Colfax Municipal Code Art. X Enforcement

The city manager, city engineer, city attorney or any authorized representative shall enforce the provisions of this chapter.

(Ord. 483 (Exh. A) (part), 2005)

Whenever necessary to enforce the provisions of the chapter the city engineer or city manager may enter the premises at all reasonable times in the manner provided by law to perform any duty imposed by this chapter. If such entry is refused, the city engineer or city manager shall have recourse to every remedy provided by law to secure entry.

(Ord. 483 (Exh. A) (part), 2005)

The city engineer, his designee or the city manager may suspend or revoke a permit for good cause, subject to appeal to the city council. However, no work shall be performed during the appeal except as authorized by the city engineer.

(Ord. 483 (Exh. A) (part), 2005)

When ever any work is being done contrary to the provisions of this chapter or any other applicable law, ordinance, rule or regulation, the city engineer, city manger or designees may order the work stopped by serving written notice on any persons engaged in, doing, or causing such work to be done. Any such person shall forthwith stop such work until authorized by the city engineer to proceed with the work. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation. Any person violating a stop work order shall be guilty of an infraction.

(Ord. 483 (Exh. A) (part), 2005)

(a) Abatement of Unlawfully Created Conditions.

(b) Whenever the following conditions are created by violation of this chapter, they are hereby declared to be in the category of hazardous public nuisance:

(1) Where a violation has altered natural drainage patterns and has caused flooding to any downstream property; or

(2) When a violation results in a condition which creates a drainage alteration such that downstream property may be flooded when weather conditions change and the owner, lessee or licensee of the property on which the violation exists cannot be found; or

(3) Whenever a violation results in a hazard, requiring immediate correction for the preservation of the public health, safety or welfare.

(c) The city council, city manager or the city engineer may order city crews or authorize contractors to enter private property to immediately abate a hazardous public nuisance.

(d) Whenever the city expends any funds or takes any action, the city shall bill the landowner, lessee or licensee for the costs indicated herein. The costs shall become a lien on the property upon the bill being recorded in the office of the Placer County recorder. The following costs shall be billed:

(1) Engineering and Design;

(2) Inspections, supervision, preparation of and administering violations;

(3) Contractor service bills or public employee wages at cost;

(4) Administration overhead and supervision based on fifteen (15) percent of all costs incurred.

(5) Interest shall accrue and be billed at the annual rate of ten (10) percent of all unpaid amounts from the date of billing. Amount shall be prorated by month.

(e) Stop Work Notice.

(1) Whenever it comes to the attention of the city manager or city engineer that any person is performing work in violation of the provisions of this subchapter or without a permit as required by the subchapter, the city manager or city engineer may serve upon such person a written order citing such violations and directing that person performing the work to stop work immediately.

(2) Upon receipt of such stop work notice the person performing the work shall:

(i) Stop work immediately; and

(ii) Within twenty-four (24) hours provide the city engineer with a list of remedies which can be immediately undertaken to bring the work into compliance with this subchapter; and

(iii) Within twenty-four (24) hours after acceptance of such remedies by the city engineer undertake, at the violator's expense, such action as is necessary to bring the work into compliance with this subchapter.

(3) Upon failure of any person to comply with the stop work notice served pursuant to this section, the city may perform the corrective work either with city crew or by contract. All persons responsible for the violation shall be liable jointly and severally to the city for the cost of such corrective work.

(4) If engineering work is required to identify and define the proper course of action, as determined by the city such work shall be provided by the violator at no cost to the city.

(5) Fees will be doubled for processing a grading permit after a violation.

(Ord. 483 (Exh. A) (part), 2005)

(a) Any person, firm, or corporation convicted of an infraction under the provisions of this code shall be punishable upon a first conviction of a fine not more than one hundred dollars ($100.00), and for a second conviction within a period of one year by a fine of not more than two hundred dollars ($200.00), and for a third or any subsequent conviction within a one-year period by a fine of not more than five hundred dollars ($500.00). Any violation beyond the third conviction within a one-year period may be charged by the city attorney as a misdemeanor and the penalty for conviction of the same shall be subject to a fine, or imprisonment or both not to exceed the limits set forth in California Penal Code Section 19.

(b) In addition to the penalties here and above provided any condition caused or permitted to exist in violation or any of the provisions of this code shall be deemed a public nuisance and may be by the city of Colfax summarily abated as such.

(c) Each person, firm or corporation shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is committed, continued or permitted by such person and shall be punishable accordingly.

(d) The city manager, director of public works and the city engineer shall have the power to designate by written order that particular officers or employees shall be authorized to enforce particular provisions of this code. Officers or employees so designated shall have the authority to arrest persons who violate any of said provisions.

(Ord. 483 (Exh. A) (part), 2005)

The remedies provided herein are not exclusive, and are in addition to any other remedy or penalty provided by law for violation of this chapter.

(Ord. 483 (Exh. A) (part), 2005)

In addition to any other remedy the city may abate a violation of this chapter by civil action to abate the nuisance pursuant to Government Code Section 54988 and such other laws that authorize abatement of public nuisances. In any such action, the city shall be entitled to recover its administrative expenses, including legal fees and litigation expenses.

(Ord. 483 (Exh. A) (part), 2005)

No building permit, septic, water, sewer, electrical permit, or any other permit shall be issued by the city to any person for any premises or portion thereof which is in violation of this chapter and which violation is not corrected or approved for correction by the city engineer.

(Ord. 483 (Exh. A) (part), 2005)