Notwithstanding § 162.740, any grading done contrary to the provisions of this chapter is also a public nuisance. Upon order of the Planning Commission, the City Attorney is authorized to commence necessary proceedings provided by local or state law to abate, remove and/or enjoin such public nuisance. Any grading done without grader's first having obtained a grading permit therefor, regardless of whether such failure is due to neglect or refusal, shall be prima facie evidence that a public nuisance has been committed. To implement this section, the City Attorney may proceed as a civil or criminal remedy. The civil remedy may be before a court within the local jurisdiction or may be an adjudicatory hearing pursuant to the city's nuisance abatement procedure.
(Ord. 1449, passed 10-19-05)
Cross-reference:
Public nuisances, see Chapter 95A