12.12.080 Violations.
A. Conducting forest practices or land clearing without a permit or failing to comply with the conditions of an issued forest practices/land clearing permit is a violation of these regulations and shall be subject to the provisions under Chapter 11.20 BMC, Enforcement. The unauthorized removal of vegetation shall be mitigated as set forth in BMC 12.18.030(F).
B. In addition to the provisions in subsection A of this section, conducting forest practices without a permit or failing to comply with the conditions of a permit which authorizes a forest practice, including unauthorized conversion to nonforestry use, shall be subject to the violation regulations in the state Forest Practices Act as set forth in Chapter 76.09 RCW, including but not limited to the following sections:
1. Stop work orders – Grounds – Contents – Procedure – Appeals, as set forth in RCW 76.09.080;
2. Notice of failure to comply – Contents – Procedures – Appeals – Hearing – Final order – Limitations on actions, as set forth in RCW 76.09.090;
3. Failure to comply with water quality protection – Department of ecology authorized to petition appeals board – Action on petition, as set forth in RCW 76.09.100;
4. Final orders or final decisions binding on all parties, as set forth in RCW 76.09.110;
5. Failure of owner to take required course of action – Notice of cost – Department authorized to complete course of action – Liability of owner for costs – Lien, as set forth in RCW 76.09.120;
6. Failure to obey stop work order – Departmental action authorized – Liability of owner or operator for costs, as set forth in RCW 76.09.130;
7. Enforcement, as set forth in RCW 76.09.140;
8. Violations – Conversion to nontimber operation – Penalties – Remission or mitigation – Appeals – Lien, as set forth in RCW 76.09.170;
9. Disposition of moneys received as penalties, reimbursement for damages, as set forth in RCW 76.09.180;
10. Additional penalty, gross misdemeanor, as set forth in RCW 76.09.190;
11. Notice of conversion to nonforestry use – Denial of permits or approvals by the county, city, town or regional governmental entity – Enforcement, as set forth in RCW 76.09.460; and
12. Conversion of land to nonforestry use – Action required of landowner – Action required of county, city, town or regional governmental entity, as set forth in RCW 76.09.470. (Ord. 2041 § 4 (Exh. B), 2010).