§ 152.125  GRADING PERMIT VIOLATIONS.
   (A)   Any permit issued under this chapter may be revoked or suspended by the county for:
      (1)   Noncompliance with the grading or soil erosion and sediment control plan or any other condition of the permit;
      (2)   Violation of any provision of this chapter or any other applicable federal, state, or local laws, ordinances, rules, or regulations relating to the work;
      (3)   Existence of any condition that creates a nuisance or hazard to life or property; or
      (4)   Failure of the approved soil erosion and sediment control plan to achieve required soil erosion and sediment control objectives as a result of site characteristics or conditions.
   (B)   In addition to the authority under division (A) above, the county may issue a stop work order, and post such order at the site directing that all activity cease immediately, provided that:
      (1)   The land disturbance activity violates a condition or requirement of a grading permit, approved soil erosion and sediment control plan, standard erosion and sediment control plan with grading requirements for a single lot, or any provisions of this chapter;
      (2)   Written warning notice was furnished to the permittee or the representative of the permittee that listed corrective measures required, the time within which the corrections were to be made, and the permittee has failed to comply with the notice within the specified time;
      (3)   Land disturbance that requires a permit under this chapter has taken place without a valid permit;
      (4)   Required sediment control measures were not installed, inspected, and approved prior to the land disturbance;
      (5)   Inspection reveals the existence of any condition that creates a nuisance to life or the property of others; or
      (6)   Grading, filling, or construction of a permanent structure in a drainage and utility easement or a watercourse is occurring which may threaten adjacent properties.
   (C)   The county shall provide written notice to the permittee or a representative of the permittee and to the District when an inspection reveals a permit violation or a stop work order is issued. That notice shall specify the nature of the violation and, when applicable, the extent to which work is stopped and the conditions under which work may resume. The permittee is responsible for the actions of agents of the permittee and shall notify those agents when a stop work order is issued that will affect an area within which the agents are to work.
   (D)   In addition to the conditions of divisions (A) and (B) above, a civil penalty may be issued to any person in violation of this chapter after the date specified for corrective action in the notice of violation. Payment of the penalty shall not be in lieu of correction of the violation.
   (E)   A person may not continue or permit the continuance of work in an area for which a stop work order has been issued, except work required to correct a permit violation.
   (F)   No other grading permit or grading approval may be issued to an applicant when it is determined that the applicant is not in compliance with the provisions of any active grading permit or approved soil erosion and sediment control plan.
   (G)   Nothing in this section shall be interpreted as restricting the county from proceeding directly with alternative enforcement procedures provided in § 152.999.
(2004 Code, § 121-36)  (Ord. 2012-09, passed 12-11-2012)  Penalty, see § 152.999