Chapter 16.10
GRADING, EROSION, AND SEDIMENTATION CONTROL
Sections:
16.10.010 Intent and purpose; general provisions.
16.10.030 Grading permit; reports; surety bond; erosion control measures.
16.10.040 Control of work; standards for work.
16.10.050 Prosecution of violations as infraction.
16.10.070 Continuing violations.
16.10.080 Violations declared nuisance.
16.10.100 Remedies not exclusive.
Cross references: Streets, sidewalks, and other public places, Title 12.
16.10.010 Intent and purpose; general provisions.
(a) Intent. The intent of this article is to protect life, limb, and property, promote and enhance the public welfare and a superior community environment, and preserve the natural scenic character of the city by establishing applicable standards, requirements, and procedures relating to grading, erosion, and sedimentation control.
(b) Purpose. The purpose of this article is to ensure that grading is conducted:
(1) In a manner with least adverse effect upon persons and properties; and
(2) In conformance with applicable standards, requirements, and procedures.
(c) Scope. This article sets forth rules and regulations to control grading, erosion, and sedimentation, and to establish the administrative procedures and requirements for the preparation, review, and approval of grading plans, issuance of grading permits, and inspection of grading.
(d) Prohibited acts. The following are prohibited:
(1) Grading without a permit from the City Engineer, except as provided for in section 16.10.030(b) (emergency grading) and section 16.10.030(c) (exceptions to permit requirements);
(2) Grading that will:
a. Cause erosion or sediment onto adjacent property or on public streets; or
b. Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or
c. Alter drainage facilities or courses without first obtaining a grading permit.
(3) Activities not in compliance with best management practices (BMPs).
(e) Administration and enforcement. The City Engineer shall administer and enforce the provisions of this article.
(Code 1965, § 7280; Code 2002, § 86-71. Ord. No. 97-13)
16.10.020 Definitions.
For purposes of this article, unless it is plainly evident from the context that a different meaning is intended, certain words, terms, and phrases used herein are defined below. The singular shall be taken to mean the plural, and the plural shall mean the singular when required by the context of this article.
Applicant. The property owner, or its authorized agent requesting a grading permit.
Bedrock. A relatively solid, structured material in place either at the ground surface or beneath surficial deposits of soil.
Bench. A relatively level surface interrupting the slope of an excavation or embankment.
Best management practices (BMPs). Schedules of activities, prohibitions or practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands. Best management practices also include treatment requirements, operating procedures, design specifications, and practices to control site runoff, spillage or leaks, and waste disposal.
Borrow. Earth material acquired from an off-site location.
Building pad. That area of a lot, parcel, or site which will be occupied by a building and related structures.
City. City of Concord.
City Engineer. The City Engineer of the City of Concord or its authorized designee.
Civil engineer. An engineer licensed in the state to practice civil engineering.
Clearing and grubbing. Site preparation consisting of, but not limited to, the removal of vegetation.
Critically expansive soil. Soil conditions which have the potential to cause damage to improvements, including streets, structures, and buildings.
Cut slope. A finished or interim surface along an inclined plane resulting from grading.
Diversion. A facility such as a ditch or berm constructed to intercept and divert surface runoff.
Earth material. Any rock, soil, or any combination thereof.
Elevation. The vertical distance above an established datum.
Engineering geologist. A person licensed by the state to practice engineering geology.
Engineering geology. The application of geological data and principles to engineering problems dealing with rock and soil.
Erosion. The wearing away, detachment, and movement of the ground surface by wind, water, ice, or gravity action.
Erosion and sediment control manual. The latest edition entitled “Manual of Standards for Erosion and Sediment Control Measures,” published by Association of Bay Area Governments (ABAG).
Excavation (cut). Any act by which earth material is removed.
Fill. A deposit of earth material placed by artificial means.
Final erosion and sediment control plan. A plan that depicts the permanent erosion control measures approved by the City Engineer.
Geologic report. A report prepared by an engineering geologist or a civil engineer dealing with geological features and characteristics such as fault line, fault creep, landslide, and seismic hazards (see section 16.10.030(k)).
Geotechnical engineer/soil engineer. A civil engineer who is experienced in the field of engineering as described in the definition of “geotechnical/soil engineering” in this section.
Geotechnical/soil engineering. The application of the principles of soil mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection and testing of the construction thereof.
Geotechnical/soil report. A report prepared by a geotechnical engineer dealing with items such as field test results, observations regarding the nature, distribution, and strength of existing soils and recommendations and conclusions for grading procedures and designs (see section 16.10.030(m)).
Grade. The elevation of a ground surface:
(1) Existing or natural grade. The grade prior to grading;
(2) Rough grade. The temporary grade which approximates the finished grade;
(3) Finished grade. The completed grade constructed in accordance with the approved plan.
Grading. Any excavation (cut), filling, stripping, stockpiling, clearing, and grubbing, or any combination thereof, which alters land or vegetation.
Hillside site. A site within the limits of grading having an average slope of 15 percent or greater.
Holidays. Days observed as legal holidays by the city.
Hydro-mulching. The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant growth.
Interim erosion and sediment control plan. A plan that depicts a set of erosion and sediment control measures for an uncompleted project.
Permittee. The applicant to whom the permit is issued.
Pollutants. Any material other than stormwater, including but not limited to rock, sand, building materials, waste, and litter discharged into the city’s stormwater system as defined in Chapter 16.05.
Rainy or wet season. The period of time between October 15 and April 15 inclusive.
Relative compaction. The ratio of the field dry or wet density to the laboratory maximum dry or adjusted wet density respectively, expressed as a percentage.
Runoff. The surface flow of water.
Sediment. Earth material deposited by action of water, wind, or gravity.
Sedimentation. The process by which soil, mineral, or organic matter is removed, transported, and deposited by action of water, wind, or gravity.
Sediment basin. A reservoir which retards flow so as to cause or allow deposition of transported sediment.
Site. Any lot or parcel of land or contiguous combination where grading is to be performed.
Slope. The inclination of a ground surface expressed as the:
(1) Ratio of horizontal distance to vertical distance; or
(2) Ratio of vertical distance to horizontal distance expressed in percent.
Soil. Earth material of whatever origin that overlies bedrock.
Stockpile. Earth, rock, gravel, sand, or other similar material temporarily stored prior to final disposition.
Terrace. A relatively level area constructed in a face of a slope surface for drainage and maintenance purposes.
Vicinity map. A visual representation of the project site in relationship to significant geographic features such as watercourses, water bodies, roads, and other significant structures.
Watercourse. A drainage channel or natural creek.
(Code 1965, § 7281; Code 2002, § 86-72. Ord. No. 97-13)
Cross references: Definitions generally, § 1.05.100.
16.10.030 Grading permit; reports; surety bond; erosion control measures.
(a) Grading permit required. Except as provided in subsection (b) of this section (emergency grading), and subsection (c) of this section (exceptions to permit requirements), no person shall perform or cause any grading without a grading permit.
(b) Emergency grading. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. The City Engineer shall be notified within 48 hours of the commencement of emergency work, unless such work is exempted in accordance with the provisions of subsection (c) of this section (exceptions to permit requirements). The grading permit shall be obtained no later than 14 calendar days after the commencement of the emergency work.
(c) Exceptions from grading permit. A grading permit may be waived when in the opinion of the City Engineer one or more of the following conditions apply:
(1) The excavation or fill at any location:
a. Is less than five feet deep and adequately supported by a retaining structure designed in accordance with the adopted Uniform Building Code; and
b. Does not create a slope steeper than two horizontal to one vertical.
(2) The volume of excavation or fill does not exceed 50 cubic yards, provided:
a. The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, creeks, or other waterways; or
b. The excavation or fill is less than five feet at its deepest point, measured vertically upward from natural grade to the surface; or
c. The fill is not intended to support structures; or
d. The fill is placed on natural grade that has a slope not steeper than five horizontal to one vertical; or
e. The proposed grading or resulting grades will not adversely impact abutting properties.
f. Minor land leveling for agricultural farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.
g. Cemetery graves.
h. An excavation below finished grade for basements and footings of structures authorized by a valid building permit.
i. The trench excavations authorized by a valid permit for the purpose of installing underground utilities, if to be backfilled to natural or existing grade.
j. Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a development permit has been granted, provided:
k. Such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; and
l. Such operations are consistent with the grading practices set forth herein; and
m. The work does not block or divert any natural drainageway or increase runoff or sedimentation onto any adjacent or contiguous property.
(3) Grading is conducted by an agency of the federal government, the state government, or the city.
(4) Stockpiles of topsoil materials are not placed within a public right-of-way, do not obstruct drainageways, are not subject to erosion, do not endanger other properties, and do not create a public nuisance or safety hazard. The land shall be restored to its original condition after removal of stockpiles.
(5) Construction of fire trails, access roads to public utilities, and gas and electric transmission lines provided the drainage pattern remains the same.
(6) Clearing of vegetation when all of the following conditions are met:
a. The slope of the ground is less than 15 percent; and
b. The area to be cleared is one acre or less; and
c. Clearing is more than 100 feet away from the top bank of a watercourse or other water body; and
d. Clearing will not result in erosion.
(7) Construction of water wells.
(8) Construction of test trenches, pits, and bores within private property under the supervision of a professional such as civil engineer or engineering geologist, provided the drainage pattern remains the same.
(9) Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.
(10) Grading within a street to conform to elevations approved by the City Engineer and for which a permit has been issued under the provisions of chapter 12.15 (Street Encroachments) of this Code.
(d) Application for grading permit. The application for a grading permit shall include but not be limited to the following:
(1) Completed grading permit application form provided by the City Engineer; and
(2) Vicinity map, site map and grading plan; and
(3) Interim erosion and sediment control plan; and
(4) Final erosion and sedimentation control plan when required by the City Engineer; and
(5) Soil report when required by the City Engineer; and
(6) Geologic report when required by the City Engineer; and
(7) Proposed work schedule; and
(8) Fee for review of the application in accordance with the current Resolution of Fees and Charges; and
(9) A landscape addendum to the erosion and sediment control plan by a licensed landscape architect when required by the Chief of Planning; and
(10) Copies of the notice of intent (NOI) and stormwater pollution prevention plan (SWPPP) when required by state law; and
(11) Such other items as may be required by the City Engineer.
(e) Grading plan. The grading plan shall conform to the guideline(s) provided by the City Engineer. The grading plan shall be prepared, stamped, and signed by a civil engineer, and shall be subject to review and approval by the City Engineer.
(f) Issuance or denial of grading permit; conditions and limitations. Upon receiving an application for a grading permit along with the required submittals, posting of surety as required, and payment of fees, the City Engineer will review the application and related documents. Applications may be approved, conditionally approved, or denied.
(1) Issuance. When the application is in accordance with the requirements by this article, the City Engineer shall issue a grading permit, attaching such conditions as it may deem necessary to ensure compliance with this article. The permittee shall perform the work in accordance with the approved plans and in compliance with all the requirements of this article. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.
(2) Denial. If the application is in conflict with the provisions of this article, the City Engineer shall deny the permit in writing, giving the reasons for the denial. A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city or agencies of the federal or state government or other agencies.
(3) Limitations; expiration. The issuance of a permit under this article shall constitute an authorization to do only that work described or illustrated on the application or on the site plans approved by the City Engineer and shall not exempt the permittee from any applicable provisions of the zoning and subdivision regulations and other state and local laws.
a. Term. The permittee shall diligently perform and complete the work by the completion date. Unless an extension is granted, the permit shall expire on the date following the specified completion date.
b. Extension of time. The permittee may request an extension of time prior to the expiration of the permit. The request shall be in writing and shall set forth the reasons for the request. The request shall be accompanied by a new filing fee and a written consent by the surety company. If in the opinion of the City Engineer such an extension is warranted, the City Engineer may grant an extension, adding such conditions to ensure compliance with this article.
(4) Permit conditions. The City Engineer may impose any condition to ensure compliance with the provisions of this article and other applicable laws and regulations. Such conditions may include, but not be limited to:
a. Requirements for fencing around excavations or fills which otherwise would be hazardous and drip lines of trees to be preserved; and/or
b. Completion of the work within a specified period; and/or
c. Compliance with best management practices (BMPs); and/or
d. Provisions for dust control; and/or
e. Construction of stabilized ingress and egress; and/or
f. Hours of operations; and/or
g. Designation of route and time of travel over streets. A surety bond, or other acceptable security, may be required, if deemed necessary by the City Engineer, to secure the repair of improvements that may be damaged by the permittee; and/or
h. The installation of barricades and barricade lighting; and/or
i. Designation of the disposal site for any material removed from the grading site.
(g) Copy of plans and permit to be kept at job site. When an application is approved and a permit issued, one set of approved plans shall be returned to the permittee. The approved plans and permit shall be kept available for reference at the job site.
(h) Changes in permit or work. No work shall deviate from the approved plans without prior written approval by the City Engineer. The City Engineer may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in the work may be grounds for suspension of work.
(i) Assignment of transfer of permit. A permit shall be issued only to the applicant and may not be assigned to another person or entity. If a permittee assigns or transfers its permit to another person or entity, the permit shall become void. If an applicant applies for a permit for grading work for which a prior permit was issued, the applicant shall pay a filing fee as set forth in the Resolution of Fees and Charges for Various Municipal Services. No other fee will be charged in addition to the fees for the prior permit unless additional plan review is required due to plan changes.
(j) Suspension or revocation of grading permit.
(1) Suspension of permit and work. If the permittee fails to comply with the permit conditions or the provisions of this article, the City Engineer may suspend the permit. If the City Engineer determines that work will potentially cause injuries to persons or damage to properties or improvements, the City Engineer shall suspend the work. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the City Engineer to eliminate hazardous conditions or nuisances. The City Engineer may reinstate or revoke suspended permits.
(2) Revocation of permit. The City Engineer may in writing revoke a permit issued under the provisions of this article whenever the permit is issued in error or on the basis of incorrect information or in violation of any ordinance or regulation. The permit may also be revoked due to noncompliance with the permit conditions, the provisions of this article, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence until a new application is filed and a new permit issued.
(3) Procedure. Upon determination that grounds for revocation of a grading permit exist, the City Engineer may conduct a hearing. If a hearing is conducted, a written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing and the grounds for revocation. The notice shall be given at least five days before the hearing, and it shall be served personally or by deposit in the United States mail with postage fully prepaid, addressed to the permittee and surety at the mailing address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the City Engineer shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permittee and its surety in the manner provided above for service of notice of hearing.
(k) Geologic report. The City Engineer may require a geologic report prior to approval of a grading permit. A geologic report when required by the City Engineer shall be based on adequate and necessary test borings and shall contain and not be limited to the following information:
(1) An adequate description of the geology of the site, including delineating any hazard of surface fault trace or rupture; and
(2) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; and
(3) Recommendations and conclusions regarding the adequacy of site(s) to be developed by the proposed grading; and
(4) Any other information required by the City Engineer.
(l) Authority to require geotechnical/soil report. The City Engineer may require a geotechnical/soil report identifying the presence of critically expansive soil.
(m) Contents of geotechnical/soil report. A geotechnical/soil report, prepared by a civil engineer or engineering geologist, based upon adequate test pits or trenches, shall contain but not be limited to the following:
(1) Description of any critically expansive soil or any other soil problem(s) present at the site; and
(2) An investigation of each site, including recommended corrective actions which will prevent structural damage to buildings, structures, and improvements to be constructed; and
(3) A geologic map and description of geologic formations and structures significant to the safety and performance of improvements; and
(4) Faults, existing active or inactive landslides, and areas subject to earthquake ground failure such as liquefaction; and
(5) “R” values necessary to determine the suitability of the earth material for any improvements; and
(6) Recommendations for construction procedures to obtain required stability; and
(7) Any other unstable soil conditions to ensure proper development of the site; and
(8) Recommendations for corrective actions at locations where land stability problems exist; and
(9) The signature and registration number of the civil engineer or engineering geologist preparing the report.
(n) Review of reports. All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plan.
(o) Fees. The applicant shall pay the fees set forth in the Resolution of Fees and Charges for Various Municipal Services.
(p) Refund of fees. Filing fees are nonrefundable.
(q) Surety bond.
(1) Required. If the City Engineer determines that the proposed grading, if left incomplete, will interfere with any drainage or will endanger persons or any property, or will constitute a nuisance, the applicant shall post a surety bond secured by:
a. A corporate surety bond executed by a surety company authorized to transact business in the state; or
b. A cash deposit or its equivalent; or
c. An instrument of credit filed with the city, from a financial institution subject to regulation by the state or the federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of surety bond will be subject to the approval of the City Engineer and City Attorney.
(2) Amount. The amount of the surety bond shall be based upon the estimated cost to the city to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the City Engineer. If the grading permit requires an erosion and sediment control plan, the surety shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures but not to exceed $10,000.00. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the City Engineer.
(3) Conditions. Among other appropriate provisions, every surety bond shall include the following conditions to which the principal and surety shall each be bound:
a. Comply with the applicable provisions of this article and all other applicable laws, ordinances, rules, and regulations; and
b. Comply with all of the terms and conditions of the permit to the satisfaction of the City Engineer; and
c. Complete the work proposed under the permit within the time specified in the permit. The City Engineer may for sufficient cause, extend the time specified in the permit. Such extension shall not release the surety; and
d. Pay all reasonable costs incurred or expended by the city, including but not limited to court costs and attorney’s fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.
(4) Term. The term of the surety bond shall begin on the date of its posting and shall end upon satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit.
(5) Notice of default. Whenever the permittee defaults in performing any term or condition of the permit, the City Engineer shall give written notice thereof separately to the permittee and surety. The notice shall state the work to be done to cure the default, its estimated cost, and the starting and completion dates of the work. The notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permittee and surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety, as the case may be.
(6) Duty of surety. Upon service of the notice of default, the surety shall perform or cause the completion of the work within the time prescribed in the notice.
(7) Disposition of cash surety. If the permittee fails to perform the work within the time prescribed in the notice, the City Engineer may use the cash deposit, its equivalent, or instrument of credit to complete the work.
(8) Right of entry. In the event of a default in the performance of any term or condition of the permit, the surety or the City Engineer or their designees shall have the right to enter into the premises to complete the work. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.
(9) Interference prohibited. No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative or agent of any surety or of the city is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this article, or taking emergency actions for the protection of the public and abutting properties.
(r) Erosion control measures. Erosion control measures shall be fully operational prior to the beginning of the rainy season and maintained through the rainy season. Erosion control measures shall include, but not be limited to, the following:
(1) The current Manual of Standards for Erosion and Sediment Control Measures and California Stormwater Best Management Practices Handbooks shall be used as applicable for the design and suitability of erosion and sediment control measures;
(2) After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.
(s) Erosion and sediment control plan.
(1) An erosion and sediment control plan shall be submitted with the grading plan unless waived in writing by the City Engineer.
(2) The final erosion and sediment control plan shall, through the use of permanent control features, minimize soil erosion and maximize sediment interception from the completed project site and shall also provide for the control of runoff from the site.
(3) The interim and final erosion and sediment control plans shall conform to the guidelines provided by the City Engineer.
(4) The interim and final erosion and sedimentation control plans shall be prepared by a civil engineer in accordance with the latest edition of the Manual of Standards for Erosion and Sediment Control Measures by ABAG and provisions of the California Stormwater Best Management Practices Handbooks, for both temporary and permanent erosion control measures.
(5) An interim erosion and sediment control plan is required prior to each rainy season for a staged project or a project that may not be completed before October 15. The permittee shall submit plans for review and secure approval no later than September 1 and install all erosion and sediment control measures no later than October 15. Such interim erosion and sediment control plan shall clearly show all erosion control measures for the rainy season.
(Code 1965, § 7282; Code 2002, § 86-73. Ord. No. 97-13)
16.10.040 Control of work; standards for work.
(a) Inspection of grading work and right of entry. The City Engineer shall have the right to enter the site at all times to verify compliance with permit conditions and inspect the work as deemed necessary.
(b) Protection of adjacent property.
(1) No grading shall be performed close to a property line that may cause damage to properties or improvements, or cause injuries to persons, or create a nuisance or hazard or an unlawful encroachment on other properties.
(2) Whenever any portion of the work requires entry onto an adjacent property for any reason, the permittee shall obtain the written consent of the adjacent property owner or their authorized representative and shall file a copy of said consent with the City Engineer before a permit for such work may be issued.
(c) Obstructing watercourse. No person shall obstruct, impede, or interfere with an existing watercourse whether improved or unimproved unless permitted by the city.
(d) Compliance with laws. The permittee shall comply with all applicable laws, ordinances, and regulations.
(e) Cessation of work. If the permittee ceases work before the work is completed, all necessary steps shall be taken to leave the premises in a condition that will not cause damage to properties, natural or artificial drainage facilities, or improvements and will not cause injury to persons.
(f) Conflicts with Uniform Building Code. In the event of conflict between this article and the section entitled “Grading and Excavation Chapter” in the adopted Uniform Building Code, this article shall take precedence.
(g) Liability for injury or damage. The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee’s part to perform its obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Code 1965, § 7283; Code 2002, § 86-74. Ord. No. 97-13)
16.10.050 Prosecution of violations as infraction.
The violation of any provision of this article, or failure to comply with any of the mandatory requirements of this article, shall constitute a misdemeanor, except that, notwithstanding any other provisions of this article, any such violation constituting a misdemeanor under this article may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.
(Code 1965, § 7284; Code 2002, § 86-75. Ord. No. 97-13)
16.10.060 Penalties.
(a) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in section 1.05.230 of this Code.
(b) Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in section 1.05.220 of this Code.
(Code 1965, § 7285; Code 2002, § 86-76. Ord. No. 97-13)
16.10.070 Continuing violations.
Every day any violation of this article occurs or continues shall constitute a separate offense.
(Code 1965, § 7286; Code 2002, § 86-77. Ord. No. 97-13)
16.10.080 Violations declared nuisance.
In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to the public health, safety, and welfare, is hereby declared and deemed a public nuisance and may be abated.
(Code 1965, § 7287; Code 2002, § 86-78. Ord. No. 97-13)
16.10.090 Civil actions.
In addition to any other remedies provided in this article, any violation of this article may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:
(1) A temporary restraining order, preliminary and permanent injunction;
(2) Reimbursement for the costs of any investigation or inspection which led to the establishment of the violation and for the reasonable costs of preparing and bringing administrative action under this article;
(3) Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation.
(Code 1965, § 7288; Code 2002, § 86-79. Ord. No. 97-13)
16.10.100 Remedies not exclusive.
The remedies identified in this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Code 1965, § 7289; Code 2002, § 86-80. Ord. No. 97-13)
16.10.110 Judicial review.
The provisions of Code of Civil Procedure § 1094.6 are applicable to judicial review of City Engineer determinations made pursuant to the article.
(Code 1965, § 7290; Code 2002, § 86-81. Ord. No. 97-13)
16.10.120 Severability.
If any provision of this article, or the application to any person or circumstance, is held invalid, no other provision of this article shall be affected.
(Code 1965, § 7291; Code 2002, § 86-82. Ord. No. 97-13)