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All applicable landscaping standards of this chapter must be documented on city-approved development permits/plans. Failure to comply with such standards will subject the development to stop work orders, code enforcement citations, and/or financial penalties identified below and/or provided in WMC Chapter 16.08, Administrative Procedures. The lot owner and the contractor(s) performing the work on site are responsible for compliance with the provisions of this chapter. Failure of an agent and/or contractor to comply with this chapter will be deemed noncompliance by the owner and the contractor, and fines may be issued to the owner and/or the contractor(s) performing the unpermitted activity.

A. Violations. Remedies and penalties for violations under this chapter are provided in subsection (C) of this section and in WMC Chapter 1.20, General Penalty. The following shall constitute a violation for which the referenced penalties may be imposed, and/or suspension/revocation of the permit:

1. Noncompliance with any of the requirements in this chapter.

2. Noncompliance with conditions imposed by the city planner and/or planning commission.

3. Clearing a lot without first procuring the required permit.

4. Clearing within the shoreline protection area.

5. Clearing a lot contrary to an approved landscape plan.

6. Failure to comply with a notice of violation, citation, and/or stop work order and/or pay any fines imposed pursuant to this chapter.

7. Failure to maintain vegetation as required in this chapter.

B. Evidence of Violation. Visual observation of active clearing or recent clearing shall constitute prima facie evidence of the violation.

C. Penalties. The penalties for violations specified in this chapter shall be the responsibility of the owner and/or contractor. Each day that the violation continues shall constitute a separate offense. In addition to the penalties below, violations of this chapter are subject to the remedies and penalties provided in WMC Chapter 1.20, General Penalty:

1. Tree Removal. The penalty for the unpermitted removal of a preserved tree, including its effective removal by irreparable injury causing an unnatural decline, will be the replacement of the tree with a similar type of tree with a minimum three-inch caliper. Where the actual diameter of the removed tree cannot be directly measured, city officials may estimate the size from any tree remains, photographs, or other reliable evidence.

2. Tree Damage. If a preserved tree has sustained irreparable damage to its normal growth character by topping, “hat racking,” or other pruning exceeding 25 percent of the total crown, the fine may be based on the total caliper inches of limbs removed, up to the trunk diameter measured at four and one-half feet above ground level and full tree replacement may be required.

3. Protection Barriers. The penalty for the failure to install or maintain one or more tree protection barriers required by city development/permit approval will be the cost of one standard replacement tree. Subsequent citations on the same site for failure to install or maintain the required barriers will be the cost of a standard replacement tree for each uninstalled or unmaintained barrier.

4. Unpermitted Clearing (Outside the Shoreline Protection Area). The entire area of vegetation cleared from a lot contrary to the requirements of this section shall be replaced with ground cover and the site perimeter/project boundary landscaping required in this chapter within 12 months of the clearing. This section shall apply to all lot areas cleared prior to or subsequent to the adoption of this chapter. Lots with landscape plans approved prior to July 24, 2017, must be replanted consistent with the landscape regulations in effect at the time of the landscape plan approval. Alternatively, the lot owner may submit a revised landscape plan that brings the site into compliance with the regulations in this chapter. In addition to the remedies provided in this section, violations are also subject to the remedies and penalties provided in WMC Chapter 16.08, Administrative Procedures.

5. Unpermitted Clearing Within Shoreline Protection Area. The entire area of vegetation cleared from a lot contrary to the requirements of this chapter shall be revegetated with noninvasive trees, shrubs, and ground cover similar in type and density to native vegetation on the site prior to clearing, if known, or that is similar to native vegetation in a similar area. A revegetation plan must be prepared by the lot owner and submitted to the city planner for review and approval. Revegetation shall occur during the same growing season as the clearing, except as otherwise permitted by the city planner. (IM 22-03; Ord. 22-03 § 11, 2022; Ord. 17-18(AM) § 2, 2017)