(A) Performance standards and grading/clearing permit enforcement:
(1) The enforcement of this chapter and conditions of the grading/clearing permits issued pursuant to this chapter shall be regulated by this section.
(2) If the performance standards contained in this chapter are violated, penalties under division (B) below shall apply.
(3) When the City Engineer or Building Official determines that a substantial noncompliance exists with the conditions of the grading/clearing permit, the City Engineer or Building Official may issue a stop-work order by written notice, in addition to the penalties contained in division (B).
(4) In addition to the penalties contained in division (B), the City Engineer or Building Official may issue a stop work order when any work for which a permit is required by this chapter has been commenced without first obtaining the permit. The city shall perform an investigation of the site to determine the appropriate mitigation and or penalties before a permit may be issued for such work.
(5) If the city determines that grading/clearing does not comply with this chapter or the grading/clearing permit conditions, or that the soil or site conditions are not as stated on the permit, the City Engineer or Building Official may order the work stopped by written notice served on any person engaged in doing or causing such work to be done.
(6) When a stop work order is issued pursuant to this chapter, the applicable person shall immediately stop all building and construction work until authorized to continue by the City Official who issued the order. The failure to stop work after being notified of the stop work order shall be a violation of this chapter and subject to the enforcement remedies contained in division (B) below.
(7) Failure to obtain a grading/clearing permit prior to commencement of grading/clearing, unless not required or exempted by this chapter, shall be a violation of this chapter.
(8) The City Engineer or Building Official may authorize the refunding of any fee paid hereunder in accordance with applicable law and the city's refund policy.
(9) If all provisions of this chapter and the terms of a valid grading/clearing permit have been fulfilled, the city shall not prosecute the permitee under this chapter for any unforeseen circumstances resulting from the actions of the permitee.
(B) Compliance and penalties. The following enforcement remedies and penalties can be applied individually or cumulatively upon violation of this chapter:
(1) A violation of the provisions of this chapter is punishable upon conviction by:
(a) For a minor grading/clearing permit, an initial fine of $300 depending upon the severity of the violation and a fine of not more than $100 for each day of violation, where the offense is a continuing offense, but such fine may not exceed $5,000.
(b) For a major grading/clearing permit and other violations of this chapter including but not limited to the performance standards, an initial fine of $600 depending upon the severity of the violation and a fine of not more than $600 for each day of violation where the offense is a continuing offense, but such fine may not exceed $25,000.
(2) If a person or corporation has gained money or an increase in property value through the violation of this chapter, the court may sentence the defendant to pay an amount fixed by the court not exceeding double the amount of the defendants gain from the commission of the violation.
(3) In addition to the enforcement and penalty provisions, the Court may require the replacement of vegetation removed in violation of this chapter. The amount of replacement trees, shrubs, and ground cover shall be determined by the area of removed vegetation. The property owner shall enter into a mitigation agreement plan approved by the city. The mitigation plan shall include a plan providing for the planting and maintenance of the replacement vegetation. The plan shall make provisions for the replacement of plants that die within three years of planting. Failure to enter into a mitigation agreement plan as required by this section or failure to comply with any condition of that plan shall be a violation of this chapter and be a separate violation each day the failure to comply continues.
(4) In addition to the enforcement and penalty provisions, the Court may order the defendant to mitigate the harm caused by the violation of the chapter. This plan may include but is not limited to the replacement of trees and vegetation removed by the defendant in violation of this chapter. The amount of replacement trees, shrubs and ground cover shall be determined by the area of removed vegetation.
(5) The city may refuse to accept any development permit applications for the property upon which a violation of this chapter has occurred or stop work on any development approved for the subject property until a permit has been acquired and an acceptable mitigation plan, if applicable, has been submitted and performed.
(Ord. 2004-006, passed 8-23-04)