A. Grading permit enforcement:
1. The enforcement of this chapter and conditions of the grading permit shall be in accordance with this section and Chapter 18.95 (Compliance and Enforcement).
2. When the county engineer determines a substantial noncompliance with the conditions of the grading permit, the county engineer shall issue a stop-work order and hold in abeyance, by written notice, the county review of other submittals related to the development project and the issuance of county permits for any aspect of the development project until remedial actions have received the written approval of the county engineer.
B. Stop-work orders:
1. Whenever the county engineer determines that grading does not comply with this chapter or the grading permit conditions, or that the soil or conditions are not as stated on the permit, the county engineer may order the work stopped by written notice served on any person engaged in doing or causing such work to be done.
2. Any such person shall immediately stop such work until authorized by the county engineer to proceed with the work.
C. Penalties:
1. Failure to obtain grading permit: Unless exempted by this chapter (refer to Section 18.81.020(D)), failure to obtain a grading permit prior to commencement of grading shall be a violation of this code. However, the county engineer may issue an exception permit if the county engineer finds that an emergency existed which made it impossible first to obtain a permit.
2. Violations: A violation shall result in issuance of a stop-work order and penalties in accordance with Section 18.95.040 (Compliance and Enforcement). Payment of a fine shall not relieve any person from complying with the requirements of this chapter.
D. Special Investigation and Special Investigation Fee; Work without a Permit.
1. Special Investigation. Whenever work for which a grading permit is required is done without a grading permit, a special investigation shall be made by the development services department before a grading permit may be issued to determine whether to allow such grading to remain without remediation and to confer retroactive approval. In the event the special investigation determines that remediation is required, it may be made a condition of the issuance of a grading permit and may be required even if the application for a grading permit is denied.
2. Special Investigation Fee. The development services department shall assess a special investigation fee in accordance with the development services fee schedule, in addition to the permit fee, whether or not a permit is then or subsequently issued. Payment of the special investigation fee is required prior to the issuance of a grading permit or any other permit for the property on which the special investigation fee is assessed. The payment of the special investigation fee shall not exempt the property on which the special investigation fee is assessed from compliance with all other provisions of this code nor from any penalty prescribed by law.
(Ord. 2011-2 § 20 (part), 2011; Ord. 2001-167 1, 2001; Ord. 1986-187 § 1 (part), 1986)