ORD 2022 ORDINANCE NO . 0c ; x
AN ORDINANCE amending Chapter 18 . 88 of the
Camas Municipal Code by revising definitions ,
procedures , and penalties relating to the
Shoreline Management Act .
THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS :
Section I
Section 18 . 88 . 030 of the Camas Municipal Code is amended to
provide as follows .
18 . 88 . 030 - Definitions .
A . " Appurtenances " means a structure or development
which is necessarily connected to the use
and enjoyment of a single - family residence
and .is located landward of the ordinary high
water mark and also of the perimeter of any
marsh , bog , or swamp . Normal appurtenances
include a garage , deck , driveway , utilities ,
fences , and grading which does not exceed
two hundred fifty ( 250 ) cubic yards .
Be " Development " means a use consisting of the
construction or exterior alteration of structures ;
dredging ; drilling ; dumping ; filling ; removal
of any sand , gravel , or minerals ; bulkheading ;
driving of piling ; placing of obstructional ;
or any project of a permanent or temporary
nature which interferes with the normal public
use of the surface of the waters of the state
subject to Chapter 90 . 58 RCW at any state
of water level ( RCW 90 . 58 . 030 ( 3 ) ( d ) ) .
Co " Fair market value " of a development is the
expected price at which the development can
be sold to a willing buyer . For developments
which involve non - structural operations such
as dredging , drilling , dumping or filling ,
the fair market value is the expected cost
of hiring a contractor to perform the operation ,
or where no such value can be calculated , the
total of labor , equipment use , transportation ,
and other costs incurred for the duration
of the permitted project .
D . " Floodway " means those portions of the area of
a river valley lying streamward from the outer
limits of a watercourse upon which floodwaters
are carried during periods of flooding that
occur with reasonable regularity , although
not necessarily annually , said f loodway being
identified , under normal conditions , by changes
in surface soil conditions or changes in types
or quality of vegetative ground cover conditions .
The floodway does not include lands that can
reasonably be expected to be protected from
floodwaters by floodcontrol devices maintained
by or maintained under license from the federal
government , the state , or a political subdivision
of the state . The limits of the floodway
are based on the national flood insurance
program flood boundary and f loodway map for
the City of Camas .
tt
Ordinance No . _ w Page 2
E . " Master program " means the comprehensive use
plan for the City of Camas , and the use regula -
tions together with maps , diagrams , charts ,
other descriptive materials , texts , a statement
of desired goals , and standards developed in
accordance with policies enunciated in RCW
90 . 58 . 020 .
F . " Ordinary high water mark ( OHWM ) " means that
mark that will be found by examining the bed
and banks and ascertaining where the presence
and action of waters are so common and usual ,
and so long continued in all ordinary years ,
as to mark upon the soil a character distinct
from that of the abutting upland , in respect
to vegetation as that condition exists on
June 1 , 1971 , as it may naturally change there -
after , or as it may change thereafter in accord -
ance with permits issued by a local government
or the department ; provided , that in any area
where the ordinary high water mark cannot
be found , the ordinary high water mark adjoining
salt water shall be the line of mean high
high water mark adjoining
tide and the ordinary
fresh water shall be the line of mean high water .
See RCW 90 . 58 . 030 ( 2 ) ( b ) and WAC 173 - 22 - 030 ( 6 ) .
G . " Person " means an individual , partnership , corpor -
ation , association , organization , cooperative ,
public or municipal corporation , or agency
of the state or local governmental unit however
designated ( RCW 90 . 58 . 030 ( 1 ) ( 4 ) ) .
H . " Shorelines " means all of the water areas
of the city , including reservoirs , and their
associated wetlands , together with lands under -
lying them ; except ( 1 ) shorelines of state - wide
significance ; ( 2 ) shorelines on segments of
streams upstream of a point where the mean
annual flow is twenty ( 20 ) cubic feet per
second or less and the wetlands associated
with such upstream segments ; and ( 3 ) shorelines
on lakes less than twenty ( 20 ) acres in size
and wetlands associated with such small lakes .
( RCW 90 . 58 . 030 ( 2 ) ( 4 ) ) .
I . " Shorelines of the city " are the total of all
" shorelines " and " shorelines of state - wide
significance " within the city .
J . " Shorelines of state - wide significance " means
( 1 ) those lakes , whether natural , artificial ,
or a combination thereof , with a surface acreage
of one thousand ( 1 , 000 ) acres or more measured
at the ordinary high water mark ; and ( 2 ) those
natural rivers or segments thereof downstream
of a point where the mean annual. flow is measured
at one thousand ( 1 , 000 ) cubic feet per second
or more .
K . " Single - family residence ( SFR ) " means a detached
dwelling designed for and occupied by one ( 1 )
family including those structures and develop -
ments within a contiguous ownership which are
a normal appurtenance ( WAC 173 - 14 - 040 ( 1 ) ( g ) ) .
xE
Ordinance No .
. . Page 3
L . " Substantial development " means any development
of which the total cost or fair market value ex -
ceeds Two Thousand Five Hundred Dollars ( $ 2 , 500 . 00 ) ,
or any development which materially interferes
with the normal public use of the water or
shorelines of the city ; except as specifically
exempted pursuant to RCW 90 . 58 . 030 ( 3 ) ( e ) and
WAC 173 - 14 - 040 . The following shall not be
considered substantial developments for the
purpose of this chapter :
1 . Normal maintenance or repair of existing
structures or developments , including
ident , fire , or elements ;
damage by acc
2 . Construction of the normal protective
bulkhead common to single - family residences ;
3 . Emergency construction necessary to protect
property from damage by the elements ;
4 . Construction and practices normal or neces -
sary for farming , irrigation , and ranching
activities , including agricultural service
roads and utilities on wetlands , and the
construction and maintenance of irrigation
structures including but not limited to head
gates , pumping facilities , and irrigation
channels ; provided , that a feedlot of any
size , all processing plants , other activities
of a commercial nature , alteration of the
contour of the wetlands by leveling or
filling other than that which results from
normal cultivation , shall not be considered
normal or necessary farming or ranching
activities . A feedlot shall be an enclosure
or facility used or capable of being used
for feeding livestock hay , grain , silage ,
or other livestock feed , but shall not
include land for growing crops or vegetation
for livestock feeding and / or grazing , nor
shall it include normal livestock wintering
operations ;
5 . Construction or modification of navigational
aids such as channel markers and anchor buoys ;
6 . Construction on wetlands by an owner ,
lessee , or contract purchaser of a single -
family residence for his own use or for
the use of his family , which residence
does not exceed a height of thirty - five
( 35 ) feet above average grade level and
which meets all requirements of the city
other than requirements imposed pursuant
to this chapter .
7 . Construction of a dock , including a community
dock , designed for pleasure craft only ,
IN
for the private non - commercial use of
the owner , lessee , or contract purchaser
of single and multiple family residences ,
the cost of which does not exceed Two
Thousand Five Hundred Dollars ( $ 2 , 500 . 00 ) .
Ordinance No . Page 4
8 . Operation , maintenance , or construction
of canals , waterways , drains , reservoirs ,
or other facilities that now exist or are
hereafter created or developed as part of
an irrigation system for the primary purpose
of making use of system water , including
return flow and artificially stored groundwater
for the irrigation of lands ;
9 . The marking of property lines or corners on
state - owned lands , when such marking does
not significantly interfere with normal
public use of the surface of the water ;
10 . Operation and maintenance of any system of
dikes , ditches , drains , or other facilities
existing on September 8 , 1975 , which were
created , developed , or utilized primarily
as a part of an agricultural drainage
or diking system ; and
11 . Any project with a certification from
the Governor pursuant to RCW Chapter 80 . 50 .
M . " Use activity " means any development or substan -
tial development , including but not limited
to those addressed by policy statements and
use regulations in the master program .
N . " Wetlands " or " wetland areas " means those
lands extending landward for two hundred feet
( 200 ) in all directions , as measured on a
horizontal plane from the ordinary high water
mark ; floodways and contiguous floodplain
areas landward two hundred feet ( 200 ) from
such floodways ; and all marshes , bogs , swamps ,
and river deltas associated with the streams ,
lakes , and tidal waters which are subject
to the provisions of this chapter and the
State of Washington Shoreline Management Act
( RCW 90 . 58 ) . For the purposes of this chapter ,
the term " associated wetlands " includes biological
wetlands and other dry upland areas contained
within the Shoreline Management Act jurisdiction .
Section II
Section 18 . 88 . 050 of the Camas Municipal Code is amended to
read as follows
18 . 88 . 050 . - Application - Procedure . Applications for such
permits shall be made to the Director of Public
Works on forms to be prepared by him . The Director
of the Public Works Department is appointed the
City ' s " administrator " of the provisions of
this chapter and of the master program . The
l. be made by the property owner ,
application shal
lessee , contract purchaser , or other person
entitled to possession of the property , or by
an authorized agent , and shall be accompanied
by a filing fee of Two Hundred Fifty Dollars
( $ 250 . 00 ) .
Ordinance No . Page 5
Section III
Section 18 . 88 . 060 of the Camas Municipal Code is amended to
provide as follows :
18 . 88 . 060 - Application - Notice .
A . Applications provided by the administrator
shall include written instructions to the
applicant that it is his .responsibility to
publish and post , notices of his application ,
and to provide the administrator with the
names and addresses of all the latest recorded
real property owners within four hundred feet
( 400 ) of the boundary of the property upon
which the substantial development is proposed .
The notice of application shall be published
by the applicant once a week on the same day
of the week for two ( 2 ) consecutive weeks
in the city ' s official newspaper , and a local
daily paper , and four ( 4 ) copies of such notice
shall be posted by the applicant in conspicuous
places on or in close proximity of the property
concerned . The administrator shall mail copies
of the notice to all owners of property within
four hundred feet ( 400 ) of the subject property .
Such published , posted , and mailed notices
shall contain a statement that any person
desiring to present his views on the application
should do so in writing addressed to the adminis -
trator within thirty ( 30 ) days of the final date
of publication , posting , or mailing of the notice ,
whichever comes last . All persons who so submit
their views , and all others who so notify
the administrator , shall be entitled to receive
a copy of the notice taken upon the application .
B . Prior to the conclusion of such thirty ( 30 )
day period , the applicant shall be responsible
for providing the administrator with affidavits
reciting that the notice has been properly
published and posted . The affidavits , together
with a certification by the administrator
that the notice has been deposited in the
U . S . . mails pursuant to this section , shall
be affixed to the application .
Section IV
Section 18 . 88 . 070 of the Camas Municipal Code is amended to
provide as follows .
18 . 88 . 070 - Review Committee - Created . There is created
a Shorelines Management Review . Committee ( SMRC ) ,
which shall consist of the city Director of Public
Works , who shall be an ex - officio member , the
chairman of the Planning Commission , the chairman
of the Parks and Recreation Commission , and a
councilperson to be appointed by the Mayor and
confirmed by the Council . A chairman shall be
elected by the committee annually , or as needed .
The SMRC shall convene as often as necessary on
the call of the administrator .
o
Ordinance No . 1 ° 00 . Page 6
Section V
Section 18 . 88 . 080 of the Camas Municipal Code is amended to
provide as follows :
18 . 88 . 080 - Review Committee - Consideration Criteria for
Applications . Immediately upon application for a
permit under this chapter , the administrator shall
forward the application to the SMRC . The administrator
shall also have prepared an environmental assessment
on the proposed action pursuant to RCW Chapter 43 . 21C .
Upon receipt of the application , the committee
shall consider it , public comments , and supporting
data submitted by the applicant , written comments
submitted in response to the published and posted
notices , and the environmental assessment . Based
upon this and other relevant information , the
SMRC shall evaluate the nature and scope of the
project in its relationship with the overall public
interest , shall determine the significance of
the proposed action and bonding requirements for
improvements . The SMRC shall , by majority vote ,
take one of the following actions .
A . If the proposal is determined to be of minor
significance , it may approve issuance of a
permit which is then forwarded to the state
for review ; or
Be If the significance of the project is such
that it is likely to involve public concern
over the proposed use of the shoreline , it shall
refer the application to the city Planning
Commission for a public hearing .
Section VI
Section 18 . 88 . 100 of the Camas Municipal Code is amended to
provide as follows .
18 . 88 . 100 - Council Review . Within twenty ( 20 ) days , the
administrator shall send the Planning Commission
recommendation to the City Council and such Planning
Commission recommendation shall be accompanied
by complete reports from city and regional staff ,
and by plans and supporting data supplied by the
applicant or by other persons supporting or opposing
the proposed development .
The applicant and all persons who have previously
made written appearances shall be advised that
the application will be on the City Council ' s
agenda on a given date and such persons and others
may appear and be heard thereon but no formal
public hearing is required . After hearing from
the applicant and other interested persons , and
after considering all plans and data supplied by
either , and all staff reports and recommendations ,
and the Planning Commission ' s recommendation , the
City Council shall decide either to . ( 1 ) approve
issuance of the permit ; ( 2 ) disapprove issuance
of the permit ; or ( 3 ) approve issuance of the permit
only if certain specific conditions are met .
Ordinance No . c;10 -Q ; Page 7
Section VII
Section 18 . 88 . 1. 30 of the Camas Municipal Code is amended to
read as follows .
18 . 88 . 130 - Permit - Notice . Notification . After final action
by the SMRC or the City Council , the administrator
shall notify the applicant and all persons requesting
in writing notification of such action , but construc -
tion shall not begin and no building permits shall
be issued until conclusion of the review period
provided for in Section 18 . 88 . 150 .
Section VIII
Section 18 . 88 . 150 of the Camas Municipal Code is amended to
read as follows .
18 . 88 . 150 - Construction Commencement . No construction pursuant
to a substantial development permit shall begin
or be authorized , and no building , grading , or
other construction permits or use permits shall
be issued by the city Department of Public Works
until receipt of notification from the Department
of Ecology that no appeal has been certified by
the state within thirty ( 30 ) days from the date
of f it ing the f inal ruling with the Department of
Ecology and Attorney General , or until all review
proceedings initiated by the state within such
thirty ( 30 ) days have terminated . ( WAC 173 - 14 - 120 ) .
Section IX
Section 18 . 88 . 160 of the Camas Municipal Code is amended to
read as follows
18 . 88 . 160 - Permit - Revision .
A . Where an applicant seeks to revise a substantial
development permit previously granted , he
shall submit to the administrator detailed
plans and text describing the proposed changes .
The administrator shall immediately forward
copies of the proposed revisions to the SMRC ,
and shall also transmit pertinent information
to the Department of Ecology , the Attorney
General , and the latest recorded real property
owners within four hundred feet ( 400 ) of the
boundary of the subject property , requesting
in writing within -thirty ( 30 ) days whether
they believe a new substantial development
permit shall be required . Upon conclusion
of such thirty ( 30 ) day period , SMRC shall
convene to consider the proposed revisions
and written comments thereon . An application
for a revision to an existing substantial
development permit , conditional use permit ,
or variance shall be in accordance with Section
18 . 88 . 050 Application - Procedure .
B . If the SMRC determines that the proposed changes
are within the scope and intent of the original
Ordinance No . Page 8
permit , then the SMRC may approve the application
for a revision . Within eight ( 8 ) days of the
date of final local government action , the
revision including the revised site plan , test ,
and the final ruling on consistency with WAC
173 - 14 - 064 shall be filed with the Department
of Ecology and the Attorney General . In addition ,
the SMRC shall notify parties of the record
of their action .
If the revision to the original permit involves
a conditional use or variance which was conditioned
by the Department of Ecology , the SMRC shall
submit the revision to the Department of Ecology
for the department ' s approval , approval with
conditions , or denial . The revision shall
indicate that it is being submitted under
the requirements of WAC 173 - 14 - 064 ( 5 ) .
C . If the SMRC determines that the proposed changes
are not within the scope and intent of the
original permit , the SMRC shall deny the revision
application .
D . " Within the scope and intent of the original
permit " shall mean all of the following .
( 1 ) no additional over - water construction
is involved except that pier , dock , or float
construction may be increased by five hundred
( 500 ) square feet or ten ( 100 ) percent from
the provisions of the original permit , whichever
is less ; ( 2 ) ground area coverage and height
of each structure may be increased a maximum
of ten ( 10 % ) percent from the provisions of
the original permit ; ( 3 ) additional separate
structures may not exceed a total of two hundred
fifty ( 250 ) square feet ; ( 4 ) the revised permit
does not authorize development to exceed height ,
lot coverage , setback , or any other requirements
of the applicable master program except as auth -
orized under the original permit ; ( 5 ) additional
landscaping is consistent with conditions ( if
any ) attached to the original permit and with
the applicable master program ; ( 6 ) the use
authorized pursuant to the original permit
is not changed ; and ( 7 ) no substantial adverse
environmental impact will be caused by the
project revision .
Section X
Section 18 . 88 . 170 of the Camas Municipal Code is amended to
provide as follows .
18 . 88 . 170 - Permit - Rescission . Any substantial development
permit may be rescinded by the City Council upon
its finding based upon a report from the SMRC
that a permittee has not complied with conditions
of the permit and no further development shall
be done after such rescission , and / or action may
be taken against the security posted under Section
18 . 88 . 110 of this chapter to assure compliance
with conditions of the permit .
Ordinance No . o , � dPage 9
Section XI
Section 18 . 88 . 180 of the Camas Municipal Code is amended to
provide as follows .
18 . 88 . 180 - Permit - Appeal .
A . Any party aggrieved by a decision of the SMRC
may have such decision reviewed by the City
Council by filing a request for review within
ten ( 10 ) days following the decision of the
SMRC . All reviews by the City Council of
SMRC decisions shall be de novo .
B . Any person aggrieved by a decision of the
City Council under this chapter may seek review
from the State Shorelines Hearings Board by
filing a request for the same with the Department
of Ecology and the Attorney General within
thirty ( 30 ) days of their receipt of the final
action as provided for in RCW 90 . 58 . 180 ( 1 ) .
Copies of the appeal shall likewise be filed
with the City Attorney and with the administrator ,
who will forward copies of the same to members
of the SMRC and City Council . The burden
of proof shall in all cases be upon the person
seeking such review .
Section XII
Section 18 . 88 . 190 of the Camas Municipal Code is amended to
provide as follows
18 . 88 . 190 - Variance and Conditional Use - Applicability .
In. order to insure that strict implementation
of the master program will not create unnecessary
hardships or thwart the policy enumerated in Section
18 . 88 . 020 of this chapter , provisions for variances
and conditional uses are here included. . These
provisions shall apply only when it can be shown
that extraordinary circumstances exist and that
the public interest would suffer no substantial
detrimental effect . In the case of substantial
developments , any such varying or conditional use
shall be clearly identified upon the permit for
substantial development , and no separate application ,
filing fee , or permit is necessary for this purpose .
In the case of developments , applications for
variances or conditional uses shall be made to
the administrator of this chapter on forms provided
to him and such applications shall be processed
in the same manner as applications for substantial
development permits provided for in Sections 1. 8 . 88 . 050
through 18 . 88 . 120 , inclusive , of this chapter ,
except that the filing fee for the applications
shall be : variance , One Hundred Fifty Dollars
( $ 150 . 00 ) conditional use , One Hundred Fifty
Dollars ( $ 150 . 00 ) . In all cases the f final local_
action upon a request for a variance or conditional
use shall be submitted to the Department of Ecology
for approval or disapproval .
Section XIII
Section 18 . 88 . 200 of the Camas Municipal Code is amended to
ordinance No . Page 10
provide as follows
18 . 88 . 200 - Variances . The SMRC and / or the City Council may
approve developments and grant substantial development
permits which are at variance with the master
program policy statements , use regulations , and
other pertinent criteria where , owing to special
to a specific piece of property ,
conditions pertaining
the literal interpretation and strict application
of the criteria would cause undue and unnecessary
hardship . No such variance shall be permitted
unless the applicant can demonstrate all of the
following .
A . That if he complies with the provisions of
the master program he cannot make any reasonable
use of his property . The fact that he might
make a greater profit by using his property
in a manner contrary to the intent of the
program is not sufficient reason for a variance ;
B . That the hardship results from the application
of the requirements of the act and master program ,
and not , for example , from deed restrictions
or the applicant ' s own actions ;
C . That the variance granted will be in harmony
with the general purpose and intent of the
master program ; and
D . That the public welfare and interest will
be preserved , if more harm will be done to
the area by granting the variance than would
be done to the applicant by denying it , the
variance will be denied .
Section XIV
Section 18 . 88 . 210 of the Camas Municipal_ Code is amended to
read as follows .
18 . 88 . 210 - Conditional Use . For any use activity which may not
be compatible with the shoreline environment in which
it is proposed , as defined in the master program ,
a conditional use approval shall be required . The
SMRC and / or the City Council may impose performance
standards to make the use more compatible with other
desirable uses within that area . Conditional use
approval may be granted only if the applicant
can demonstrate all of the following .
A . The use will cause no significant adverse
effects on the environment or other uses ;
B . The use will not interfere with public use
of public shorelines ?
C . Design of the development will be compatible
with the surroundings and the master program ,
and
D . The proposed use will not be contrary to the
general_ intent of the master program .
Ordinance No . f. Page 11
Section XV
Section 18 . 88 . 220 of the Camas Municipal Code is amended to
read as follows
18 . 88 . 220 - C .1vil Enforcement .
A . Cease and Desist Order . The City shall have
the authority to serve upon any person a cease
and desist order if an activity is being under -
taken on the shorelines of the City in violation
of this chapter . The cease and desist order
shall set forth and contain .
1 . A description of the specific nature ,
location , extent , and time of violation
and the damage or potential damage ; and
2 . A notice that the violation or the potential
violation cease and desist or , in appropriate
cases , the specific corrective action to
be taken within a given time . A civil
penalty under this section may be issued
with the order and same shall specify
a date certain or schedule by which payment
will be complete .
3 . The cease and desist order issued under this
subsection shall become effective immediately
upon receipt by the person to whom the
order is directed .
4 . Failure to comply with the terms of a cease
and desist order can result in enforcement
actions including , but not limited to ,
the issuance of a civil penalty .
B . Injunctive Relief . The City Attorney shall
bring such injunctive , declaratory , or other
actions as are necessary to insure that no
uses are made of the shorelines of the state
in conflict with the provisions of the Act
and this master program and to otherwise enforce
the provisions of the Act and the master program .
C . Civil Penalty .
1 . Violation .
Any person who falls to conform to the
terms of a permit issued under this master
program or who undertakes a development
or use on the shorelines of the state
without first obtaining any permit required
under the master program or who fails
to comply with a cease and desist order
issued under regulations shall also be
subject to a civil penalty not to exceed
One Thousand Dollars ( $ 1 , 000 . 00 ) for each
violation . Each day of violation shall
constitute a separate violation .
2 . Aiding and Abetting .
Any person who , through an act of commission
or omission proceeds , aids , or abets in
Ordinance No . :: = Page 12
the violation shall be considered to have
committed a violation for the purposes
of the civil penalty .
3 . Notice of Penalty .
The penalty provided, for in this section
shall be imposed by a notice in writing ,
either by certified mail with return receipt
requested or by personal service , to the
person incurring the same from the City .
The notice shall include the " content
of order " specified in subsection A .
4 . Remission and Joint Order .
Within thirty ( 30 ) days after the notice
is received , the person incurring the
penalty may apply in writing to the City
for remission or mitigation of such penalty .
Upon receipt of the application , the City
may remit or mitigate the penalty only
upon a demonstration of extraordinary
circumstances , such as the presence of
information or factors not considered
in setting the original penalty . Any
penalty imposed pursuant to this section
by the City shall be sub 3ect to review
by the City Council . In accordance with
RCW 90 . 58 . 050 and RCW 90 . 58 . 210 ( 4 ) , any
penalty jointly imposed by the City and
the Department of Ecology shall be appealed
to the Shorelines Hearings Board . When
a penalty is imposed jointly by the City
and the Department of Ecology , it may be
remitted or mitigated only upon such terms
as both the City and the Department agree .
C . Delinquent Permit Penalty .
Permittees applying for a permit after commence -
ment of a use or activity may , at the discretion
of the City be required , in addition , to pay
a delinquent permit penalty not to exceed
three ( 3 ) times the appropriate permit fee
paid by the permittee . A person who has caused ,
aided , or abetted a violation within two ( 2 )
years after the issuance of a regulatory order ,
notice of violation , or penalty by the City
or the Department against said person may
be subject to a delinquent permit penalty
not to exceed ten ( 10 ) times the appropriate
permit fee paid by the permittee . Delinquent
permit penalties shall be paid in full prior
to resuming the use or activity .
E . Property Lien .
Any person who fails to pay the prescribed
penalty as authorized in this section shall
be subject to a lien upon the affected property
until such time as the penalty is paid in
full . The City Attorney shall file said lien
against the affected property in the office
of the County Auditor . The notice of lien
Ordinance No . - o Page 13
shall state the monetary amount owed , the
name and address of the person indebted to
the City , and the legal description of the
property against which the lien is claimed .
In addition to filing the lien with the Auditor
of the County , a copy of the lien shall be
served upon the person indebted by regular
mail , and by certified mail , return receipt
requested . Any such lien may be foreclosed
in the manner provided for the foreclosure
of mortgages .
F . Mandatory Civil Penalties .
Issuance of civil penalties is mandatory in
the following instances .
1 . The violator has ignored the issuance
of an order or notice of violation .
2 . The violation causes or contributes to
significant environmental damage to shorelines
of the state as determined by the City .
3 . A person causes , aids , or abets in a violation
within two years after issuance of a similar
regulatory order , notice of violation ,
or penalty by the City or the Department
against said person .
G . Minimum Penalties .,
1 . Regarding all violations that are mandatory
penalties , the minimum penalty is Two
Hundred Fifty Dollars ( $ 250 . 00 ) .
2 . For all other penalties , the minimum penalty
is One Hundred Dollars ( $ 100 . 00 ) .
Section XVI
Section 18 . 88 . 230 of the Camas Municipal Code is amended to
provide as follows :
18 . 88 . 230 - General Criminal Penalty . In addition to any
civil liability , any person found to have willfully
engaged in activities on the shorelines of the
state in violation of the provisions of the Act
or the master program shall be guilty of a gross
misdemeanor and shall be punished by a fine of
not less than One Hundred Dollars ( $ 100 . 00 ) nor
more than One Thousand Dollars ( $ 1 , 000 . 00 ) or
by imprisonment in the county jail for not more
than ninety ( 90 ) days for each separate offense ,
or by both such fine and imprisonment . Provided ,
that the fine for each separate offense for the
third and all subsequent violations in any five
( 5 ) year period shall be not less than Five Hundred
Dollars ( $ 500 . 00 ) nor more than Ten Thousand Dollars
( $ 10 , 000 . 00 ) .
Section XVII
There is hereby added to Chapter 18 . 88 of the Camas Municipal
Ordinance No . Page 14
Code a new section to provide as follows :
18 . 88 . 240 - Development and Building Permits . No building
permit , septic tank permit , or other development
permit shall be issued for any parcel of land
developed or divided in violation of the master
program . All purchasers or transferees of property
shall comply with provisions of the Act and the
master program and each purchaser or transferee
may recover his damages from any person , firm ,
corporation , or agent selling , transferring , or
leasing land in violation of the Act or the master
program , including any amount reasonably spent
as a result of inability to obtain any development
permit and spent to conform to the requirements
of the Act or the master program as well as cost
of investigation , suit , and reasonable attorney ' s
fees occasioned thereby . Such purchaser , transferee ,
or lessor may , as an alternative to conforming his
property to these requirements , rescind the sale ,
transfer , or lease and recover cost of investigation
and reasonable attorney ' s fees occasioned thereby
from the violator .
Section XVIII
There is added to Chapter 18 . 88 of the Camas Municipal Code
a new section to provide as follows :
18 . 88 . 250 - Severability . If any provision of this chapter
or its application to any person or circumstance
is declared unconstitutional or is for any
reason , such decision shall not affect the validity
of the remaining portions of this chapter .
Section XIX
This ordinance shall take force and be in effect five ( 5 )
its publication according to law .
days from and after
PASSED by the Council and APPROVED by the Mayor this
day of e , 1995 .
SIGNED :
Mayor
ATTESTS
/ % '. Clerk
L
APPROVED�`a s o jorm .
�a
LL
+i
City Attorney