(a)
Location. Buildings or structures shall be located clear of the toe
or top of cut or fill slopes not less than: (1) five feet (5')
if the slope does not exceed ten feet (10') in height; and (2)
one half (1/2) the vertical height of the slope, for slopes between
ten feet (10') and twenty feet (20') in height, with a
maximum of ten feet (10') for any height of slope.
(b)
Slope. A slope of twenty feet (20') or more in vertical height
shall be provided with a designed retaining wall four feet (4')
in height above its toe for that portion of the slope paralleling
any building, if the distance between the building and the toe of
slope is less than thirty feet (30')
(c)
Reduced Distances. The Building Director may permit reduced distances
upon approval of a detailed analysis and opinion of the Soils Engineer
that the distances specified can be safely reduced without endangering
health, safety or property.
(Ord. 48 § 6, 1969)
All permits shall incorporate the proviso that the applicant,
his agent, employees, or contractors shall carry out the proposed
work in accordance with the approved plans and with all requirements
of this Title and other laws or regulations applicable thereto, whether
specified or not. A permit shall not be issued until the applicant
executes a "hold harmless" clause on the permit reading
as follows: "The permittee agrees to save, indemnify and hold
harmless the City of Indian Wells, its agents and employees, from
all liability and claims for damages by reason of injury to or death
of any person, or damage to property, from any cause whatsoever connected
with the work covered by this permit, and further agrees to defend
the City and its representatives in any claim arising out of or as
a result of the work done under this permit."
(Ord. 48 § 7, 1969)
All permits issued by the Building Director shall impose such
conditions as are reasonably necessary to prevent the proposed operations
from creating a nuisance. Such conditions shall include the following:
(a)
Excessive Dust. Requirements for the prevention of excessive dust
being created by the operations; and
(b)
Hours of Operation. Limitations upon the hours of the day for conducting
grading operations.
(Ord. 48 § 8, 1969)
Whenever the Building Director determines that any existing
excavation or fill has become unsafe, he shall mail written notice
to the owner or person in control of the property, to repair or reconstruct
such excavation or fill within ninety (90) days from the mailing of
notice so that it will meet the standards of this Title, or to otherwise
repair, reconstruct, strengthen or eliminate such excavation or fill
in a manner satisfactory to the Building Director. The Building Director
may shorten the period of time if an imminent and immediate hazard
is found to exist.
(Ord. 48 § 9, 1969)
(a)
Inspection by Soils Engineer. Inspections of excavations and fills
shall be performed by the Soils Engineer, and upon completion of all
soil compaction work, he shall certify to the Building Director in
a final report, in triplicate, that the soil compaction work has been
accomplished in accordance with all the requirements of this Title.
(b)
Final Grading Plan. Upon completion of all work, the engineer shall
certify to the Building Director in a final report, in triplicate,
that the work has been accomplished in accordance with all the requirements
of this Title. He shall submit a final grading plan showing thereon,
the location of controlled compacted filled ground, and the original
and final contour lines and finished grade elevations.
(c)
Application for Building Permit. The Building Director shall determine
if the final reports of the Soils Engineer and the engineer are complete,
and if so, he shall accept an application for building permits.
(Ord. 48 § 10, 1969)
The owner, or person or agent in control of any property on
which an excavation or fill has been made pursuant to this ordinance,
shall maintain all slopes, retaining walls, cribbing, drainage structures
and other protective devices necessary to protect his and adjoining
property.
(Ord. 48 § 11, 1969)
This Title shall not apply to the following:
(a)
An excavation below finished grade for cesspool, septic tank, swimming
pool, or foundations for buildings or structures;
(b)
A fill that does not exceed six inches (6") in depth;
(c)
The excavation of a knoll, unless the project includes filling that
exceeds six inches (6") in depth. For purposes of this exception
a knoll is defined as a hillock or a small elevation of earth in an
otherwise relatively flat area;
(d)
Garbage or refuse disposal sites operated by a public agency, or
controlled by other regulations;
(e)
Any work done in City streets or roads where a permit has been granted
under any other City ordinance.
(f)
Any work done in order to protect the public health, safety and welfare
in the event of emergency or disaster;
(g)
Cemetery graves;
(h)
Work performed by, or for the Federal Government, or State, County
or City; and
(i)
Grading done exclusively for agricultural or farming purposes.
(Ord. 48 § 3, 1969)
