Rocklin Municipal Code Art. VI Enforcement

The city engineer shall enforce the provisions of the grading ordinance.

(Ord. 904 § 1 (part), 2006).

The city engineer may suspend or revoke grading approval for good cause. In the event that a suspension or revocation is appealed to the city manager, no work shall be performed pending appeal except as expressly authorized, in writing, by the city engineer. Good cause includes, but is not limited to, the following:

1. Conditions at the site vary appreciably from those shown on the approved plans;

2. Construction does not conform to the approved grading plan, final erosion and sediment control plan, stormwater pollution prevention plan, time schedules, or conditions of the grading permit;

3. The site is left in a condition hazardous to the public or to the adjacent properties, and permittee does not comply with reasonable requirements to correct said conditions;

4. The permittee does not comply with the city engineer's directives and reasonable requirements to safeguard the workers, the public or other persons acting in a lawful manner;

5. The permittee, in connection with the operations for which the permit was issued, fails to operate his or her equipment properly on public roads; or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said permit; or causes unauthorized obstruction or diversion of drainage channels;

6. The permittee fails to have a qualified special inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit or fails to have the work under proper supervision at all times;

7. Emergency conditions exist on the site which constitute a threat to health, safety or public welfare.

(Ord. 904 § 1 (part), 2006).

A. Whenever any work is being done in violation of the provisions of this chapter or any other applicable law, ordinance, rule or regulation, the city engineer 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 city engineer 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 twenty-four hours, provide the city engineer with a list of remedies which can be immediately undertaken to bring the work into compliance with this title; and

3. Within twenty-four 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 title;

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

(Ord. 904 § 1 (part), 2006).

A. Any condition in violation of the grading ordinance is declared to be a public nuisance, subject to abatement in accordance with Title 8 of this code. In the event that the city engineer determines that a violation has created a condition which is of such a nature to be imminently dangerous to public health, safety or welfare, such condition may be abated in accordance with the summary abatement procedures set forth at Chapter 8.04, et seq., of this code.

Without limitation, 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;

2. When a violation results in a condition which creates 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;

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

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

B. The costs incurred by the city to abate any nuisance caused by a violation of this chapter shall be assessed against the subject property as a lien or made a personal obligation to the owner of the property as provided in Chapter 8.04, et seq., of this code. Such costs may include, but shall not be limited to, the following:

1. Engineering, design, and other consultant or contractor costs;

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

3. Administrative overhead and supervision based on ten percent of all other costs incurred;

4. Interest which shall accrue and be billed at the rate of ten percent 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 the city to correct or cause to be corrected any violation of the grading ordinance, or to abate a condition which is otherwise a public nuisance.

(Ord. 904 § 1 (part), 2006).

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

(Ord. 904 § 1 (part), 2006).

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

(Ord. 904 § 1 (part), 2006).

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

(Ord. 904 § 1 (part), 2006).