(A) Abatement Of Unlawfully Created Conditions:
1. Either the city council or the city engineer may order city crews or authorize contractors to enter private property to immediately abate a hazardous public nuisance.
Whenever the following conditions are created by violation of the chapter, they are thereby declared to be in the category of hazardous public nuisance:
(a) Where a violation has altered natural drainage patterns and has caused flooding to any downstream property; or
(b) When a violation results in a condition which creates a drainage alteration such that downstream property may be flooded when weather conditions change and the owner, lessee or licensee of the property on which the violation exists cannot be found; or
(c) Whenever a violation results in a hazard, requiring immediate correction for the preservation of the public health, safety or welfare.
2. Whenever the city expends any funds or takes any action, the city shall bill the landowner, lessee or licensee for the costs indicated herein. The costs shall become a lien on the property upon the bill being recorded in the office of the El Dorado County recorder. The following costs shall be billed:
(a) Engineering And Design: Professional and specialized services (private or city).
(b) Construction: Contractor's invoices or city's force account cost.
(c) Administration And Supervision Overhead: Thirty percent (30%) of any city costs incurred in subsections (A)2(a) and (A)2(b) of this section.
(d) Interest On Unpaid Amounts: Interest shall accrue and be billed at the rate of ten percent (10%) per annum on all unpaid amounts from the date of billing.
(B) Stop Work Notice:
1. Whenever it comes to the attention of the city engineer that any person is performing work in violation of the provisions of this chapter or without a permit as required by this chapter, the city engineer may serve upon such person a written order citing such violations and directing that person performing the work to stop work immediately.
2. Upon receipt of such stop work notice, the person performing the work shall:
(a) Stop work immediately; and
(b) Within twenty four (24) hours provide the city engineer with a list of remedies which can be immediately undertaken to bring the work into compliance with this chapter; and
(c) Within twenty four (24) hours after acceptance of such remedies by the city engineer undertake, at the violator's expense, such action as is necessary to bring the work into compliance with this chapter.
(d) Upon failure of any person to comply with the stop work notice served pursuant to this section, the city may perform corrective work either with city crews or by contract. All persons responsible for the violation shall be liable jointly and severally to the city for the cost of such corrective work.
(e) If engineering work is required to identify and define the proper course of action, as determined by the city, such work shall be provided by the violator at no cost to the city.
(C) Notice Of Noncompliance: In those cases where there has been a failure to secure the required permit or permits, the city engineer acting thirty (30) days after attempting to notify the owner of the property, by certified mail, of the requirement of permits, shall record a notice of noncompliance with the county recorder. The notice shall identify the property and set forth the fact that the grading does not have the required permit or permits and is in violation of city codes and that the owner has been so notified. This shall be done in addition to any other legal remedy that the city may employ.
When a grading permit has been obtained for the work, the city engineer shall record with the county recorder and provide to the property owner of record a notice of cancellation certifying that a permit has been issued and that the notice of noncompliance has been rescinded. This shall be done at the permittee's expense. (Ord. 1523, 4-11-1995)