§ 158.99. ENFORCEMENT AND PENALTY.


Latest version.
  • (A) Any timber harvesting operation found to be proceeding without following the provisions of this chapter shall immediately cease operations and shall not resume until all provisions have been met.
    (B) The city Enforcement Officer may go upon the site of any timber harvesting operation before, during, or after active logging to review any required documents for compliance with this chapter and inspect the operation for compliance with various ordinances.
    (C) Upon finding that a timber harvesting operation is in violation of any provision of this or other ordinances, the Enforcement Officer shall issue the operator and the landowner a written notice of violation describing each violation and specifying a date by which corrective action must be taken.
    (D) The Enforcement Officer may order the immediate suspension of any operation upon finding that: (1) Corrective action has not been taken by the date specified in a notice of violation; (2) The operation is proceeding without applicable permits; or (3) The operation is causing immediate harm to the environment or infrastructure of the city. Suspension orders shall be in writing, shall be issued to the operator and landowner, and shall remain in effect until, as determined by the Enforcement Officer, the operation is brought into compliance with this chapter or other applicable regulations. The landowner or the operator may appeal an order, fine or decision of an Enforcement Officer within 30 days of issuance.
    (E) In addition to corrective actions, each violation will be assessed a fine as identified below:
    (1) First offense $200
    (2) Second offense (if a hearing has not been requested) $500
    (3) Third offense $1,000 (max of $5,000)
    (4) Violation of suspension order $1,000/day (max of $10,000)
    (F) In the event that it is necessary for the city to file a civil action to enforce the provisions of this chapter or to collect any fine assessed hereunder the city shall be entitled to recover, cost, expenses and a reasonable attorney fee and to establish a lien upon the property on which logging operations occurred that resulted in the fine being assessed for fines, expenses, costs and attorney fees.
    (Ord. 0-2016-006, passed 5-20-16)