A. 
When the director determines that a critical area or its buffer has been or may be altered in violation of this chapter, all ongoing development work shall immediately stop and the critical area shall be promptly restored. The city shall have the authority to issue a stop work order to cease all ongoing development work, and order restoration, rehabilitation, or replacement measures at the applicant’s, owner’s or other responsible party’s expense, to compensate for or correct any violation of provisions of this chapter. Such stop work order shall be effective immediately upon posting at the site and/or personal service on the applicant, owner or other responsible party.
B. 
All development work shall remain stopped until a restoration plan is prepared by the applicant and approved by the city. Such plan shall be prepared by a qualified professional and shall describe how the actions proposed meet the minimum requirements of this chapter. The director shall, at the violator’s expense, obtain expert advice, including legal advice, in determining the adequacy of the plan. Inadequate plans shall be returned to the applicant or violator for revision and resubmittal.
C. 
For unpermitted alterations to critical areas the following minimum performance standards shall be met for the restoration; provided, that if the violator can demonstrate to the director’s satisfaction that greater functions and habitat values can be obtained, these standards may be modified:
1. 
The preexisting structural and functional values shall be restored or replicated at the location of the alteration, including water quality and habitat functions;
2. 
The preexisting soil types and configuration shall be replicated; and
3. 
The critical area and buffers shall be replanted with native vegetation that replicates the vegetation historically found on the site in species types, sizes, and densities.
D. 
For alterations to flood and geological hazards, the following minimum performance standards shall be met for the restoration of a critical area; provided, that if the violator can demonstrate to the director’s satisfaction that greater safety can be obtained, these standards may be modified:
1. 
The hazard shall be reduced to a level equal to, or less than, the predevelopment hazard;
2. 
Any risk of personal injury or property damage resulting from the alteration shall be eliminated or minimized; and
3. 
The hazard area and buffers shall be replanted with native vegetation sufficient to minimize the hazard.
E. 
The director is authorized to make site inspections and take such actions as are necessary to enforce this chapter.
F. 
This section is in addition to the authority provided by Chapter 14.13 MCMC. The director may proceed under either or both authorities at the director’s discretion.
(Ord. 2004-603 § 2)
Any or all of the following penalties may be applied at the director’s discretion:
A. 
Any person, party, firm, corporation, or other legal entity violating any of the provisions of this chapter shall be guilty of a misdemeanor. Each day or portion of a day during which a violation of this chapter is committed or continued shall constitute a separate offense.
B. 
Any development (in whole or in part) carried out contrary to the provisions of this chapter shall constitute a public nuisance and may be enjoined as provided by this code or the statutes of the state of Washington.
C. 
The city may also levy civil penalties and take enforcement action pursuant to Chapter 14.13 MCMC against any person, party, firm, corporation, or other legal entity for violation of any of the provisions of this chapter.
(Ord. 2004-603 § 2)