Maybe I'm missing something, but wouldn't this comply with 1009.4.4 of the '09 IBC: Where the bottom or top riser adjoins a sloping public way, walkway or driveway having an established grade and serving as a landing, the bottom or top riser is permitted to be reduced along the slope to less than 4 inches (102 mm) in height, with the variation in height of the bottom or top riser not to exceed one unit vertical in 12 units horizontal (8-percent slope) of stairway width. The nosings or leading edges of treads at such nonuniform height risers shall have a distinctive marking stripe, different from any other nosing marking provided on the stair flight. The distinctive marking stripe shall be visible in descent of the stair and shall have a slip-resistant surface. Marking stripes shall have a width of at least 1 inch (25 mm) but not more than 2 inches (51 mm).
In the OP's photo, it looks like, if the lowest tread has a distinctive marking stripe, then it would comply with this (as long as the cross slope is not steeper than 1:12).