Chapter 13.40
GRAYWATER CONTROL PROGRAM

Sections:

13.40.010    Definitions.

13.40.020    Abbreviations and acronyms.

13.40.030    Purpose, applicability, and compliance.

13.40.040    Materials incorporated by reference.

13.40.050    Permitting, inspection and approval.

13.40.060    Enforcement and oversight.

13.40.070    Reporting requirements and tracking system.

13.40.080    Fees.

13.40.090    Graywater use categories.

13.40.100    Design criteria.

13.40.110    Control measures.

13.40.120    Certified operator of Category D systems.

13.40.130    Nuisance.

13.40.140    Remedies for noncompliance.

13.40.150    Severability.

Attachment A

13.40.010 Definitions.

Agricultural irrigation means irrigation of crops produced for direct human consumption, crops where lactating dairy animals forage, and trees that produce nuts or fruit intended for human consumption. This definition includes household gardens, fruit trees, and industrial hemp as defined by C.R.S. 35-61-101.

Agronomic rate means the rate of application of nutrients to plants that is necessary to satisfy the nutritional requirements of the plants.

City means the City of Grand Junction, a Colorado home rule municipality.

Closed sewerage system means either a permitted domestic wastewater treatment works, which includes a permitted and properly functioning on-site wastewater treatment system (OWTS) with a design capacity more than 2,000 gpd, or a properly functioning and approved or permitted OWTS with a design capacity of 2,000 gpd or less.

Commission means the Water Quality Control Commission 25-8-201, C.R.S.

Component means a subpart of a graywater treatment works which may include multiple devices.

Cross-connection means any connection that could allow any water, fluid, or gas such that the water quality could present an unacceptable health and/or safety risk to the public, to flow from any pipe, plumbing fixture, or a customer’s water system into a public water system’s distribution system or any other part of the public water system through backflow.

Design means the process of selecting and documenting in writing the size, calculations, site specific data, location, equipment specification and configuration of treatment components that match site characteristics and facility use.

Design flow means the estimated volume of graywater per unit of time for which a component or graywater treatment works is designed.

Dispersed subsurface irrigation means a subsurface irrigation system including piping and emitters installed throughout an irrigation area.

Division means the Water Quality Control Division of the Colorado Department of Public Health and Environment.

Facility means any building, structure, or installation, or any combination thereof that uses graywater subject to a graywater control program (program), is located on one or more contiguous or adjacent properties, and is owned or operated by the same person or legal entity. Facility is synonymous with the term operation.

Floodplain (100-year) means an area adjacent to a river or other watercourse which is subject to flooding as the result of the occurrence of a 100-year flood, and is so adverse to past, current or foreseeable construction or land use as to constitute a significant hazard to public or environmental health and safety or to property or is designated by the Federal Emergency Management Agency (FEMA) or National Flood Insurance Program (NFIP). In the absence of FEMA/NFIP maps, a professional engineer shall certify the floodplain elevations.

Floodway means the channel of a river or other watercourse and the adjacent land areas that must be reserved to discharge the base flood without cumulatively increasing the water surface elevation more than one foot or as designated by the Federal Emergency Management Agency or National Flood Insurance Program. In the absence of FEMA/NFIP maps, a professional engineer shall certify the floodway elevation and location.

Graywater means that portion of wastewater that, before being treated or combined with other wastewater, is collected from fixtures within residential, commercial, or industrial buildings or institutional facilities for the purpose of being put to beneficial uses. Sources of graywater are limited to discharges from bathroom and laundry room sinks, bathtubs, showers, and laundry machines. Graywater does not include the wastewater from toilets, urinals, kitchen sinks, dishwashers, or nonlaundry utility sinks. C.R.S. 25-8-103(8.3)(a)

Graywater control program (program) is this chapter and, as applicable, any rule(s), including implementation practices, regulation(s), standard(s) authorized by the City, and which follows the minimum requirements of this chapter and other applicable law(s), rule(s) and regulation(s).

Graywater treatment works means an arrangement of devices and structures used to: (1) collect graywater from within a building or a facility; and (2) treat, neutralize, or stabilize graywater within the same building or facility to the level necessary for its authorized uses. C.R.S. 25-8-103(8.4)

Indirect connection means a waste pipe from a graywater treatment works that does not connect directly with the closed sewerage system, but that discharges into the closed sewerage system though an air break or air gap into a trap, fixture, receptor, or interceptor.

Irrigation area means that area of ground consisting of soil, mulch, gravel, and plant material to which water is directly applied by a graywater subsurface irrigation system.

Legally Responsible Party.

(1)    For a residential property, the legally responsible party is the property owner.

(2)    For a corporation, the legally responsible party is a responsible corporate officer, either:

(i)    A president, secretary, treasurer, or vice-president of the corporation in charge of a principal business function, or any other person who performs similar policy- or decision-making functions for the corporation; or

(ii)    The manager of operating facilities, provided, the manager is authorized to make management decisions which govern the operation of the regulated facility including having the explicit or implicit duty of making major capital investment recommendations, and initiating and directing other comprehensive measures to assure long term environmental compliance with environmental laws and regulations; the manager can ensure that the necessary systems are established or actions taken to gather complete and accurate information for approval application requirements; and where authority to sign documents has been assigned or delegated to the manager in accordance with corporate procedures.

(3)    For a general or limited partnership or sole proprietorship, the legally responsible party is the general partner, business matters partner or the proprietor, respectively.

(4)    For a limited liability company, the responsible party shall be the manager or other authorized agent of the company and shall be a natural person.

(5)    For a municipality, State, federal, or other public agency, the legally responsible party is a principal executive officer or ranking elected official, either:

(i)    The chief executive officer of the agency; or

(ii)    A senior executive officer having responsibility for the overall operations of a principal geographic unit of the agency (e.g., regional administrators of EPA); or

(iii)    When the entity is the State of Colorado, the Commission.

Local Public Health Agency means the Mesa County Colorado Health Department.

Modification means the alteration or replacement of any component of a graywater treatment works that can affect the quality of the finished water, the rated capacity of a graywater treatment works, the graywater use, alters the treatment process of a graywater treatment works, or compliance with this regulation and the local graywater control program. This definition does not include normal operations and maintenance of a graywater treatment works.

Mulch means organic material including but not limited to leaves, prunings, straw, pulled weeds, and wood chips.

Mulch basin means a type of irrigation or treatment field filled with mulch or other approved permeable material of sufficient depth, length, and width to prevent ponding or runoff. A mulch basin may include a basin around a tree, a trough along a row of plants, or other shapes necessary for irrigation.

Non-single-family means any structure that is not a single-family structure.

Nuisance means the unreasonable, unwarranted and/or unlawful use of property, which causes inconvenience or damage to others, including to an individual or to the general public.

On-site wastewater treatment system (OWTS) means an absorption system of any size or flow or a system or facility for treating, neutralizing, stabilizing, or dispersing sewage generated in the vicinity, which system is not a part of or connected to a sewage treatment works. C.R.S. 25-10-103(12)

Percolation test means a subsurface soil test at the depth of a proposed irrigation area to determine the water absorption capability of the soil, the results of which are normally expressed as the rate at which one inch of water is absorbed. The rate is expressed in minutes per inch.

Potable water system means a system for the provision of water to the public for human consumption through pipes or other constructed conveyances, where such system has less than 15 service connections or regularly serves less than an average of at least 25 people daily at least 60 days per year.

Professional engineer (P.E.) means an engineer licensed in accordance with 12-25-1, C.R.S.

Public water system means a system for the provision of water to the public for human consumption through pipes or other constructed conveyances if such system has at least 15 service connections or regularly serves an average of at least 25 individuals daily at least 60 days per year. A public water system is either a community water system or a noncommunity water system. Such term does not include any special irrigation district. Such term includes:

(1)    Any collection, treatment, storage, and distribution facilities under control of the supplier of such system and used primarily in connection with such system.

(2)    Any collection or pretreatment storage facilities not under such control, which are used primarily in connection with such system.

Regulation No. 86 means Colorado Department of Public Health and Environment Water Quality Control Commission Regulation No. 86 – Graywater Control Regulation, 5 CCR 1002-86.

Single-family means a detached or attached structure, arranged and designed as a single-family residential unit intended to be occupied by not more than one family and that has separate water and sewer services connections from other dwelling units.

Site evaluation means a comprehensive analysis of soil and site conditions for a graywater irrigation area.

Soil horizon means layers in the soil column differentiated by changes in texture, color, redoximorphic features, bedrock, structure, consistence, and any other characteristic that affects water movement.

Soil profile test pit means a trench or other excavation used for access to evaluate the soil horizons for properties influencing effluent movement, bedrock, evidence of seasonal high ground water, and other information to be used in locating and designing a graywater irrigation area.

Soil structure means the naturally occurring combination or arrangement of primary soil particles into secondary units or peds; secondary units are characterized because of shape, size class, and grade (degree of distinctness).

State means the State of Colorado or any of its agencies.

State waters means any and all surface and subsurface waters which are contained in or flow in or through this State, but does not include waters in sewage systems, waters in treatment works of disposal systems, waters in potable water distribution systems, and all water withdrawn for use until use and treatment have been completed.

Subsurface irrigation means a discharge of graywater into soil a minimum of four inches and no deeper than 12 inches below the finished grade.

Suitable soil means unsaturated soil in which the movement of water, air, and the growth of roots is sustained to support healthy plant life and conserve moisture. Soil criteria for graywater subsurface irrigation are further defined in Attachment A to the ordinance codified in this chapter, Graywater Design Criteria.

(Ord. 5094, 9-21-22)

13.40.020 Abbreviations and acronyms.

The following meanings are associated with the acronyms used in this chapter.

ANSI

American National Standards Institute

BK

Blocky

C.R.S.

Colorado Revised Statutes

CDPS

Colorado Discharge Permit System

FEMA

Federal Emergency Management Agency

gpd

Gallons per day

GR

Granular

mg/L

Milligrams per liter

MPI

Minutes per inch

NFIP

National Flood Insurance Program

NSF

NSF International, formerly known as National Sanitation Foundation

O&M

Operations and maintenance

OWTS

On-site wastewater treatment system(s)

PR

Prismatic

(Ord. 5094, 9-21-22)

13.40.030 Purpose, applicability, and compliance.

(a)    Purpose. The purpose of this chapter is to:

(1)    Establish a graywater control program (program) within the City of Grand Junction, Colorado.

(2)    Reduce per capita water consumption in service of the City’s goals for water and wastewater management.

(3)    Establish standards including requirements, prohibitions, and recommendations, for the use of graywater; and for the location, design, construction, operation, installation, and modification of graywater treatment works.

(4)    Establish allowed users and uses of graywater within the City of Grand Junction.

(5)    Assist the City in its effort to protect public health and water quality.

(b)    Applicability. This chapter applies to:

(1)    Properties within the legal boundaries of the City as the same now exist or as the boundary may change over time.

(2)    This chapter does not apply to:

(i)    Discharges pursuant to a Colorado Discharge Permit System (CDPS) or National Pollutant Discharge Elimination System (NPDES) permit;

(ii)    Wastewater that has been lawfully treated and released to State waters prior to subsequent use;

(iii)    Wastewater that has lawfully been treated and used at a domestic wastewater treatment works for landscape irrigation or process uses;

(iv)    On-site wastewater treatment works authorized under and operating in accordance with Regulation No. 43 (5 CCR 1002-43);

(v)    Reclaimed wastewater authorized under and operating in accordance with Regulation No. 84 (5 CCR 1002-84);

(vi)    Water used in an industrial process that is internally recycled in accordance with applicable law;

(vii)    Graywater research activities exempted from graywater control regulations under C.R.S. 25-8-205.3; and

(viii)    Lawful rainwater harvesting.

(c)    Compliance. All graywater uses and graywater treatment works within the City’s jurisdiction must comply with the minimum requirements of this chapter, all applicable State and federal requirements for graywater systems, and all requirements imposed by Mesa County Colorado Health Department.

(1)    Any graywater treatment works installed prior to the effective date of this regulation must be able to demonstrate they meet the minimum requirements of this chapter.

(2)    Should the City program be revoked or rescinded by the City, all graywater treatment works in the City’s jurisdiction must within 365 days:

(i)    If applicable, be regulated by Mesa County under a graywater control program by which the County assumes authority over the existing graywater treatment works; or

(ii)    Be physically removed or permanently disconnected in accordance with local or State regulations.

(3)    Should a property with a lawful graywater treatment works be deannexed from the City of Grand Junction, the property owner must within 365 days:

(i)    Ensure the graywater treatment works complies with the controlling jurisdiction of the property; or

(ii)    Ensure the graywater treatment works is physically removed or permanently disconnected in accordance with applicable local and State regulations.

(4)    Graywater may be used only as allowed under and by the City program. Unauthorized graywater use and discharge(s) are prohibited.

(5)    All graywater treatment works installed in the City must:

(i)    Meet all requirements of Regulation No. 86 as may be amended; and

(ii)    City Building Code; and

(iii)    Any applicable federal law, State, City, and Mesa County requirements.

(6)    Graywater treatment works are prohibited from being installed in properties that have new or existing on-site wastewater treatment systems. Connection of the graywater treatment works to the Persigo Wastewater Treatment Plant is a requirement to own/operate a graywater treatment works.

(Ord. 5094, 9-21-22)

13.40.040 Materials incorporated by reference.

(a)    Design criteria incorporated by reference and cited herein are included in Attachment A to the ordinance codified in this chapter and are referred to herein as the Graywater Design Criteria.

(1)    The Graywater Design Criteria shall be maintained in accordance with Regulation No. 86, as amended and the most recent version of the International Plumbing Code adopted by Mesa County.

(b)    All materials referenced in and/or incorporated by reference in this chapter may be examined at gjcity.org or at the City Hall, Clerk’s Office, 250 N 5th Street, Grand Junction, CO 81501.

(Ord. 5094, 9-21-22)

13.40.050 Permitting, inspection and approval.

(a)    Permitting. Prior to approval for use, all graywater treatment works must be approved by the City of Grand Junction.

(b)    Inspection. Prior to approval for use, all graywater treatment works must be inspected, verified, and accepted by the City of Grand Junction.

(c)    Operation and Maintenance (O&M) Manual. All graywater systems must have an O&M manual. The O&M manual shall fully comply with the O&M manual requirements, specifications and content all as provided in the Graywater Design Criteria.

(Ord. 5094, 9-21-22)

13.40.060 Enforcement and oversight.

(a)    Responsible Agency. The City Manager shall be responsible for oversight and implementation of this chapter including, but not limited to, review, inspection, enforcement, tracking, and receipt of complaints.

(b)    Enforcement. The City and its contractor the Mesa County Building Department (Building Department) are authorized to perform inspections and take enforcement actions to ensure compliance with this chapter.

(1)    Enforcement of this chapter shall be in accordance with the duty(ies) set forth in GJMC 15.08.020.

(2)    The applicant shall install and maintain any graywater treatment works within the City in accordance with the Graywater Design Criteria in Attachment A to the ordinance codified in this chapter. The City Manager is authorized to perform inspection(s) and take enforcement action(s) to ensure compliance with this chapter.

(3)    The City shall provide an application for, and when a complete application is made, filed and fees are paid, review the proposed graywater treatment works.

(4)    The City shall review and approve, approve with conditions, or deny each application within 30 days of the City determining the application to be complete. An incomplete application will be denied.

(Ord. 5094, 9-21-22)

13.40.070 Reporting requirements and tracking system.

(a)    Owners (or their legally responsible party) of Category B and D graywater treatment works are required to provide an annual self-certification of the legal status of their graywater treatment works. The letter must contain the following:

(1)    A statement indicating if the graywater treatment works is still in operation;

(2)    A certification that the graywater treatment works is being operated in accordance with the operations and maintenance manual;

(3)    A certification that no modification(s) has (have) been made to the graywater treatment works. If modification(s) has (have) been made to the graywater treatment works, the modification(s) must be described in a written statement;

(4)    Written attestation that the graywater treatment works is overseen by an operator certified according to requirements of Regulation No. 100, 5 CCR 1003-2, if required.

(b)    The owner or operator of a graywater treatment works must report the following information to the City of Grand Junction for inclusion in a tracking system of graywater treatment works. The information must be received within 30 days of the treatment works becoming operational:

(1)    The legal address where the graywater treatment works is located;

(2)    The owner of the graywater treatment works;

(3)    A list of graywater uses;

(4)    A description of the graywater treatment works; and

(5)    Where required, the name and contact information for the certified operator associated with the graywater treatment works.

(c)    The owner or operator of a graywater treatment works must report changes to any of these items to City of Grand Junction within 60 days of the changes.

(Ord. 5094, 9-21-22)

13.40.080 Fees.

(a)    The City may impose fees for administration and oversight of the graywater control program.

(b)    Plan review fees and planning clearance fees, building permit and inspection fees may be applicable as determined by the City Manager.

(Ord. 5094, 9-21-22)

13.40.090 Graywater use categories.

The graywater use categories allowed are defined below. A facility may have multiple graywater treatment works if all applicable use and design requirements are satisfied.

(a)    Category A: Single-Family, Subsurface Irrigation.

(1)    Category A graywater use must meet the following:

(i)    Allowed users: single-family.

(ii)    Allowed graywater sources: graywater collected from bathroom and laundry room sinks, bathtubs, showers, and laundry machines.

(iii)    Allowed uses: outdoor, subsurface irrigation within the confines of the legal property boundary.

(iv)    Design flow: The design flow for a single-family graywater treatment works shall not exceed 400 gallons per day (gpd).

(b)    Category B: Non-Single-Family, Subsurface Irrigation, 2,000 Gallons per Day (GPD) or Less.

(1)    Category B graywater use must meet the following:

(i)    Allowed users: non-single-family users.

(ii)    Allowed graywater sources: graywater collected from bathroom and laundry room sinks, bathtubs, showers, and laundry machines.

(iii)    Allowed uses: outdoor, subsurface irrigation within the confines of the legal property boundary.

(iv)    Design flow: The design flow for a non-single-family graywater treatment works shall not exceed 2,000 gallons per day (gpd) for outdoor irrigation for the facility.

(c)    Category C: Single-Family, Indoor Toilet and Urinal Flushing, Subsurface Irrigation.

(1)    Category C graywater use must meet the following:

(i)    Allowed users: single-family.

(ii)    Allowed graywater sources: graywater collected from bathroom and laundry room sinks, bathtubs, showers, and laundry machines.

(iii)    Allowed uses: indoor toilet and urinal flushing and outdoor, subsurface irrigation within the confines of the legal property boundary.

(iv)    Design flow: The design flow for a single-family graywater treatment works shall not exceed 400 gallons per day (gpd) for all approved uses.

(d)    Category D: Non-Single-Family, Indoor Toilet and Urinal Flushing, Subsurface Irrigation.

(1)    Category D graywater use must meet the following:

(i)    Allowed users: non-single-family users.

(ii)    Allowed graywater sources: graywater collected from bathroom and laundry room sinks, bathtubs, showers, and laundry machines.

(iii)    Allowed uses: indoor toilet and urinal flushing and outdoor, subsurface irrigation within the confines of the legal property boundary.

(iv)    Design flow: There is no maximum design flow for a non-single-family graywater treatment works for indoor toilet and urinal flushing. There is no maximum design flow for wastewater from the facility that can go to a closed sewerage system. The design flow is limited to 2,000 gallons per day (gpd) or less for outdoor irrigation for the facility.

(Ord. 5094, 9-21-22)

13.40.100 Design criteria.

(a)    Design Criteria.

(1)    All graywater treatment works must meet the requirements of the Graywater Design Criteria in effect at the time of installation of the system. The Graywater Design Criteria is included in Attachment A to the ordinance codified in this chapter. Attachment A is incorporated by this reference as if fully set forth.

(b)    Sizing.

(1)    Graywater treatment works must be sized appropriately using the flow projection methods described in the Graywater Design Criteria.

(2)    The size of irrigation areas must be determined using the sizing protocols described in the Graywater Design Criteria.

(c)    System Modifications.

(1)    Graywater treatment works requiring modifications must be upgraded to the requirements of the Graywater Design Criteria in effect at the time of modifications. All system modifications must be approved by the City of Grand Junction.

(Ord. 5094, 9-21-22)

13.40.110 Control measures.

(a)    General Control Measures. All graywater treatment works and uses must be conducted in accordance with the following control measures:

(1)    Graywater must be collected in a manner that minimizes the presence or introduction of:

(i)    Hazardous or toxic chemicals in the graywater to the greatest extent possible;

(ii)    Human excreta in the graywater to the greatest extent possible;

(iii)    Household wastes; and

(iv)    Animal or vegetable matter.

(2)    Use of graywater is limited to the confines of the facility from which the graywater is derived.

(3)    All graywater systems must have an operation and maintenance (O&M) manual. The graywater treatment works must be operated and maintained in accordance with the O&M manual, including all manufacturer recommended maintenance activities. See the Graywater Design Criteria for O&M manual requirements.

(i)    The O&M manual must remain with the graywater treatment works throughout the system’s life and be updated based on each modification and approval made to the system.

(ii)    The O&M manual must be transferred, upon change of ownership or occupancy, to the new owner or tenant.

(iii)    For Category D graywater treatment works that have a capacity to receive greater than 2,000 gallons per day (gpd), operational and maintenance records must be maintained for a minimum of the past five years.

(4)    The owner or operator of a graywater treatment works must minimize exposure of graywater to humans and domestic pets.

(5)    Graywater use and graywater treatment works must not create a nuisance.

(6)    Graywater may not be stored for more than 24 hours unless the graywater has been treated by a graywater treatment works. All graywater must be stored inside a tank(s) that meets the design requirements of the Graywater Design Criteria.

(7)    Temporary or semitemporary connections from the potable water system or public water system to the graywater treatment works are prohibited. Permanent connections from the potable water system or public water system to the graywater treatment works must meet the design requirements of the Graywater Design Criteria.

(b)    Subsurface Irrigation System Control Measures. All subsurface irrigation systems must be operated in accordance with the additional following control measures:

(1)    Agricultural irrigation with graywater is prohibited by Regulation No. 86 and this chapter.

(2)    Irrigation with graywater is prohibited when the ground is frozen, plants are dormant, during rainfall events, or the ground is saturated.

(3)    Irrigation scheduling must be adjusted so that application rates are closely matched with soil and weather conditions.

(4)    Graywater must be applied in a manner that does not result in ponding, runoff, or unauthorized discharge to state waters. For dispersed subsurface irrigation systems, the graywater must be applied at an agronomic rate. For mulch basin systems, the graywater must not be applied in excess of the soil adsorption rate.

(5)    For mulch basin systems, mulch must be replenished and undergo periodic maintenance as needed to reshape or remove material to maintain surge capacity and to prevent ponding and runoff.

(c)    Control measures that apply to indoor toilet and urinal flushing graywater use indoor toilet and urinal flushing graywater treatment works (Categories C and D) must be operated in accordance with the following additional control measures:

(1)    Graywater for toilet and urinal flushing use must be disinfected.

(i)    Graywater treatment works that utilize chlorine for disinfection must have a minimum of 0.2 mg/L and a maximum of 4.0 mg/L of free chlorine residual throughout the indoor graywater plumbing system, including fixtures.

(ii)    Single-family graywater treatment works that utilize nonchemical methods, such as UV, for disinfection must have a chlorine puck present in each toilet or urinal tank.

(2)    Graywater for toilet and urinal flushing must be dyed with either blue or green food grade vegetable dye and be visibly distinct from potable water.

(Ord. 5094, 9-21-22)

13.40.120 Certified operator of Category D systems.

Category D non-single-family systems of over 2,000 gallons per day must be operated by qualified personnel who meet any applicable requirements of Regulation No. 100, the water and wastewater facility operators certification requirements (5 CCR 1003-2).

(Ord. 5094, 9-21-22)

13.40.130 Nuisance.

(a)    It shall be unlawful and constitute a nuisance for any person to erect, install, or use a graywater system upon property located within the City without first having obtained a building permit, issued pursuant to this chapter, for an approved, compliant graywater system.

(b)    It shall be unlawful and constitute a nuisance for any person to collect or cause to be collected graywater from any sources except as otherwise expressly permitted under this chapter.

(c)    It shall be unlawful and constitute a nuisance for any person to use graywater, or conduct any graywater activity, upon property located within the City for any purpose except as otherwise expressly permitted in this chapter.

(d)    It shall be unlawful and constitute a nuisance for any person to operate a graywater system or subsurface irrigation system without implementing the control measures provided in this chapter.

(Ord. 5094, 9-21-22)

13.40.140 Remedies for noncompliance.

(a)    Compliance Orders. Whenever the City determines that any activity is occurring which is not in compliance with a building permit and/or the requirements of this chapter, the City may issue a written compliance order to the legally responsible party containing a compliance schedule (schedule).

(1)    The schedule shall direct specific action(s) by the legally responsible party including dates for the completion of the action(s). It shall be unlawful for any person to fail to comply with any compliance order.

(b)    Suspension and Revocation of Permit. The City may suspend or revoke a building permit for violation of any provision of this chapter, violation of the permit, and/or misrepresentations by the permittee or the permittee’s agents, employees, or independent contractors.

(c)    Stop Work Orders. Whenever the City determines that any activity is occurring which is not in compliance with an approved permit and/or the requirements of this chapter, the City may order such activity stopped upon service of written notice upon the legally responsible party. Any and all work or other activity(ies) under, or in reliance on, a permit having issued, shall immediately stop until authorized in writing by the City to proceed.

(1)    Service shall be by hand delivery or posting on the property.

(2)    If the legally responsible party cannot be located, the notice to stop shall be posted in a conspicuous place upon the property where the activity is occurring.

(3)    The notice shall state the nature of the violation.

(4)    The notice shall not be removed until the violation has been cured or authorization to remove the notice has been issued by the City.

(5)    It shall be unlawful for any person to fail to comply with a stop work order.

(d)    Civil Proceedings. In case of any violation of any provision of this chapter, or any amendment thereof, the City may, at its discretion, initiate civil proceedings, including administrative citations pursuant to Chapter 1.12 GJMC, injunction, mandamus, abatement, declaratory judgment or other appropriate actions or proceedings, to prevent, enjoin, abate, remove, or otherwise correct any such unlawful condition. Civil remedies provided for under this section are not exclusive and shall not preclude prosecution for criminal violations under the provisions of this chapter.

(Ord. 5094, 9-21-22)

13.40.150 Severability.

The provisions of this chapter are severable. If any portion of this chapter should be declared invalid for any reason whatever, such decision shall not affect the remaining portions thereof.

(Ord. 5094, 9-21-22)

Attachment A

Attachment A