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16.20.830 Enforcement.
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(1) The Act provides for a cooperative program between the city and the Department of Ecology to implement and enforce the provisions of the Act and this master program. This section provides for a variety of means of enforcement, including civil and criminal penalties, orders to cease and desist, and orders to take corrective action, in accordance with WAC 173-27-270, 173-27-280, 173-27-290, 173-27-300 and ECMC 18.80.090. The enforcement means and penalties provided herein are not exclusive and may be taken or imposed in conjunction with, or in addition to, any other civil enforcement actions and civil penalties, injunctive or declaratory relief, criminal prosecution, actions to recover civil or criminal penalties, or any other action or sanction authorized by this section, or any other provision of the Electric City Municipal Code, or any other provision of state or federal law and regulation.

(2) The shoreline administrator, with the assistance of the city attorney, shall have authority to commence and prosecute any enforcement action authorized by this section. In determining the appropriate enforcement actions to be commenced and prosecuted, the administrator shall consider the following factors:

(a) The nature of the violation;

(b) The extent of damage or potential future risk to the shoreline environment and its ecological functions or to the public health and safety caused by or resulting from, whether directly or indirectly, the alleged violation;

(c) The existence of knowledge, intent, or malice on behalf of the violator;

(d) The economic benefit or advantage that accrued to the violator(s) as a result of the violation; and

(e) The estimated actions and costs of providing adequate mitigation, restoration, rehabilitation, or enhancement, to repair or minimize any substantial adverse impacts upon the shoreline environment and its ecological functions, or the public health and safety.

(3) The shoreline administrator may commence and prosecute enforcement action jointly with the Department of Ecology. Pursuant to Chapter 173-27 WAC, the Department of Ecology may initiate and prosecute enforcement action separate from the shoreline administrator. (Ord. 484 § 2, 2014)