Failure to comply with the following shall constitute a violation of this chapter:
A. 
Any requirement of this chapter;
B. 
Any order issued by the department pursuant to the provisions of this chapter;
C. 
Any condition placed on grading permits;
D. 
Any other rules or regulations of the city of South Lake Tahoe related to grading or construction;
E. 
Any condition placed on any construction or grading permit issued pursuant to an MOU with the TRPA;
F. 
Any condition placed on any construction or grading permit issued by regional or state water boards for construction or grading activities within the city of South Lake Tahoe.
(Ord. 1000 § 1; Code 1997 § 36-62)
The geotechnical engineer, certified engineering geologist, civil engineer or other licensed or certified professional retained to monitor construction shall immediately notify the director if it is observed that the work is not being performed substantially in accordance with the approved plans and specifications. Any necessary modifications of project plans shall be submitted to the director for review and approval.
(Ord. 1000 § 1; Code 1997 § 36-63)
A. 
Whenever any person is performing work in violation of the provisions of this chapter, the director or one of their designees may issue a written order to the responsible party to correct and/or stop work on the portion of the work where the violation has occurred or upon which the danger exists. If there are no persons present on the premises, the notice may be posted in a conspicuous place. The notice shall state the nature of the violation.
B. 
Upon receipt of a correction order, the person performing the work shall undertake efforts and correct the noted condition(s) within the time specified in the correction order.
C. 
Upon receipt of a stop work order, the person performing the work shall stop work immediately on all aspects of construction other then work associated with correcting the violations of this chapter. These corrections shall be undertaken at the violator's sole expense.
D. 
If the responsible party fails to comply with the stop work order served pursuant to this section, the city may use any and all remedies available to it under this chapter, in law, or in equity, including but not limited to: shutting down all work on the site, performing the corrective work either with city crews or by contract, or arresting the responsible party for violation of this chapter.
(Ord. 1000 § 1; Code 1997 § 36-64)
A. 
Established Nuisances Per Se. The city council of the city of South Lake Tahoe ordains that the following violations of this chapter constitute public nuisances:
1. 
A discharge of sediment, construction materials or other pollutants associated with grading or other construction activities to public streets or other city storm water conveyances; or
2. 
Any alteration to natural drainage patterns which has or will cause flooding to adjacent property; or
3. 
A violation which has created a threat to public health, safety or welfare.
(Ord. 1000 § 1; Code 1997 § 36-65)
A. 
Nuisance Abatement Procedure. In accordance with California Government Code Section 25845, the city council of the city of South Lake Tahoe establishes the procedure for abatement of a nuisance. Upon the discovery of a nuisance, city staff shall comply with the following procedures:
1. 
Upon discovery of a nuisance, the owner of the parcel, and anyone known to be in possession of the parcel, shall be given notice of the nuisance abatement proceeding. The notice shall provide for an opportunity to appear and be heard before the zoning administrator prior to the abatement of the nuisance by city.
2. 
Notwithstanding the foregoing, nothing in this chapter shall prohibit the summary abatement of a nuisance upon order of the city council, or upon order of any other city officer authorized by law to summarily abate nuisances, if the city council or officer determines that the nuisance constitutes an immediate threat to public health or safety.
3. 
In any action to abate a nuisance, whether by administrative proceedings, judicial proceedings or summary abatement, the owner of the parcel upon which the nuisance is found to exist shall be liable for all costs of abatement incurred by the city, including, but not limited to, administrative costs, and any and all costs incurred in abatement of nuisance. Recovery of costs pursuant to this subsection shall be in addition to and shall not limit any prevailing party's right to recover costs pursuant to Sections 1032 and 1033.5 of the Code of Civil Procedure or any other provision of law. A prevailing party may also recover attorneys' fees in any action, administrative proceeding, or special proceeding to abate a nuisance, if the city elects at the initiation of the individual action or proceeding to seek recovery of its own attorneys' fees. In no action, administrative proceeding, or special proceeding shall an award of attorneys' fees to a prevailing party exceed the amount of reasonable attorneys' fees incurred by the city in the action or proceeding.
4. 
If the property owner fails to pay the costs of the abatement upon demand by the city, the city council may order the cost of the abatement to be specially assessed against the parcel. The assessment may be collected at the same time and in the same manner as ordinary county taxes are collected, and shall be subject to the same penalties and the same procedure and sale in case of delinquency as are provided for ordinary county taxes. All laws applicable to the levy, collection, and enforcement of city taxes shall be applicable to this special assessment.
5. 
If the city council specially assesses the cost of the abatement against the parcel, the city council also may cause a notice of abatement lien to be recorded. The notice shall, at a minimum, identify the record owner or possessor of property, set forth the last known address of the record owner or possessor, set forth the date upon which abatement of the nuisance was ordered by the city council and the date the abatement was complete, and include a description of the real property subject to the lien and the amount of the abatement cost.
6. 
However, if the city council does not cause the recordation of a notice of abatement lien pursuant to subsection (A)(5) of this section, and any real property to which the costs of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or a lien on a bona fide encumbrance for value has been created and attaches to that property, prior to the date on which the first installment of city taxes would become delinquent, then the cost of abatement shall be transferred to the unsecured roll for collection.
7. 
Recordation of a notice of abatement lien pursuant to subsection (A)(5) of this section has the same effect as recordation of an abstract of a money judgment recorded pursuant to Article 2 (commencing with Section 697.310) of Chapter 2 of Division 2 of Title 9 of Part 2 of the Code of Civil Procedure. The lien created has the same priority as a judgment lien on real property and continues in effect until released. Upon order of the city council, or any other city officer authorized by the city council to act upon its behalf, an abatement lien created under this section may be released or subordinated in the same manner as a judgment lien on real property may be released or subordinated.
8. 
The city council may delegate the hearing required by subsection (A)(1) of this section, prior to abatement of a public nuisance, to a three-member hearing board designated by the city council. The hearing board shall make a written recommendation to the city council. The city council may adopt the recommendation without further notice of hearing, or may set the matter for a de novo hearing before the city council.
9. 
The city council may, by ordinance, delegate to a hearing officer appointed pursuant to Government Code Section 27720 the powers and duties specified by this section.
10. 
Upon entry of a second or subsequent civil or criminal judgment within a two-year period finding that an owner of property is responsible for a condition that may be abated in accordance with this chapter enacted pursuant to California Government Code Section 25845, except for conditions abated pursuant to Section 17980 of the Health and Safety Code, the court may order the owner to pay treble the costs of the abatement.
(Ord. 1000 § 1; Code 1997 § 36-66)
Whenever any work for which a permit is required by this chapter has been commenced without first obtaining the permit, the director shall require an investigation before issuing a permit for such work. In this case, the violator shall be charged for the department's labor and costs incurred during the investigation, in addition to double the cost of regular permit fees.
(Ord. 1000 § 1; Code 1997 § 36-67)
If any section, subsection, paragraph, subparagraph, sentence, clause or phrase of this chapter is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this chapter; and the board declares that this chapter and each section, subsection, paragraph, subparagraph, sentence, clause, and phrase thereof would have been adopted irrespective of the fact that one or more of such sections, subsections, paragraphs, subparagraphs, sentences, clauses or phrases be declared invalid or unconstitutional.
(Ord. 1000 § 1; Code 1997 § 36-68)