Hemet Municipal Code Ch. 67 Grading, Sediment and Erosion Control

(a) Purpose and scope. The purpose of this chapter is to regulate grading activity within the City of Hemet to safeguard the public welfare, life and property. This chapter establishes rules and regulations to avoid the discharge of sediments, pollutants, wastes, and hazardous materials into public or private storm drains and surface waters from land clearing and related activities. This chapter establishes procedures for the issuance and enforcement of grading permits.

(b) Grading standards. The city engineer shall prepare the City of Hemet Grading and Erosion Control Standards setting forth administrative procedures and technical requirements implementing this chapter. The city engineer shall have the authority to update and revise these standards as necessary.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The following terms shall have the meanings provided in this section, unless the context clearly indicates otherwise:

Applicant means any individual, corporation or partnership, public agency or any other legal entity who submits an application for a grading permit under this chapter.

Approved plans means grading plans that bear the signature of the city engineer.

ASTM means the American Society for Testing Materials.

Backfill means refilling an area that has been excavated.

Best management practices or BMPs means activities defined in 40 CFR 122.2, as such regulation may be amended from time to time, to prevent or reduce the pollution of the waters of the United States.

California Building Code means the version of the California Building Code in effect in the city, as it may be amended by the city from time to time.

City engineer means the Director of Engineering/City Engineer of the City of Hemet, or his/her duly delegated representative.

Clearing and grubbing or clearing means the removal of vegetation (brushes, trees, grass, and other plants), weeds, manmade structures, rocks, and other materials from land by any means for the purpose of developing a site.

Compaction means the densification of soils by mechanical or other approved means.

Construction general permit is the permit issued by the state water resources control board establishing waste discharge requirements for discharges of stormwater runoff associated with construction and land disturbance activities, as such permit may be amended from time to time.

Construction site or site means the location of any development project that requires a grading permit.

Cut or excavation means the activity by which soil, rock, gravel or sand is removed, cut into, dug, quarried or relocated.

Emergency means a condition that constitutes a serious and immediate threat to the public health, safety or welfare.

Engineer of record means the registered professional engineer who supervised and signed the grading plan approved by the city engineer.

Erosion means the process by which the surface of the earth is worn away as a result of water or wind action.

Erosion and sediment control plan is a plan prepared under the supervision of and signed by a civil engineer showing the protection of the construction site from erosion and the protection of storm drains, driveways and streets from runoff.

Fault means a fracture in the earth's crust along which movement has occurred. A fault is considered active, as defined by the California Division of Mines and Geology, if the movement has occurred within the last 11,000 years.

Fill means the placement of soil, sand, gravel, rock, or other material for building up the level of an area of ground.

Fugitive dust means particulate matter in the air due to manmade sources as determined by South Coast Air Quality Management District Rule 403, as such rule may be amended from time to time.

Geologic hazard means any geologic feature capable to cause physical injury or structural damage. Such hazard may include, but is not limited to, slope instability, landslide, liquefaction, seismicity, ground fracture, seepage, etc.

Geotechnical report means a report prepared under the supervision of, and signed by, a registered geotechnical engineer and approved by the city engineer.

Grade or slope means the vertical elevation of the ground, as follows:

(a) Natural grade: The grade of unaltered ground surface.

(b) Existing grade: The grade of the ground surface prior to any grading activity pursuant to approved plans.

(c) Rough grade: The grade of the ground surface after work is completed in conformance with the approved plans, but without hard surfaces.

(d) Finish grade: The grade of the ground surface after work is completed in conformance with the approved plans, including hard surfaces.

Grading means any earth moving activity, including, but not limited to, excavation, filling, stockpiling, or clearing and grubbing.

Grading Standards means the City of Hemet Grading and Erosion Control Standards prepared and maintained by the city engineer.

Greenbook standards means those standards articulated in the current edition of the Standard Specifications for Public Works Construction, published by Public Works Standards, Inc.

Maximum extent practicable (MEP) means the standards established by Congress in Clean Water Act Section 402(p)(3)(B)(iii) applicable to operators of MS4 permits.

Municipal separate storm sewer system (MS4) means a stormwater conveyance system, including roads, ditches, channels, catch basins, curbs and gutters, and storm drains, owned and/or operated by the City of Hemet.

National Pollution Discharge Elimination System (NPDES) means the national program for issuing, modifying, monitoring, enforcing, modifying and revoking permits, under sections 307, 318, 402, and 405 of the Clean Water Act.

Natural terrain means the condition of land prior to any disturbance due to grading or other artificial process.

Owner means a person who owns a construction site.

Permit or grading permit means any rough grading permit, precise grading permit or stockpile permit issued by the city in compliance with this chapter.

Permitee means any person to whom a permit is issued under this chapter.

Person means any individual, firm, association, organization, partnership, business trust, corporation, company or other entity.

Pollutant means any substance that may cause or contribute to the degradation of water quality.

Precise grading permit means a permit that is issued on the basis of approved plans that show the precise location of buildings, structures, drainage devices, finished elevations, and other on-site improvements for a particular site.

Quarrying means the removal and extraction of rock, stone, sand, or similar materials from an open excavation for commercial purposes.

Regional water quality control board (RWQCB) means the Santa Ana Regional Water Quality Control Board.

Retaining wall means a structure designed to resist lateral displacement of any material. Retaining walls require a separate permit from the community development department's building division.

Rough grading permit means a permit that is issued on the basis of approved plans that show interim building pads and drainage elevations.

South Coast Air Quality Management District (SCAQMD) means the regulatory agency for all portions of Los Angeles, Orange, Riverside and San Bernardino Counties that oversees air pollution emissions generated by construction activities, including fugitive dust.

State water resources control board (SWRCB) means the regulatory authority that develops statewide water protection policies, allocates water rights, and establishes water quality standards.

Stockpile or stockpiling means a temporary uncompacted fill placed by artificial means.

Stockpile permit means a permit issued by the city engineer which allows for the stockpiling of fill for a period of time not to exceed six months.

Stormwater pollution prevention plan (SWPPP) means the document required by the construction general permit describing the BMPs that will be implemented to protect stormwater runoff.

Terrace means a step constructed in the face of a slope for drainage and maintenance purposes.

Watercourse means a permanent or intermittent stream of surface water, whether natural or manmade.

Watershed means a geographical area that drains to a specific point.

Wet season means the period of time from October 1 through April 30.

Water quality management plan (WQMP) means a plan submitted for city's approval addressing post-construction measures to mitigate stormwater pollution generated by a development.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The city engineer is authorized and directed to enforce the provisions of this chapter. The city engineer shall have the authority to render interpretations of this chapter and to adopt grading standards in order to clarify the application of this chapter.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

Except as provided in section 67-5, no person shall conduct any grading on a site without a permit from the city issued in accordance with this chapter.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

Grading permits are not required for the following operations:

(a) An excavation that does not exceed 50 cubic yards and that satisfies either of the following:

(1) The excavation is less than two feet in vertical depth; or

(2) The excavation does not create a slope greater than five feet in vertical height and steeper than two horizontal feet for every one vertical foot.

(b) A fill that does not exceed 50 cubic yards and that satisfies all of the following:

(1) The fill is less than one foot in vertical height;

(2) The fill is placed on a natural grade with a slope flatter than five horizontal feet to one vertical foot; and

(3) The fill does not obstruct any drainage course.

(c) A fill that does not exceed 50 cubic yards and that satisfies all of the following:

(1) The fill is lower than three feet in vertical height;

(2) The fill is not intended to support structures or mobile homes;

(3) The fill does not obstruct any drainage course.

(d) An excavation below the finish grade for re-compaction purposes that either of the following:

(1) The excavation is within five feet of the footings of any existing building; or

(2) The excavation is for a basement and footings for new construction, including mobile homes, retaining walls, wells, septic systems, or other structures with a valid building permit.

(e) Exploratory excavations conducted under the direction of a licensed professional civil engineer, geotechnical engineer, geologist, archaeologist or paleontologist, provided all excavations are properly backfilled or otherwise restored.

(f) Excavation and backfill for installation of underground utilities by public agencies or private companies operating under the authority of a franchise and/or an encroachment permit.

(g) Grading by public agencies or their agents for the construction and maintenance of roads or facilities for the generation, storage or transmission of electricity or water, including stormwater. Work may be subject to the preparation and implementation of a water quality management plan (WQMP).

(h) Grading conducted by federal, state or local government, or by a local agency as defined by Government Code §§ 53090—53095 (special districts).

(i) Mining, quarrying, excavating, processing, or stockpiling of rock, gravel, aggregate, sand or clay for commercial purposes by a person with a valid conditional use permit from the city, provided that these operations do not alter the direction of, or contribute to sedimentation of, natural watercourses, and do not affect the lateral support of any adjacent properties.

(j) Landfills that have all of the permits necessary to operate from the appropriate federal, state and local agencies.

(k) Grading performed for agricultural purposes in connection with the raising of crops or animals, but not including grading for construction of buildings and/or structures.

(l) Excavating and backfilling individual graves at a cemetery with a valid conditional use permit from the city.

(m) Clearing and grubbing done at the direction of the fire chief to mitigate a potential fire hazard, provided that the clearing and grubbing does not damage any rare, endangered or protected species of plants or animals, or their habitat, or archaeological or historical resources.

(n) Routine clearing and grubbing for maintenance of existing landscaped areas, unless such areas are part of any waterway, floodway or floodplain, wetland, pond, vernal pool or riparian habitat, channel or lake.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) Types of grading permits.

(1) Rough grading permit. The city engineer may issue a rough grading permit upon completion of an application in accordance with this chapter and article 3.1 of the Grading Standards.

(2) Precise grading permit. The city engineer may issue a precise grading permit upon completion of an application in accordance with this chapter and article 3.1 of the Grading Standards.

(3) Stockpile permit. The city engineer may issue a stockpile permit to allow stockpiling on a site for up to six months, or longer if an extension is granted. The stockpiled materials may be compacted and used as fill on the site under a subsequently issued rough or precise grading permit.

(b) Application submittals.

(1) Required submittals. To obtain a grading permit the applicant must submit the following:

a. Application form. A completed application form furnished by the city engineer.

b. Fees. Each application shall be accompanied by the corresponding fees and/or deposits set by resolution of the city council.

c. Plans and specifications. Each application shall be accompanied by the following documentation, which shall be kept current until the conclusion of the permitted activity:

i. Engineering plans and specifications, signed by an engineer of record, prepared in accordance with article 4.1 of the Grading Standards;

ii. An erosion and sediment control plan prepared in accordance with article 10 of the Grading Standards;

iii. A geotechnical report prepared in accordance with article 4.1 of the Grading Standards;

iv. Proof of application for coverage under the state water resources control board's NPDES permit for construction activities; and

v. All other information required by the city engineer as indicated in article 3.1 of the Grading Standards.

(2) Additional submittals. The city engineer may also require an applicant to submit one or more of the following documents depending on the nature of the project:

a. Seismicity report (Alquist-Priolo Earthquake Fault Zoning Act). A seismicity report shall be required as a condition of issuance of a grading permit for all applications associated with subdivisions, projects that propose the development of critical and major structures as defined in the California Building Code, and all other projects that lay within an earthquake fault zone. Such report shall comply with the requirements of the Alquist-Priolo Earthquake Fault Zoning Act (Public Resources Code § 2621 et seq.) and the provisions of article 4.1(b) of the Grading Standards.

b. Dust prevention and control plan. A dust prevention and control plan setting forth the procedures that will be used during construction activity to minimize wind borne particles. Even if the applicant is not required to submit a dust prevention and control plan, all grading and related activity shall comply with AQMD's Rule 403 (Fugitive Dust Emissions), as such rule may be amended from time to time, and the provisions of article 10 of the Grading Standards.

c. Haul route plan. When public roads are used to move construction materials from or to the site during grading operations, a haul route plan shall be required. Deviation from the designated routes shall constitute a violation of the conditions of the permit issued under this chapter.

(c) Permit issuance, expiration and extension.

(1) Permit issuance. The city engineer shall issue a permit to an applicant if the city engineer determines that the applicant has submitted a complete application form, paid the required fees and/or deposits, posted the required securities, and all of the required plans and specifications have been submitted and approved by the city engineer. All permits shall be valid for a period of 180 days from the date of issuance unless an extension of time is granted.

(2) Expiration for failure to commence or diligently continue work.

a. A permit shall automatically expire if the work authorized by the permit is not commenced within 90 days from the date of issuance.

b. A permit shall automatically expire if the work authorized by the permit is suspended or abandoned for a period of 90 consecutive days after the work has commenced.

(3) Extensions of time. The city engineer may extend the term of the permit upon written request by the applicant explaining the circumstances that have prevented or delayed the completion of the work. The city engineer may, in his or her discretion, extend the life of the permit for a period of time not to exceed an additional 180 days. A request for an extension of time shall be submitted not later than 60 days prior to the expiration of the permit. Only one extension of time may be granted per permit.

(d) Denial of permit. A permit shall not be issued if any of the following apply:

(1) The applicant fails to submit a complete application form;

(2) The submitted plans and specifications do not comply with the requirements of this chapter and the Grading Standards;

(3) The securities required in section 67-8 have not been posted;

(4) The application contains false or misleading information;

(5) The applicant fails to pay all required fees and/or deposits.

(6) There is a moratorium, court order, injunction, or any other legal order prohibiting the issuance of the permit;

(7) The city engineer finds that the proposed work may:

a. Create any hazard to person or property;

b. Adversely interfere with existing drainage courses;

c. Expose any property to landslide or other geologic hazard;

d. Damage or endanger any environmentally sensitive species, habitat, rocks and/or archeological artifacts;

e. Cause erosion, flooding or deposit of materials on any other property or public or private roads;

f. The proposed work is inconsistent with the general plan, this Code, or an approved subdivision map.

(e) Permit not transferrable. A permit is not transferrable upon a change of ownership of the site. If a change of ownership occurs after a permit has issued but before the work is complete, a new permit shall be required for completion of the work under the new ownership.

(f) Modifications to permit. If changes are made to the approved plans and specifications after a permit has issued, any additional work, yardage and plan checking shall be charged to the applicant.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) The applicant or any other person not satisfied with the decision by the city engineer in regards to issuance of a permit under this chapter may file a written appeal to the city clerk for a hearing by the city council.

(b) Any appeal shall be filed within three business days following the city engineer's decision on the permit application.

(c) The city clerk shall set a hearing to consider the appeal at the earliest possible regularly scheduled city council meeting.

(d) The city council, after reviewing the pertinent documents and considering the testimonies may:

(1) Uphold the city engineer's decision;

(2) Reverse the city engineer's decision, consistent with the requirements of this chapter; or

(3) Modify the city engineer's decision, consistent with the requirements of this chapter.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) Types of securities. A permit shall not issue unless the permitee first posts a security with the city comprised of a cash deposit, letter of credit, or a bond issued by a surety authorized to conduct business in the State of California, in the amount specified in article 4.1 of the Grading Standards.

(b) Default in performance of conditions. Whenever the city engineer determines that a default has occurred in the performance of the terms and conditions of the permit, written notice shall be given to the permitee and, when applicable, to the surety. Such notice shall specify the work to be done, the estimated cost and the period of time the permitee has to complete the work. If the permitee does not complete the work in the time specified in the notice, the security posted by the permitee shall cover the payment of all necessary costs and expenses that may be incurred to complete the work.

(c) Emergency work. Whenever the city engineer performs emergency work on a site, the permitee shall be liable for all direct and indirect costs incurred by the city to remedy the emergency to the city engineer's satisfaction. The city may suspend the permit until the permitee posts a cash deposit to cover the city's costs or fully reimburses the city for its costs.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The permitee shall be knowledgeable of the conditions and restrictions imposed by the permit. The permitee shall also be responsible to keep an approved copy of the grading plan in an accessible location on the site while grading operations are in progress.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

Grading is allowed Monday through Friday between the hours of 6:00 a.m. and 6:00 p.m. from June 1 through September 30, and between the hours of 7:00 a.m. and 6:00 p.m. from October 1 through May 31. Grading is allowed on Saturdays between the hours of 7:00 a.m. and 6:00 p.m. yearround. Grading on Sundays is prohibited.

The city engineer may extend the hours allowed for grading if he or she determines that such operations are not detrimental to the health, safety or welfare of the occupants of nearby structures, or the quiet enjoyment of nearby residential property.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The hauling of soil, sand, gravel, rock, or other earthen material from or to the construction site on public roadways shall be subject to the following requirements:

(a) The permitee shall be responsible for maintaining the public roadways so used free of dust, earth, or debris generated by the hauling. Water, dust palliative, or both shall be used to alleviate or prevent dust generated by loading and hauling to migrate onto public roadways.

(b) Loading and hauling of soils, sand, gravel, rock , or other earthen materials from or to the site, shall be done within the hours established in section 67-10.

(c) Vehicles hauling soil, sand, gravel, rock or other earthen materials from or to the site shall only use the points of ingress and egress to the site designated on the approved grading plan.

(d) The grade of the first 50 feet of an access road shall be three percent or less, measured from the point where the access road meets a public roadway.

(e) A stop sign shall be posted at the point where an access road meets a public roadway.

(f) Advanced warning signs with the words "Truck Crossing" shall be posted on the public roadway at locations approved by the city engineer.

(g) An import/export fee, set by resolution of the city council, shall be paid for hauling from or to the site.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

All contractors performing work under a permit issued pursuant to this chapter shall have all valid licenses and insurance required by the State of California and the Grading Standards.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The owner or authorized agent of a site shall grant a right to entry into the site to the city for inspection, emergency work, or correction of work not performed in compliance with the conditions of the permit. The owner or authorized agent shall agree to indemnify the city for any claims or damages resulting from the city's entry into the site for any correcting or emergency work.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) The permitee shall be responsible for the prevention of damage to public utilities and services during grading operations. This responsibility applies to the site and along any haul routes.

(b) The permitee shall take reasonable steps to coordinate the proposed excavation with all interested utility companies, agencies and districts.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

A permitee shall not throw, leave, place, dump, deposit or spill soil, sand, gravel, rock or other earthen materials on public roadways or any portion of the public right-of-way. The permitee shall be responsible for the complete removal and clean-up of such materials from the right-of-way.

If a permitee fails to immediately remove the debris, the city may cause the cleanup to be done and the cost of such cleanup shall be the responsibility of the permitee. The city engineer may require an additional cash deposit from the permitee to ensure the cleanup of public roadways and rights-of-way in the future.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The disposal of waste and recycling materials removed from the site during grading shall be in compliance with state law and this Code.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

All grading shall conform to the requirements of the Grading Standards unless otherwise recommended by the geotechnical report and approved by the city engineer. All precise grading shall be designed to provide accessibility to all entrances and exterior ground-floor exits and to normal paths of travel in accordance with California Disabled Access Regulations (California Code of Regulations, title 24, part 2), as such regulations may be amended from time to time.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) All erosion and sediment control plans shall conform to the requirements of the Grading Standards and meet the objectives and requirements of the Clean Water Act and its associated regulations, the city's MS4 permit, the construction general permit, NPDES requirements, and any other law, regulation, ordinance, permit or authorization applicable to activities authorized by the permit.

(b) If the permitee does not install or maintain the erosion and sediment controls identified in the erosion and sediment control plan or as required by this chapter, the city engineer may order city crews to do the work or may issue contracts for such work. The security posted by the permitee shall cover the costs of performing this work, plus reasonable overhead. No work may be done on the site by the permitee, except erosion and sediment control work, until the security is replenished.

(c) Erosion and sediment control maintenance.

(1) Prior to and after each rainstorm, silt and debris shall be removed from check dams, desilting basins, curbs, gutters, streets, brow ditches, terrace drains, silt fences and other private and public stormwater conveyance systems shall be dewatered to prevent overfilling between storm events.

(2) Prior to and after each rainstorm, the erosion and sediment control system shall be evaluated and revised and repaired as necessary.

(3) The permitee shall be responsible for and shall take necessary precautions to prevent public trespass onto areas where impounded water, due to erosion and sediment control devices, creates a hazardous condition.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) Hazardous conditions exist when any grading activity occurs that creates a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities.

(b) The city engineer, or his/her designee, may examine or cause to be examined, every condition reported to the city as being hazardous.

(c) Upon confirmation of a hazardous condition, the city engineer shall provide written notification to the permitee requiring mitigation of the hazardous condition and the time frame for compliance. The notice shall inform the permitee that if the hazardous condition it not mitigated in the time frame given, the city engineer may perform the work at the permitee's cost, and the permit may be suspended as provided for in subsection (d) of this section.

(d) The permitee shall comply with any demand to correct a hazardous condition. In the event that remedial action is not completed within the period given, the city engineer may perform the work. Whenever the city engineer performs such work, the permitee shall be liable for all direct and indirect costs incurred by the city to remedy the hazardous condition to the city engineer's satisfaction. The city may suspend the permit until the permitee posts a cash deposit to cover the city's costs or fully reimburses the city for its costs.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) All grading for which a permit is issued pursuant to the provisions of this chapter shall be subject to inspection by the city engineer to ensure the grading has been done in conformance with the approved plans and specifications. The city engineer may also inspect the site prior to the approval of any permit to determine that the plans and specifications are current and reflect existing conditions.

(b) If the city engineer finds that the soil or other conditions are not as stated in the approved plans and soil or geology reports, the city engineer may refuse to allow further work until a revised grading plan is submitted and approved.

(c) If the city engineer determines that any grading done does not comply with the terms of the permit, or this chapter, the city engineer may order the work stopped by notice in writing to the permitee.

(d) Whenever any work on which inspections are required is covered or concealed by additional work without first having being inspected, the city engineer may require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall be done at the permitee's sole expense.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

If the civil engineer, engineer of record, the geotechnical engineer, the engineering geologist, or the contractor of record is changed during the course of the work, all grading shall be stopped until the permitee submits a letter to the city engineer verifying the change of the responsible professional and the new responsible professional submits a letter in writing stating that he or she has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional party, and that he or she concurs with the findings, conclusions and recommendations, and is satisfied with the work performed.

Notwithstanding the foregoing, where it is clear that the permitee contracted with a firm and not an individual engineer or geologist, the engineer or geologist may be replaced with another engineer and or geologist within the firm without having to comply with this Section.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

The permitee or his agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion and sediment control measures, including landscaping and its irrigation system, have been completed in accordance with the approved plans, and the required reports have been submitted. Where landscape planting for erosion and sediment control has been installed, securities will not be released until the plantings have become established. The establishment of such erosion and sediment control plantings shall be certified by a licensed landscape architect and approved by the city engineer.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)

(a) It shall be unlawful for any person, firm or corporation to perform any grading work within the City of Hemet, or cause the same to be done, in violation of any of the provisions of this chapter or state or federal laws. A violation of this chapter is grounds for denial or revocation of a permit.

(b) Failure to obtain a permit and paying the corresponding fees before commencing work is a violation of this chapter, except when an emergency existed which made it impractical to first obtain the permit. The determination of the existence of an emergency shall be solely within the discretion of the city engineer.

(c) The following shall constitute a public nuisance:

(1) Any grading, or related work, conducted without a permit as required by this chapter.

(2) Any grading, or related work, performed in violation of the conditions imposed by a permit, issued pursuant to this chapter.

(3) The existence of a hazardous condition as defined in section 67-19, upon the determination by the city engineer that such condition exists.

(d) Violations of this chapter may be enforced by administrative citation.

(Ord. No. 1862, § 1(Exh. A), 6-25-13)