Any person, who in the course of actions described in LMC 12.12.040, causes damage to any public property, including roadways, stormwater control facilities as defined in LMC 15.22.010, vegetated areas, and rights-of-way over which control and use has not been exercised, shall restore such public property to a condition at least equal to the condition immediately prior to the person’s action that resulted in the damage to the public property. Soils in damaged vegetated areas shall be restored and amended in accordance with the current City of Lacey Stormwater Design Manual. Such restoration will be to the satisfaction of the city engineer, within a time frame stipulated by the city engineer, and further conditioned that the person causing or responsible for such damage will maintain such public property for a period of one year. Failure to effect such restoration within the time frame presented by the city engineer, or to maintain such restoration for a period of one year from the date of restoration which results in the necessity for the city to undertake such restoration and/or maintenance in the public interest shall cause the violator to be deemed to have created a public nuisance and shall cause the violator to be liable for all costs incurred by the city incident to the abatement of the public nuisance. Such a nuisance shall be abated with or without legal action and such other proceedings shall be taken with respect thereto as are authorized by law and the ordinances of the city for the prevention, abatement, and punishment of nuisances; and it shall be no defense to any prosecution or proceeding under this section that the person violating the same has a franchise to use or occupy such public property. Failure to abate such nuisance which results in action being taken by the city for such abatement shall result in the violator being liable for all expenses incurred by the city in its abatement action. (Ord. 1496 §2, 2016; Ord. 154 §2, 1970; Ord. 152 §5, 1970).