Earlier editions: 2026-09
Chapter 13 — GRADING AND MINING
Butte County Municipal Code Art. I Grading
Butte County Municipal Code · 2026-10 edition · updated 2026-10-04 · Butte County
Cite as: Butte County Municipal Code Article I · Text as of 2026-10-04
13-1 - Purpose.¶
Butte County is noted for its scenic natural beauty, for its streams, creeks, and vernal pools, for its diversity of vegetation including rare and endangered plant species, for its fish and other wildlife, and for its sources of water. All of the said resources are subject to serious damage by improper and uncontrolled grading, including, but not limited to, erosion and siltation jeopardizing or destroying fish and other wildlife and the disruption or contamination of sources of water being used for domestic and other purposes.
The purpose of this article is the control of erosion and siltation, the enhancement of slope stability, the protection of said resources and the prevention of related environmental damage by establishing standards and requiring permits for grading.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-2 - Definitions.¶
For the purpose of this article, the following words and phrases shall have the meanings respectively ascribed to them by this section:
"Agricultural Operation" means any land-related activity for agricultural purposes, including farming, dairying, pasturage, aquaculture, agriculture, horticulture, floriculture, viticulture, apiaries and animal and poultry husbandry, and the necessary accessory uses; provided, however, that the operation of any such accessory uses shall be secondary to that of the normal agricultural activities. As used in this definition, "accessory use" means those supply, service, storage and processing areas and facilities for any other agricultural land. The above uses shall not include stockyards, slaughterhouses, hog farms, fertilizer works or plants for the reduction of animal matter.
"Agricultural Process Grading Review" means the process of review by the United States Department of Agriculture (U.S.D.A.) and Butte County Agricultural Commissioner of proposed Best Management Practices and proposals for grading for agricultural purposes.
"Best Management Practices" (BMPs) means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to Waters of the United States. BMPs also include treatment requirements, operating procedures and practices to control site runoff, spillage or leaks, sludge or waste recycling or disposal, or drainage from raw material storage.
"Channel" means a natural stream that conveys water; a ditch or channel excavated for the flow of water.
"Director" means the director of the department of public works or his duly authorized designee.
"Drainage" means the removal of excess surface water or groundwater from land by means of surface or subsurface drains.
"Erosion" means the wearing away of the land surface by water or wind.
"Erosion and Sediment Control Plan" (ESCP) means a plan prepared to control erosion and sediment discharges from construction activities pursuant to the Small MS4 General Permit and Chapter 50 of the Butte County Code.
"Grading" means any earth movement, including excavation and filling, or any combination thereof.
"Non-agricultural vegetation" means any vegetation on a parcel of land which has no history of prior agricultural use as determined by the Agricultural Commissioner's Office or the County Assessor.
"Small MS4 General Permit" means the State Water Resource Control Board's General Permit for Discharges of Stormwater from Small Municipal Separate Storm Sewer Systems.
"Storm Water Pollution Prevention Plan" (SWPPP) means a plan prepared pursuant to the State Construction Stormwater General Permit that describes the BMPs to be implemented by the owner or operator of a construction site disturbing one (1) acre or more to eliminate illicit discharges and/or reduce pollutant discharges to the stormwater conveyance system.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4263, § 1, 5-27-25)
13-3 - Permit required.¶
Except as otherwise provided herein, it shall be unlawful for any person to commence or perform any grading of more than fifty (50) cubic yards without first having complied with the conditions and requirements of this article.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
Cross reference—Penalty for violation of this section, § 1-7(b).
13-4 - Effect of pending project application.¶
A grading permit shall not be approved for a project which requires a zoning change, subdivision, parcel map or use permit prior to the final approval of said zoning change subdivision, parcel map or use permit.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-5 - Exemptions.¶
A grading permit shall not be required if the amount of grading is fifty (50) cubic yards or less or meets any of the conditions specified below:
(a) Excavation and grading authorized by a valid building permit as provided for under appendix J—Grading of the California Building Code, as adopted by section 26-1 of Chapter 26 of this Code; provided, however, that if the excavation and grading to be performed includes the construction of a driveway longer than one hundred fifty (150) feet, the Building Division shall, before issuing the building permit, direct the applicant to apply to the director for a determination of exemption pursuant to Section 13-5.1
(b) Construction of roads for forestry or fire protection purposes, as required by a governmental fire protection agency.
(c) Excavations for: cemetery graves, tunnels, wells, mining, quarrying, undergrounding of utilities, public works projects, archaeological sites, or dams and public refuse disposal sites, controlled by other regulatory agencies.
(d) Emergency projects due to landslides, road and bridge washouts, flooding or other natural disasters.
(e) Routine maintenance of roads or manmade or engineered flood control channels and levees.
(f) Grading specifically authorized by the terms of any discretionary permit or approval granted by the County of Butte.
(g) Routine agricultural grading maintenance to support, keep, replace, refurbish, replant, cultivate and continue in an existing state or condition without decline, including existing agricultural improvements, such as, but not limited to, fields, pastures, crops, vineyards, orchards, facilities, buildings, structures, walls, fences, poles, ponds, reservoirs, dams, pipes, irrigation systems, bridges, and roads. All other agricultural grading for the conversion of existing non-agricultural vegetation to an agricultural operation will require an Agricultural Process Grading Review by submission of an Agricultural Grading Application to the Butte County Agricultural Commissioner for review and approval.
(h) Maintenance of existing firebreaks and roads to keep the firebreak or road substantially in its original condition.
(i) Timber harvest and management activities when approved and carried out consistent with the California Forest Practices Act.
(j) Clearing of vegetation for fire protection purposes within one hundred (100) feet of a dwelling unit. Any additional clearing for fire prevention, control or suppression purposes is exempt when authorized or required in writing by a fire prevention or suppression agency.
(k) Construction pursuant to subdivision plans or site improvement plans, which have been approved by the Department of Public Works. The off-site storage of excess soil from approved projects to be used as fill for other approved projects is exempt as long as proper erosion and sediment controls are maintained at the stockpiled storage site.
(l) Maintenance of irrigation and drainage facilities.
(m) An excavation for a sewage disposal system or a well that is constructed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.
(n) An excavation for installation, closure, or remediation of an underground storage tank, performed in accordance with a valid permit issued by the Butte County Public Health Department, Environmental Health Division.
(o) An excavation for removal or remediation of site contamination, performed under the oversight of the Butte County Public Health Department, Environmental Health Division, or the California Environmental Protection Agency, or the United States Environmental Protection Agency.
(p) Filling an area previously excavated due to the removal of a residential or commercial building that was damaged or destroyed by fire with soil that is compatible with the existing soil of the site. The area of the fill shall not exceed the area of the excavation, and the grade of the fill shall conform to the existing, natural features of the site.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 2954, § 1, 9-24-91; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4192, § 1, 1-12-21)
13-5.1 - Determination of exemption.¶
(a) Any person who is proposing to perform grading that does not qualify for any of the exemptions in section 13-5 and exceeds fifty (50) cubic yards may apply for a determination of exemption, if the proposed grading is within one (1) of the following categories:
(1) An excavation that does not exceed ten (10) feet in vertical depth at its deepest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.
(2) Fill on a slope of twenty (20) percent or flatter that does not exceed ten (10) feet in vertical height at its highest point, measured from the original ground surface, or one thousand (1,000) cubic yards on any one (1) lot or parcel of real property.
(3) Exploratory excavations which do not exceed one thousand (1,000) cubic yards at any one (1) site.
(b) The application for determination of exemption shall describe the grading which is proposed including the following information: Maximum depth of excavations and fills, maximum slope of area to be graded, volume of excavations and fills, purpose of the grading, and the nature of land use proposed in connection with the grading, potential drainage impacts, and environmental constraints. The application for determination shall be made on a form approved by the director, shall identify the property by assessor parcel number and street address, and shall be accompanied by a location map and plot plan. Upon receipt of the completed application the director shall review it and may make a site inspection and request any additional information necessary to determine whether or not the proposed grading is exempt. The director shall, within ten (10) days from his receipt of all information reasonably necessary, make his determination and mail notification thereof to the applicant stating whether the proposed grading is exempt or a grading permit is required.
(c) Any person receiving a determination of exemption shall comply with the erosion and sediment control requirements as specified in subsections (1) and (2) below:
(1) All excavations or fills that disturb one (1) acre or greater must comply with the State Construction Stormwater Permit and supply a copy of the required Storm Water Pollution Prevention Plan (SWPPP) to the Public Works Land Development Division.
(2) Excavations or fills that disturb less than one (1) acre must comply with Butte County Code Chapter 50 regarding the installation and maintenance of Best Management Practices to prevent the offsite discharge of sediments and pollutants from the disturbed site. Submittal of an Erosion and Sediment Control Plan may be required.
(d) It shall be unlawful for any person to commence grading of a type described in subsection (a)(1), (2), or (3), or to excavate or grade a driveway longer than one hundred fifty (150) feet as provided in section 13-5(a), unless and until he or she has obtained a determination of exemption from the director or a grading permit pursuant to this article.
(Ord. No. 2954, § 2, 9-24-91; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4263, § 2, 5-27-25)
13-6 - Grading permit application.¶
(a) Application for Grading Permit: Each application for a permit that is required by this article shall be made by the property owner or his authorized agent to the director on a form furnished for that purpose and shall be accompanied by a permit application fee and environmental review fee as set forth in the Butte County Master Fee Schedule.
(b) Application Content: An application for a permit shall include the following information:
(1) An accurate location map showing the relation of the project to the nearby community.
(2) An accurate plot plan showing the exterior boundaries of the area affected, and the location of any buildings.
(3) A description of the work to be done together with the materials to be used thereon, including depth of fills, height of cuts, proposed spoils location for any excess excavation, and estimated volumes in cubic yards of excavation and fill.
(4) The location of all drainage to and from the site and the location of culverts and natural watercourses.
(5) A relocation plan for existing waterway or drainage facilities proposed to be altered.
(6) Details of proposed drainage structures.
(7) An erosion and sediment control plan as specified in section 13-10.
(8) The locations of anticipated stockpile areas.
(9) Other pertinent information, as requested by the director.
(10) When the total excavation plus the total fill exceeds ten thousand (10,000) cubic yards, a detailed engineering plan and specifications, soils engineering report, and erosion and sediment control plan, prepared and signed by a licensed civil engineer, will be submitted pertaining to applications involving one (1) or more of the following:
(i) Cuts or fills exceeding fifteen (15) feet in height.
(ii) Existing average slopes exceeding twenty (20) percent.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4192, § 2, 1-12-21; Ord. No. 4263, § 3, 5-27-25)
13-7 - Environmental review.¶
Permit applications shall be referred to the planning division for review pursuant to the Butte County Environmental Review Guidelines and the California Environmental Quality Act.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-8 - Engineering plans and specifications.¶
Engineering plans and specifications, when required pursuant to section 13-6(b)(10), shall be drawn to scale upon reproducible paper or Mylar and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the provisions of this article and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and the person by whom they were prepared. The plans shall include the following information:
(1) General vicinity of the proposed site.
(2) Property limits and accurate contours of existing ground and details of terrain and area drainage.
(3) Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction.
(4) Detailed plans and/or specifications of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the calculated runoff of the area served by any drains.
(5) Location of buildings or structures on the property where the work is to be performed and the location of buildings or structures on land of adjacent owners which are within fifteen (15) feet of the property and which may be affected by the proposed grading.
(6) A detailed list of the materials to be incorporated in the work and quantities of each item, including, but not limited to, earth work, pipe lengths and concrete.
(7) Other pertinent information as requested by the director.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-9 - Soils engineering report.¶
The soils engineering report, when required pursuant to section 13-6(b)(10), shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures, when necessary, and recommendations covering adequacy of sites to be developed by the proposed grading. Recommendations included in the report shall be incorporated in the grading plans or specifications, which shall be subject to review and approval by the director.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-10 - Erosion and sediment control plan.¶
The erosion and sediment control plan shall conform to the standards of this article and shall contain measures to be incorporated into the proposed work.
The ESCP shall contain:
(1) A description of the proposed project and soil disturbing activity.
(2) The proposed site specific temporary and permanent erosion control, sediment control, and good housekeeping BMPs and rationale for selecting the BMPs; including but not limited to:
(i) Protection of established vegetation.
(ii) Minimizing disturbance or removal of established vegetation.
(iii) Revegetation of disturbed areas.
(iv) Drainageway and storm drain protection.
(v) Sediment detention.
(vi) Fill slope protection.
(vii) Cut slope protection.
(viii) Disposal of spoil material.
(ix) Protection of stockpile material.
(x) Dust control.
(xi) Perimeter controls.
(xii) Construction materials control and good housekeeping.
(3) A list of applicable permits associated with the soil disturbing activity and proof that the applicant has obtained all applicable permits, such as: Construction General Permit; Clean Water Act Section 404 Permit; Clean Water Act Section 401 Water Quality Certification; and/or Streambed/Lake Alteration Agreement (1600 Agreements).
(4) Project information including: the name and contact information for the owner and contractor; project location; name of the receiving water that the site will discharge to; the project size and size of the area to be disturbed; and the planned start and completion dates.
(5) Other pertinent information as requested by the Director.
The ESCP shall be submitted in a form acceptable to the Director. The Director has the authority to establish BMP and ESCP requirements and guidance. When a project is required to submit an SWPPP pursuant to the Construction General Permit, the SWPPP may be submitted in lieu of an ESCP provided the requirements of this chapter are met.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4263, § 4, 5-27-25)
13-11 - Standards.¶
(a) General: When a permit is required pursuant to this article, the grading plan and erosion and sediment control plan applicable to the project shall conform to the standards set forth herein.
(b) Erosion and Sediment Control: An ESCP detailing Best Management Practices shall be used for erosion and sediment control.
(1) Sediment caused by the grading project shall be retained on the site to the greatest extent feasible. The rate of erosion after completion of the project should not exceed the natural erosion rate which occurred prior to the grading project. If erosion exceeds the natural rate, erosion and sediment control measures shall be immediately implemented to reduce erosion to allowable levels.
(2) Where practical and feasible, sediment basins, sediment traps, or similar sediment control measures, temporary or permanent, shall be installed prior to grading operations. Upon completion of construction and stabilization of soils, all temporary erosion control facilities shall be removed from the site. All permanent sediment control measures must be maintained by the parcel owner. Notification of such maintenance must be provided annually by the owner to the Department of Public Works.
(c) Established Vegetation:
(1) Established vegetation shall be retained and protected, wherever possible, unless removal is required for public health and safety.
(2) When vegetation must be removed, the method shall be one that will minimize the erosive effects from the removal.
(3) Exposure of soil to erosion by removing vegetation shall be limited to the area required for immediate construction operations.
(d) Grading Practices and Setbacks:
(1) Grading operations shall be conducted so as to control sediment production and dust on the project site and other properties.
(2) The setbacks specified by this section are minimum requirements and may be increased by the director or by the recommendation of a civil engineer, soils engineer or engineering geologist, if necessary for safety and stability, or to prevent damage to other properties, structures, channels, and roadways from deposition or erosion, or provide access for slope maintenance and drainage. Retaining walls and/or deep foundations may be used to reduce the required setbacks when approved by the director.
(3) The required setbacks described in subsection (d)(2) above are as follows:
| Slope Height (H) in Feet | Setback From Top of Cut Or Toe of Fill, in Feet |
|---|---|
| H | Setbacks |
| 0—10 | 5 |
| 10—30 | H/2 |
| Over 30 | 15 |
Increased setback may be required if interceptor drains are necessary.
(e) Control of Runoff:
(1) Each plan which makes changes in surface water drainage shall be required to:
a. Make provision to handle upstream off-site runoff through the project site, based on projected storm runoff from the watershed.
b. Provide and install, at the owner's expense, pertinent drainage, erosion and sediment control structures, and stormwater treatment measures.
c. Retain sediment being transported by runoff water on site through the use of sediment basins, silt traps, or similar control structures.
(2) Release of concentrated surface water runoff shall only be directed into existing drainage facilities, swales or watercourses, at velocities which will not cause the natural erosion rate to be exceeded.
(f) Slope Construction:
(1) Slopes shall not be steeper than one-to-one (1:1) for cuts and one and one-half-to-one (1½:1) for fills, unless a steeper slope is determined suitable by geological and soils engineering analysis. Erosion control measures shall be included in the plans and specifications.
(2) Slopes shall not be constructed so as to endanger or disturb adjoining property.
(g) Revegetation and Slope Surface Stabilization:
(1) Mulching, seeding, the planting of shrubs and trees, or other suitable stabilization measures shall be used to protect exposed slopes as necessary to control erosion, sedimentation and slope stability. Preference shall be given to using locally adapted grasses, shrubs and woody vegetation.
(2) Earth or paved interceptors and diversions shall be installed at the top of cut or fill slopes where there is a potential for erosive surface runoff.
(3) Revegetation shall be maintained by the owner until permanent establishment is achieved.
(h) Grading:
(1) All land within a site shall be graded to drain or infiltrate surface water without ponding, except as otherwise provided herein.
(2) Where drainage swales are used to divert surface waters, they shall be vegetated or protected, as required.
(3) Where bioretention facilities are used, they shall be designed per the requirements of the Small MS4 General Permit.
(i) Protection of Watercourse:
(1) Fills shall not block or change natural watercourses or constructed channels.
(2) Excavated materials shall not be deposited or stockpiled in or alongside the streams, lakes or watercourses where the materials may be washed away by high water or storm runoff.
(j) Disposal of Cleared Vegetation: Vegetation removed during clearing operations shall be disposed of by one (1) or more of the following methods:
(1) Chipping all or some of the cleared vegetation for use as mulch or compost on the site.
(2) Burning all or some of the cleared vegetation. Material to be burned shall be piled in a manner and in such locations as will cause the least fire risk and least damage to adjacent trees. Burning shall be thorough, so that the materials are reduced to ashes. No logs, branches or large charred pieces shall be permitted to remain. Burning shall comply with Butte County Air Pollution Control District and local fire department or district regulations.
(3) Disposing of the balance of the material in a manner and at a location approved by the director.
(k) Excavated and Fill Materials: Excavated material removed during grading operations and imported fill material shall be handled in accordance with the following methods:
(1) Stockpiling sufficient topsoil on the site if necessary for use on areas to be revegetated.
(2) Locating stockpiled soil so that it will not become a source for off-site sediment damage.
(3) Promptly backfilling and compacting stockpiled soil into trenches and pits to reduce the risk of erosion.
(4) Applying mulch or other protective coverings on stockpiled material which will be exposed through the winter season.
(5) Excavated material not to be used at the site shall be disposed of in a manner and at a location approved by the director.
(6) At the discretion of the director, excavated material and imported material placed in permanent fill may be required to be compacted in accordance with section 19 of the State of California Department of Transportation Standard Specifications dated July 2001.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4263, § 4, 5-27-25)
13-12 - Bonding.¶
The director shall recommend financial assurances in such form and amounts as may be deemed necessary to assure that the permitted work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate hazardous conditions or to mitigate environmental impact.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-13 - Director's report.¶
Upon receipt of a complete application for a grading permit by the director, completion of an environmental review pursuant to section 13-7, and the director's consideration thereof, the director shall submit a report including his recommendations to the zoning administrator together with a request that the matter be set for hearing.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4052, § 4, 3-12-13)
13-14 - Hearing.¶
(a) Timeframe for hearing. Upon receipt of the director's report, the zoning administrator shall, in the same manner as provided for in section 24-260 of Chapter 24 of this Code, schedule a public hearing within forty-five (45) days of receiving the director's report.
(b) Determination by the zoning administrator.
(1) The zoning administrator may consider and act upon grading permit applications that are minor and non-controversial in nature. Grading applications approved by the zoning administrator must generally meet the following criteria: grading will not adversely affect sensitive human receptors, sensitive biological resources, or cultural resources.
(2) The zoning administrator may forward grading applications to the planning commission for consideration and action, including any grading applications recommended by the director for consideration by the planning commission.
(3) The determination of the zoning administrator shall be final unless a written appeal is filed in the same manner as provided in section 24-267 of Chapter 24 of this Code.
(c) Determinations by the planning commission.
(1) The planning commission, on the basis of evidence submitted at the hearing, may approve or deny the permit.
(2) The determination of the planning commission shall be final unless a written appeal is filed in the same manner as provided in section 24-267 of Chapter 24 of this Code.
(d) Time Limits and Extensions.
(1) Expiration of Permit. A grading permit shall expire and become void two (2) years after the date of approval except where an extension of time is approved as allowed by Subsection (2)(Extension of Time).
(2) Extension of Time. The zoning administrator may approve an extension to a permit in the following manner:
a. The applicant shall submit to the Department of Development Services a written request for an extension of time no later than ten (10) days before the expiration of the permit.
b. The zoning administrator may extend the permit for an additional one (1) year period if the applicant has proceeded in good faith and has exercised due diligence in efforts to exercise the permit in a timely manner.
c. The burden of proof is on the applicant to demonstrate that the permit should be extended.
d. The zoning administrator may choose to refer any extension of time request to the planning commission for review and final decision.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09; Ord. No. 4052, § 4, 3-12-13)
13-15 - Inspection.¶
The director shall conduct such inspections as are deemed necessary to ensure compliance with the approved plans and specifications and conditions of the permit, or determination of exemption. The director shall have the right of entry upon the project premises to conduct such inspections and to clear out or open up the obstruction of any drainage facility deemed contrary to the provisions of the permit, the determination of exemption, or this article.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-16 - Violations.¶
(a) Revocation of Permit: Whenever any alleged violation of the terms of a grading exemption, determination of exemption, or a grading permit is brought to the attention of the director, he shall, after determining that a violation does exist, either give the permittee a written notice to comply within ten (10) days, or, where continuation of the violation may adversely affect the public health, safety or welfare, give the permittee written notice of suspension of the exemption, determination of exemption, or permit and operations thereunder. Said notices shall be personally served or sent by registered mail, return receipt requested, and shall be effective on the date of the personal service or mailing thereof. If the permittee does not comply with such a notice to comply within thirty (30) days or if the permittee has been given a notice of suspension, the director shall request the question of the revocation of the exemption, determination of exemption, or grading permit to be placed on the agenda of the next regular planning commission meeting. Any exemption, determination of exemption, or grading permit may be revoked or modified by the planning commission in the same manner as specified for use permits in section 24-45.65 of this Code.
(b) Public Nuisance: Any grading in violation of the terms of this article or any permit issued hereunder is hereby declared to be a public nuisance and may be abated in the manner provided by law.
(c) Remedies Cumulative: The remedies provided in this article are cumulative and not exclusive. Nothing in this article bars any legal, equitable, administrative or summary remedy to which any aggrieved public agency, person, firm, corporation or partnership may otherwise be entitled.
(Ord. No. 2680, § 2, 4-26-88; Ord. No. 2738, § 1, 3-7-89; Ord. No. 4011, § 1, 12-8-09)
13-17—13-100 - Reserved.¶
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