Loomis Municipal Code Art. IX Enforcement

The director of public works may suspend or revoke a permit for good cause, subject to appeal to the town council. However, no work shall be performed pending appeal except as authorized by the director of public works.

(Ord. 55 § 1.63, 1987)

A. Abatement of Unlawfully Created Conditions.

1. Either the council or the director may order town crews or authorize contractors to enter private property to immediately abate a hazardous public nuisance. Whenever the following conditions are created by violation of this chapter, they are declared to be in the category of hazardous public nuisance:

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

b. 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

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

2. Whenever the town expends any funds or takes any action, the town 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 included:

a. Engineering and design;

b. Legal;

c. Contractor service bills or public employee wages at cost;

d. Administration overhead and supervision based on ten percent of all other costs incurred; and

e. Interest shall accrue and be billed at the rate of one percent per month of all unpaid amounts beginning thirty days after the date of billing.

B. Stop Work Notice.

1. Whenever it comes to the attention of the director that any person is performing work in violation of the provisions of this chapter or without a permit as required by this chapter, the director may serve upon such person and property owner (if different) 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:

a. Stop work immediately; and

b. Within twenty-four hours provide the director with a list of remedies which can be immediately undertaken to bring the work into compliance with the chapter; and

c. Within twenty-four hours after acceptance of such remedies by the director undertake, at the violator's expense, such action as is necessary to bring the work into compliance with this chapter;

d. Upon failure of any person to comply with the stop work notice served pursuant to this section, the department may perform the corrective work either with town crews or by contract. All persons responsible (contractor and property owner) for the violation shall be liable jointly and severally to the town f or the cost of such corrective work. The property owner is the ultimate responsible party and shall be accountable for any and all problems associated with their work or hired contractor work on the property;

e. If engineering work is required to identify and define the proper course of actions, as determined by the department of public works, such work shall be provided by the violator or ultimately the property owner at no cost to the town.

(Ord. 55 § 1.64, 1987; Ord. 210 § 23, 2004)

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

(Ord. 55 § 1.66, 1987)