Yuba City Municipal Code Art. 5 Enforcement

The Director or authorized designee shall enforce the provisions of the grading ordinance.

(Ord. No. 002-16, § 1, 2-16-2016)

The Director may suspend or revoke grading approval for good cause. In the event that a suspension or revocation is appealed, no work shall be performed pending appeal except as expressly authorized, in writing, by the Director.

(Ord. No. 002-16, § 1, 2-16-2016)

(a) Whenever any work is being done in violation of the provisions of the 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 title; 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 title.

(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. No. 002-16, § 1, 2-16-2016)

(a) Any condition in violation of the grading ordinance is declared to be a public nuisance and is 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 procedures of this Code. Violations that affect environmentally sensitive locations may be required to return the site of the violation to its natural state.

(b) Any of 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 which causes or threatens to cause flooding, property damage, or unsafe conditions; or

(5) When a violation results in a significant environmental impact.

(c) The costs incurred by City to abate any nuisance caused by a violation of the 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 Nuisance Abatement Code in Title 4, Chapter 8 of the Municipal 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 20% 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.

(d) 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 the grading ordinance, or to abate a condition which is otherwise a public nuisance.

(Ord. No. 002-16, § 1, 2-16-2016)

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

(Ord. No. 002-16, § 1, 2-16-2016)

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. No. 002-16, § 1, 2-16-2016)

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

(Ord. No. 002-16, § 1, 2-16-2016)