20.30.080 Civil penalty.
A. In addition to or as an alternative to any other judicial or administrative remedy, a person who causes a civil violation, or by any act of commission or omission procures, aids, or abets such a civil violation, may be subject to a civil penalty.
B. Amount of Civil Penalty.
1. The amount of civil penalty is one hundred dollars per day per violation unless otherwise provided.
2. For a civil violation related to critical areas, as defined in the Anacortes Municipal Code, the Director may impose an additional civil penalty up to:
a. An amount, not to exceed twenty-five thousand dollars, that is reasonable based upon the nature and extent of the violation and the costs to the City of enforcing this Chapter against the violator; or
b. An amount equal to twice the economic benefit that the violator derived from the violation as measured by the greater of:
i. The resulting increase in the market value of the property or the value received by the violator; or
ii. The savings of construction costs realized by the violator derived from the act that constituted the violation.
3. A person found in violation of a new and separate civil violation within one year of the resolution of a prior civil violation may be subject to double the civil penalties normally imposed for such a violation.
4. The Director may reduce a civil penalty based on one or more of the following mitigating factors:
a. The violator showed good faith or substantial progress, or both, in correcting the violation; or
b. The violator was not the primary cause of the violation.
C. Collection of Civil Penalties.
1. An order to pay civil penalties is valid for the penalties accrued as of the date of the order, and for future penalties that accrue until a specified event.
2. The Director may issue a supplemental order for additional civil penalties. That order is appealable only for the additional civil penalties imposed by the supplemental order.
3. Per RCW 19.16.500, the Director may refer orders to pay civil penalties to collection agencies thirty days after service, and may add a reasonable fee to cover the costs of collection.
D. Payment of a civil penalty pursuant to this Chapter does not relieve the violator of the duty to correct the violation. (Ord. 2988 § 1 (Att. A), 2016)