Moraga Municipal Code Ch. 14.40 Noncompliance

If the town determines that the work is not being performed in conformance with the approved permit and plans, it shall apply the procedures set forth in this section before taking any other enforcement actions set forth in this chapter.

(Ord. 210 (part), 2006)

On issuance of a written notice to cease work ("Stop Work Order"), the permittee shall immediately cause all grading and hauling connected therewith to cease until written permission is received from the town engineer allowing the permittee to proceed after correcting the objectionable conditions or operations to eliminate the hazard or encroachment and to prevent recurrence of the situation.

(Ord. 210 (part), 2006)

A. The town may suspend the permit and issue a stop work order, pursuant to Section 14.40.020 of this chapter in any of the following circumstances:

1. The town determines that the permit was issued in error, or on the basis of incorrect information supplied by applicant, or in violation of any provisions of this chapter, or other ordinance or regulation;

2. Permittee fails to submit reports when required under Chapter 14.48;

3. Permittee bars the town staff from entering the site;

4. Observation and testing by the town reveals that the work or the work site:

a. Is not in conformity with the grading plan, interim or final plan, or other condition(s) of approval as approved or as modified pursuant to this chapter, or

b. Is not in compliance with an order to modify pursuant to this chapter;

5. Permittee fails to comply with an order to modify within the time limits imposed by the town;

6. Permittee fails to obtain permission for wet season activity pursuant to this chapter;

7. The town finds that conditions at the site vary appreciably from those shown and stated in the application and plans;

8. Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the permittee has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension thereof;

9. The permittee does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner, during grading or construction activities;

10. In transporting materials or equipment, or in the operation of equipment the permittee allows materials or litter to encroach, obstruct, or be deposited on pavement, or in drainage channels, on private property not under the control of the permittee and covered under a lawful permit, or causes unauthorized obstruction or diversion of drainage channels; or

11. Permittee fails to have a qualified inspector, when required, working under the geotechnical engineer on the site during grading.

B. When a permit is suspended the permittee shall be given written notice containing the findings of violation and stop work order. Upon suspension of the permit, the town may seize the permit and/or make appropriate notations on it of the suspension on the permit. Upon further written order of the town, any suspended permit may be either revoked pursuant to Section 14.40.050 of this chapter or reinstated. The town shall reinstate a suspended permit upon permittee's correction of the cause of the suspension.

(Ord. 210 (part), 2006)

A grading permit may be revoked, pursuant to a hearing, for any of the circumstances listed in Section 14.40.030 if, in the opinion of the town engineer, the situation is sufficiently serious and the permittee is not making progress in, or is refusing to, remedy the problem. The town engineer shall hold a hearing on the proposed revocation of a permit. Written notice of the time and place of such hearing shall be served upon the permittee five days prior to the date set for such hearing. Such notice shall also contain a statement of the grounds for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified, or by deposit in the United States mail in a sealed envelop with postage prepaid, addressed to the person(s) to be notified at the address(es) appearing in the application. In the event an appeal is made regarding the decision of the town engineer, all work shall be stopped while the appeal is pending.

In the event of revocation, the town shall have the right to use the bond proceeds to remedy the problem. Resumption of the work will be subject to a new grading permit application.

(Ord. 210 (part), 2006)

In the event the town engineer makes the determination to revoke the permit, the permittee may appeal such determination to the town manager or his or her designee. Such an appeal shall be made in writing and shall state in clear and concise language, the grounds therefore and shall be filed with the town engineer within ten (10) days of the date of the town engineer's determination.

The town manager may make such modifications in the requirements of these provisions as may grant such waivers or modifications of the determinations which are appealed to him or her as he or she shall determine and are warranted to prevent any unreasonable hardship under the facts of each case, provided that such modifications or waiver is in conformity with the general intent of the requirements of this chapter.

(Ord. 210 (part), 2006)

In addition to any other legal remedies, any violation of this chapter, a permit or stop work order shall be considered a nuisance and be abated pursuant to Chapter 7.16 of this code.

(Ord. 210 (part), 2006)

The procedures for enforcement as set forth in this chapter are cumulative and not exclusive.

(Ord. 210 (part), 2006)