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A. The director or the director’s designee shall enforce violations of this code, as provided for in Chapter 11.20 BMC, Enforcement. The violation or failure to comply with any of the provisions of this chapter is unlawful. The remedies provided in this section, whether civil or criminal, shall be cumulative and shall be in addition to any other remedy provided by law.

B. Inspections.

1. The director or director’s designee is authorized to gain access to private property, make such inspections of grading activities, and take such actions as may be required to enforce the provisions of this chapter.

2. As a condition of any permit issued for activity covered by this chapter, the property owner shall be required to consent to entry upon the land by the city at all reasonable times to inspect the same or to perform any duty imposed upon the director by this chapter.

3. Where the director has reasonable grounds to believe that activities for which a grading permit is required by this chapter are being conducted without a permit, the director may seek to inspect the land and such activity and to enforce any of the provisions of this chapter. The director is hereby granted the authority to enter such premises at reasonable times to inspect the premises; provided, that if such premises or portion thereof is occupied, the director or authorized designee shall first make a reasonable effort to locate the owner or other person having charge or control of the premises or portion thereof and request entry. If, after reasonable effort, the director or authorized designee is unable to locate the owner or other person having charge or control of the premises or portion thereof, and the director has reason to believe the condition of the grading activity creates an imminent hazard, the director may enter the property or portion thereof or may request the assistance of the city attorney, city prosecutor or police department regarding entry.

4. Orders.

a. The director is authorized to issue to an owner or persons representing an owner an order to correct the grading activity or to bring the activity into compliance with this chapter.

b. The order shall include:

(i) A description of the specific nature, extent and time of the violation and the damage or potential damage that reasonably might occur;

(ii) A notice that the violation or the potential violation cease and desist and the specific corrective action to be taken;

(iii) A reasonable time to comply, depending on the circumstances;

(iv) Penalties that may be incurred by any owner not in compliance with this chapter; and

(v) Any required repairs, restorations, or mitigation needed to correct the grading activity which shall be subject to approval by the director.

5. Penalties for Violations.

a. Any person who violates or fails to comply with the requirements of this chapter or who fails to conform to the terms of an approved permit or other type of order issued by the director shall be subject to the civil and criminal penalties provided for within Chapter 11.20 BMC, Enforcement. Each day of continued violation shall be considered a separate violation for the purposes of calculating the penalty.

b. In addition to criminal and civil penalties, the director may impose a reinspection fee for any grading activity found not to be in compliance with this chapter. The reinspection fee shall be independent of any current or future penalties that may be incurred by the property owner for noncompliance with this chapter. (Ord. 2269 § 1, 2018).