Solano County Municipal Code Art. IV Implementation

31-40 Review and approval

(a) Grading and drainage permit applications and accompanying maps and plans shall be reviewed by the Department of Resource Management and approved when found to be in compliance with the provisions of this chapter, and conformance with acceptable grading and erosion control techniques. Permits required as a condition of a building permit, use permit, marsh development permit, or other land development permit will be issued only in conjunction with, or subsequent to, approval of such a permit and not in anticipation of such a permit.

(b) Within the Suisun Marsh Watershed, the Department of Resource Management shall issue a permit only if the Director finds that riparian habitat will be protected and that the proposed activity will not increase sedimentation and runoff within or into the Suisun Marsh to such an extent that significant adverse environmental impacts will occur in the Suisun Marsh.

(Ord. No. 1087, §1; Ord. No. 1512, §8; Ord. No. 1687, §1; Ord. No. 1733, §4)

31-41 Inspection and enforcement

The provisions of this chapter shall be enforced by the Director who shall require inspection of all work and require compliance with all the provisions of the chapter. Whenever necessary to make an inspection to enforce any provision of this chapter, or whenever the Director has reasonable cause to believe that there exists on any private property a condition or activity which requires a permit as specified by this chapter, the Director may enter such property at all reasonable times to inspect the same or to perform any duty imposed upon the Director by this chapter.

(Ord. No. 1087, §1; Ord. No. 1121, §4; Ord. No. 1512, §9; Ord. No. 1687, §1)

31-42 Applicant’s responsibilities

(a) The applicant shall install all soil erosion and sediment control measures in strict compliance with the ordinance and in accordance with the approved erosion control plan.

(b) A copy of the approved permit and plans must also be retained on site for review by staff at any time.

(c) All soil erosion and sediment control measures shall be adequately maintained by the applicant for a period of on year or until such measures are permanently stabilized as determined by the Director.

(d) An order to stop work may be issued and further work shall be prohibited if it is determined that the work does not comply with the provisions of the approved erosion control plan or with the provisions of this chapter until such time as compliance with the chapter is assured.

(e) A new or modified erosion and sediment control technique may be allowed to be used provided there is written approval from the Director to the applicant that the technique meets the intent of the erosion control plan.

(f) The Director may require modifications to grading plans and operations if delays occur as a result of weather or other natural phenomena not considered at the time a permit was issued.

(g) The Director may cause remedial work to be done at the applicant’s expense if it is determined that it is necessary to protect completed work or to prevent damage.

(Ord. No. 1087, §1; Ord. No. 1687, §1)

31-43 Suspension or revocation

The Director may in writing, suspend or revoke a permit issued under the provisions of this Chapter whenever the permit is issued in error or on the basis of incorrect information supplied, or in violation of any ordinance or regulation or any of the provisions of this Chapter.

(Ord. No. 1087, §1; Ord. 1121, §5; Ord. 1512, §11; Ord. No. 1687, §1)

31-44 Violations

(a) Public nuisance - Any grading done in violation of the terms of this Chapter and/or in violation of any permit issued under this Chapter is declared to be a public nuisance and may be abated and/or enjoined as provided by law, including but not limited to the filing of a civil suit for injunctive relief.

(b) Noncompliance - Whenever the Director determines that a violation of this Chapter or the terms of a permit exist, he/she shall issue a written notice of violation. The notice shall specify the corrective action that is needed and give the operator a timeframe to comply.

(c) Any person, firm, corporation or agency whether as principal agent, employee, or otherwise failing to comply with the provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof, shall be punishable by a fine of not more than five hundred dollars for each separate offense and shall be strictly liable for the cost of any work required by the county to abate any erosion, sediment or runoff hazard. Every day any violation of this chapter shall continue shall constitute a separate offense.

(d) Remedies Cumulative: The remedies provided in this Chapter are cumulative and not exclusive. Nothing in this Chapter bars any legal, equitable, administrative or summary remedy to which any aggrieved public agency or private party is entitled.

(Ord. No. 1087, §1; Ord. No. 1687, §1)