17.14.060 Enforcement.
(A) The City Engineer shall enforce the provisions of this Chapter through routine activities that include receiving inspection reports from the Permit holder when requested, inspections, and communication with Developers and/or contractors. However, if these methods fail, the City Engineer may proceed with any or all of the following enforcement measures:
(1) Refusal of Inspection. Request for an inspection of any permitted construction activity may be denied if it is found that Erosion and Sediment control measures have not been implemented, are found to be ineffective, or are not maintained. If an inspection is refused, a notice of violation or a Stop Work Order may be issued. No further inspections will be performed until the Erosion and Sediment Control measures have been implemented or violations of the Chapter or the UDO are abated.
(2) Notice of Violation. The City Engineer is authorized to serve a notice of violation on any Person found to be doing work in violation of the provisions of this Chapter or the UDO. Such notice shall direct the discontinuance of the illegal action or condition and order the abatement of the violation by the responsible Person.
(3) Stop Work Order. The City Engineer is authorized to issue a Stop Work Order for any or all construction activity within the established boundary of the Permit. The Stop Work Order shall be in writing and shall be given to the Property Owner involved, or the Property Owner’s agent or to the Person doing the work. In addition, notice of the Stop Work Order shall be posted on the site. Upon issuance of a Stop Work Order, the cited work shall immediately cease. The Stop Work Order shall state the reason for the Order and the conditions under which the cited work will be permitted to resume. Any Person who shall continue to work after having been served with a Stop Work Order, except such work as that Person is directed by the City to perform to remove a violation or unsafe condition, is guilty of a public offense and may be subject to penalties as prescribed in Section 17.02.110.
(4) Abatement. Should any Person fail to comply with the provisions of this Chapter, the City Engineer is authorized to correct or abate such violation.
(a) City expenditures to correct or abate a violation shall be assessed as a fee against the Permit holder. The City will keep a record of the abatement costs. The fee shall be paid prior to recommencement of work on the Site and prior to any further inspections. If the fee is not paid within thirty (30) days of the date the invoice is sent to the Permit holder, the City Engineer is authorized, as the City Engineer deems appropriate, to expend additional abatement funds to provide permanent soil stabilization on the site. Such additional expenditures shall also be assessed as a fee against the Permit holder.
(b) Should the Permit become suspended, revoked, or expired with the fee not paid, all City expenditures to correct or abate the violation may be assessed against the abatement bond. Abatement lien and special assessment and collection procedure shall apply if work is done without the issuance of a Permit. The City Clerk, at the time of certifying other City taxes, shall certify the unpaid portion of the costs and the County Clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.
(B) Violations and Penalties.
(1) Any Person who violates a provision of this Chapter, fails to comply with any of the requirements thereof or fails to comply with a directive issued by the City Engineer is guilty of a public offense and shall be subject to penalties as provided in the Section 17.02.110.
(2) The City Engineer shall be permitted to cite the Property Owner, or any/all Persons identified on a Permit as being legally responsible to the City for any violations of the Chapter pertaining to that Permit. (Ord. 09-25 § 2, 2009.)