Chapter 14.28


14.28.010    Public nuisance.

14.28.020    Compliance order.

14.28.010 Public nuisance.

The following shall be deemed to constitute public nuisances and may be prosecuted as such by the city or by aggrieved property owners:

A.    Any development, redevelopment or property land division that is commenced without an approved stormwater management plan as required by this Title 14;

B.    Any stormwater drainage facility that is not constructed in accordance with the stormwater management plan required under this Title 14;

C.    Any drainage facility not maintained in accordance with Chapter 14.24; and

D.    Any activity that adversely impacts on surface or ground water quality. (Ord. 1749 § 1 (part), 2000)

14.28.020 Compliance order.

When the city finds that a willful violation of the provisions of this Title 14 exists, the city may order the owner of the site concerned to correct the violation by issuing a notice of violation or stop work order.

A.    Any person who commences any site improvements without an approved plan, as required by this Title 14, may be required to restore the land to its original condition within a period of thirty (30) days.

B.    If the owner fails to take corrective action after being noticed, the city may take whatever steps are necessary to correct the violation, including but not limited to, using city forces or engaging contractors.

C.    If the owner concerned has filed an irrevocable letter of credit, certified check or surety bond under Chapter 14.20, the appropriate guarantee shall be executed.

D.    If the owner has not filed an irrevocable letter of credit, certified check or surety bond, the cost shall be levied as a special assessment against the property concerned.

E.    Any person who does not comply with the provisions of this Title 14 shall be subject to a forfeiture as indicated in the city’s fee schedule for each offense, together with the costs of prosecution. Each day a violation exists shall be deemed to constitute a separate offense. (Ord. 1749 § 1 (part), 2000)