in a special revenue fund for the enhancement of shorelines and critical areas.