A. 
The city engineer shall enforce the provisions of this chapter, except as otherwise provided in this section.
B. 
The city engineer may establish and implement special inspection requirements and augment his or her resources or expertise as he or she deems necessary to properly inspect a particular grading project. The cost of these special requirements or augmentations shall be paid for by the benefiting permittee.
C. 
Prior to the approval of any land development work requiring grading plans and specifications, the city engineer may inspect the site to determine that the plans and specifications are current and reflect existing conditions.
D. 
After grading permit issuance, but prior to any land development work involving grading, brushing or clearing, there shall be a pre-grading meeting. Prior to pouring curbs and gutters or placement of base materials, there shall be a pre-paving meeting held on the site. The permittee, or his or her agent, shall notify the city engineer at least two working days prior to the meetings and shall be responsible for notifying all principals responsible for grading and paving related operations.
E. 
The city engineer or designee shall inspect the land development project at various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate inspection and testing is being exercised.
F. 
The city engineer shall require inspection of work done in connection with land development to insure compliance with the provisions of this chapter and shall release the security when such work is properly completed.
G. 
The city engineer shall cause land development being done without a permit to be stopped until a permit has been obtained. The city engineer may require that such work done without a permit be removed or corrected at the expense of the responsible person. Where land development work involves an embankment improperly constructed or constructed without adequate testing, he or she shall cause such embankment to be reconstructed or, in lieu thereof, order the work stopped and corrected as set forth in Sections 18.08.590 and 18.08.820(D) of this chapter.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Neither the issuance of a permit under the provisions of this chapter, nor the compliance with the provisions of this chapter or with any conditions imposed by any city official under this chapter, shall relieve any person from any responsibility for damage to persons or property otherwise imposed by law, nor impose any liability upon the city for damage to persons or property.
B. 
The city engineer or an employee duly authorized with the enforcement of this chapter, acting in good faith and without malice for the city in the discharge of these duties, shall not render him or herself liable personally and is relieved from all personal liability for any damage that may accrue to persons or property as a result of any act required or by reason of any act or omission in the discharge of his or her duties. Any suit brought against the city engineer or employee, because of such act or omission performed by him or her in the enforcement of any provision of this chapter, shall be defended by the legal department of the city until final determination of the proceedings.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
All grading, except grading for a borrow pit, in excess of two thousand five hundred cubic yards shall be performed under the general observation of and coordination of the civil engineer who signed the grading plans and shall be designated as "supervised grading."
B. 
Grading not supervised in accordance with this section shall be designated as "regular grading."
C. 
For grading of two thousand five hundred cubic yards or less, the permittee may elect to have the grading performed as either supervised grading or regular grading.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
The city engineer shall cause regular grading work to be inspected to the extent he or she deems necessary and shall require inspection of excavations and fills and compaction control by a soil engineer. The grading plan shall be a part of the building permit plan set.
B. 
The city engineer shall require sufficient inspection by the soil engineer to assure that the soil engineer has adequately considered all geologic conditions.
C. 
The soil engineer shall file a report with the city engineer assuring the compaction and acceptability of all fills. Where potentially expansive soils are present at either cut or fill grade, the soil engineer shall provide written recommendation regarding treatment given or to be given to such soils.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
For supervised grading it shall be the responsibility of the civil engineer supervising the grading to supervise and coordinate all field surveys, setting of grade stakes in conformance with the plans, and site inspection during grading operations to assure that the site is graded in accordance with the permit.
B. 
Soils reports shall be required and geology reports may also be required as specified in Sections 18.08.780, 18.08.790 and 18.08.830. In addition to the copies filed with the city engineer, copies of such reports shall be sent by the permittee to the civil engineer supervising the grading.
C. 
The soil engineer shall make such tests and inspections as necessary to assure that the recommendations given in the preliminary soils engineering report and incorporated in the grading plan, specifications or the permit have been followed, and comply with the requirements of Section 18.08.780.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
General. The soil engineer's area of responsibility shall include, but not be limited to, the professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes, design of buttress fills where required and incorporating data supplies by the engineering geologist.
B. 
Preliminary and final soils reports shall be required as specified in this chapter. During grading all necessary analyses, compaction data, soil engineering and engineering geology recommendations and reports shall be submitted to the client for distribution as required, and a copy of all such documents shall be provided to the city engineer.
C. 
When preliminary soils engineering reports are not required, the city engineer may yet require inspection and approval by the soil engineer. The soil engineer's responsibility shall include, but not be limited to, approval of cleared areas and benches to receive fill, the compaction and testing of fills and their inspection and approval. The soil engineer will submit a statement that all embankments under his or her direction have been compacted to a minimum of ninety percent relative compaction percentage approved by the city engineer. Prior to the release of building permits for any given lot or lots, the soil engineer shall submit a compaction report to the satisfaction of the city engineer as evidence that rough grading has been compacted in accordance with the approved preliminary soils engineering report.
D. 
Density Testing. All fills shall be compacted to a minimum of ninety percent relative compaction unless a lesser density has been specifically approved by the city engineer. Field density tests shall be performed in accordance with ASTM D1556, or as revised (sand cone test), or equivalent, as approved by the city engineer. At least twenty-five percent of the total tests shall be by ASTM D1556 to verify the accuracy of the equivalent method. All such tests shall be reasonably and uniformly distributed within the fill or fill slope surface so that representative results are obtained.
E. 
At least twenty percent of the field density tests taken shall be located within three feet of the final slope location and at least one density test shall be taken within the outer twelve inches of finished slope face for every five thousand square feet of slope area.
F. 
Locations of field density tests shall be determined by the soil engineer or approved testing agency, but shall be sufficient in both horizontal and vertical placement to provide representative testing of all fill placed.
G. 
Field density tests shall be performed on the basis of at least one test for one thousand cubic yards of compacted fill and at least one test for each two feet of fill thickness.
H. 
Testing in areas of critical nature or special emphasis shall be in addition to a network of representative sampling. Where lower density and very high potential expansion characteristics exist, as determined by the soil engineer, lesser compaction may be granted by the city engineer upon justification and recommendation by the soil engineer.
I. 
Testing for expansive soil sufficient for each building pad shall be performed on soil within three feet of the finish grade of any land development intended or designed as a location for a building.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The engineering geologist's area of responsibility shall include, but not be limited to, professional inspection and approval of the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. The engineering geologist shall report his or her findings to the soil engineer for engineering analysis.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
The following inspections by the city shall be required of the items of work listed, at the stage or time indicated. The permittee shall notify the city engineer at least one working day ahead of the time the work will be ready.
A. 
Excavation and Fill.
1. 
Canyon cleanout: after all brush and unsuitable material have been removed and an acceptable base has been exposed, but before any fill is placed;
2. 
Toe bench and key: after the natural ground or bedrock is exposed and prepared to receive fill, but before fill is placed;
3. 
Over-excavation: after the area has been excavated but before fill is placed;
4. 
Excavation: after the excavation is started, but before the vertical depth of the excavation;
5. 
Fill: after the fill has started, but before the vertical height of the fill exceeds ten feet and every ten-foot interval thereafter.
B. 
Concrete or Gunite Drainage Devices.
1. 
Cross gutter:
a. 
Subgrade: after the subgrade is prepared and required reinforcement placed,
b. 
Concrete during concrete placement;
2. 
Curb and gutter (private property):
a. 
Subgrade: after subgrade is made, forms in place, with required reinforcement,
b. 
Concrete: during concrete placement;
3. 
Terrace drains, down drains, brow ditches and all over-paved drainage devices:
a. 
Subgrade: after grade is made but prior to placement of welded wire mesh or reinforcing steel,
b. 
Reinforcement: after thickness control wire and reinforcing steel or welded wire are in place,
c. 
Concrete: during concrete or gunite placement.
C. 
Drainage Devices other than Concrete or Gunite.
1. 
Subdrains:
a. 
After excavation but prior to placement of filter material and pipe. The subdrain pipe and filter material shall be on-site for inspection,
b. 
After filter material and subdrain have been placed but prior to covering with backfill;
2. 
Storm drains and inlets:
a. 
After placement of storm drains, but prior to covering with backfill,
b. 
After placement of inlet forms but prior to pouring concrete;
3. 
Earth swales: prior to rough grading approval.
D. 
Rough Grading. An inspection will be made when all rough grading has been completed. This inspection may be called for at the completion of rough grading after the city engineer has reviewed and approved the required reports and the civil engineer has submitted the written report required by Section 18.08.830(A)(1)(c) indicating substantial conformance to line and grade.
A building permit will not be issued until rough grading has been approved and receipt of the final soils report required by Section 18.08.830(A)(2)(a) and the report required by Section 18.08.830(A)(2)(d).
E. 
Irrigation.
1. 
Pipe Lines and Control Valves. During installation of main and lateral lines, inspections shall be made to assure continuous support of all pipe, properly assembled fittings and valve installation, as well as proper backfill procedures.
2. 
Coverage Test. When the irrigation system is completed, a coverage test shall be performed in the presence of the city engineer or appointed inspector.
F. 
Planting.
1. 
General Soil Preparation. After the finish grade has been established and appropriate drainage is accomplished, incorporation of amendments shall be inspected. Amendment material shall be approved prior to import. Material invoices and/or licensed weighmaster's certificates may be required.
2. 
Plant Pit Preparation. During the preparation of all plant pits, inspections shall confirm standard procedures are followed to maximize the promotion of healthy root development. Material invoices may be required.
3. 
Staking and/or Guying Procedures. Upon completion of planting, all nursery stakes directed to be removed, and proper staking and/or guying practices shall be accomplished. Inspection of procedures will confirm compliance.
G. 
Erosion Control Measures.
1. 
After excavation of desilting basins but prior to fill placement, prefabricated devices are to be available on-site for inspection;
2. 
After fill placement for desilting basins but prior to placement of concrete or other non-erosive materials;
3. 
After completion of an erosion control system in accordance with an approved erosion control plan and the requirements of the city engineer.
H. 
Final Inspection. A final inspection by the city shall be made when all work including installation of all drainage structures, irrigation, slope planting and other protective devices, has been completed and all written professional approvals, certifications and the required reports and as-graded drawings have been submitted.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
If, in the course of fulfilling responsibility under this chapter, the city engineer, the soil engineer, the engineering geologist, or the testing agency finds that the land development work is not being performed in accordance with approved plans, specifications or this chapter, the discrepancies shall be reported immediately in writing to the grading contractor, the property owner, and the city engineer. Recommendations for corrective measures shall be submitted for approval by the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Whenever the city engineer determines that any work does not comply with the terms of a permit, or this chapter, or that the soil or other conditions are not as stated on the permit, or that work is being improperly, or in a hazardous manner, he or she may order the work stopped by notice in writing served on any persons engaged in doing or causing of such work to be done, and any such persons shall forthwith stop such work until authorized by the city engineer to proceed with the work. See also Section 18.08.600 of this chapter for related provisions.
B. 
Whenever any work on which city inspections are required is covered or concealed by additional work without first having been inspected, the city engineer may require, by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the city.
C. 
If the city engineer finds the soil or other conditions not as stated in the approved plans and geotechnical reports or in additional information which was required for issuance of the grading permit, he or she may issue a stop work order until approval is obtained for a revised grading plan which will conform to the conditions existing at the site.
D. 
Work may be resumed and the stop order shall be rescinded upon the city engineer's determination that conditions have changed, corrections have been made, or the cause or actions which required a stop order have been acceptably remedied or alleviated to his or her satisfaction.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Final Reports. Upon completion of the rough grading work or at the final completion of the land development work under the grading permit, but prior to approval of the grading securities or issuance of a notice of completion or certificate of use and occupancy:
1. 
The responsible civil engineer shall submit to the city engineer:
a. 
A certification letter stating that the grading was done per the approved plan or an as-graded version of the grading plan (as-graded drawings) prepared, signed and dated by the responsible civil engineer which shall include original and "as-graded" ground surface elevations, pad elevations, slope ratios, and elevations and locations of all surface and subsurface drainage facilities, location and scaled sections of all buttress/stabilization and fills, subdrains and general location and depth of all areas of removal of unsuitable soil.
b. 
The as-graded drawings submitted by civil engineer shall include the landscape and irrigation sheets of grading plan showing the as-built landscape and irrigation works. The civil engineer shall work directly with the landscape architect to complete these as-built drawings.
c. 
Prior to issuance of a building permit, a written statement (rough grading report) signed by the civil engineer reporting that the site is rough graded in conformance with the approved grading plan, as modified or amended by any construction changes approved by the city engineer, and which specifically states the following items were performed under his or her supervision, and are shown correctly on the as-graded drawings:
i. 
Staking of line and grade for all engineered drainage devices and retaining walls (rough and final grading);
ii. 
Staking of property corners for proper building and slope location (rough grading);
iii. 
Location of permanent walls or structure on property corners or property lines;
iv. 
Location and slope ratio of all manufactured slopes;
v. 
Construction of earthen berms and positive building pad drainage.
2. 
The soil engineer shall submit to the city engineer:
a. 
A final soils engineering report prepared by the soil engineer, including type of field testing performed, compaction reports, suitability of utility trench and retaining wall backfill, summaries of field and laboratory tests and other substantiating data, and comments on any changes made during grading and their effect on the recommendations made in the preliminary soils engineering report. Each field density test shall be identified, located on a plan or map, the elevation of the test, and the test method of obtaining the in-place density described; either ASTM D1556-78 or the approved equal shall be so noted; daily reports from the soils tech should be included;
b. 
Written approval as to the adequacy of the site for the intended use as affected by geologic factors, a statement of compliance to finish slope heights and gradients, and when required by the city engineer, shall submit an as-graded geologic map;
c. 
The utility line backfill report required by Section 18.08.610(J);
d. 
A final geological report or certification by a certified engineering geologist indicating that all geologic problems identified in the engineering geological report have been addressed.
B. 
Notification of Completion and Certificate of Completion. The permit holder or agent shall notify the city engineer when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, required irrigation system installed protective devices, required planting, and all erosion control measures have been completed in accordance with the final approved grading plan and the as-graded drawings, required reports and statements of compliance consistent with this section and Chapter 18.44 have been submitted.
(Ord. 371 § 1, 2008; Ord. 387 § 3, 2010; Ord. 428 § 1, 2015)
Any person, firm or corporation violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for every day during any portion of which any violations of any provisions of this chapter are permitted, continued or committed by such person, firm or corporation and shall be punishable therefor as provided in Chapter 1.12 of this code.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Notwithstanding the provisions of this chapter, any grading done contrary to the provisions of the chapter is also a public nuisance. Upon order of the city council, the city attorney is authorized to commence necessary proceedings provided by local or state law to abate, remove and/or enjoin such public nuisance. Any grading done without graders first having obtained a grading permit thereof, regardless of whether such failure is due to neglect or refusal, shall be prima facie evidence that a public nuisance has been committed. To implement this section, the city attorney may proceed as in a civil or criminal penalty procedure. The civil remedy may be before a court within the local jurisdiction of the city or may be an adjudicatory hearing before the city council.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
Notwithstanding the provisions of Sections 18.08.830 and 18.08.840, any grading done contrary to the provisions of this chapter shall result in denying issuance of any further permits involving development and use of the property up to a maximum of three years. In addition, depending on the time required to resolve the grading violation, the city may record with the court recorder, notice of grading violation and denial of issuance of any further permits.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
For all public watercourses, the applicant shall grant or cause to be granted to the city, at the city engineer's discretion, a drainage easement (riparian buffers and corridors) in accordance with the requirements of the city engineer prior to the issuance of a grading permit, or prior to the approval of a grading plan.
B. 
For all private watercourses, including brow ditches, where the continuous functioning of the drainage way is essential to the protection and use of multiple properties, a covenant, a maintenance agreement and/or deed restriction shall be recorded by the applicant, placing the responsibility for the maintenance of the drainage way(s) on the property owners of record of each respective lot affected. Permanent off-site drainage or flowage easements, as required by the city engineer, shall be acquired by the applicant. Such easements shall be subject to approval by the city engineer and recorded prior to approval of the grading plan, or issuance of a grading permit.
C. 
No man-made dams, ponds, diversions, flow decelerators or excessive vegetation shall be placed, allowed to be placed, or allowed to grow within the property subject to an approved grading plan, or a grading permit, without suitable provisions, as approved by the city engineer, for maintenance. Erosion or siltation as a result of these features shall be the sole responsibility of the property owner.
D. 
The permittee has the right to the proper discharge of natural drainage, within the provisions of this chapter, into natural drainage courses. The quantity of peak runoff shall be limited to the quantity of peak runoff of predevelopment conditions. This includes the right to discharge, within natural basins, runoff due to decrease of permeability of the property from grading operations, landscaping, and the construction of improvements and to discharge a reasonable silt load in this runoff comparable to the historic, predevelopment condition.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
The face of all cut and fill slopes, in excess of three feet in vertical height, but only final slopes of any borrow pit, shall be planted and maintained with a ground cover or other planting to protect the slopes against erosion and instability. Planting shall commence as soon as slopes are completed on any portion of the site and shall be established upon all slopes prior to the final approval of the grading. In order to minimize the period during which a cut or filled surface remains exposed, such planting shall provide for rapid short-term coverage of the slope as well as long-term permanent coverage. Planting materials and procedures shall conform to regulations adopted by the city engineer. Other plant materials as specified by a landscape architect may be approved by the city engineer. The permittee shall maintain such planting until it is well established as determined by the city engineer.
B. 
Minimum Requirements. In addition to planting with ground cover, slopes in excess of fifteen feet in vertical height shall be planted with shrubs in two and one-quarter-inch pots or trees having a one-gallon minimum size at ten feet on center in both directions on the slope. The plant and planting pattern, but not the quantity, may be varied upon the recommendation of landscape architect and approval by the city engineer.
C. 
Where cut slopes are not subject to erosion due to their rocky character or where the slopes are protected with pneumatically applied concrete mortar or otherwise treated to protect against erosion and instability to the satisfaction of the city engineer, the requirement of this section may be waived by the city engineer.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Dischargers required to comply with the state construction general stormwater permit shall maintain on site and make available for inspection on request by the city any state-issued waste discharge identification number ("WDID") for the site, and a copy of the notice of intent ("NOI") filed with the State Water Resources Control Board pursuant to that permit.
B. 
Dischargers required to prepare a SWPPP under the state general construction storm water permit must prepare the SWPPP, implement the SWPPP and maintain it at the site, readily available for review. Failure to comply with an applicable state-required SWPPP is a violation of this chapter.
C. 
Dischargers required to conduct monitoring under the state construction general storm water permit must conduct such monitoring in conformance with requirements specified by the state, retain records of such monitoring on site, and make such records available for inspection by an authorized enforcement official or authorized enforcement staff.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)
A. 
Administrative Penalties. Administrative penalties may be imposed pursuant to the Lemon Grove Municipal Code. Any later-enacted administrative penalty provision in the code shall also be applicable to violations of this chapter, unless otherwise provided therein.
B. 
Misdemeanor Penalties. Non-compliance with any part of this chapter may be charged as a misdemeanor and may be enforced and punished as prescribed in the Penal Code and Government Code of the state of California, and the Lemon Grove Municipal Code.
C. 
Penalties for Infractions. Any violation of this chapter may be charged as an infraction at the discretion of the prosecutor. Infractions may be abated as a nuisance or enforced and punished as prescribed in this code, Penal Code and Government Code of the state of California.
D. 
For Civil Actions. In addition to other penalties and remedies permitted in this chapter, a violation of this chapter may result in the filing of a civil action by the city. Except where a maximum monetary amount is specified, the following may also be awarded without monetary limitations in any civil action:
1. 
Injunctive relief;
2. 
Costs to investigate, inspect, monitor, survey, or litigate;
3. 
Costs to place or remove soils or erosion control materials, costs to correct any violation, and costs to restore environmental damage or to end any other adverse effects of a violation;
4. 
Compensatory damages for losses to the city or any other plaintiff caused by violations; and/or restitution to third parties for losses caused by violations;
5. 
Civil penalties;
6. 
Reasonable attorney fees; and
7. 
Fines assessed against the city by the RWQCB.
As part of a civil action filed by the city to enforce provisions of this chapter, a court may assess a maximum civil penalty in accordance with the general penalty clause as set forth in Section 1.12.010 of this code, or any other penalty adopted by the city, but in any case to be assessed per violation of this chapter for each day during which any violation of any provision of this chapter is committed, continued, permitted or maintained by such person(s).
In determining the amount of any civil liability to be imposed pursuant to this chapter, the court shall take into consideration the nature, circumstances, extent, and gravity of the violation or violations, whether any discharge caused the violation is susceptible to cleanup or abatement, and, with respect to the violator, the ability to pay, the effect on ability to continue in business, any voluntary cleanup efforts undertaken, any prior history of violations, the degree of culpability, economic savings, if any resulting from the violation, and such other matters as justice may require.
E. 
Penalties and Remedies Not Exclusive. Penalties and remedies under this section may be cumulative and in addition to other administrative, civil or criminal remedies.
(Ord. 371 § 1, 2008; Ord. 428 § 1, 2015)