Rio Vista Municipal Code Ch. 13.24 Grading, Erosion and Sediment Control

This grading ordinance is enacted for the purpose of regulating grading on property within the city limits to safeguard life, limb, health, property and the public welfare, to avoid pollution of watercourses with nutrients, sediments, or other materials generated or caused by surface water runoff; in a manner pursuant to and consistent with the Federal Water Pollution Control Act (Clean Water Act, 33 USC, Section 1251 et seq.), Porter-Cologne Water Quality Control Act (California Water Code Section 13000 et seq.), the National Pollutant Discharge Elimination System (NPDES), and the California General Permit for the Discharge of Storm Water from Small Municipal Separate Storm Sewer Systems (MS4).

This grading ordinance is intended to ensure that the intended use of a graded site within the city limits is consistent with the city general plan, any specific plans adopted thereto and all applicable city ordinances and regulations. This grading ordinance is intended to control all aspects of grading operations within the city limits.

(Ord. 010-2014 § 1)

To the extent not preempted by state or federal law, that law, regulation, order or permit requirement which establishes the higher standard for public health or safety shall govern. To the extent permitted by law, nothing in this chapter shall preclude enforcement or any other applicable law, regulation, order, or permit.

(Ord. 010-2014 § 1)

This grading ordinance sets forth rules and regulations to control land disturbances, landfill, soil storage, pollution, and erosion and sedimentation resulting from construction activities. This grading ordinance establishes procedures for issuance, administration and enforcement of permits for such activities. Any grading within the city limits shall conform to provisions of this grading ordinance and other applicable provisions of the city code, including, but not limited to, the latest edition of the standard specifications for public works construction, drainage policies, and the city's improvement standards.

(Ord. 010-2014 § 1)

This grading ordinance shall be administered for the city by the department of public works, through the building permit process, improvement plan process or capital improvement project process, as applicable.

(Ord. 010-2014 § 1)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this grading ordinance, they shall have the meaning ascribed to them in this section:

"Applicant"

means any person seeking or receiving grading approval, in accordance with the terms of this grading ordinance, to perform grading after the issuance of a building permit or the approval of improvement plans, or to commence grading prior to such issuance or approval.

"Best management practices (BMP)"

means any program, technology, technique, process, sighting criteria, operating method, measure or device which controls, prevents, removes or reduces pollution, erosion, and sediment transport.

"City council"

means the city council of the city of Rio Vista.

"Civil engineer"

means a professional engineer registered as a civil engineer by the state of California.

"Compaction"

means the increase of density of a soil or rock fill by mechanical means.

"Cut (excavation)"

means the removal of naturally occurring earth materials by manual or mechanical means, and the conditions resulting therefrom.

"Director"

means the director of public works of the city of Rio Vista, or authorized designees.

"Drainage waters"

means surface waters which collect, or are accumulated, on the ground and which, by means of drainage ways or water courses, flow off the surface to larger rivers, streams, or lakes. Such waters shall include, but are not limited to, natural precipitation and irrigation waters.

"Drainage way"

means a depression in the earth's surface such as a swale, ravine, gully, slough, draw, hollow, or ditch in which surface water collects for drainage.

"Earth material"

means any rock, natural soil or fill and/or any combination thereof.

"Embankment (fill)"

means the deposit of soil, rock or other materials placed by artificial means and the conditions resulting therefrom.

"Encroachment permit"

means a written permit issued by the department of public works authorizing certain work within a publicly maintained right-of-way.

"Engineering geologist"

means a registered geologist certified as an engineering geologist by the state of California.

"Erosion"

means the washing or wearing away and transportation of earth material as a result of the movement of wind, water, or ice.

"Erosion and sediment control plan (ESC plan)"

means a plan that consists of a set of best management practices or equivalent measures designed to control surface runoff and erosion, retain sediment on a particular site, and prevent pollution of site runoff during the period in which preconstruction and construction related grading and/or soil storage occur, and before final improvements or permanent structures are completed.

"Excavation (cut)"

means the removal of naturally occurring earth materials by manual or mechanical means, and the conditions resulting there from.

"Existing grade"

means the elevation of the ground surface at a given point prior to excavating or filling.

"Finish grade"

means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Geotechnical engineer"

means a civil engineer registered by the state of California who is qualified in the field of soil mechanics and soil engineering and has the authority to use the title "soil engineer."

"Grade"

means the vertical location of the ground surface.

"Grading"

means any land excavation or filling or combination thereof, or the removal, plowing under or burial of vegetative groundcover.

"Grading plan"

means a plan prepared in accordance with this chapter showing grading and related work.

"Manual of standards"

means a compilation of administrative procedures, technical standards and design specifications adopted by the city council for controlling construction-related grading, surface runoff, erosion and sedimentation. This manual of standards shall be titled Administrative and Technical Procedures Manual for Grading and Erosion and Sediment Control.

"Owner"

means the legal owner of the property where the grading work is to be done, as shown on the latest equalized assessment roll in office of the county assessor.

"Parcel (lot)"

means the land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the county recorder's office.

"Permit"

means either a building permit or a separate grading permit issued by the city.

"Person"

means any person, firm, corporation, or public agency whether principal, agent, employee, or otherwise.

"Post construction erosion and sediment control plan (PC plan)"

means a plan consisting of a set of best management practices or equivalent measures designed to control surface runoff and erosion and to retain sediment on a particular site after all final structures and permanent improvements have been erected or installed.

"Preliminary grading plan"

means a plan that shows the proposed grading work in relation to the existing site prepared and submitted with the application for a grading permit.

"Rainy season"

means the period of the calendar year during which there is a substantial risk of rainfall. For the purpose of this chapter, the rainy season is defined as beginning on October 1st and ending on April 30th of the calendar year.

"Rough grade"

means the stage at which the grade approximately conforms to the approved plan.

"Sediment"

means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Site"

means any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Slope"

means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

"Soil"

means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

"Vegetation"

means plant life or total plant cover of an area.

"Watercourse"

means any natural or manmade channel in which water flows continuously or intermittently in a definite direction and course, or which is used for the holding, delay or storage of waters, or which functions at any time to convey or store storm water runoff.

(Ord. 010-2014 § 1)

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the city without first obtaining approval of such grading from the director in accordance with the provisions of this grading ordinance.

(Ord. 010-2014 § 1)

The following grading may be done without obtaining grading approval unless grading approval is required in mitigation monitoring agreements or other conditions of project approval. Exemption from the grading approval requirement shall not be deemed as permission to violate any other provision of this chapter.

A. Minor construction projects which meet all of the following requirements:

1. The volume of material graded is less than 50 cubic yards,

2. The depth of cuts and fill is less than two feet,

3. Any drainage way is not blocked or obstructed and its stormwater carrying capacities are not modified,

4. Slopes are less than 10% and are not left in an unstable or condition that will allow erosion;

B. Single-family residential lots less than one-half acre that are not part of a larger common plan and residential in-fill projects less than one-half acre which also meet the requirements of subsection A of this section;

C. Excavations in connection with a swimming pool authorized by a valid building permit;

D. Grading necessary for agricultural operations unless the failure of any cut or fill created by such grading could endanger any structure intended for human or animal occupancy or any public road, or could obstruct any water course or drainage way;

E. Exploratory excavations of less than 350 cubic yards under the supervision of a geotechnical engineer;

F. Routine cemetery excavations and fills;

G. Performance of emergency work necessary to protect life or property when an urgent necessity therefor arises. The person performing such emergency work shall notify the director promptly of the problem and the work required;

H. An excavation below finished grade for basements and footings of a building authorized by a valid building permit;

I. Refuse disposal sites controlled by Title 23, Chapter 15, of the California Code of Regulations;

J. The repair and maintenance of levees for river and local drainage control performed by a governmental agency.

(Ord. 010-2014 § 1)

Grading approval may be issued by the director in connection with the issuance of a building permit or the approval of improvement plans, or where grading is commenced prior to such issuance or approval, through the issuance of a separate grading permit.

(Ord. 010-2014 § 1)

A. No grading shall be approved unless the project conforms with the city's general plan, any adopted specific or community plans, and applicable city ordinances, including the zoning ordinance and the subdivision ordinances.

B. Where the California Environmental Quality Act (CEQA) requires the preparation and approval of environmental documents concerning a project which will result in grading for which a grading permit is required under this chapter, no grading shall be approved until all CEQA requirements have been met, including, but not limited to, mitigation measures relating to protection of threatened and endangered species under applicable federal and state endangered species laws.

C. Where a proposed grading project requires the filing of a tentative map or the intended use requires approval of a discretionary zoning permit or variance, grading may also require approval from the city planning and building department.

D. Work shall be performed in accordance with the provisions of this grading ordinance and the applicable criteria set forth in the manual of standards.

E. Grading approval shall be limited to work shown on the grading plans as approved by the director. The director may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a hazard to public or private property, and/or to assure proper completion of the grading, including, but not limited to, the following:

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings, including, but not limited to, those matters specified in subsection B of this section;

2. Improvement of any existing grading to comply with the standards of this grading ordinance;

3. Requirements for fencing or other protection of grading which would otherwise be hazardous;

4. Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, access roads and haul routes;

5. Requirements for safeguarding watercourses, whether natural or manmade, from excessive deposition of sediment or debris. In no case shall deposition of sediment or debris cause an exceedance of applicable water quality standards;

6. Assurance that the land area in which grading is proposed and for which habitable structures are proposed is not subject to hazards of land slippage or significant settlement or erosion and that the hazards of flooding can be eliminated or adequately reduced;

7. Requirements for safeguarding existing water wells.

(Ord. 010-2014 § 1)

Neither issuance of grading approval under the provisions of this grading ordinance, nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder, shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property.

(Ord. 010-2014 § 1)

The issuance of grading approval shall not be construed as an approval of any action or condition constituting a violation of the provisions of this grading ordinance or any other applicable laws, ordinances, rules, or regulations.

(Ord. 010-2014 § 1)

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of storm waters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, water courses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable laws including, but not limited to, the provisions of this grading ordinance.

(Ord. 010-2014 § 1)

No person shall excavate or remove any material from or otherwise alter any levee adjacent to any river, creek, bay, or local drainage control channel, without prior approval of the governmental agency or agencies responsible for the operation and/or maintenance of the levee.

(Ord. 010-2014 § 1)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the director, and without obtaining a city encroachment permit.

(Ord. 010-2014 § 1)

Whenever the director determines that any grading on private property constitutes a condition which could endanger persons or property, or could adversely affect the safety, use or stability of adjacent property, or an overhead or underground utility, or any public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, the owner of the property upon which the condition is located, or other person or agent in possession or control of said property, upon receipt of notice in writing from the director, shall, within the period specified therein, stop all work. The director may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.

(Ord. 010-2014 § 1)

The provisions of this grading ordinance shall not apply to planned or existing construction for which all previously necessary permits and approvals were obtained prior to the effective date of the ordinance codified in this chapter.

(Ord. 010-2014 § 1)

Applications for permits shall be obtained from and filed with the department of community development, building division. Each application shall include a plan checking fee, the preliminary or final grading plans and a statement of the intended use of the site. Only one application and permit is allowed for grading work to be done on a site. The director shall determine whether the application is complete in accordance provisions of this chapter herein and may require additional information from the applicant before accepting the application as complete. The applicant shall be notified within 10 working days if the application is deemed incomplete, and of the requirements for completing the application.

(Ord. 010-2014 § 1)

Where a subdivision improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map; or a site plan is being process in accordance with the provisions of this code, such plan shall also be considered as an application for grading approval. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the standards and requirements set forth in this grading ordinance and other applicable city specifications. If an improvement plan or site plan is approved, then a separate grading permit shall not be required. Approval of the improvement plans constitutes approval of the grading work intended.

(Ord. 010-2014 § 1)

Applicants for a permit to allow grading prior to issuance of a building permit or approval of improvement plans shall meet the following requirements:

A. Preliminary grading plan shall be submitted for review and approval by the director. This plan shall conform to the requirements of this grading ordinance and any applicable conditions placed on the project as a result of any formal discretionary permit process. The applicant shall acknowledge that any additional grading or revisions to work necessitated by conflicts discovered during the improvement plan check or subsequent construction will be corrected at the applicant's expense.

B. Both erosion and sediment control plans in accordance with provisions of this chapter, plans and specifications, of this grading ordinance shall be submitted for review and approval by the director.

C. A winterization certification shall be submitted for review and approval by the director in accordance with the provisions of the code.

D. Plan check and inspection fee deposit shall be required in the amount of the full plan check fee applicable at the time of submittal in accordance with Section 13.24.310 of this chapter.

E. No grading permit shall be issued until all applicable CEQA requirements have been met.

(Ord. 010-2014 § 1)

The director may refer the application to other interested public agencies for their recommendations.

(Ord. 010-2014 § 1)

No application for grading approval shall relieve the applicant of responsibility for securing other permits or approvals required for work which is regulated by any other department or other public agency (such as the State Water Resources Control Board Construction General Permit), or for obtaining any easements or authorization for grading on property not owned by the applicant. Proof of applicable public agency permits may be required prior to issuance of grading approval.

(Ord. 010-2014 § 1)

Five complete sets of plans, as determined by the director, including, but not limited to, profiles, cross-sections, topographic maps, erosion and sediment control plans, and accompanying specifications shall be submitted to the director with each application for grading approval or when otherwise required by the director for enforcement of any provision of this chapter. At the time of application, the applicant may provide preliminary grading plans. Prior to the issuance of grading approval, the applicant must furnish final grading plans and all erosion and sediment control plans. Preliminary grading plans with appropriate changes and additions thereto may be accepted as final grading plans. When the final grading plans and other required documents have been approved, grading approval will be issued by the director. The work shall be done in strict compliance with the approved plans and specifications which shall not be changed or altered except in accordance with the provisions of this chapter.

(Ord. 010-2014 § 1)

Preliminary grading plans provide for review and determination of grading requirements prior to approval of final plans and issuance of grading approval. Precise design at this stage is not required. The plans shall be clearly and legibly drawn and entitled "Preliminary Grading Plan," and shall contain a statement of the purpose of the proposed grading, and shall include all of the information required in the Manual of Standards.

(Ord. 010-2014 § 1)

Final grading plans and specifications shall be prepared and signed by a registered civil engineer, except as otherwise provided herein. In addition to all requirements for preliminary grading plans, the final plans shall include the information required in the Manual of Standards. The director may waive the requirement that all plans and specifications be prepared and signed by a register civil engineer if the grading would not endanger the public health, safety, or welfare as determined by the director and would not involve or require any of the following:

A. Cuts and fills with a combined total of 350 cubic yards or more;

B. An access road serving five or more existing or proposed residences;

C. A cut or fill that is located so as to cause unduly increased pressure or reduce support upon adjacent structure of property;

D. The construction of any drainage or sediment control structures, culverts, or facilities or alteration of any existing drainage course;

E. The creation or aggravation of an unstable slop condition.

(Ord. 010-2014 § 1)

The ESC plan shall be prepared by a qualified person for all projects to control surface runoff and erosion and to retain sediment on a particular site and prevent pollution of site runoff during the period when preconstruction and construction related grading activities occur, but before final improvements or permanent structures are complete. The ESC plan shall be prepared and submitted concurrently with the final grading plan. The ESC plan may be incorporated on the same plan sheet as the final grading plan unless it makes the sheet cluttered, or it may be submitted on a clean separate sheet. The separate sheet shall be drawn clearly and legibly and entitled "erosion and sediment control plan," shall contain a statement of the purpose of the proposed best management practices to be used and soil loss calculations if necessary, and shall include all of the information required and contained in the Manual of Standards.

(Ord. 010-2014 § 1)

The PC plan shall be prepared for all projects to control surface runoff and erosion and retain sediment on a particular site after all planned final improvements and/or structures have been installed or erected. The PC plan shall be prepared and submitted concurrently with the final grading plan and shall include site design measures, low impact development design measures, and hydromodification management. The PC plan shall be drawn clearly and legibly, and entitled "post construction erosion and sediment control plan." The PC plan shall contain a statement of the purpose of the proposed best management practices to be used to secure the project after completion including final stabilization methods and removal of temporary best management practices, and shall include all of the information required and contained in the Manual of Standards.

(Ord. 010-2014 § 1)

A winterization certification shall be submitted no later than September 15th for all projects where any construction will occur between October 1st and April 30th. Construction that will occur solely in the summer months, between May 1st and September 30th will not be required to submit a winterization certification. The winterization certification shall consist of a written statement or descriptive plan sheet from the owner certifying that the project under construction is prepared for an event which will stop construction, such as rain or snow, that all ESC plan best management practices are in place and operating correctly, that housekeeping practices are maintained and that the site can be left or abandoned safely for an extended period of time during the rainy season without causing any erosion and sediment control problems. If a winterization certification is required and has not been submitted and approved prior to September 16th, the grading approval will be suspended until a winterization certification is submitted and approval obtained. Refer to the Manual of Standards, for additional information regarding winterization certification.

(Ord. 010-2014 § 1)

Any modifications of an approved final plan shall be submitted in writing to the director, who shall approve or deny such modification in his or her sole discretion. All necessary soils and geological information and design details shall accompany any proposed modification. Any modification shall be compatible with all subdivision map or land use requirements.

(Ord. 010-2014 § 1)

Any activities performed under the authority of this grading ordinance, including but not limited to grading, excavation, soil storage, soil transportation, erosion and sediment control measures, shall conform to the general design standards set forth in the Manual of Standards.

(Ord. 010-2014 § 1)

The director shall issue grading approval if final grading plans satisfy the provisions of this grading ordinance and the Manual of Standards. The director shall identify the provision, requirement, or condition which has not yet been met or performed by the applicant in the event the issuance of grading approval is denied.

(Ord. 010-2014 § 1)

A. Before grading approval is issued, the applicant shall deposit with the director cash or a check, in a sufficient sum to cover the fee for issuance of the approval, charges for review of plans, specifications and reports, other engineering services, field investigations, necessary inspection or other work and routine laboratory tests of materials and compaction, all in accordance with the schedule of fees and costs established and adopted by the city council. If the initial deposit does not cover the cost of review and inspection, the director may charge additional fees.

B. If grading work is done in violation of this grading ordinance or does not comply with the terms and conditions of a grading approval issued for such grading, a fee covering investigation of any violation and inspection and plan checking of work required to correct such violation shall be charged to the violator to cover all costs actually incurred by the city.

(Ord. 010-2014 § 1)

The applicant shall submit periodic progress reports on specified calendar dates and at commencement and completion of specified grading and erosion and sediment control operations. The dates upon which such reports are required and their content shall be as required by the director in the grading approval.

(Ord. 010-2014 § 1)

The applicant shall submit to the director record construction drawings of the final grading plan and erosion and sediment control plans following completion of grading operations.

(Ord. 010-2014 § 1)

The director may inspect any work done pursuant to this grading ordinance at any time during the course of construction. No person shall be deemed to have complied with this grading ordinance until a final inspection of the work has been made by the director. As a condition of any grading approval, the applicant shall provide the city a right-of-entry and reasonable access, in accordance with Section 13.24.470 of this chapter, to the site during the performance of all work and for a minimum period of one year after acceptance by the director of all improvements pursuant to this grading ordinance.

(Ord. 010-2014 § 1)

Prior to any grading work or related activities, the owner must flag all property corners of the parcel of land to be graded. If the property corners are unknown, or whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or other resolution of the title dispute, all at the expense of the applicant, may be required by the director.

(Ord. 010-2014 § 1)

A. Protection of Utilities. The applicant shall be responsible for the prevention of damage to any public utilities or services.

B. Protection of Adjacent Property. The applicant shall be responsible for the prevention of damage to adjacent property. No person(s) shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, structure, or other public or private property, or easement, without supporting and protecting such property from any damage which might otherwise result.

C. Advance Notice. The applicant shall notify the director at least 24 hours prior to the start of work.

D. Erosion and Sediment Control. It shall be the sole responsibility of the applicant to prevent discharge of sediment from the site, in quantities greater than before the grading occurred, to any watercourse, drainage system, or adjacent property.

(Ord. 010-2014 § 1)

All the work required by the permit or grading approval shall be completed within the time limits specified in the permit or approval. If the work cannot be completed within the specified time, a request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the director no later than 30 days prior to the expiration of the permit or approval. The director shall in his or her sole discretion approve or deny such request. The director may require a new application and fees depending on the time between the expiration date and the extension request, revisions in city regulations, and/or changed circumstances in the immediate area.

(Ord. 010-2014 § 1)

No approval or permit issued under this grading ordinance may be transferred or assigned in any manner whatsoever, without the express written consent of the director.

(Ord. 010-2014 § 1)

A. As a condition for the issuance of grading approval, the director may require the deposit of an improvement security in an amount deemed sufficient by him or her to assure faithful performance of the grading work in the event of default on the part of the applicant. Said security shall be in a form acceptable to the city.

B. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work and subdivision improvements have been accepted by the city.

C. For projects other than subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work has been accepted by the director.

D. In addition to the improvement security, the director may also require the deposit of maintenance security in an amount deemed sufficient by him or her to guarantee and maintain the grading work performed, to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in a form acceptable to the city and shall remain in effect for a period of one year after the date of acceptance of the improvements or grading work, as designated in subsections B and C of this section, or such other periods of time as required by the director.

E. Any deposit required by the director pursuant to this title shall be payable to the city.

F. Upon failure to complete the work, failure to comply with all of the terms of this grading ordinance, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the city may do the required work, or cause it to be done and collect from the applicant or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit shall be refunded to the applicant after deduction by the city of the cost of the work.

(Ord. 010-2014 § 1)

Appeals of any decision made pursuant to this grading ordinance shall be made consistent to existing city appeal protocols. Appeals must be submitted in writing, setting forth the specific grounds of the appeal.

(Ord. 010-2014 § 1)

The director shall enforce the provisions of this grading ordinance.

(Ord. 010-2014 § 1)

The director may suspend or revoke grading approval for good cause. In the event that a suspension or revocation is appealed to the construction codes advisory and appeals board, no work shall be performed pending appeal except as expressly authorized, in writing, by the director.

(Ord. 010-2014 § 1)

A. Whenever any work is being done in violation of the provisions of this grading ordinance or any other applicable law, ordinance, rule or regulation, the director may order the work stopped by serving written notice of such violation 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 director to proceed with the work. If there are no persons present on the premises, the notice shall 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.

B. Upon receipt of or knowledge of the existence of such stop work notice, the person performing the work shall:

1. Stop work immediately; and

2. Within 24 hours, provide the director with a list of remedies which can be immediately undertaken to bring the work into compliance with this ordinance; and

3. Within 24 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; and

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

(Ord. 010-2014 § 1)

A. Any condition in violation of this grading ordinance is declared to be a public nuisance, subject to abatement. In the event that the director determines that a violation has created a condition which is of such a nature to be imminently dangerous to the public health, safety or welfare, such condition may be abated in accordance with the summary abatement procedures set forth in the city code.

The following conditions are declared to constitute an imminently dangerous condition:

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

2. When a violation results in a condition which creates a drainage alteration such that upstream or 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. When a violation results in a hazard, requiring immediate correction for the preservation of the public health, safety, or welfare; or

4. When a violation results in a discharge or release of significant amounts of sediment or other pollutants which causes or threatens to cause flooding, property damage, or unsafe conditions.

B. The costs incurred by city to abate any nuisance caused by a violation of this grading ordinance shall be assessed against the subject property as a lien or made a personal obligation to the owner of the property as provided in the city code. Such costs may include, but shall not be limited to, the following:

1. Engineering and design costs;

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

3. Administrative overhead and supervision based on 10% of all other costs incurred;

4. Interest which shall accrue and be billed at the rate of 10% of all unpaid amounts from the date of billing;

5. Attorney fees and costs.

C. The abatement procedures set forth in this section are cumulative and in addition to any other rights or remedies which are or may be available to city to correct or cause to be corrected any violation of this grading ordinance, or to abate a condition which is otherwise a public nuisance.

(Ord. 010-2014 § 1)

Any person violating any provision of this grading ordinance shall be guilty of an infraction.

(Ord. 010-2014 § 1)

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

(Ord. 010-2014 § 1)

Whenever necessary to enforce the provisions of this grading ordinance, the director may enter the premises at all reasonable times to the extent authorized by law to perform any duty imposed by this grading ordinance. If such entry is refused, the director shall have recourse to every remedy provided by law to secure entry.

(Ord. 010-2014 § 1)