This chapter shall be known as and may be cited as the city grading and excavation code. “Code” as referred to in this chapter, unless the context clearly indicates otherwise shall mean the city grading and excavation code.
(Ord. 48, 1990)
A.
The city engineer shall formulate such rules, procedures and interpretations as may be necessary or convenient to administer this chapter. Such rules, procedures and interpretations shall be referred to as the “grading manual” and any amendments to it shall be approved by resolution of the city council.
B.
In the event of any conflict between the grading manual and this code, the provisions of this code shall govern. The provisions of the grading manual shall, to the extent that they are made conditions of any permit by the city engineer and/or building official, be binding on the permittee.
(Ord. 48, 1990)
It is the intent of this code to safeguard life, limb, property and the public welfare by regulating grading on private property in the incorporated areas of the city.
(Ord. 48, 1990)
This code sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the Uniform Building Code then in effect as adopted and modified by city ordinance.
(Ord. 48, 1990)
As used in this chapter:
means a written engineering or geological opinion by the responsible engineer or geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the city engineer and/or building official.
means the current grading plans which bear the stamp of approval of the city engineer and/or building official.
means a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this code, the grading manual, or as determined by the city engineer and/or building official. This determination may be appealed to the city council.
is earth material acquired from an off-site location for use in grading on a site.
means the building official for the city of Yucaipa.
means the city engineer for the city of Yucaipa.
means either the city engineer or building official issuing the building permit.
means a professional engineer registered in the state of California to practice in the field of engineering.
means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design and construction of civil works for the beneficial uses of mankind.
means the removal of vegetation (grass, brush, trees and similar plan types) by mechanical means.
is a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.
is the densification of a fill by mechanical means.
means a geologist certified in the state of California to practice 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.
is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
is a combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters from an abnormal deposition of sediment or dust.
is the mechanical removal of earth material.
is a deposit of earth material placed by artificial means.
means the vertical location of the ground surface.
“Natural grade”
is the ground surface unaltered by artificial means.
“Existing grade”
is the ground surface prior to grading.
“Rough grade”
is the stage at which the grade approximately conforms to the approved plan.
“Finish grade”
is the final grade of the site which conforms to the approved plan.
is any excavating or filling or combination thereof.
is a contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.
is an official document or certificate issued by the city authorizing grading activity as specified by approved plans and specifications.
is a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or grater than five feet in vertical height; or where the existing grade is twenty percent or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property.
means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing.
is any person, agency, firm or corporation having a legal or equitable interest in a given real property.
is a permit that is issued on the basis of approved plans which show the precise structure location, finish elevations, and all on-site improvements.
is a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the city.
unless indicated otherwise, or as reasonably appears from the context, in this code to the civil engineer, the soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading plan, and which professional person appears of record pursuant to Sections 15.12.140 through 15.12.190 or his successor appearing pursuant to said sections.
is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
is naturally occurring surficial deposits overlying bedrock.
is a civil engineer duly registered in the state of California whose field of expertise is soil mechanics.
means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
is an inspector duly licensed by the city to perform inspection of asphalt concrete placement and related construction work or other grading related work approved by the city official.
(Ord. 48, 1990)
No person shall conduct any grading, clearing, brushing or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the city. Exceptions to this requirement are as follows or as otherwise determined by the city:
A.
An excavation below finished grade for basements and footings of a building, mobilehome, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the city, stability or flooding considerations warrant such inspection;
B.
Cemetery graves;
C.
Refuse disposal sites controlled by other regulations;
D.
Earthwork construction regulated by the federal, state, county or city governments, or by any local agency as defined by Government Code Sections 53090 through 53095 (special districts), pipeline or conduit excavation and backfill conducted by local agencies or public utilities and earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies;
E.
Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or road;
F.
Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property;
G.
Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety;
H.
An excavation which does not exceed fifty (50) cubic yards on any one site and which: (1) is less than two feet in vertical depth, or (2) which does not create a cut slope greater then five feet in vertical height and steeper than one and one-half horizontal to one vertical (1 1/2:1);
I.
A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course.
(Ord. 48, 1990)
No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multiresidential parking lot or travelway without a valid grading permit unless waived by the city official or a separate improvement plan for such paving is approved and signed by an authorized city official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.
(Ord. 48, 1990)
No person shall alter an existing watercourse, channel or revetment by excavating, or placing fill, rock protection or structural improvements without a valid grading permit unless waived by the city or performed as interim protection under emergency flood fighting conditions.
(Ord. 48, 1990)
No person shall possess, store, sell, transport or use explosives and blasting agents to do any excavation without a permit from county of San Bernardino, forestry and fire warden department.
(Ord. 48, 1990)
A.
Either a preliminary grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with Subarticle 5 of the grading manual and approval by the city engineer and/or building official. The preliminary or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of Subarticle 5 of the grading manual.
(Ord. 48, 1990)
A.
The provisions of Section 202, Powers and Duties of the City Official and Building Official, of the Uniform Building Code shall apply to grading construction work.
B.
Stop orders. Whenever any building or grading work is being done contrary to the provisions of this code or the grading permit, the city official and building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing 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.
(Ord. 48, 1990)
A.
Hazardous conditions exist when the state of any natural ground, natural slope, excavation, fill or drainage device, which exist on private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures or public facilities.
B.
The city engineer may examine or cause to be examined every condition reported as hazardous as set forth in subsection A of this section.
C.
Notice of hazardous condition. In any case where a hazardous condition is found by the city official, he shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives permittee control of the property issued pursuant to this code hereinafter referred to as “owner,” of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues as he desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.
D.
Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the city official or his designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct the hazard.
Exception: Where city property or facilities are endangered by the hazardous condition found by the city official, at the request of the owner, the hearing may be held before a member of the grading board of appeals selected by the chairman of the board. The city official may appeal such hearing officer’s order as set forth in this section. Such hearing officer may not consider an appeal of the case as a member of the city council.
E.
Order, finality and appeal. If the hearing officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.
1.
Finality of order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner.
2.
Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the hearing officer to the grading board of appeals of the city. The board shall fix a time and place and hold a hearing, consider the evidence and make a determination as set forth in Section 15.12.130 of this code. The order of the grading board of appeals shall be immediately final.
F.
Completion of work. The owner shall, following the finality of the determination and order of the hearing officer, or if appealed, the determination and order of the grading board of appeals, commence the corrective action ordered or preparation of reports and such work or submissions shall be completed within the specified time.
G.
Failure to complete. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or grading board of appeals within the specified time, the city engineer or building official may: (1) cause the work to be performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work subsequent future hazards may occur which could result in an order to vacate the premises or to withhold the permit to use or occupy such properties. Nothing in this subsection shall be construed to limit the type of remedy or relief which the city engineer or building official may have under any other provisions of law.
H.
Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection G of this section, shall be charged to the owner. The city engineer or building official may apply to the city council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.
I.
Vacation of property. If necessary, the notice and order in subsection C or E of this section shall include the requirement that the property, or portion thereof or sites thereto adjacent to be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.
The city engineer or building inspector shall cause the property to be posted at conspicuous locations with a notice containing at least the following:
UNSAFE TO OCCUPY DO NOT ENTER Building Official, City Engineer, City of Yucaipa Date Posted ____________ |
The posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or city official where additional information may be obtained.
Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the city official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.
J.
Service of notices. The notices and order required by subsections C and E of this section may be served either:
1.
By mailing a copy by certified mail, return receipt requested, to the owner’s address as designated on papers, applications, or permits on file with the city official; or
2.
By personally delivering a copy to the owner’s address as designated on papers, applications or permits on file with the city official; or
3.
If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or
4.
If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge if any; and also sending a copy by certified mail, return receipt requested addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both.
(Ord. 48, 1990)
A.
A board of appeals is created. The board shall consist of five regular members appointed by the city council and shall function in accordance with Subarticle 4 of the grading manual.
B.
The board shall have the power, upon an appeal by the owner, agent in control or permittee under permit issued pursuant to this code, to reverse, modify or otherwise alter the determinations and order of the city official made pursuant to the procedures authorized in Section 15.12.120, of this code, under such rules and regulations as the board may, from time to time, adopt. The city official shall not participate in the decision of the board in such cases.
C.
The board’s decision on an appeal shall be furnished in writing to the appellant and to the city official, and all such decisions shall be final immediately.
(Ord. 48, 1990)
Except as exempted in Section 15.12.060 of this code, no person shall conduct any grading or clearing, brushing or grubbing on natural grade or existing grade that is preparatory to grading, without first obtaining a grading permit from the city official. A separate permit shall be required for each site and may cover both excavations and fills.
(Ord. 48, 1990)
A.
To obtain a grading permit, the applicant must first file an application in writing on a form furnished by the city official. The permit application shall be accompanied by information required by the city official and as specified in Subarticle 5 of the grading manual.
B.
Applications for which no permit is issued within one hundred eighty (180) days following the date of application shall expire by limitation and plans submitted for checking may thereafter be returned to the applicant or destroyed by the city official. The city official may extend the time for action by the applicant for a period not exceeding one hundred eighty (180) days upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken. In order to renew action for an application after expiration, the applicant shall resubmit plans and pay a new plan check fee.
(Ord. 48, 1990)
A.
Each application for a grading permit shall be accompanied by plans and specifications, and supporting data consisting of soil engineering and engineering geology reports when required by the city official, as specified in Section 15.12.180 of this code.
B.
Plans and specifications for earthwork projects of five hundred (500) cubic yards or more, and/or subdivisions and hillside commercial, industrial and multiresidential projects shall be prepared and signed by a civil engineer, unless otherwise approved by the city official. This requirement may be extended to any project when, in the opinion of the city official, critical drainage or geologic factors may be involved and there is need for civil engineering design and control.
(Ord. 48, 1990)
Grading plans and specifications shall be prepared in accordance with the grading requirements of Section 15.12.380(A), of this code and Subarticle 5 of the grading manual.
(Ord. 48, 1990)
A soil engineering and engineering geology report shall be required for grading projects, unless otherwise waived by the city official. The reports shall include information appropriate for the site including any information required by the city official. Recommendations included in the reports and approved by the city official shall be incorporated in the grading plans or specifications.
(Ord. 48, 1990)
A.
Every permit issued shall be valid for a period of two years from the date of issuance.
B.
Every permit issued shall expire by limitation and become null and void if the work authorized by such permit is not commenced within one hundred eighty (180) days from the date of such permit or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of one hundred eighty (180) days.
C.
The time limitations and provisions of Section 303, Permits Issuance, of the Uniform Building Code as amended are applicable to grading permits, except as stated in subdivisions (1) and (2) below:
1.
A permit issued hereunder shall expire upon a change of ownership if the grading work thereon, for which the permit was issued, has not been completed, and a new permit shall be required for the completion of the work. If the time limitations of subsections A and B of this section are not applicable and if no changes have been made to the plans and specifications last submitted to the city official, no charge shall be made for the issuance of the new permit under such circumstances. If, however, changes have been made to the plans and specifications last submitted to the city official, fees based on the valuation of the additional work, additional yardage and necessary plan checking as provided for in Subarticle 6 of the grading manual shall be charged to the permit applicant.
2.
The city official may extend the one hundred eighty (180) day expiration time limit on permits not to exceed two successive periods of one hundred eighty (180) days each upon written request by the applicant showing that circumstances beyond the control of the applicant have prevented action from being taken.
D.
The city official may require that grading operations and project designs be modified if delays occur which incur weather-related problems not considered at the time the permit was issued, and further subject to the provisions of Section 15.12.200 of this code.
E.
If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specified in subsection B of this section, the city official, upon receiving a written request, may grant an extension of time as specified in subsection C.2 of this section without additional fees, provided that:
1.
No changes have been made in the original plans and specifications for such work;
2.
Suspension or abandonment has not exceeded one year;
3.
A re-endorsement of the compliance of the plans with the applicable regulations by the engineering and building department for the city, shall be obtained.
Such request for extensions must be submitted no later than the sixtieth day following the date on which the permit would otherwise expire. If the permittee fails to request an extension within the time provided, the city official may renew the grading permit for a fee of one-half the amount required for the original permit, provided no changes have been made in the original plans and specifications for such work.
F.
If the permittee is unable to complete the work by the end of a two-year period, the city official may renew the grading permit on an annual basis for a fee of one-half the amount required for the original permit for such work, provided no changes have been made in the original plans and specifications for such work.
(Ord. 48, 1990)
A.
The city official shall not issue a permit in any case where he finds that the work as proposed by the applicant is liable to constitute a hazard to property or result in the deposition of debris on any public way or interfere with any existing drainage course. If it can be shown to the satisfaction of the city official that the hazard can be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices or by other means, the city official may issue the permit with the condition that such work be performed.
B.
If, in the opinion of the city official, the land area for which grading is proposed is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied.
C.
The city official may require plans and specifications to be modified in order to mitigate anticipated adverse environmental effects of proposed grading projects. He may, under circumstances where the significant adverse environmental effects of a proposed grading project cannot be mitigated, deny the issuance of a grading permit.
D.
The city official may require plans and specifications to be modified in order to make them consistent with the city general plan, specific plans, zoning code or other rules, regulations or conditions applicable to the project. He may deny the grading permit if the proposed project cannot be designated in accordance with these rules, regulations or conditions.
(Ord. 48, 1990)
Grading and equipment operations within one-half mile of a structure for human occupancy shall not be conducted between the hours of eight p.m. and seven a.m. or on Sundays and federal holidays. The city official may, however, permit grading or equipment operations during specific hours after eight p.m. or before seven a.m. or on Sundays and federal holidays if he determines that such operations are not detrimental to the health, safety, or welfare of the inhabitants of such a structure. Permitted hours of operation may be shortened by the city or the building official’s finding of a previously unforeseen effect on the health, safety or welfare of the surrounding community.
(Ord. 48, 1990)
It shall be the responsibility of the permittee to be knowledgeable of the conditions and/or restrictions of the grading permit as outlined in the applicable sections of this code, the grading manual, and as contained on the approved grading plans and in the approved soil and geology reports. The permittee shall also be responsible to maintain in an obvious and accessible location on the site, a copy of the grading plans bearing the stamp of approval by the city engineer or official.
(Ord. 48, 1990)
Each adjacent owner is entitled to the lateral and subjacent support which his land receives from the adjoining land, subject to the right of the owner of the adjoining land to make proper and usual excavations on the same for purposes of construction or improvement as provided by law, Section 832 of the California Civil Code is contained in Appendix G of the grading manual.
(Ord. 48, 1990)
Where an excess of one thousand (1,000) cubic yards of earth per project site is moved on public roadways from or to the site of an earth grading operation, all the following requirements shall apply:
A.
Either water or dust palliative or both must be applied for the alleviation or prevention of excessive dust resulting from the loading or transportation of earth from or to the project site on public roadways. The permittee shall be responsible for maintaining public rights-of-way used for handling purposes in a condition free of dust, earth, or debris attributed to the grading operation.
B.
Loading and transportation of earth from or to the site must be accomplished within the limitations established in Section 15.12.210 of this grading code.
C.
Access roads to the premises shall be only at points designated on the approved grading plan.
D.
The last fifty (50) feet of the access road, as it approaches the intersection with the public roadway, shall have a grade not to exceed three percent. There must be three hundred (300) feet clear, unobstructed sight distance to the intersection from both the public roadway and the access road. If the three hundred (300) feet sight distance cannot be obtained, flagmen shall be posted.
E.
A stop sign conforming to the requirements of the California Vehicle Code shall be posted at the entrance of the access road to the public roadway.
F.
An advance warning sign must be posted on the public roadway four hundred (400) feet on either side of the access intersection, carrying the words “truck crossing.” The sign shall be diamond shape, each side being thirty (30) inches in length, shall have a yellow background, and the letters thereon shall be five inches in height. The sign shall be placed six feet from the edge of the pavement and the base of the sign shall be five feet above the pavement level. The advance warning sign shall be covered or removed when the access intersection is not in use.
(Ord. 48, 1990)
Before accepting a grading permit application and plans and specifications for checking, the city official shall collect a plan checking fee as approved by resolution of the city council and as provided in Subarticle 6 of the grading manual.
(Ord. 48, 1990)
A.
A fee for each grading permit shall be paid to the city official prior to issuance of a grading permit as approved by resolution of the city council and as provided in Subarticle 6 of the grading manual.
B.
Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this code, except when it can be proven to the satisfaction of the city official that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this code nor from any other penalties prescribed herein.
C.
Additional fees approved by resolution of the city council and contained in Subarticle 6 of the grading manual shall be paid as required to the city official.
(Ord. 48, 1990)
If the city official performs emergency work on private property, he shall charge the property owner all direct and indirect costs which are necessary to complete the work to his satisfaction. In addition, the building official may charge a mobilization cost equal to ten percent of the cost for performing the work.
(Ord. 48, 1990)
A.
Bonds required. A grading permit shall not be issued unless the permittee shall first post with the city official a bond executed by the owner and a corporate surety authorized to do business in the state of California as a surety in an amount specified in Subarticle 7 of the grading manual. The bond is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions. This requirement may be waived at the discretion of the city official if he determines that:
1.
No hazardous situation is likely to occur as a result of incomplete or improper grading; or
2.
No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; or
3.
No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading; or
4.
No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or
5.
No conditions of the permit warrant a financial guarantee to assure their satisfactory completion.
B.
Extended on continuing securities. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the city official.
C.
Additional bonding. An additional cash bond in an amount determined by the city official may be required to ensure the completion of finish grading under the permit as a condition of occupancy and energizing utilities. A bond in an amount determined by the city official may be required for permits involving temporary earthen stockpiles to ensure their timely removal.
D.
Failure to complete work. In the event of failure to comply with all of the conditions and terms of the permit, the city official may order the work authorized by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such work to be done. In the case of a cash deposit, said deposit or any unused portion thereof, shall be refunded to the permittee.
E.
Default in performance of conditions. Whenever the city official finds or determines that a default has occurred in the performance of any requirement of a condition of a permit, written notice thereof shall be given to the principal and when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city official to be reasonably necessary for the completion.
After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay over to the city official the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the official may cause the required work to be performed and completed. The surety shall pay the city official actual costs in excess of the estimate amount plus a mobilization charge specified in Section 15.12.270 of this code.
(Ord. 48, 1990)
Cut slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the city official. The slope of cut surfaces shall be no steeper than is safe for the intended use.
(Ord. 48, 1990)
A.
Unless otherwise approved by the city official and recommended in the approved soil engineering report, fills shall conform to Subarticle 9 of the grading manual. The provisions therein may be waived, for minor fills not intended to support structures, upon written request by the applicant on a form prescribed by the city official.
B.
The city official may require that the soil tests or testing be performed by an approved testing laboratory.
C.
Fill slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the soil engineering or engineering geology report and approved by the city official. The slope of fill surfaces shall be no steeper than is safe for the intended use.
(Ord. 48, 1990)
The setbacks and other restrictions specified by Subarticle 10 of the grading manual are minimum and may be increased by the city official or by the recommendation of a civil engineer, soil engineer or engineering geologist, if necessary for safety and stability or to prevent damage to structures or adjacent properties from sediment deposition, erosion, water runoff of the slopes or to provide access for slope and drainage structure maintenance. The minimum setback may be reduced only in special circumstances where stability is proven to the satisfaction of the city official by the soil engineer or engineering geologist and other factors are of primary importance.
(Ord. 48, 1990)
Drainage facilities and terracing shall conform to the provisions of Subarticle 11 of the grading manual unless otherwise approved by the city official and delineated on the approved grading plan.
(Ord. 48, 1990)
A.
Asphalt concrete pavement for surfacing of parking lots, private streets or other similar use shall conform to the provisions of Subarticle 12 of the grading manual unless otherwise approved by the city official.
B.
The site soil engineer or special inspector shall inspect the construction of asphalt paved areas and verify to the city official that the work has been performed in compliance with the provisions of this section.
(Ord. 48, 1990)
A.
The faces of cut and fill slopes and the project site shall be prepared and maintained to control against erosion in accordance with this section and Sections 15.12.350 and 15.12.360. Where cut slopes are not subject to erosion due to the erosion-resistant character of the materials, such protection may be omitted upon approval by the city official.
B.
Where necessary, temporary and/or permanent erosion control devices such as desilting basins, check dams, riprap or other devices or methods, as approved by the city official, shall be employed to control erosion and provide safety during the rainy season from October 15th to April 15th.
C.
No grading work in excess of two hundred (200) cubic yards will be allowed between October 15th and April 15th on any single grading site under permit unless an erosion control system has been approved or waived by the city official.
D.
Paved streets, sidewalks and other improvements shall be maintained in a neat and clean condition free of loose soil, construction debris and trash. Street sweeping or other equally effective means shall be used on a regular basis to prevent storm flows from carrying sediment and debris outside the project boundaries. Watering shall not be used to clean streets except for fine material not otherwise removed by sweeping or other mechanical means.
E.
The civil engineer or other qualified individual who prepared the grading plan and designed the erosion control devices shall be responsible for inspection and modification of the devices, as necessary, during the rainy season.
F.
Desilting facilities shall be provided at drainage outlets from the graded site.
G.
Desilting basins shall be designed to provide a minimum desilting capacity equal to the current city standards.
H.
Desilting basins shall be constructed around the perimeter of projects whenever feasible when it provides improved maintenance access from paved roads during wet weather.
I.
Desilting basins constructed of compacted earth shall be compacted to a relative compaction of ninety (90) percent of maximum density. A soil engineering report, prepared by the soil engineer, which includes the type of field testing performed, location and results of testing shall be submitted to the city official for approval upon completion of the desilting basins.
J.
Equipment and workers for emergency work shall be made available at all times during the rainy season. Necessary materials shall be available on-site and stockpiled at convenient locations to facilitate rapid construction of temporary devices when rain is imminent.
K.
Erosion protection shall consist of effective planting of all slopes in excess of five feet high unless otherwise approved by the city official. Slopes exceeding fifteen (15) feet high may require an adequate sprinkler system, as determined by the city official. Protection for the slopes shall be installed as soon as practicable which may be prior to rough grade approval. Effective planting shall be installed, fully germinated and effectively cover the required slopes prior to final approval unless otherwise approved by the city official.
L.
The erosion control provisions shall take into account drainage patterns during the current and future phases of grading throughout the rainy season.
M.
All removable protective devices shown shall be in place at the end of each working day when the five-day rain probability forecast exceeds forty (40) percent.
N.
Graded areas around the tract perimeter must drain away from the face of slopes at the conclusion of each working day.
(Ord. 48, 1990)
Erosion control plans prepared in accordance with Subarticle 13 of the grading manual shall be submitted to the city official for approval by September 15th each year for projects under grading permit. The erosion control plan may be waived for grading projects on single residential lot projects providing that an erosion control system, meeting the approval of the city official, has been installed, placed, planted or constructed before October 15th.
(Ord. 48, 1990)
A.
After each rainstorm, silt and debris shall be removed from check berms and desilting basins and the basins pumped dry.
B.
After each rainstorm, the performance of the erosion control system shall be evaluated and revised and repaired as necessary.
C.
Devices shall not be moved or modified without the approval of the city official.
D.
The contractor shall be responsible and shall take necessary precautions to prevent public trespass onto areas where impounded water creates a hazardous condition.
E.
The contractor and permittee or project owner shall be responsible for continual maintenance of the devices during the rainy season. In the event of failure or refusal by the contractor, permittee or project owner to properly maintain the devices, the city official may cause emergency maintenance work to be done to protect adjacent private and public property. The cost shall be charged to the owner and shall include an initial mobilization cost plus the cost of doing the work as contained in Sections 15.12.250 through 15.12.270 of this code.
F.
In the event of failure by the property owner to install an approved erosion control system, the city official may cause emergency work to be performed to protect adjacent private and public property. When the city official is caused to take such emergency maintenance workings to be performed, he is empowered to revoke any standing grading permits. Such action to revoke a grading permit shall be performed in writing. Such permit shall not be renewed until an erosion control system, approved by the city official, shall be put into place. The procedure of Section 15.12.120 of this code need not apply for emergency erosion control work between October 15th and April 15th. The cost shall be charged to the owner in accordance with subsection E of this section.
(Ord. 48, 1990)
All grading operations for which a permit is required shall be subject to inspection by the city official.
(Ord. 48, 1990)
A.
It shall be the responsibility of the civil engineer, architect or other qualified individual who prepared the grading plan approved by the city official to incorporate all recommendations from the soil engineering and engineering geology reports into the grading plan. He shall also be responsible for the professional inspection and approval of the grading within his area of technical specialty. This responsibility shall include, but need not be limited to, inspection and approval as to the establishment of line, grade and drainage of the development area. The project civil engineer and/or general contractor shall act as the coordinating agent in the event the need arises for liaison between the project professional grading contractor, and the city official, the civil engineer or other qualified person who prepares and signs the grading control plans, and the submission of as-graded grading plans when required by the city official upon completion of the work.
B.
Soil engineering and engineering geology reports shall be required as specified in Section 15.12.180 of this code. During grading, all necessary reports, compaction data, soil engineering and engineering geology recommendations shall be submitted to the owner by the soil engineer and engineering geologist. The owner shall submit copies of the report to the civil engineer and two copies of all reports to the city official.
C.
The soil engineer’s area of responsibility shall include, but need 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, subdrain installation and incorporation of data supplied by the engineering geologist.
D.
The engineering geologist’s area of responsibility shall include, but need not be limited to, professional inspection and written approval of the adequacy of natural ground for receiving fills, the stability of cut slopes with respect to geological matters, and the need for subdrains or other groundwater drainage devices. He shall report his finding to the soil engineer and the civil engineer for engineering analysis.
E.
The city official may expeditiously inspect the project at the various stages of work requiring approval and at any more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
F.
When preliminary soil engineering reports are not required by the city official, he may require inspection and testing by an approved testing agency. The testing agency’s responsibility shall include, but need not be limited to, approval of cleared areas and benches to receive fill, and compaction of fills.
(Ord. 48, 1990)
If, in the course of fulfilling their responsibility under this code, the civil engineer, the soil engineer, the engineering geologist, or the testing agency finds that the work is not being done in conformance with the provisions of the approved specifications and grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and to the city official. Recommendations for corrective measures, if necessary, shall be submitted to the owner. The owner shall submit two copies of all recommendations and reports to the city official.
(Ord. 48, 1990)
If the civil engineer, the soil engineer, the engineering geologist, the testing agency, or the grading contractor of record are changed during the course of the work, the work shall be stopped unless: (1) the owner submits a letter of notification verifying the change of the responsible professional; and (2) the new responsible professional submits in writing that he has reviewed all prior reports and/or plans (specified by date and title) and work performed by the prior responsible professional and that he concurs with the findings, conclusions, and recommendations, and is satisfied with the work performed. He may modify or revise recommendations and/or specifications of work performed if accompanied by supporting data and approved by the city official. He must state that he assumes all responsibility within his purview as of a specified date. All exceptions must be justified to the satisfaction of the city official.
Exception: Where clearly indicated that the firm, not the individual engineer and/or geologist, is the contracting party, the designated engineer or geologist may be reassigned and another engineer and/or geologist within the firm may assume responsibility.
(Ord. 48, 1990)
A.
Prior to the approval of any building or grading plans and specifications, the city official may inspect the site to determine that the plans and specifications are current and reflect existing conditions.
B.
The permittee or his agent shall notify the city official when the grading operations specified in Subarticle 14 of the grading manual are ready for inspection.
C.
If the inspector finds the soil or other conditions not as stated in the approved plans and soil or geology reports or as in additional information which was required for issuance of the grading permit, he may, using reasonable judgment, refuse to allow further work until approval is obtained for a revised grading plan which will conform to the conditions.
D.
The provisions of Section 202(d), Stop Orders, of the Uniform Building Code shall apply to all grading work and whenever the city official determines that any work does not comply with the terms of a permit, or this code, or that the soil or other conditions are not stated on the permit, he 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 official to proceed with the work.
E.
Prior to the issuance of building permits for a graded site, the rough grading shall be completed in accordance with Subarticle 14 of the grading manual and to the satisfaction of the responsible civil engineer, or architect, engineering geologist, soil engineer, and the city official.
F.
Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the city official 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.
(Ord. 48, 1990)
The city official may establish special inspection requirements in accordance with Section 306, Special Inspections, of the Uniform Building Code, as amended for special cases involving grading or paving related operations, Special cases may apply to work where in the opinion of the city official it is necessary to supplement the resources or expertise available for inspection.
(Ord. 48, 1990)
Upon completion of the rough grading work and at the final completion of the work, the city official may require the written approvals, reports, drawings and supplements thereto specified in Subarticle 15 of the grading manual.
(Ord. 48, 1990)
The permittee or his agent shall notify the city official when the grading operation is ready for final inspection. All work including installation of all drainage facilities and their protective devices and all erosion control measures must be completed in accordance with the final approved grading plan and the required reports approved by the city official before final approval of the grading permit is given by the city official. He may approve the grading work prior to completion of all work in special cases of extreme hardship and if no hazard exists and an adequate bond is posted to assure completion of all remaining work.
(Ord. 48, 1990)
A.
It is unlawful for any person, firm or corporation to do grading in the city, or cause the same to be done, contrary to or in violation of any of the provisions of this code.
B.
The issuance of a building permit, performance of building permit inspections, or issuance, of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this code exist, including work performed not in accordance with approved plans, until such violation has been corrected to the satisfaction of the city official.
C.
Any person, firm or corporation violating any of the provisions of this code shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six months, or by both such fine and imprisonment.
(Ord. 48, 1990)