2.60.090 Violations and civil penalties.
A. Violations.
1. Violations of this chapter may be addressed through a civil penalty as provided in subsection (B) of this section.
2. Each violation of this chapter shall be a separate and distinct offense.
3. Any property that is declared contaminated or unfit for use is an unlawful public nuisance.
4. Once the order has been issued, the city or county in which the contaminated property is located may take action to condemn or demolish property or to require the property be vacated or the contents removed from the property, pursuant to RCW 64.44.040.
B. Civil Penalties.
1. Violators of the provisions of this chapter shall be assessed a monetary penalty as provided for in the following section.
2. The following are considered violations of the provisions of this chapter:
a. Occupying or Permitting Occupation of Property Declared Contaminated. Any person who occupies or permits or authorizes the occupation of any property ordered vacated pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC shall be assessed a monetary penalty of $100.00 per day;
b. Removing or Allowing to Be Removed Property Declared Contaminated. Any person who removes or allows to be removed any property declared contaminated pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC shall be assessed a monetary penalty of $250.00 per item removed. The removal of a trailer, vehicle or boat shall be assessed a monetary penalty of $1,000 per occurrence;
c. Removing, Destroying, Defacing, or Obscuring a Notice. Any person who removes, destroys, defaces, obscures or otherwise tampers with any notice posted pursuant to this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC shall be assessed a monetary penalty of $250.00;
d. Obstructing Employees or Agents of Health District. Any person who obstructs any enforcement officer, employee or agent of the Health District carrying out the duties prescribed in this chapter, Chapter 64.44 RCW, or Chapter 246-205 WAC shall be assessed a monetary penalty of $250.00;
e. Failure to Comply with Decontamination Requirements. Any person who violates the decontamination requirements (SHDC 2.60.060), unless otherwise authorized by the Health Officer, shall be assessed a monetary penalty of $250.00;
f. Failure to Report Contamination. If a property owner believes that a tenant has contaminated property that was being leased or rented, and the property is vacated or abandoned and subsequently fails to report possible contamination to the Health Officer upon gaining such knowledge, shall be assessed a monetary penalty of $100.00. [Res. 03-21. Res. 03-19. Prior code § 11.3(IX)].