(a)
Upon completion of grading work, including excavation and fills, the owner of any property on which grading is done pursuant to this title shall be fully responsible for the continued maintenance of all cut and fill slopes and all other areas of work within the limits of the approved grading and landscape plans on his property. Maintenance shall include repairs to berms, ditches, paved drainage terraces, down drains and erosion control devices, including slope planting. Plantings shall be watered, fertilized and replaced where necessary to cover bare soil areas sufficiently to prevent erosion. Maintenance shall also include repairing eroded slopes by filling erosion gulleys with imported soil or other means when such erosion gulleys create a hazard to paved drainage terraces or other nearby public or private property.
(b)
Slope Maintenance. After the city has made a final inspection and has accepted the condition of all cut and fill slopes in a subdivision as being stabilized so that no unusual erosion problems exist, the subdivider shall furnish to the city a form of release of subdivider and acceptance of responsibility of slope maintenance signed by legal owner or owners of each lot in the tract.
(c)
Legal Duties and Obligations. Compliance with requirements and conditions of this title or the granting of or issuance of a grading permit shall not be construed to release the owner of real property of any legal duties, obligations or liabilities incident to the ownership of the property while the work of grading, excavating or filling is in process or after the completion thereof.
(d)
Hazardous Conditions. Whenever the city determines that any existing excavation or fill has become a hazard to life and limb or endangers property or adversely affects the safety, use or stability of a public way, public utility or drainage channel, the owner of the property upon which the excavation or fill is located or other person or agent in control of said property, upon receipt of notice in writing from the city, shall, within the period specified therein, repair or eliminate such excavation or fill, so as to eliminate the hazard and be in conformance with the requirements of this title.
If the city performs emergency work on private or public property pursuant to this section, it may charge the property owner all direct and indirect costs which are necessary to complete the work to the city's satisfaction. In addition, the city may charge a mobilization cost equal to fifteen percent of the cost for performing the work. Such costs may be debited against any cash bonds or deposits that have been posted with the city in connection with the grading or building permit.
(Ord. 1237 § 1, 1992; Ord. 1442 § 2, 2004)