A. Any condition in violation of the grading ordinance is declared to be a public nuisance, subject to abatement in accordance with Title 8 of this code. In the event that the director determines that a violation has created a condition which is of such a nature to be imminently dangerous to the public health, safety or welfare, such condition may be abated in accordance with the summary abatement procedures set forth at Chapter 8.04, et seq. of this code.
The following conditions are declared to constitute an imminently dangerous condition:
1. When a violation has altered natural drainage patterns and has caused flooding to any downstream or upstream property; or
2. When a violation results in a condition which creates a drainage alteration such that upstream or 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
3. When a violation results in a hazard, requiring immediate correction for the preservation of the public health, safety, or welfare; or
4. When a violation results in a discharge or release of significant amounts of sediment which causes or threatens to cause flooding, property damage, or unsafe conditions.
B. The costs incurred by city to abate any nuisance caused by a violation of the grading ordinance shall be assessed against the subject property as a lien or made a personal obligation to the owner of the property as provided in Chapter 8.04, et seq. of this code. Such costs may include, but shall not be limited to, the following:
1. Engineering and design costs;
2. Contractor service bills or public employee wages at cost;
3. Administrative overhead and supervision based on ten (10) percent of all other costs incurred;
4. Interest which shall accrue and be billed at the rate of ten (10) percent of all unpaid amounts from the date of billing;
5. Attorney fees and costs.
C. The abatement procedures set forth in this section are cumulative and in addition to any other rights or remedies which are or may be available to city to correct or cause to be corrected any violation of the grading ordinance, or to abate a condition which is otherwise a public nuisance. (Prior code § 9.35.1904)