Article IX — Additional Provisions

The director of public works shall enforce the provisions of this chapter. In accordance with prescribed procedures, the director of public works may appoint such number of technical officers, inspectors, and other employees as required to perform the tasks described in this chapter. The director shall have the authority to designate such officers, inspectors, or employees as may be necessary to enforce the regulations, requirements, and other provisions of this chapter; officers, inspectors, or employees so designated shall have the authority to impose administrative fines and/or fees in accordance with the provisions of Section 15.36.674B of this chapter.

(Prior gen. code § 7-118.0)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

Whenever necessary to make an inspection in conjunction with the enforcement of the provisions of this chapter, or when an authorized enforcement officer has reasonable cause to believe that there exists on the premises any condition that could constitute a violation of this chapter, the officer may enter the premises at all reasonable times to perform the said inspection or any other duty imposed by this chapter, provided that the following conditions are met:

1.

If such premises be occupied, the authorized enforcement officer shall first present proper credentials and request entry; and

2.

If such premises be unoccupied, the authorized enforcement officer shall first make a reasonable effort to locate the owner or other persons having charge or control of the premises and request entry.

B.

Any such request for entry shall state that the property owner or occupant has the right to refuse entry and that in the event such entry is refused, inspection may only be made upon issuance of an inspection warrant pursuant to Code of Civil Procedure, Section 1822.50, by a duly authorized magistrate. In the event that the owner or occupant refuses entry after such request has been made, the authorized enforcement officer is hereby empowered to seek assistance from any court of competent jurisdiction in obtaining such entry.

(Prior gen. code § 7-118.1)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

Whenever any grading work is being done contrary to the provisions of this chapter, an authorized enforcement officer shall have the authority to order the work stopped by serving written notice to that effect on any persons engaged in, doing, or causing such work to be done. If there are no such persons on the premises, the enforcement officer shall post the stop work notice in a conspicuous place thereupon.

B.

Any person responsible for the performance of grading work having received a stop work notice from an authorized enforcement officer shall forthwith stop that work and immediately proceed to secure the work site, pending further direction from the enforcement officer. Under no circumstance shall the work be resumed except under the express direction of the enforcement officer.

(Prior gen. code § 7-118.2)

(Ord. No. 2010-19, § 1, 5-4-10)

Neither issuance of a permit under the provisions of this chapter nor compliance with the provisions hereof or with any conditions imposed or administrative decisions made by the director of public works in conjunction with a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the county for damage to any person or property.

To the fullest extent permitted by law, any permittee shall indemnify, defend, and hold harmless the county, the district, and their boards, officers, employees, and agents (collectively "indemnitees") from and against

all claims, losses, damages, liabilities, or expenses, including reasonable attorney fees incurred in the defense thereof, for the death of or injury to any person or persons (including the permittee's or the county's or district's employees) or damage to any property and/or business loss or economic harm that arises out of or is in any way connected with the issuance of the permit or with grading work performed by permittee or permittee's contractors, consultants, or agents under this permit (collectively "liabilities"). The only exceptions to this duty to indemnify, defend, and hold harmless is for those liabilities caused solely by the negligence or willful misconduct of any indemnitees.

(Prior gen. code § 7-118.3)

(Ord. No. 2010-19, § 1, 5-4-10)

No building, electrical, mechanical, plumbing, stormwater, on-site wastewater treatment permit, or any other permit shall be issued by the county to any person for any premises or portion thereof where there is a current violation of this chapter and which violation is not corrected or approved for correction by the director of public works.

(Prior gen. code § 7-118.4)

(Ord. No. 2010-19, § 1, 5-4-10)

A.

Upon the filing of an application for a permit where the proposed scope of grading work involves the movement of fifteen hundred (1,500) cubic yards or more of material and the associated project has not been previously subject to notification in accordance with the provisions of Chapter 17.54 of the general ordinance code, the director of public works shall notify by mail the owners of property abutting the site, as shown on the latest equalized assessment roll, that an application for a grading permit has been submitted pursuant to this chapter. A similar notice shall be posted by the director of public works on every public roadway within three hundred (300) feet of the affected property.

B.

The notice of pending grading work shall indicate that any person may comment to the director of public works at any stage of the permitting procedure, and that any decision made by the director of public works in conjunction with the review and approval of the application may be appealed by any person in accordance with the provisions of Section 15.36.220 of this chapter.

(Prior gen. code § 7-118.5)

(Ord. No. 2010-19, § 1, 5-4-10)

The director of public works shall have the authority to issue stop work notices or notices to appear, in accordance with the provisions of Section 15.36.684 of this chapter, following the investigation of reports of grading work being performed or having been performed without a permit. Moreover, the director may collect fees, in accordance with the provisions of Section 15.36.684C, to offset the costs of any such investigation. In the event that the director determines that a permit is required to safely complete the works or to secure the site, the said enforcement fee shall be in addition to the costs of obtaining a permit.

In the event that the director determines that the work at a particular site could require the approval of any other agency having jurisdiction, he/she shall have the authority to issue or post a notice directing the property owner to obtain such approval or release from that agency, and that pending such approval or release, authority to direct that the work be suspended and the site secured.

(Ord. No. 2010-19, § 1, 5-4-10)