Sequim City Zoning Code
CHAPTER 18
90 VIOLATIONS, ENFORCEMENT AND REMEDIES
§ 18.90.010 Violations.
Any person who violates the provisions of this title, or permits such violation, or otherwise fails to comply with the procedures, standards, or requirements established herein is subject to any and all corrective actions available to the city under the law. Additionally, any sign, structure, or building hereafter constructed, altered, enlarged, converted, moved, or changed, or any use of the property or structure contrary to the provisions of this title, is considered unlawful and may be subject to abatement or other remedial action. Notwithstanding remedies provided herein below, the city of Sequim will suspend or withhold all related development permits for any development initiated without obtaining approval under this title, in addition to all other penalties for violations as set forth in Chapter 1.13 SMC. Said suspension or withholding will remain in effect until compliance with this title is achieved.
(Ord. 97-019 § 4 (Exh. B); Ord. 2019-013 (Exh. B))
§ 18.90.020 Enforcement and remedies.
The city of Sequim strives to equitably administer the procedures and standards established by this title. In doing so, the city may apply the provisions and penalties as set forth in SMC § 1.13, Code Enforcement, or take such administrative, injunctive, declaratory, or other action as is necessary to ensure compliance with the provisions of this title.
A.
Administrative Remedies. The city will investigate and verify that a violation exists. Upon verification, the city must provide written notice to the party causing the alleged violation and seek voluntary suspension of the action or activity and compliance with the provisions of this title or Chapter 1.13 SMC. Should voluntary compliance not be forthcoming, the city will move to initiate compliance through legal remedies or initiate action to rescind the permit granting zoning approval or permission to develop.
B.
Withholding of Pending or Future Permits for Development. Any pending and all future permits and approvals for the subject property will be withheld by the city upon provision of written notice of noncompliance to the permittee. Permits and applications will be released only upon satisfactory remedy of the noncomplying action or activity. The withholding of permits and approvals consistent with the requirements of this section is subject to the appeals process of Chapter 1.13 SMC.
C.
Rescission of Approval Granting Permits. The permit granting development approval will be rescinded upon finding that the permittee or his or her designated representative or agent misrepresented the facts upon which approval was based or has not complied with the development standards or conditions for which approval was granted. Written notice of the rescission must be provided to the permittee. The permittee has 30 days to respond to the notice before rescission of the permit granting development approval becomes effective. Projects for which development approval has been rescinded have 180 days to remedy the situation or the permit is subject to the proceedings established hereinbelow to ensure compliance with the conditions of the project approval or to abate the development.
D.
Legal Remedies. Upon receipt of a documented violation where administrative remedies have failed to correct the violation, the city attorney will take such legal action as deemed necessary to ensure compliance with the provisions of this title. Such action may include notice to title, injunctive relief, declaration of a public nuisance and abatement thereof, the imposition of civil penalties, and/or criminal prosecution as provided for by law.
(Ord. 97-019 § 4 (Exh. B); Ord. 2019-013 (Exh. B))