Chico Municipal Code Ch. 16.32 Grading Regulations - Enforcement

The grading regulations may be enforced by the enforcement actions, penalties and remedies set forth for in this code. Except as otherwise specifically set forth in this chapter, all enforcement actions, penalties and remedies provided in this code shall be deemed cumulative, and the commencement of any one such enforcement action or imposition of any one such penalty or remedy as a result of a violation of the grading regulations shall not preclude commencement of any other enforcement action or imposition of any other penalty or remedy for the same violation.

(Ord. 2312 §27)

A. Issuance of Order. Whenever the building official determines that grading is being performed in violation of the grading regulations, the building official may issue a Stop Work Order. The order shall include the order of the building official to stop grading work; a brief description of the reasons why such work is being ordered stopped and the action, if any, which must be taken before the work may be resumed; a statement advising of the right of a person aggrieved by such order to apply for administrative review of the order and to appeal the order in a manner provided for by Chapter 16.22; and a statement advising the person on whom the order is served that unless authorized by the building official, any further work on such grading may subject such person to the misdemeanor penalties provided in Section 16.32.070. The order may include a notice to correct the violation, issued under Section 16.32.030, or in the case of work done under a grading permit, an order revoking the permit, issued under Section 16.32.040. The order shall include a statement that it is a misdemeanor to remove or deface the copy of the order posted pursuant to this section.

B. Service of Order. Upon issuing a Stop Work Order, the building official shall cause the order to be served on the owner of the property on which such work is being performed, and on any person known to the building official to be engaged in the work if such person is someone other than the owner of the property on or within which the work is being performed.

C. Posting of Order. Immediately after issuing a Stop Work Order, the building official shall also cause a copy of the order to be posted in a conspicuous place on the property on which the grading work is being performed.

D. Effect of Order. No grading work shall be done or caused to be done on any property for which a Stop Work Order has been issued while the order is in effect. No person served with a Stop Work Order shall thereafter cause or permit any grading described in the order to commence, continue, or resume, unless and until the order is canceled by the building official or a grading permit is issued to authorize the work in question.

(Ord. 2312 §27)

A. Issuance of Notice. Whenever the building official determines that grading is being performed or a condition exists in violation of the grading regulations, the building official may issue a notice to correct the violation. The notice shall contain the name of the persons or persons to whom it is directed, a brief description of the nature of the violation and the action to be taken to correct the violation, a date certain by which the corrective action must be completed, a statement of the right of the persons to whom the notice is directed to apply for administrative review of such determination and to appeal such determination in the manner provided for by Chapter 16.22, and a statement that failure to correct the violation on or before the date required by the notice may subject such persons to the infraction penalties provided in Section 16.32.070 and any other remedies available to the city against the persons or the property.

B. Service of Notice. The building official shall cause the notice to correct to be served on the owner of the property on which the violation has occurred and on any other person known to the building official to be wholly or partially responsible for such violation.

C. Effect of Notice. Any person served with a notice to correct shall cause the violation described in the notice to be corrected on or before the date required by such notice. A person served with a notice to correct shall not be subject to any of the infraction penalties provided in Section 16.32.070 if the violation is corrected on or before the date required by such notice, unless the violation includes grading without a permit required by this title or in violation of any condition of approval or mitigation measure of a subdivision of land, subdivision improvement plan, permit, or other entitlement approved or issued by the city.

(Ord. 2312 §27)

A. Issuance of Order. Whenever the building official determines that a grading permit was issued based on a permit application, grading plans and specifications, a soils engineering report, an engineering geology report or other data and information that contain any material misrepresentation of fact, or that such permit appears to authorize grading that violates the grading regulations, the building official may order revocation of such permit. In addition to setting forth the order of the building official revoking such permit, the order shall contain a brief description of the reasons why the permit is being revoked and the action, if any, which must be taken to allow the permit to be reissued; a statement of the right of a person aggrieved by the order to apply for administrative review of the order and to appeal the order in the manner provided for by Chapter 16.22; and a statement that unless and until such permit is reissued, further work on the grading for which such permit was issued may subject each person causing or doing the work to the misdemeanor penalties provided in Section 16.32.070. The order may require that grading work or fencing be done as necessary to leave the site in a reasonably safe condition as to areas disturbed by the grading work and any fill material onsite or imported for the work.

B. Service of Order. Upon issuing an order revoking a grading permit, the building official shall cause the order to be served personally or by mail on the permittee and the owner of the property, if other than the permittee.

C. Effect of Order. When a grading permit has been revoked, no person shall cause or allow any grading to be commenced, continued or resumed in reliance on the permit, unless and until the permit has been reissued. When a grading permit is revoked, the permit shall not be reissued unless an additional grading plan check fee, or grading permit fee, or both, has been paid.

(Ord. 2312 §27)

Whenever necessary to enforce the grading regulations, the building official may enter upon any property at a reasonable time to inspect such property and any grading work performed or being performed thereon. However, if such property is occupied, the building official shall first present proper credentials to the occupant thereof and demand entry, and if such property is not occupied, the building official shall first make a reasonable effort to locate the owner or other person having charge or control of the property and demand entry. Should entry be refused, the building official shall have recourse to every remedy provided by this code and the laws of the State of California to secure entry to the property.

(Ord. 2312 §27)

Any grading work performed in violation of the grading regulations or that creates a danger to life, property or the environment shall be and is declared to be a public nuisance, and the city attorney is authorized to commence a legal action or proceeding to abate such nuisance in any manner provided by law.

(Ord. 2312 §27)

A violation of the grading regulation is an infraction punishable by a fine in an amount provided by Section 1505 of the city charter. However, a violation of any Stop Work Order or the removal or defacement of any such order posted pursuant to this chapter may be prosecuted as a misdemeanor punishable by a fine not exceeding one thousand dollars ($1,000.00), or by imprisonment in the county jail for a period not exceeding six (6) months, or by both such fine and imprisonment.

(Ord. 2312 §27)