It is the intent of the Board of Supervisors in enacting this
chapter to minimize damage to surrounding properties and public rights-of-way,
the degradation of the water quality of watercourses, and the disruption
of natural or County authorized drainage flows caused by the activities
of clearing and grubbing, grading, filling and excavating of land,
and sediment and pollutant runoff from other construction related
activities, and to comply with the provisions of the County's National
Pollutant Discharge Elimination System (NPDES) Permit Number, CA0082597,
issued by the California Regional Water Quality Control Board (Regional
Board)
These goals will be achieved by establishing administrative
procedures, minimum standards of review, and implementation and enforcement
procedures for controlling erosion, sedimentation and other pollutant
runoff, including construction debris and hazardous substances used
on construction sites, and the disruption of existing drainage and
related environmental damage caused by the aforementioned activities.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
As used in this chapter, the following words and phrases shall
have the meanings given in this section:
1.
"Administrator"
means the Administrator of the Public Works Agency of Sacramento County
or his or her designated representative(s).
2.
"Applicant"
means any person who submits an application for a permit pursuant
to this chapter.
3.
"Civil
engineer" means a professional engineer in the branch of civil engineering
holding a valid certificate of registration issued by the State of
California.
4.
"Clearing
and grubbing" means moving or removing by manual or mechanical means
trees, vegetation and/or the top four inches or greater of soil.
5.
"Compaction"
means the act of compacting or consolidating soil and rock material
to a specified density, and the resulting compacted state of the material.
6.
"Construction
site" means any land area on which the activity of clearing and grubbing,
grading, excavating, or filling is occurring.
7.
"County"
is the County of Sacramento.
8.
"County
Specifications" means the County Improvement Standards, County Standard
Construction Specifications and other standards included in applicable
County ordinances, regulations and manuals, as amended from time to
time.
9.
"Engineering
geology" means the application of geologic knowledge and principles
in the investigation and evaluation of naturally occurring rock and
soil for use in the design of civil works.
10.
"Environmental
Coordinator" is the County official designated by the County Executive
to prepare and process environmental documents.
11.
"Erosion"
means the transport of the ground surface or soil as a result of the
movement of wind or water.
12.
"Erosion
control measures" means seeding, mulching, vegetative buffer strips,
sod, plastic covering, burlap covering, watering and other measures
which control the movement of the ground surface or soil.
13.
"Grade"
is the elevation of the ground surface as measured from a known vertical
control.
14.
"Grading"
includes the act or result of digging, excavating, transporting, spreading,
depositing, filling, compacting, settling, or shaping of land surfaces
and slopes, and other operations performed by or controlled by human
activity involving the physical movement of rock or soil.
15.
"Hazardous
substances" means those materials listed in Title 40 of the Code of
Federal Regulations (40 CFR) Part 117 and/or 40 CFR Part 302.
16.
"National
Pollutant Discharge Elimination System (NPDES)" means the national
program for issuing, modifying, revoking and reissuing, terminating,
monitoring and enforcing permits, and imposing and enforcing pretreatment
requirements, under Sections 307, 402, 318, and 405 of the Clean Water
Act.
17.
"Permittee"
means the applicant in whose name a valid permit is issued pursuant
to this chapter and the applicant's agents, employees and designated
representative(s).
18.
"Person"
means any individual, corporation, partnership, association of any
type, public agency or any other legal entity.
19.
"Pollutants"
is as defined in Title 40 CFR Part 122.
20.
"Runoff"
is surface runoff and drainage related to storm events, snow melt,
street washwaters related to street cleaning or maintenance and other
waters associated with the construction activity which are or may
be introduced into the municipal separate storm sewer system.
21.
"Sediment"
means soil or earth material deposited by water.
22.
"Sediment
control measures" means dikes, sediment detention traps, sediment
detention basins, filters, fences, barriers, swales, berms, drains,
check dams, and other measures which control the deposit of soil or
earth material.
23.
"Site"
means a parcel or parcels of real property owned by one or more than
one person on which activity regulated by this chapter is occurring
or is proposed to occur.
24.
"Slope"
is an inclined ground surface the inclination of which is expressed
as a percent.
25.
"Structure"
means anything constructed or erected which requires location on the
ground or attached to something having location on the ground.
26.
"Watercourse"
means a river, stream, creek, basin, lake, pond, waterway, or channel,
natural or man-made, having a defined bed and banks. Whenever a watercourse
consists of an ordinary channel, and in addition thereto, an overflow
channel, the watercourse shall be deemed to include all property lying
between the banks of the overflow channel.
27.
"Wetlands"
means those areas that are inundated or saturated by surface or ground
water at a frequency sufficient to support, and that under normal
circumstances do support, a prevalence of vegetation typically adapted
for life in saturated soil conditions, such as swamps, bogs and marshes.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Whenever in this chapter an authority or power is vested in
or a duty is imposed upon an officer or official, an employee subordinate
to the officer or official to whom an appropriate delegation has been
made shall be entitled to exercise the power or authority and perform
the duty.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Except as otherwise provided, the Administrator is responsible
for administering this chapter and Grading and Erosion Control Permits,
and is authorized from time to time to promulgate and enforce rules
or regulations consistent with and necessary to implement the purposes,
intent and express terms of this chapter.
Any rules or regulations promulgated by the Administrator, or amendments thereof, shall be filed with the Clerk of the Board of Supervisors. The Clerk shall cause said rules or regulations to be published in a newspaper of general circulation within 10 calendar days. No rules or regulations promulgated by the Administrator, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the rules or regulations are published. Any person shall have 15 days after the date of publication in which to file an appeal in accordance with the provisions of Section 16.44.300.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Except as provided by Sections 16.44.060, 16.44.065 or 16.44.070, a Grading and Erosion Control Permit shall be required to: (1) grade, fill, excavate, store or dispose of 350 cubic yards or more of soil or earthly material; or (2) clear and grub one acre or greater of land within the unincorporated area of the County. A separate permit is required for work on each site unless sites are contiguous, have the same ownership, and are included in the approved plan. Any determination by the Administrator as to whether a permit is required may be appealed pursuant to the provisions of Section 16.44.300.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A.
A Grading
and Erosion Control Permit shall not be required to:
1.
Grade,
fill, excavate, store or dispose of less than 350 cubic yards of soil
or earthly material; or
2.
Clear
and grub less than one acre of land within the unincorporated area
of the County; or
3.
For
the grading, filling, excavating, storing, disposing, or clearing
and grubbing for:
a.
Swimming pools, basements, or footings of structures if authorized
by a valid building permit;
b.
Underground utilities;
c.
Mining or quarry operations, if a use permit has been granted by
the County;
d.
Refuse disposal sites operated by a governmental agency;
e.
The production of planted agricultural crops.
B.
Notwithstanding the provisions of subsection (A) hereof exempting specified activities from the otherwise applicable permit requirements, the activities described in subsection (A) shall be subject to the standards and requirements of this chapter. Any building permit issued in connection with the activities described in subsection (A) or in connection with any building permit issued for a single family residence on an individual lot may be conditioned on compliance with the standards and requirements of this chapter. Any inspections required pursuant to this chapter or any other chapter of Title 16 of the Sacramento County Code shall include a determination of compliance with the purpose of this chapter.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995; SCC 1581 § 7,
2015)
A Grading and Erosion Control Permit shall not be required for, and the provisions of this chapter shall not apply to, grading, filling, excavating, storing, disposing, or clearing and grubbing for situations where, in the determination of the Administrator, there is a clear and imminent danger to life or property, or threat of loss of services for which there is an overriding public concern. The Administrator may, at the time of granting such exemption, impose conditions in accordance with Section 16.44.170, including, but not limited to, the requirement for the posting of security. Such exemption must be requested from the Administrator and approved in writing prior to the commencement of any activity regulated by this chapter.
(SCC 1002 § 3, 1995)
Where an improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map; or a development plan is being processed in accordance with the provisions of Title 12 of this Code, such plan shall also be considered as a request to undertake those activities regulated by this chapter. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the standards and requirements set forth in this chapter and other applicable county specifications. For an approved tentative, parcel, or final map, or development plan; any submitted improvement plans shall include provisions to require compliance with the standards and requirements of this chapter. If an improvement plan is approved, then a Grading and Erosion Control Permit shall not be required.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The application for a Grading and Erosion Control Permit shall
be filed in the Office of the Administrator, and on a form and submitted
with such information as is prescribed by the Administrator, including
the following:
A.
The
name, address and telephone number of the applicant and the applicant's
engineer;
B.
The
address and parcel number of the location for which the permit is
sought;
C.
A copy
of all entitlements granted for the property by the County, including
conditions of approval and the environmental documentation;
D.
A copy
of all required state and federal permits;
F.
Specifications conforming with the requirements of Section 16.44.100, if the Administrator expressly requires this information;
J.
Other
information as may be required by the Administrator.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Plans shall be prepared by a civil engineer in conformance with
County Specifications and shall include the following:
A.
A vicinity
map indicating the site location and significant geographic features;
B.
A site
delineation map indicating boundary lines of the property and each
lot or parcel into which the site is proposed to be divided;
C.
The
location of on-site and surrounding watercourses and wetlands, existing
and proposed drainage systems, and drainage area boundaries and acreages.
Additional hydrologic analysis shall be provided as required by the
Administrator;
D.
The
location of existing and proposed roads and structures on the site,
and on adjacent property;
E.
Accurate
contours at two foot intervals for slopes up to ten percent and five
foot intervals for slopes over ten percent showing topography of existing
ground and locations of existing vegetation, including all oak trees,
all other trees over six inches in diameter measured at four and one-half
feet above the ground, groves of trees, and natural features such
as rock outcroppings. Spot elevations will be required where relatively
flat conditions exist. The spot elevations or contour lines shall
be extended off-site for a minimum distance of 50 feet, or 100 feet
in flat terrain;
F.
Elevations,
location, extent and slope of all proposed grading shown by contours,
cross-sections or other means, and location of any disposal areas,
fills or other special features to be included in the work;
G.
A statement
of the quantity of material to be excavated, the quantity of material
to be filled, whether such excavation or fill is permanent or temporary,
and the amount of such material to be imported to or exported from
the site;
H.
A delineation
of the area to be cleared and grubbed;
I.
A statement
of the estimated starting date, grading completion date, and when
site improvements will be completed;
J.
The
location, implementation schedule, and maintenance schedule of all
erosion control measures and sediment control measures to be implemented
or constructed prior to, during or after the proposed activity;
K.
A description
of measures designed to control dust and stabilize the construction
site road and entrance;
L.
A description
of the location and methods of storage and disposal of construction
materials;
M.
Any
additional plans required by the Administrator.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
When required by the Administrator, the following information
shall be prepared and signed by a civil engineer, and submitted with
the application for a Grading and Erosion Control Permit:
A.
Preparation
of natural ground to occur prior to placement of fill, including provisions
for removal of organic or deleterious materials;
B.
Quality
control of native or imported fill material;
C.
Degree
of compaction;
D.
Gradient
of cut and fill slopes;
E.
Geotechnical
engineering or engineering geology reports used in the development
of the above information.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A.
Prior
to issuance of the permit, the applicant shall provide security in
an amount estimated by the Administrator to be the cost for stabilizing
the activity site if the site is abandoned or work is stopped during
the performance of the activity described in the permit. The security
shall be one of the following, subject to the approval of the Administrator;
1.
Bond
or bonds by one or more duly authorized corporate sureties.
2.
A
deposit, either with the County or a responsible escrow agent or trust
company, at the option of the County, of money or negotiable bonds
of the kind approved for securing deposits of public moneys.
3.
An
instrument of credit from an agency of the state, federal or local
government when an agency of the state, federal, or local government
provides at least 20% of the financing for the project, or from one
or more financial institutions subject to regulation by the state
or federal government and pledging that the funds necessary are on
deposit and guaranteed for payment, or a letter of credit by such
financial institution.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Whenever any portion of the work requires entry onto adjacent
property for any reason, the applicant shall obtain the written consent
of the adjacent property owner or authorized representative, and shall
file a copy of said consent with the Administrator before a permit
for such work may be issued.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A.
A fee
shall be paid by the applicant to the County for plan checking and
review, materials testing, site inspections, processing, issuance
and other services performed by the Administrator in connection with
the investigation of an application for, and administration of, a
Grading and Erosion Control Permit. The fees for these services shall
be in the amount of the actual costs incurred by the County based
on the hourly rate of the personnel performing the services, including
all overhead costs, and as determined by Municipal Accounting Services
(MAS) within the Department of Finance.
B.
A minimum deposit of $1200 shall be paid by the applicant at the time of and with the filing of the application with the Administrator. This amount shall also be due where an improvement plan is relied upon to satisfy the Grading and Erosion Control permit requirement pursuant to Section 16.44.070. If the work proposed under the Grading and Erosion Control Permit has previously been subject to environmental review by the County pursuant to the California Environmental Quality Act (CEQA), the deposit shall be $750. In the event the accrued costs exceed the initial deposit, the County shall submit a monthly bill to the applicant for the amount owing as of the date on the bill. Interest of one and one-half percent (1-1/2%) per billing period (28 day cycle) compounded each billing period shall be added to the unpaid balance due to any amount which has not been paid in full within 28 days from the date on the bill.
C.
The
Administrator shall not perform any services for an applicant if an
amount owing is not paid within 28 days, until such time that all
amounts owing and interest thereon is paid in full. The balance of
fees owing shall be paid in full prior to final inspection. In the
event the actual costs do not exceed the minimum deposit amount, the
County shall reimburse the applicant the difference between the deposit
amount and the actual total charges.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995; SCC 1581 § 8,
2015)
Grading and erosion control permits, and amendments thereto,
are subject to the requirements of the California Environmental Quality
Act (CEQA). The applicant shall furnish a copy of the application
to the Environmental Coordinator for preparation and processing of
the appropriate environmental documents. The Administrator is authorized
to hold public hearings on Negative Declarations, Draft Environmental
Impact Reports and Final Environmental Impact Reports prepared on
applications for Grading and Erosion Control Permits, for the purposes
of receiving comments from the public. The Administrator shall not
approve a Grading and Erosion Control Permit prior to considering
the applicable environmental document and complying with the requirements
of CEQA and the County Procedures for Preparation and Processing of
Environmental Documents.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator shall review and approve, conditionally approve
or deny Grading and Erosion Control Permit applications and improvement
plans in accordance with the provisions of this chapter. Grading and
Erosion Control Permit applications and improvement plans shall be
issued or approved unless the Administrator finds in writing that:
A.
The
applicant has failed to provide sufficient or adequate plans, information
or other data necessary to allow determinations respecting compliance
with the provisions of this chapter or County Specifications;
B.
The environmental review has not been completed, other provisions of this Code or of state law pertaining to environmental review have not been satisfied, or the activity will have significant adverse environmental impacts which cannot be substantially mitigated. Where the activity will have significant adverse impacts, the Administrator may approve the permit in accordance with the provisions of this chapter, Title 20, and the California Environmental Quality Act of 1970;
C.
The proposed activity will violate provisions of this chapter, County Specifications, or state or federal laws, and such violation cannot be resolved by the imposition of conditions pursuant to Section 16.44.170;
D.
The
proposed activity will adversely affect surrounding properties and
public rights-of-way, the water quality of watercourses, and existing
drainage.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Grading and Erosion Control Permit shall include but not
be limited to a complete description of the activity for which it
is issued, the property for which it is issued, the date of issuance
and the date of expiration, and a description of any and all conditions
upon which the permit has been issued. The permit shall be kept at
the site during the activity for which the permit was issued. A Grading
and Erosion Control Permit authorizes the permittee to undertake only
that activity described in the permit and only on the property for
which the permit is issued.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator may at the time of issuance of the Grading
and Erosion Control Permit impose such conditions as are necessary
to ensure compliance with this chapter, County Specifications, or
state or federal laws. Such conditions shall be reasonably related
to the public needs created by the proposed activity. Conditions to
mitigate environmental impacts of the activity may also be imposed
by the Administrator.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Any condition imposed pursuant to the provisions of Section 16.44.170 shall be embodied, together with the reasons therefor, in the permit and served upon the applicant or permittee.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A Grading and Erosion Control Permit shall be effective on the
date of issuance, and shall remain in force for one year, unless suspended
or revoked by the Administrator, or voluntarily relinquished by the
permittee. Before the expiration of a permit, a permittee may apply
for an extension of time in which to complete the activity. One extension
of not more than one year may be granted by the Administrator.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A Grading and Erosion Control Permit shall not be transferable
or assignable from one person to another, unless approved by the Administrator
and the person to whom the permit is to be transferred agrees to comply
with the requirements of the original permit and to any conditions
imposed therein.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator shall deny an application for a Grading and Erosion Control Permit if any of the findings in Section 16.44.150 are made. Notice shall be served on the applicant, in writing with the reasons stated therefor, pursuant to the provisions of Section 16.44.340.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Any proposed changes in the activity authorized by the permit
shall be submitted to the Administrator for review. The permittee
shall not undertake or allow activity to occur which does not conform
with the plans or conditions of the original permit, unless approved
by the Administrator. The Administrator shall review any proposed
changes in the same manner and pursuant to the same standards as the
original application.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Requests for inspection of any site subject to the provisions
of this chapter shall be made to the Administrator at the following
phases of activity. Such a request shall be made at least two full
business days in advance of the desired day of inspection.
A.
When
the site has been cleared of vegetation and unapproved fill, and scarified,
benched, or otherwise prepared and before any fill is placed; and
the erosion control and sediment control measures to be implemented
in this phase have been placed;
B.
When
approximate final elevations have been established; drainage terraces,
swales and other drainage devices have been graded and are ready for
paving; berms have been installed at the top of slopes; and the erosion
control and sediment control measures to be implemented in this phase
have been placed;
C.
When
work has been completed; slope planting established and irrigation
systems installed, if required; and the erosion control and sediment
control measures to be implemented in this phase have been placed.
|
The Administrator, upon inspection of the site, shall notify
the person or permittee: (1) that the phase of work inspected is approved;
or (2) what deficiencies, corrections or other work needs to be completed
before approval of that phase.
|
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Notification to the Administrator shall be required within 24
hours following the failure of authorized measures to prevent erosion
or sediment from leaving the construction site; the deposit of debris
or material on adjoining property or public rights-of-way; or the
interference with any existing watercourses or drainage facilities.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
If activity is ceased on site for any reason for a period in
excess of 15 calendar days, and before the activity being conducted
under the permit is completed, all necessary steps shall be taken
to prevent damage through erosion or sedimentation to adjoining properties
or to the public rights-of-way or to any natural or artificial drainage
facilities or watercourses. The premises shall also be graded to blend
into the adjacent terrain. The Administrator shall be notified as
soon as possible, but no later than 15 calendar days, after the cessation
of work.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
After completion of work in accordance with and conforming with
an approved permit and delivery to the County of record plans and
a grading plan as finally implemented, and payment of all fees, the
Administrator shall issue a certificate of completion.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator may enter and inspect property for which a
Grading and Erosion Control Permit has been applied to determine applicability
or compliance with this chapter and County Specifications. The Administrator
may also inspect any and all property on which grading, filling, clearing
and grubbing or excavating activities are occurring.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
A Grading and Erosion Control Permit may be suspended if:
A.
The
physical state of the property differs from the descriptions, plans
or information furnished to the Administrator in the permit application;
B.
The
activity does not conform to the approved plans, grades, conditions
or terms of the permit;
C.
The
activity is in violation of this chapter, County Specifications, or
state or federal laws;
D.
Any
reports required to be submitted to the Administrator have not been
submitted; or
E.
Any
of the information contained in reports submitted to the Administrator
is in error.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator may suspend or revoke a Grading and Erosion
Control Permit by issuing a notice of suspension or revocation, stating
the reasons therefor, and serving same, upon the permittee. Upon suspension
or revocation of a permit, in accordance with the provisions of this
section, the permittee shall immediately cause all grading, filling,
excavating, storing, disposing or clearing and grubbing to cease until
written authorization is received from the Administrator to proceed
with the activity.
The permittee shall have 15 calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with the provisions of Section 16.44.300. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the Board of Supervisors.
If the Administrator suspends a permit, such permit may either
be reinstated or revoked by the Administrator, depending upon whether
the permittee corrects the grounds stated for the suspension in the
notice issued by the Administrator. If the permittee fails to remedy
the grounds for suspension within a time period specified by the Administrator,
but in no event later than 60 calendar days, the Administrator shall
revoke the permit.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
If the applicant for a Grading and Erosion Control Permit, the
permittee, or other persons whose property rights may be affected
is dissatisfied with any determination made by the Administrator,
such person may appeal to the Board of Supervisors. Any such appeal
shall be in writing, shall state the specific reasons therefor and
grounds asserted for relief, and shall be filed with the Clerk of
the Board of Supervisors not later than 15 calendar days after the
date of the action being appealed. If an appeal is not filed within
the time or in the manner prescribed above, the right to review of
the action against which the complaint is made shall be deemed to
have been waived.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Board of Supervisors shall by resolution adopt and, from
time to time, amend a fee for the filing of appeals. Such fee shall
be for the sole purpose of defraying costs incurred for the administration
of appeals. The fee for an appeal shall be paid at the time of and
with the filing of an appeal. No appeal shall be deemed valid unless
the prescribed fee has been paid.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
After the filing of an appeal within the time and in the manner prescribed by Section 16.44.300, the Board of Supervisors shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the Administrator and the appellant not later than 10 days preceding the date of the hearing.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Board of Supervisors shall review the entire proceeding
or proceedings relating to the act or decision being appealed, de
novo, and may make any order it deems just and equitable, including
the granting of a Grading and Erosion Control Permit. Any hearing
may be continued from time to time.
At the conclusion of the hearing, the Board of Supervisors shall
prepare a written decision which either grants or denies the appeal,
and contains findings of fact and conclusions. The written decision,
including a copy thereof, shall be filed with the Clerk of the Board
of Supervisors. The Clerk shall serve such decision on the applicant
or permittee and the Administrator. The decision of the Board of Supervisors
shall become final upon the date of filing and service with respect
to any appeal.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Any notice authorized or required by this chapter shall be deemed
to have been filed, served and effective for all purposes on the date
when it is personally delivered in writing to the party to whom it
is directed or deposited in the United States mail, first class postage
prepaid, and addressed to the party to whom it is directed.
Whenever a provision in this chapter requires a public hearing
to be conducted, notice of the time, date, place and purpose of the
hearing shall be published at least once not later than 10 calendar
days in advance of the date of commencement of the hearing in a newspaper
of general circulation which is published within the County. The same
type of notice shall also be served on each permittee whose permit
may be affected by the action taken at the conclusion of the hearing.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
The Administrator may commence action against the security provided
by a permittee if:
A.
The permittee ceases activities on site prior to completion of work without complying with the provisions of Section 16.44.250;
B.
The
permittee fails to comply with the terms of the permit;
C.
The
activity has caused or is threatening to cause damage or injury to
persons, property or the environment.
|
The monies so obtained shall be used solely to finance remedial
work undertaken by the County or a private contractor under contract
to the County, and to reimburse the County for any administrative
costs and expenses incurred in remedying the situation, including
attorneys fees and legal costs incurred in any necessary action to
obtain the security.
|
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
Except as otherwise specifically provided, pursuant to the provisions
of Government Code Section 25132, violation of any of the provisions
contained in this chapter shall constitute an infraction subject to
a fine of $100 for each day or any portion thereof a violation continues.
Violation of any of the provisions of this chapter following notice to the permittee by the Administrator advising of the violation and ordering a cessation thereof, shall pursuant to the provisions of Section 1.01.190 contained in Title 1 of this Code, constitute a misdemeanor.
Violation of any of the provisions of this chapter may be remedied
by injunction or other civil proceeding commenced in the name of the
County pursuant to direction by the Board of Supervisors.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
There are many ordinances and other laws applicable to activities
permitted under this chapter which are not sought to be enforced under
this permitting process. Such laws include, but are not limited to,
building, floodplain management, and land development measures. The
issuance of a Grading and Erosion Control Permit shall not be deemed
to constitute a representation that the activity so permitted or the
property upon which such activity is occurring complies with such
other ordinances or other laws. Nor shall the existence of such an
unrevoked permit be deemed to preclude any criminal or civil remedy
for violation of such other ordinances or laws. The possession of
a Grading and Erosion Control Permit shall not be deemed to relieve
the holder of the requirement to apply for or obtain any other license
or permit required by ordinance or statute.
(SCC 0928 § 2, 1993; SCC
1002 § 3, 1995)
