1.14.060 Criminal violations and penalties, civil violations and penalties, and other penalties

1.14.060 Criminal violations and penalties, civil violations and penalties, and other penalties.

1. Any person who intentionally, knowingly, recklessly, or criminally negligently commits an act which violates (a) this chapter; (b) any provision listed in RMC 1.14.030.A, Applicability; (c) any approval or approval condition granted under any provision listed in RMC 1.14.030.A, Applicability; or (d) any orders issued under this chapter shall be guilty of a gross misdemeanor.

2. Any person who intentionally, knowingly, recklessly, or criminally negligently fails to act when required to do so by (a) this chapter; (b) any provision listed in RMC 1.14.030.A, Applicability; (c) any approval or approval condition granted under any provision listed in RMC 1.14.030.A, Applicability; or (d) any orders issued under this chapter shall be guilty of a gross misdemeanor.

3. Any person convicted of any of the crimes created in RMC 1.14.060.A, Criminal Violation and Penalty, shall be punished by a fine of not more than $5,000 and/or imprisonment of not more than one year. In no case shall such a violation be punished by a fine of less than $250.

1. Any person who commits an act which violates (a) any provision listed in RMC 1.14.030.A, Applicability; (b) any approval or approval condition granted under any provision listed in RMC 1.14.030.A, Applicability; or (c) any orders issued under this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. The minimum civil penalty shall be $100.

2. Any person who fails to act when required to do so by (a) any provision listed in RMC 1.14.030.A, Applicability; (b) any approval or approval condition granted under any provision listed in RMC 1.14.030.A, Applicability; or (c) any orders issued under this chapter shall be subject to a civil penalty not to exceed $1,000 for each violation. The minimum civil penalty shall be $100.

3. Notwithstanding subsections B.1 and B.2 of this section, civil penalties for illegal tree removal may exceed $1,000 for each violation. Remediation, including but not limited to tree values, replacement ratios, and performance assurance costs, as outlined below, shall be added to any civil penalties assessed under subsections B.1 and B.2 of this section.

i. The Administrator shall establish a tree value for each significant and landmark tree removed or damaged in violation of this chapter. Topping of trees shall be considered tree removal and shall be subject to remediation. Topping does not include pruning fruit trees to encourage the production of fruit. This amount shall be based upon appraised tree value per industry standard trunk formula method in the latest edition of “Guide for Plant Appraisal” published by the International Society of Arboriculture, or its successor entity, that is current at the time of the violation. The City shall take the average of three separate signed appraised values submitted by arborists on the applicant’s behalf. The penalty amount shall be tripled for contractors working on behalf of a property owner and may include but not be limited to tree removal and grinding contractors and arborists.

ii. The number of replacement trees required for unauthorized significant tree removal is dependent upon the size of tree removed as identified in the table below. If a tree has been removed and only the stump remains, the size of the tree removed shall be the diameter of the top of the stump.

Size of Removed Tree	Number of Replacement Trees Required
Greater than 6 inches to 10 inches	6
Greater than 10 inches to 20 inches	8
Greater than 20 inches to 30 inches	10
Greater than 30 inches	12

iii. Replacement tree sizes shall be two-and-one-half-inch caliper for deciduous trees and six (6) feet in height for evergreen trees.

iv. All required replacement trees and relocated trees shown on an approved permit shall be maintained in healthy condition by the property owner throughout the required bonding period of the project, unless otherwise approved by the Administrator in a subsequent permit.

C. Acts and omissions that violate any provision listed in RMC 1.14.030.A, Applicability, include, but are not limited to:

1. Carrying out a prohibited use or activity or allowing a prohibited use or activity to occur on your property or property you rent, lease, control, or occupy.

2. Failing to obtain a required permit; carrying out a regulated use or activity without obtaining a required permit; or allowing a regulated use or activity to occur on your property or property you rent, lease, control, or occupy without obtaining a required permit.

3. Conducting a use, conducting an activity, occupying land, or dividing property while failing to install, maintain, repair, operate, reconstruct, or reinstall improvements required by a permit including improvements shown on an approved site plan, building plan, plat, binding site plan or other approved drawing or document and any conditions imposed as part of the approval of such documents or allowing a use, activity, occupancy, or structure to occur on your property or property you rent, lease, control, or occupy which has failed to install, maintain, repair, operate, reconstruct, or reinstall improvements required by a permit including improvements shown on an approved site plan, building plan, plat, binding site plan or other approved drawing or document and any conditions imposed as part of the approval of such documents.

4. Failing to comply with the terms of a permit or allowing a regulated use or activity to be carried out or to occur on your property or property you rent, lease, control, or occupy while failing to comply with the terms of a permit.

5. Altering land, water bodies, or improvements in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability. Moving or removing earth, minerals, land or improvements in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability. Allowing the activities listed in this subsection to occur on your property or property you rent, lease, control, or occupy without obtaining a required permit or in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability.

6. Erecting, constructing, enlarging, intensifying, altering, repairing, improving, converting, demolishing, equipping, using, occupying, or maintaining any building or structure in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability. Causing the same to be done in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability. Allowing the activities listed in this subsection to occur on your property or property you rent, lease, control, or occupy without obtaining a required permit or in violation of a permit or any provision listed in RMC 1.14.030.A, Applicability.

7. Maintaining violations of any provision listed in RMC 1.14.030.A, Applicability, or any permit issued under any provision listed in RMC 1.14.030.A, Applicability, on a property.

8. Carrying out activities or uses; modifying land, water bodies, or vegetation, or constructing structures on a property subject to a Native Growth Protection Easement or similar easement or equitable servitude which violates or is inconsistent with the easement or servitude. Carrying out activities or uses; modifying land, water bodies, or vegetation; or constructing structures on property subject to an easement, equitable servitude, or similar legal restriction granted to or in the favor of the City of Redmond or King County which violates or are inconsistent with the easement or servitude.

9. Failing to comply with a stop work order or a notice and order issued under this chapter.

10. Performing work which violates any provision listed in RMC 1.14.030.A, Applicability; or a permit issued under any provision listed in RMC 1.14.030.A, Applicability. Contracting with a person to perform work which violates any provision listed in RMC 1.14.030.A, Applicability, or a permit issued under any provision listed in RMC 1.14.030.A, Applicability, when that work is partially or entirely performed. Causing or directing a person to perform work which violates any provision listed in RMC 1.14.030.A, Applicability; or a permit issued under any provision listed in RMC 1.14.030.A, Applicability. Participating, assisting, aiding, abetting, directing, creating, or maintaining any situation that is contrary to the requirements of or in violation of this chapter, any provision listed in RMC 1.14.030.A, Applicability, or any permit issued under any provision listed in RMC 1.14.030.A, Applicability.

11. Removing, destroying, covering, or defacing notices and orders posted in compliance with this chapter or any provision listed in RMC 1.14.030.A, Applicability.

D. The Code Compliance Officer may allow a person who has had civil penalties imposed under this chapter to voluntarily participate in community service projects in lieu of paying some or all of the civil penalty. Community service may include, but is not limited to, restoration or education programs. The amount of community service shall reasonably relate to the comparable value of the civil penalties imposed.

E. Delinquent Permit Fee. Persons applying for a permit after commencement of a use, activity, or construction may be required, in addition to paying the permit fee, to pay a delinquent permit fee. If required, the fee shall be as follows:

Number of times within 12 months that the applicant or a contractor acting for the applicant has not obtained a similar permit for a similar use, activity or construction:	The fee due shall be the permit application fee plus a delinquent permit fee equal to:
1 time	1 times the permit fee
2 or more times	4 times the permit fee

Both the permit fee and delinquent permit fees shall be paid in full prior to resuming the use, activity or construction. In deciding whether to impose a delinquent permit fee, the person administering the permit shall consider the following factors: whether a city regulation requires the imposition of such a fee, whether the City will likely be required to conduct studies or investigations to determine if the work done without the permit meets the applicable requirements, whether the enforcement action required an investigation, or whether the applicant knew or should have known that a permit was required.

F. Where acts or omissions which violate this chapter or any provision listed in RMC 1.14.030.A, Applicability, occur on a weekend or holiday and are carried out by a person employed in the construction industry, any fine or monetary penalty shall be doubled.

G. The imposition of any penalty or fee under this chapter or the payment of any penalty, fee, or serving any sentence under this chapter shall not excuse the violation or permit a violation to continue. (Ord. 3090 § 2, 2022; Ord. 1935 § 6 (part), 1997).