§ 18.44.160. Removing hazardous conditions.

A.

If the permit official finds that any grading (either completed or in progress) is causing a hazard to persons or property, he may notify the owner and require that the hazard be removed or eliminated as soon as practicable depending upon the degree of urgency associated with the hazard involved. If such action is not completed within the time limit stated within the notice, the permit official may require that reasonable temporary protective measures be provided by the property owner in the interim until a final correction plan is approved by the permit official.

B.

If materials are washed or deposited upon city right-of-way, drainage structures/easements/right-of-way, streets, alleys or other public property as a result of improperly controlled grading of higher or adjacent lands, the permit official shall notify the owner to remove such materials and restore the streets, alleys or other public property to their original condition within 24 hours or the time specified on the notice.

C.

Regardless of whether or not any person is convicted of a misdemeanor for failure to comply with a notice given under subsection A. or B. of this section, the permit official may, if the owner or any principal named in the permit bond fails to comply with such notice, authorize the work to be done by city forces or by contract. The owner and any other principal named in the surety bond shall pay the city's actual cost for such work. If such work by the city is completed while the grading permit is active or during the warranty period, the surety that issued the permit bond required in this chapter shall be liable for the city's cost of doing the work in the event the principal or principals named in the bond do not make payment to the city.

D.

Whenever earthen ramps are required to cross city rights-of-way, written approval must be obtained from the permit official prior to the installation of such ramps.

(Ord. No. 17516, § 1, 3-29-2011)