(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-600 — 7-12-635)
The following shall apply to all grading work unless otherwise specified in the soils report and grading plan by the applicant's civil engineer in charge which has been approved by the City Engineer or duly authorized representatives:
(a) 
Grading, erosion control, sedimentation and pollutant control work shall be done in accordance with plans hereinbefore described.
(b) 
No grading work shall be done during the wet season unless specifically permitted in writing by the City Engineer.
(c) 
Temporary erosion and sedimentation control facilities shall be completely in place prior to October 15th, and shall be diligently maintained to ensure effectiveness through April 15th.
(d) 
The hours of grading operations shall be only between 7:00 a.m. to 6:00 p.m. (Monday-Saturday) unless otherwise specified by the City Engineer or authorized representative. No grading shall be done on Sundays except if authorized by the City Engineer for reasons of public safety.
(e) 
No clearing and grubbing shall take place on any site for which a grading permit is required prior to the issuance of a valid grading permit.
(f) 
Where a tree removal permit is required by this Code, no tree removal shall take place if a grading permit is required until both permits have been granted.
(g) 
No grading shall be approved on properties adjacent to the site without the written permission of the adjacent property owner. Such written permission shall be notarized and acknowledged and presented to the City Engineer as part of the items required with the application for grading permit.
(h) 
The rate of slope of the surface of permanent fills shall not be steeper than two to one (2:1) and the rate of slope of permanent cut slopes, shall not be steeper than one and one-half to one (1 1/2:1), unless otherwise recommended in the soils report and approved in writing by the City Engineer.
(i) 
Drainage facilities shall be provided to convey storm waters to a natural watercourse, swale or other drainage way, or to a public storm drainage system at locations and in a manner satisfactory to the City Engineer. Adequate measures shall be taken to control storm waters during grading operations. The quality of storm water from the site shall be as required in the "Storm Water Management and Discharge Control Program Ordinance." The current "Storm Water Quality Controls for New Developments in Santa Clara Valley and Alameda County," otherwise known as the Best Management Practices Manual, shall serve as a guide to achieving the required storm water quality.
(j) 
Erosion control shall include planting of all graded areas to be left exposed to the elements in accordance with the planned maintenance of such areas.
(k) 
No grading shall be done which will cause sloughing of materials from or onto adjoining property.
(l) 
Applicant shall not dump, move or place any earth, sand, gravel, rock, stone or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express consent of the owner of such premises so affected or upon or over any public place or way.
(m) 
Applicant shall not, when hauling any earth, sand, gravel, rock, stone, or other excavated material over any public street, alley or other public place, allow such material to blow or spill over and upon such street, alley, or place or adjacent private property.
(n) 
If due to a violation of subsections (l) and (m) of this section, any earth, sand, gravel, rock, stone or other excavated material is caused to be deposited upon or to roll, flow or wash upon any public place or way, the applicant therefor shall cause the same to be removed from such public place or way within 36 hours. In the event it is not so removed, the City Engineer shall cause such removal and the cost of such removal by the City Engineer shall be paid to the City by the applicant who failed to so remove the material.
(o) 
Applicant shall not excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or the public property without supporting and protecting such public street, sidewalk, alley or other public property from settling, cracking, or other damage which might result from such excavation. Should the nature of the excavation in the opinion of the City Engineer create a hazard to life unless adequately fenced, the applicant shall construct such fences or guard rails to safeguard persons using the public street, sidewalk, alley or other public property as the City Engineer may require.
(p) 
If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature or the formation is such that further work as authorized by an existing permit is likely to endanger any property or public way, the City Engineer may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as the City Engineer considers necessary to avoid such likelihood of danger. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing.
A performance bond or other security acceptable to the City Engineer shall be required for every grading permit issued under this Chapter when the volume of material to be graded exceeds 500 cubic yards.
Ten percent of the required amount shall be cash. The amount of the bond shall be determined by the City Engineer after consideration of the estimated cost of the work, the possible consequences of noncompletion, particularly with respect to adjacent properties, public safety and any other relevant factors. The bond shall remain in full force and effect until the statement of completion in accordance with Section 7-12-500 has been accepted by the City Engineer. The bond shall obligate the principal, his or her executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the City, its officers, and employees.
The bond shall be conditioned on the faithful performance of the work under the grading permit and the immediate abatement of any conditions listed in Section 7-12-600. Failure of the person to whom the permit is issued to abate such hazard(s) shall result in summary abatement pursuant to Section 7-12-800.
Where erosion and sedimentation control work is required as a part of the approved grading plan, the City Engineer may require such work to be bonded either separately from, or along with any grading bonds which may be required.
Where a separate bond is required for the erosion and sedimentation control work, 10% of the required amount shall be cash.
Where the erosion control work is bonded along with the grading work, 10% of the total required amount for the combined aspects of work shall be cash.
The erosion and sedimentation control bond shall be conditioned on the performance of the erosion and sedimentation control portion of the approved grading plan and shall remain in full force and effect during the "Wet Season" or such other time period which shall be determined by the City Engineer.
Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of the work.
The principal shall have 30 days from the delivery date of the notice to comply with same or to appeal to the City Engineer; except that in an emergency, the City Engineer shall have the authority to take action three days after giving the before-mentioned notice to the principal.
The cash portion of the surety provided to the City shall be used by the City Engineer to initiate any corrective actions he or she deems necessary. Further funding shall be provided by the surety in accordance with Section 7-12-620 of this Code.
After receipt of such notice of default, the surety must cause the required work to be performed within the time therein specified or failing therein, pay to the City Engineer the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10% of the estimated cost, but not to exceed the principal sum of the bond. Upon receipt of such monies, the City Engineer shall proceed by such method as he or she deems convenient to cause the required work to be completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. The balance, if any, of such bond funds shall, upon completion of the work, be returned to the surety, after deducting the cost of the work plus 10% thereof.
The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the City Engineer of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the City Engineer, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his or her successors or assigns upon the termination of the bond, except any portion thereof that may have been used.
In the event of any default in the performance of any term or condition or the permit for the work, the surety or any person employed on or engaged on his or her behalf shall have the right to enter upon the premises to complete the required work or render it safe to persons and property.
Duly authorized representatives of the City Engineer shall have the right to enter upon the premises during the course of work or upon completion to determine compliance with the terms or conditions of the permit and provisions of this Chapter.
Whenever work done under the terms or conditions of a permit issued according to the provisions of this Chapter is discovered, during the course of construction, to be in a condition which, in the opinion of the City Engineer, endangers the public safety, the City Engineer shall have the authority to order its immediate emergency repair by City forces or take such other action as is deemed necessary for the protection of the public. The actual cost of such work by the City, plus 15% as an overhead charge, shall be charged against the performance bond, or when no bond was required, shall be a charge against and a lien upon the concerned property if not paid by the permittee.
No person shall interfere with or obstruct the ingress or egress to or from any such premises by an authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit, inspecting for compliance of the work with the terms or conditions of the permit and the provisions of this Chapter, or taking emergency actions deemed necessary for the protection of the public.