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HomeMy WebLinkAboutORD 294ORDINANCE NO. 294 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM DESERT, CALIFORNIA, AMENDING TITLE 27 GRADING, OF THE CITY MUNICIPAL CODE. WHEREAS, the City Council of the City of Palm Desert, California, did on the 25th day of March, 1982, review proposed revisions to the City Grading regulations; w« - WHEREAS, the revisions of said regulations are in the interest and furtherance of the public health, safety and general welfare of the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Palm Desert as follows: 1. That the above recitations are true and correct and constitute the consideration of the Council in this case. 2. That it does hereby approve an amendment to the Grading Ordinance as provided in the attached exhibit, labeled Exhibit "A", to amend Municipal Code. 3. The City Clerk is directed to publish this Ordinance once in the Palm Desert Post, a newspaper of general circulation, published and circulated in the City of Palm Desert, and shall certify to the passage of adoption of this Ordinance and the same shall be in full force and effect thirty (30) days after its adoption. PASSED, APPROVED and ADOPTED at a regular meeting of the Palm Desert City Council, held on this 8th day of April, 1982, by the following vote, to wit: AYES: Newbrander, Puluqi, Snyder & Wilson NOES: None ABSENT: McPherson ABSTAIN: None ATTEST: a n CITY OF PALM DESERT, LIFORNIA Ar i EXHIBIT "A" TITLE 27 - GRADING Chapters: 27.04 Purpose 27.08 Definitions 27.12 Requirements and Standards of Land Alteration 27.16 Subdivision Grading 27.20 Exemptions TN+ oS n�— 27.28 Administration 27.32 Fees 27.36 Appeals and Violation Chapter 27.04 PURPOSE Sections: 27.04.010 Purpose and Intent. 27.04.010 Purpose and Intent. The purpose of this title is to establish minimum requirements for grading, excavating and filling of land, to provide for the issuance of permits and for the enforcement of the requirements. These provisions are supplementary and additional to the subdivision and zoning regulations of this code and shall be read and construed as an integral part of the regulations and the land develpment patterns and controls estblished thereby. It is the intent of the city council to protect life and property; promote the general welfare; enhance and improve the physical environment of the community; and preserve„ subject to economic feasibility, the natural scenic character of the city. In administering these provisions, the following goals should be respected: _ A. Insuring that future development of lands, particularly in the hilly areas of the city, occurs in the manner most compatible with surrounding areas and so as to have the least adverse effect upon other persons or lands, or upon the general public; B. Insuring that soil will not be stripped and removed from lands in the more scenic parts of the city, leaving the same barren, unsightly, unproductive, and subject to erosion and the hazards of subsidence and faulty drainage; C. Encouraging the planning design and development of building sites in such fashion as to provide the maximum in safety with human enjoyment, while adapting development to and taking advantage of the best use of the natural terrain; D. Encouraging and directing special attention toward the retaining, insofar as practical, of the natural planting, the maximum number of existing trees, and the natural character of the hillside areas. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-1). Chapter 27.08 DEFINITIONS Sections: 27.08.010 Generally. 27.08.020 Appurtenant structures. 27.08.025 Bedrock 27.08.030 City. 27.08.040 City building official. 27.08.050 City engineer. 27.08.055 Civil Engineer 27.08.057 Code 27.08.060 Compaction. 27.08.070 Contractor. 27.08.080 Director. -1- 27.08.090 Embankment. 27.08.100 Excavation or cut. 27.08.110 Expansive soil. 27.08.120 Fill. 27.08.125 Geologist 27.08.130 Grade. 27.08.140 Grading. 27.08.150 Land alteration. 27.08.160 Natural slope. 27.08.170 Natural terrain. 27.08.180 Permittee. 27.08.190 Private contract. 27.08.200 Private engineer. 27.08.210 Property owner. 27.08.220 Public improvements. 27.08.230 Public rights -of -way. 27.08.240 Public property. 27.08.250 Soils engineer. 27.08.260 Slope. 27.08.270 Standard drawings and specifications. 27.08.280 Uncontrolled embankment. 27.08.010 Generally. The word and phrases set out in this chapter, when used in this title, shall be constructed as defined in this chapter. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.020 Appurtenant structures. .. "Appurtenant structures" means manmade structures related to and necessitated by the proposed grading, and includes, but is not limited to, paved drainage ditches, inlet structures, lined channels, culverts, outlet structures and retaining walls. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.025 Bedrock. Bedrock is the relatively solid, undisturbed rock in place either at the ground surface or beneath surficial deposits of gravel, sand, or soil. 27.08.030 City. "City" means the city council, or the building official acting directly or through authorized agents. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.040 City building official. "City building official' means the director of building and safety of the city. (Ord. 126 § 1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.050 City engineer. "City Engineer" means the city engineer -of the city or his designated representative. Tord. 126 § 1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.055 Civil Engineer shall mean a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the State of California. 27.08.057 Code shall mean Uniform Building Code. 27.08.060 Compaction. "Compaction" means the densification of a fill. (Ord. 126 § 1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.070 Contractor. "Contractor" means a contractor licensed by the State of California to do work covered by this title. A contractor may be authorized to act for a property owner in doing such work. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.09.080 Director. "Director" means the director of environmental services of the City. Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.090 Embankment. "Embankment" means a deposit of earth, sand, gravel, rock, or any other material which is deposited, placed, pushed, dumped, pulled, transported or moved to a new location by man. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.100 Excavation or cut. "Excavation" or "Cut" means any earth, sand, gravel, rock or any similar material which is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed by man, and the conditions resulting therefrom. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.110 Expansive Soil. "Expansive soil' means any soil which swells more than three percent when prepared and tested by an approved method. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). -2- 27.08.120 Fill. "Fill' means any act by man by which earth, sand, gravel, rock or any other similar material is deposited, placed, pushed, pulled or transported, and includes the conditions resulting therefrom. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.125 Geologist shall mean a person holding a valid certificate of registration as a geologist in the specialty of engineering geology issued by the State of California under provisions of the Geologist Act of the Business and Professions Code. 27.08.130 Grade. "Grade" means the elevation and cross sections established for the finished surface. All grades shall be based upon the official datum of the city. (Ord. x 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.140 Grading. "Grading" means any excavating or filling or combination thereof and shall include the land on its excavated or filled conditions. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.150 Land alteration. "Land alteration" means the making of excavations and embankments on private property and the construction of slopes, drainage structures, fences, and other facilities incidental thereto, where it is necessary to safeguard life, limb, health, property, and public welfare by regulating and controlling the design, construction and quality of materials. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.160 Natural slope. "Natural slope" means the predominant slope or slopes of land in its original condition prior to any grading. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.170 Natural terrain. "Natural terrain" means the original topography of a site prior to any grading. Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.180 Permittee. "Permittee" means any person to whom a permit is issued pursuant to this title. Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.190 Private contract. "Privat property . owner and a qualified contractor to 1976: Exhibit A §27.1-2 (part). contract" means an agreement between a do land alteration work. (Ord. 126 §1 (part), 27.08.200 Private engineer. "Private engineer" means a civil engineer who may be authorized to act for a property owner in doing work covered by this title. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.210 Property owner. "Property owner" means the owner of real property which will be benefited by the proposed land alteration work and who makes application to do such work. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.220 Public improvements. "Public improvements" means publicly owned construction, structures, or facilities in the public right-of-way designed for the public use, safety or general welfare. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.230 Public right-of-way. "Public right-of-way" means public easements or dedication for streets, alleys and/or other use. (Ord. 126 §1 (part), 1976: Exhibit A §27.1- 2 (part). 27.08.240 Public property. "Public property" means property owned in fee by the city, or dedicated for public use. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.250 Soils engineer. "Soils engineer" means a registered civil engineer who submits evidence to the satisfaction of the city engineer that: A. He is engaged in the practice of civil engineering and spends a majority of his time in the field of applied soil mechanics and foundations engineering. B. He has at least four years of responsible practical experience in the field of applied soil mechanics. C. He maintains an adequately equipped soils testing laboratory. D. He is qualified to make the investigations and determinations, render the reports and opinions and perform the duties of a soil engineer as required by this title. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). -3- 27.08.260 Slope. "Slope" is an inclined ground surface the inclination of which is expressed as a ratio of horizontal distance to vertical distance and exceeds a ratio of 5 to 1. 27.08.270 Standard drawings and specifications. "Standard drawings and specifications" means the latest version of such standards that have been adopted by the city as standards for use within the city. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). 27.08.280 Uncontrolled embankment. "Uncontrolled embankment" means any embankment constructed as land alteration on, which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted. (Ord. 126 §1 (part), 1976: Exhibit A §27.1-2 (part). Chapter 27.12 REQUIREMENTS AND STANDARDS OF LAND ALTERATION Sections: 27.12.010 Permit required. 27.12.015 Grading Permit Requirements. 27.12.019 Plans and Specification Exemptions 27.12.020 City facilities --Property owner's responsibility. 27.12.030 Special requirements for land alteration. 27.12.035 Fills 27.12.040 Slope Design 27.12.050 Embankment Compaction 27.12.055 Terrace and Drainage 27.12.057 Special Drainage Provisions 27.12.059 Drainage Devices 27.12.060 Hillside areas. 27.12.065 Erosion Control 27.12.067 Blowsand and Dust Control 27.12.070 Uncontrolled embankment permitted when. 27.12.080 Removal of expansive soil --Exception. 27.12.090 Design review. 27.12.100 Land alteration standards. 27.12.110 Work incidental to building or structure. 27.12.120 Alteration affecting public improvements. 27.12.130 Protection of public right-of-way and property. 27.12.140 Nuisance prevention. 27.12.150 Qualifications to do work --contractor. 27.12.160 Qualifications to do work --property owner. 27.12.170 Hazards. 27.12.180 Building permits. 27.12.010 Permit required. The following conditions shall apply to land alteration work: A. No person, either as property owner, contractor, private engineer, or otherwise, shall do or shall cause to be done any land alteration work without having obtained a permit to do such work. B. All work done in land alteration shall be done in accordance with the conditions of the required permit, and shall conform to the approved plans, standard drawings, specifications, and general conditions as may be determined by the city engineer to be applicable to the work. C. A separate permit shall be required for each noncontiguous site. D. This chapter shall not affect the requirements of any other chapter of this code requiring permits, fees, or other charges, including those for sewer and services, or affect any provisions concerning the granting of franchises. (Ord. 126 §1 (part), 1976: Exhibit A §S27.2-1.01--27.2-1.04). 27.12.015 Grading permit requirements. This section shall apply as follows: -4- A. Plans and Specifications. Each applicant for a grading permit shall be accompanied by two sets of plans an specifications, and supporting data consisting of a soil engineering report and engineering geology report. The plans and specifications shall be prepared and signed by a Civil Engineer. B. Plans shall be drawn to a scale of 1" = 20' or as approved by City Engineer upon mylar or vellum sized at 24" x 36" or 30" x 42" and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that the work proposed will conform to the provisions of the Code and all relevant laws, ordinances, rules and regulations. 27.12.019 Plans and Specification Exemptions. Soils engineering and engineering geology report shall not be required on sites located in existing recorded subdivided lots in an R-1 zone. 27.12.020 City f acilities— Property owner's res onsibilit . Unless provision is otherwise made or an agreement pursuant to Section 27.16.030, t is section shall appy as f ollows: A. In the event the city is required to place, replace or maintain a city -owned facility within a public right-of-way over which the property owner has done land alteration work, the property owner shall pay the city that portion of the cost of placement, replacement or maintenance caused by the construction, or existence of the owner's land alteration work. B. The property owner shall pay the city for all the cost of placing, replacing or maintaining a city owned facility within a public right-of-way when the city's facility has failed as a result of the construction or existence of the owner's land alteration work. C. The costs of placing, replacing or maintaining the city -owned facility shall include the cost of obtaining a necessary alternate easement. (Ord. 126 § 1 (part), 1976: Exhibit A §27.2-1.05). 27.12.030 Special requirements for land alteration. The following special requirements shall apply to land alteration work as set out in Sections 27.12.040 through 27.12.090. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-2). 27.12.035 Fills. A. Method of construction. All fill slopes 15 feet in height or more and steeper than three horizontal to one vertical shall be constructed by the "overfill and cutback" method. These slopes shall be overbuilt and cut back to grade exposing the firm compacted fill innercore. The actual amount of overbuilding may vary as field conditions dictate. If the desired results are not achieved, the existing slopes shall be overexcavated as directed by the soils engineer and reconstructed. The degree of overbuilding shall be increased until the desired compacted slope surface condition is achieved. Care shall be taken by the contractor to provide thorough mechanical compaction to the outer edge of the overbuilt slope surface. As fill slope construction proceeds, the slope surface shall be thoroughly backrolled with a sheepsfoot roller at vertical height intervals not exceeding four feet. Following the attainment of the desired slope height, the outer surface of overbuilt slopes shall be cut back to the finished surface contour shown on the approved grading plan care shall be taken by the contractor not to excavate beyond the desired finished slope surface. B. Alternate method of construction. Fill slopes less than 15 feet in height or flatter than three horizontal to one vertical may be constructed by alternative procedures where specifically approved by the soils engineer prior to grading. Prior to such approval, the contractor shall submit to the soils engineer a detailed written description of the procedure he proposes to utilize. Within such description, the following guidelines shall be included. Unless slopes are overfilled and cut back to grade, the outer faces of all fill slopes shall be backrolled utilizing a sheepsfoot roller at intervals not exceeding four feet of vertical slope height. Vibratory methods may be required. During construction of the fill slopes, care shall be taken to maintain near -optimum moisture conditions over the entire slope height. Following achievement of the slope height as shown on the approved grading plan, the entire slope face shall be thoroughly compacted utilizing a vibratory sheepsfoot roller. Upon completion of the above procedures, the faces of all fill slopes shall be grid -rolled over the entire slope height with standard grid -rolling type of equipment. Prior to grid -rolling, care shall be taken to maintain near -optimum moisture conditions. -5- Following slope construction in the manner described above, if the required uniformly compacted fill slope condition is not achieved, overfilling and cutting back shall be required. Completed slopes not approved by the soils engineer shall be overexcavated a minimum of 12 feet (horizontal) and replaced by the overfilling and cutting back procedure described in Paragraph A. 27.12.040 Slope design. All slopes to be constructed in connection with land development shall be designed for proper stability after carefully considering such geological factors and soil properties which may affect that stability. The design of all slopes shall not be steeper than two horizontal to one vertical in fill or one and one-half horizontal to one vertical in cut and shall be substantiated with a report by the soils engineer, certifying that he has investigated the property and that in his opinion the proposed steeper slope will not endanger any public or private property. (Ord. 126 § 1 (part), 1976: Exhibit A §27.2-2.01). 27.12.050 Embankment compaction. Unless otherwise specified on the permit, all embankment for land alteration shall be compacted in conformance with the provisions of the standard specifications. Unless otherwise stated in the permit, a soils engineer shall be responsible for the inspection and testing of the embankment work and inspection of excavations. The soils engineer shall file with the city engineer, upon completion of the work, a report certifying that inspections and tests were made during the grading, and that in his opinion all embankments and excavations are in accordance with the provisions of this title and the permit and are acceptable for their intended use. (Ord. 126 § 1 (part), 1976: Exhibit A §27.2-2.02). 27.12.055 Terracing and drainage. Deviations from the provisions of this section 7012 (a) of the uniform building code shall be specifically addressed for each instance in the reports required by Section 7006 of the Uniform Building Code. Terrace. Terraces at least 8 feet in width shall be established at not more than 25 foot vertical intervals on all cut or fill slopes to control surface drainage and debris except that where only one terrace is required, it shall be at mid -height. For cut or fill slopes greaten than 50 feet and up to 100 feet in vertical height one terrace at approximately mid -height shall be 16 feet in width. Terrace widths and spacing for cut and fill slopes greater than 100 feet in height shall be designed by the Civil Engineer and approved by the City Engineer and shall meet or exceed the foregoing requirements. Suitable access shall be provided to permit proper cleaning and maintenance. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must - be paved with reinforced concrete not less than 3 inches in thickness. They shall have a minimum paved width equal to the width of the terrace. A single run of swale or ditch shall not collect runoff from a tributory area exceeding 13,500 square feet (projected) without discharging into a down drain. A design height of the slope shall include 6 feet at the top of the slope to provide for the contributory area and height of possible walls along the top of the slope. Exception: The width and spacing of the terraces may be approved by the City Engineer to be narrower and spaced differently than the preceding requirements provided: A. The terrace system is designed by a Civil Engineer and approved by the Soils Engineer. Such design shall include sufficient details and calculations (including hydrology) to enable full analysis by the City Engineer. B. The maximum vertical interval shall be 20 feet, an 8 foot wide terrace shall be included at 50 feet in vertical height, and a 12 foot wide terrace shall be included at 80 feet in vertical height. C. Building pads shall have a drainage gradient of at least two percent (2%) toward approved drainage facilities. D. The Exception in Section 7012 (d) of the Uniform Building Code is deleted. 27.12.057 Special Drainage Provisions. If the building pad surface is paved, the minimum gradient specifications in Section 7012 (d) of the Uniform Building Code may be reduced to the following minimum gradients: Asphaltic Concrete Pavement (1-154 percent); Portland Cement Concrete 0 percent). -6- OWN 27.12.059 Drainage Devices. A. Except on slopes, drainage devices shall be constructed with minimum gradients as follows: Portland Cement Concrete Construction- 0.5%; Air Blown Concrete Construction - 1..0%; Asphaltic Concrete Construction - 1.0%; Soil Swales - 1.0%; Pipes - 0.4%. B. Drainage devices constructed on slopes shall have a minimum gradient of five (5) percent. Such drainage devices shall be constructed of air blown concrete or Portland Cement Concrete with suitable reinforcement. Closed conduits, unpaved swales and asphalt concrete drainage structures shall not be used for slope drainage. C. Drainage devices shall be constructed to convey drainage to an established private or public waxer course, channel, storm drain or public street and shall be of a design to prevent erosion. D. Drainage devices conveying water to the public streets shall drain over driveway approaches or through curb drains or through sidewalk culverts. 27.12.060 Hillside areas. All land alteration work in the hillside area as shown as a hillside overlay on the official zoning map on file in the office of the director shall be approved thrugh the conditional use permit procedures as specified in Title 25 before a permit to begin work may be issued by the city. (Ord. 126§1 (part), 1976: Exhibit A §27.2-2.03). 27.12.065 Erosion Control. A. Where slopes are planted for erosion control, the slope shall be watered by a designed automatic irrigation system approved by the City Engineer. The irrigation system and landscaping shall have their own plans and specifications. Landscaping shall have a minimum 90 day plant establishment period prior to calling for final approval. B. The manner(s) of erosion control shall be specifically addressed in the report required by Section 7006 of the Uniform Building Code. C. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices and burrowing rodent control when shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit. 27.12.067 Blowsand and Dust Control. A. Provisions shall be made by the owner, developer or grading contractor to install a temporary site irrigation system, after the site is stripped of natural vegetation, for the prevention of blowing sand and dust. B. Applicant prior to grading permit- issuance shall submit a site plan and complete details of the irrigation system to the City Engineer for review and approval. Permit fees for the site irrigation system shall be included in the grading permit fees. C. The grading site shall be irrigated as necessary to prevent blowing dust or sand damage to properties down wind of the grading site. 27.12.070 Uncontrolled embankment permitted when. Where, in the opinion of the city engineer, the construction of an uncontrolled embankment would not be contrary to the public interest or welfare, a permit for such land alteration may be issued; provided, that the plans clearly indicate the limits of the uncontrolled embankment to be constructed and an agreement or covenant of restriction has been executed as required in this title, and recorded in the office of the county recorder. (Ord. 126§1 (part), 1976: Exhibit A §27.2-2.04). 27.12.080 Removal of expansive soil --Exception. If, during the grading operation, expansive soil is found within two feet in cut or three feet in fill of the finished lot grade of any area intended or designed as the location for a building, the permittee shall cause such expansive soil to be removed from such building official or as certified by a soils report and replaced with nonexpansive soil properly compacted; provided, however, the city engineer may, upon receipt of a report by a soils engineer certifying that he has investigated the property and recommending a design of footings or floor slab or other procedure that in his opinion will alleviate any problem created by such expansive soil, -7- waive the requirements that such expansive soil be removed and replaced with nonexpansive soil. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-2.05). 27.12.090 Design review. All land alteration shall take into consideration the effect on surrounding property. Particular attention shall be given in the design to the protection of views from adjoining property across the area to be graded. If in the opinion of the city engineer, views will be substantially damaged by the proposed grading, he shall refer the proposed grading plan to the design review board for conceptual approval. No permit shall be issued until conceptual approval is obtained. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-2.06). 27.12.100 Land alteration standards. Except as provided in this chapter, all work in connection with land alteration shall be done in accordance with the latest revised standards of the city. Such drawings, specifications, and general conditions are on file in the office of the city clerk and shall be kept for public distribution in accordance with established fee schedules. In connection with land alteration work, deviations from the requirements of these standards will be permitted based upon written reports and recommendations by qualified and recognized authorities subject to review and approval by the city engineer. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-3). 27.12.110 Work incidental to building or structure. An owner of land or duly licensed contractor desiring to do land alteration work incidental to and in connection with the construction of a building or structure shall present an application and obtain a land alteration permit prior to the obtaining of a building permit. The building official may suspend any building permit where it is found that land alteration is being done or has been done without a land alteration permit until a land alteration permit is issued. 27.12.120 Alteration affecting public improvements. A. Where, in the course of alteration of private property, adjacent public improvements are damaged, removed, disconnected, or dislocated, the property owner shall, at no cost to the city, repair or replace such public improvements to the satisfaction of the city engineer. B. Where, in the course of alteration of private property, a driveway is abandoned and is no longer suited for vehicular use, the property owner shall remove the depressed curb section and apron and restore the right-of-way to the standards normally required. C. The city engineer shall notify the property owner of such abandonment or damage and the property owner shall take corrective action within thirty days of such notice. The city engineer is empowered to process such violations affecting the public right-of-way and general welfare as a misdemeanor as specified in Section 27.36.020. The city shall not certify to the completion of a building or other permitted work where a notice has been issued and corrective action has not been taken. (Ord. 126 §1 (part), 1976: Exhibt A §27.2-6). 27.12.130 Protection of public right-of-way and property. During the construction of land alteration, the contractor and the property owner shall take all necessary measures to protect adjacent property and public right-of-way from damage which may result from the work and to provide the necessary fences, and barricades to eliminate any hazard to the public in their normal use of such property or right-of-way. In addition to the requirements of the standard specifications, fences shall be provided adjacent to the top of the excavation in accordance with the provisions herein where the slope is one foot horizontal to one foot vertical or steeper. Such fences or barricades shall be substantially constructed and shall be properly maintained as long as the hazard resulting from the excavation exists. Where a slope is created adjacent to the public right-of-way or other publicly used property, and the top of slope exceeds ten feet in height, a forty -eight -inch -high approved fence shall be erected at the top of slope. The city engineer may modify or delete the requirements of this section where it is evident that the land alteration work will present no hazard to the adjacent property or public right-of-way. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-7). 27.12.140 Nuisance prevention. The permittee shall take such steps as are reasonably necessary to prevent creation of a nuisance, including but not limited to spillage, dust, erosion and noise control. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-8). -8- 27.12.150 Qualifications to do work --Contractor. Every person doing land alteration shall meet such qualifications as may be determined by the city engineer to be necessary to protect the public interest. The city may require an application for qualification which shall contain all information necessary to determine the person's qualifications to do the land alteration. Except as otherwise provided in this title, all land alteration shall be performed by a contractor who has been duly licensed by the state. (Ord. 126 §1 (part),_ 1976: Exhibit A §27.2-9). 27.12.160 Qualifications to do work --Property owner. Any person occupying property as his own home or constructing a house to be occupied as his own home may ;l present an application to do land alteration work on his own property. -' Any work authorized by permit as a result of a property owner's application shall be supervised or performed personally by the property owner. Persons applying for a property owner's permit to do land alteration work shall furnish a cash deposit or surety bond, in an amount determined to be the actual cost of the work to be done as determined by the building official. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-10). 27.12.170 Hazards. Whenever the city determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability or a public right-of-way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the city shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this code. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-11). 27.12.180 Building permits. No permit for construction of any building or structure shall be issued on a site or parcel on which a grading permit has been issued until: A. The City Engineer has received and approved compaction for all pads from a soils engineer; and, B. The City Engineer has received an as built grading plan certified by a civil and soils engineer; or, Final grading has been inspected and approved by the City Engineer; and, C. The City Engineer has received certification that grading has been completed as per approved grading plan. Chapter 27.16 SUBDIVISION GRADING Sections: 27.16.010 Land alteration prior to subdivision. 27.16.020 Grading under standard land alteration permit. 27.16.030 Grading under agreement for completion of improvements. 27.16.010 Land alteration prior to subdivision. A subdivider of land required to do land alteration work as the result or condition of the approval of the tentative map shall perform such work under one of the following procedures set out in this chapter. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-4). 27.16.020 Grading under standard land alteration permit. Should the subdivider desire to do certain land alteration work prior to entering into an agreement with the city to install and complete all subdivision and land alteration work, he may make application to do so under a standard land alteration permit. This application shall be accompanied by detailed plans and specifications based upon the approved tentative map and in conformity with the provisions of Sections 27.12.030 through 27.12.100. A schedule and estimate based upon such plans and specifications shall accompany the application. This permit shall be acted upon by the city engineer. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-4.01). -9- 27.16.030 Grading under agreement for completion of improvements. Should the subdivider desire to do certain land alteration work in conjunction and concurrently with installation and construction of required improvements, he may enter into an agreement with the city to make,. install and complete all improvements and land alterations in accordance with approved plans and specifications. Prior to any construction of improvements and/or land alteration, the subdivider shall have complied with and performed the following requirements: A. The subdivider shall file with the city engineer detailed plans and specifications, or a statement that work will be accomplished in accordance with the standards and specifications of the city, approved by the city engineer and an estimate of time reasonably necessary to complete the same. B. The subdivider shall enter into an agreement with the city to make, install and complete within the time fixed by the city engineer but in no case more than two years from the date of execution of the agreement, all improvements and land alteration in accordance with the approved plans and shall cause to be filed with the city clerk, a faithful performance of the agreement and the completion of the improvements and land alteration. The subdivider shall additionally file with the city clerk a payment bond to insure to the benefit of those persons entitled to the protection of Part III, Title IV, Chapter II of the Code of Civil Procedure. A cash deposit or letter of credit acceptable to the city attorney may be submitted in lieu of bonds described in this chapter. Bonds and other forms of guarantees shall be in full conformity with the requirements for subdivision guarantees as set forth in Title 26 on subdivisions. (Ord. 126 §1 (part), 1976: Exhibit A §27.2-4.02). Chapter 27.20 EXEMPTIONS Sections: 27.20.010 Permit not required when. 27.20.010 Permit not required when. A. Land alteration will be exempt from regulation under this title when it -- conforms to the following description; provided, however, that whenever a portion of a land alteration project fails to comply with any one of the exemption provisions of this section, other than Subdivision 4 of this subsection the entire project shall be considered as nonexempt land alteration: 1. The depositing of materials in any disposal area operated or licensed by the city; 2. The making of excavation on any site or contiguous sites held under one ownership, which produces a final cut face not exceeding three feet in vertical depth at any one point, and does not result in the movement of more than fifty cubic yards of material, and in which the cut face does not extend below the angle of repose at natural slope of the soil as measured from a point one foot inside the exterior property line; 3. The making of embankment on any site or contiguous sites held under one ownership, in which all of the following are found to exist: a. None of the embankment exceeds three feet in vertical depth, b. None of the embankment is placed on a slope steeper than five horizontal to one vertical, C. The embankment does not change or adversely affect the existing drainage pattern, d. The toe of the embankment is no closer than three feet to an exterior property line, and e. The total volume of embankment does not exceed fifty cubic yards; or one foot in -fill. -10- 4. Excavation for foundations of buildings, structures, basements, cellars, swimming pools, or basins which are authorized by appropriate permits obtained from the building division; provided such excavation does not affect public property or rights -of -way and no public interest is involved. Foundations, as referred to in this subsection shall not be construed to include foundations for retaining walls, drainage structures, or other structures appurtenant to the land alteration; 5. Excavation or embankment performed by a governmental agency, franchise holder or their contractor incidental to the construction of roadways, pipelines, or utility lines within their rights -of -way or within public rights -of -way; 6. Cemetery graves; 7. Excavations for wells or tunnels or utilities; 8. Mining, quarrying, excavating, processing, stockpiling of rock, and, 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 pressure upon any adjacent or contiguous property; 9. Exploratory excavations under direction of soils engineers or engineering geologists. B. The exceptions of this chapter shall not affect the applicability of this title to nor the requirement for a land alteration permit for any embankment or excavation or work done at another site where material is transported to or from projects as outlined in this section. (Ord. 126 §1 (part), 1976: Exhibit A §27.3-1). Chapter 27.24 BONDS Sections: 27.24.005 Bond. 27.24.010 Special bond required when. 27.24.020 Special bond --Procedures for payment. 27.24.030 Private contract performance bond. 27.24.040 Default on private contract bond. 27.24.050 Completion of work by city. 27.24.060 Liability. 27.24.070 Cash deposit in lieu of bond. 27.24.080 State not required to post bond. 27.24.090 Contractor for state to present bond when. 27.24.100 Conditions of bond. 27.24.110 Bond amount. 27.24.005 Bond. Bonds or other improvement security satisfactory to the city engineer and agreements in an amount equal to at least 100 percent of the estimated cost of the work are required to guarantee completion of the work in accordance with the approved plans and specifications. 27.24.010 Special bond required when. Where land alteration work or any excavation exempted from land alteration involves excavation adjacent to the right-of- way in excess of six feet with a slope of one foot horizontal to one foot vertical or steeper, the city engineer may require a special bond to indemnify the city against damage to the improvements within the right-of-way which may result from such excavation on land alteration. The amount of the special bond shall be determined by the city engineer and such bond shall remain in force and effect until the excavation and land alteration have been completed, the lateral support for the slope, if required, has been constructed, and it has been determined by the city engineer that the adjacent improvements are no longer in jeopardy. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-1.01). 27.24.020 Special bond --Procedures for payment. The special bond shall be conditioned upon the payment to the city of any costs incurred by the city in repairing, restoring, or replacing improvements which may be damaged as a result of the adjacent excavation or land alteration. Procedures for notice, performance of work, and payment to the city where such work is performed by the city shall conform to Section 27.24.040; -11- provided, however, where delay in repair to the improvements would constitute a hazard to the public or -to other improvements within the immediate area, the city engineer may perform such emergency work as may be required and shall recover the cost thereof from the principal and surety of the bond. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-1.02). 27.24.030 Private contract performance bond. Persons performing private contract work under a permit issued in accordance with this title shall furnish a bond or cash deposit or instrument of credit executed by the owner or by the contractor or both, as principal in accordance with the following provisions: The performance bond shall be issued by a surety company authorized to do business in the state and shall be approved as to form by the city attorney. The bond shall be in favor of the city and shall be conditioned upon the completion, free of liens, of the work authorized by the permit in accordance with the requirements of this title and the conditions prescribed by the permit. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2). 27.24.040 Default on private contract bond. The bond shall be conditioned upon the payment to the city of any costs incurred by the city or its agent in completing the required work or performing work necessary to leave the site in a nonhazardous condition. Whenever the city engineer finds that a default has occurred in the performance of any term or condition of work authorized by a permit he shall give written notice of such default to the principal and surety of the bond. Such notice shall state the work remaining to be done, the estimated cost of completion and the time estimated by the city engineer to be necessary for the completion of the work. After the receipt of such notice, the principal or the surety must, within the time specified, either complete the work satisfactorily or deposit with the city an amount equal to the city engineer estimate of the completion cost plus an additional sum equal to twenty-five percent of such cost. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2.01). 27.24.050 Completion of work by city. In the event that the principal or surety fails to complete such work within the time specified in the notice designated in Section 27.24.040, or fails to deposit the estimated cost plus twenty-five percent with the city, the building official may cause the required work to be completed. The principal and the surety shall be liable for the cost of completing such work. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2.02). 27.24.060 Liability. If the principal or surety deposits the estimated cost plus j twenty-five percent as set forth in the notice designated in Section 27.24.040, the city - engineer shall cause the required work to be completed. The unexpended money shall be =='� returned to the depositor at the completion of such work, together with an itemized accounting of the cost. The principal and surety shall hold the city blameless from any liability in connection with the work so performed by the city or contractor employed by the city. The city shall not be liable in connection with such work other than for the expenditure of the money. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2.03). 27.24.070 Cash deposit in lieu of bond. In lieu of a bond, the permittee may post a cash deposit with the city finance office in an amount equal to the required bond. Notice of default as provided in Section 27.24.090 shall be given to the principal and if the default is not corrected within the time specified, the city engineer shall proceed without delays and without further notice of proceedings whatever to use the cash deposit or any portion of such deposit to complete the required work. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns after deducting the cost of the work. (Ord. 126 §1 (part), 1976: Exhibit A §27.9-2.04). 27.24.080 State not required to post bond. No performance bond under the provisions of this chapter shall be required from the state, or any of its political subdivisions or any governmental agency. (Ord. 126 §1 (part), 1976: Exhibit A §27.4- 2.05). 27.24.090 Contractor for state to present bond when. A contractor working for the state, or any of its political subdivisions or any governmental agency, shall present a performance bond unless proof is submitted that the work is covered by a bond insuring to the benefit of the state or agency. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2.06). 27.24.100 Conditions of bond. Every bond or other performance guarantee shall include conditions that the permittee shall do the following: A. Comply with all provisions of this title; B. Comply with all terms- and conditions of the land alteration permit; -12- C. Complete the land alteration work within the time limit specified in the land alteration permit. (Ord. 126 §1 (part), 1976: Exhibit A §27.4-2.07). 27.24.110 Bond amount. A. The amount of the bond covering a specific job shall be established by the city engineer, and shall not exceed the amounts listed in this section. B. Notice of cancellation shall be sent to the city engineer. r-Ti C.. The amount of any performance bond shall be determined as follows: For appurtenant structures, one hundred percent of the estimated cost of retaining a walls, drainage facilities or other grading appurtenances; For grading and slope planting, twenty-five percent of the estimated cost or ten thousand dollars whichever is less. This amount may be varied by the building official to fit conditions which are unusual in his opinion. (Ord. 126 §1 (part), 1976: Exhibit A §1 (part), 1976: Exhibit A §27.4-3). Chapter 27.28 ADMINISTRATION Sections: 27.28.010 Enforcement by city engineer. 27.28.020 Permit issuance. 27.28.030 No work to continue without permit. 27.28.035 Work without permit. 27.28.037 Belated permit double fees 27.28.040 Inspection 27.28.043 Grading inspection. 27.28.045 Grading designation. 27.28.050 Type of work and permit determined by engineer. 27.28.060 Departmental recommendations --Denial. 27.28.070 Cancellation of permit. 27.29.080 Applications for permits. 27.28.090 Plans to accompany application. 27.28.100 Special investigations. 27.28.110 Public streets. 27.28.120 Time limits. 27.28.130 Improvements and grading on adjacent land. 27.28.140 Retaining walls. 27.28.150 Control of grading 27.28.160 Responsibility of Permittee 27.28.010 Enforcement by city engineer. The city engineer shall enforce the provisions of this title. He may delegate to the city building official such authority for the administration of this title as he deems appropriate. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-1). 27.28.020 Permit issuance. The city engineer shall, upon application by qualified persons, issue permits in connection with land alteration when all applicable conditions established by this title for such permits have been met. He may attach such conditions as he deems appropriate to protect health, safety, and welfare. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-1.01). 27.28.030 No work to continue without permit. The city engineer shall cause land alteration being done without a permit to be stopped until a permit has been obtained. He may require that such work done without a permit be removed or corrected a the expense of the responsible person. Where land alteration work involves an embankment improperly ` constructed or constructed without adequate testing, he shall cause such embankment to be reconstructed or, in lieu thereof, shall cause a declaration of improper land. 27.28.035 Work without permit. Any work done without a permit when a permit is required by this chapter shall be, and the same is hereby declared to be, unlawful and a publis nuisance. Upon order of the city council, the city attorney shall commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit -13- as required by this chapter shall be prima facie evidence of the fact that a public nuisance has been committed in connection with the work begun or done contrary to the provisions of this chapter. 27.28.037 Belated permit --double fees. If a work commenced or done for which a permit is required by this chapter before a permit is obtained, the permit fees shall be doubled. the payment of such double fee shall not waive compliance with this chapter. Such double fee is not a penalty but is a payment to defray the added costs of special inspections required for enforcement of the provisions of this chapter in such cases. The imposition or payment of such double fee shall not prevent the imposition of a penalty. 27.28.040 Inspection. The city engineer shall inspect all work done in connection with land alteration to insure compliance with the provisions of this title and shall certify when such work is properly completed. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-1.03). 27.28.043 Grading inspection. Unless expressly modified by the city engineer, special inspection of grading operations and special testing shall be performed in accordance with the provisions of Sections 305 and 7014 of the Uniform Building Code. 27.28.045 Grading designation. All grading requiring a permit shall be performed in accordance with engineer and shall be designated as "engineered grading". Grading involving less than 5000 cubic yards may be changed in designation from "engineering grading" to "regular grading" upon recommendation of the civil engineer and approval of the city engineer. The city engineer may require supporting documentation prior to approval of a change of designation. 27.28.050 Type of work and permit determined by engineer. The city engineer shall determine the extent, type and requirements of land alteration work requested, the type of application and permit required and the fees applicable under the provisions of this title. (Ord. 126§1 (part), 1976: Exhibit A §27.4-1.04). 27.28.060 Departmental recommendations --denial. When the nature of the work requested is such that it comes within the requirements of, or affects the operation of any other department or division of the city, the city engineer shall obtain and consider the recommendations of such departments or divisions in determining the disposition of the application. He shall deny applications which, in his judgement, are not in the interest of the public health, safety or general welfare, or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-1.05). 27.28.070 Cancellation of permit. The city engineer may cancel a permit or may require the plans to be amended when it is in the interest of public health, safety and welfare and under any of the following: A. Upon request of the permittee; B. The facts are not as presented by the permittee in application;. C. Work as constructed or as proposed to be constructed creates a hazard to public health, safety, and welfare. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-1.06). 27.29.080 Applications for permits. Applications for permits authorizing land alteration work shall be made in accordance with procedures established by the city. (Ord. 126 §1 (part), 1976: Exhibit A §27.5-2). 27.27.090 Plans to accompany application. A. Applications shall be accomplished by such detailed plans, specifications, schedules and estimates as may be required by the city engineer in determining the nature and extent of the work and the applicable fees. All applications for land alteration permits shall require a permit application and fee. B. Detail plans shall be prepared on material and to the size and in the manner designated by the city in a standard available for distribution in the office of the city engineer. C. Detailed plans and specifications for land alteration shall include but not be limited to the following: location; 1. A vicinity sketch or other data. adequately indicating the site .14- 2. A plot plan showing the location of the land alteration boundaries, lot lines, and public and private rights -of -way lines; 3. A contour map showing the present contours of the land and the proposed contours or grid elevations; 4. Location of any buildings or structures within the land alteration boundaries, and the location of any building or structure on adjacent property which is within fifteen feet of the land alteration boundary; 5. Typical sections showing details concerning proposed cut and fill slopes; 6. Adequate plans of all drainage devices, walls, or other protective devices to be constructed in connection with, or as a result of the proposed work, together with a map showing the drainage area of land tributary to the site and the estimated runoff of the area served by any drainage devices; 7. An estimate of the quantity of excavation and fill involved; quantities relative to construction of appurtenant structures; estimate of cost; and estimated starting and completion dates; 8. A statement or plan indicating in detail the type of erosion control proposed; 9. A soils investigation may be required to correlate surface and subsurface conditions with the proposed land alteration plan. the results of the investigation shall be presented in a soil report by a soils engineer which shall include, but need not be limited to, data regarding the nature, distribution, and strength of existing soils and rock on the site; the soils engineer's conclusions and recommendations for grading requirements, including the correction of weak or unstable soil conditions and treatment of any expansive soils that may be present and his opinion as to the adequacy of building sites to be altered by the proposed land alterations operations. The soils engineer shall provide an engineering geology report by an engineering geologist when required; 10. Such other information or data as may be required. (Ord. 126 §1 (part), 1976: Exhibit A §§27.5-2.01--27.5-2.03). 27.28.100 Special investigations. When proposed work or inquiries concerning the public rights -of -way necessitates investigation or preliminary engineering studies to be performed by the city, the city engineer may require a special investigation application and fee. Special investigation fees shall be in addition to other fees for permits or permit applications and shall be in an amount sufficient to cover the cost of the investigation. (Ord. 126 § 1 (part), 1976: Exhibit A §27.5-3). 27.28.110 Public streets. The permittee shall not perform any work in a manner which may create a nuisance and/or hazard to persons using public lands or streets. The permittee will submit an operational plan for approval by the city engineer if any of the following actions are necessary to complete the work: A. The control of public traffic by a flagman or other means. B. The placing of obstructions (dirt, sand, aggregate base, etc.) in the public right-of-way. (Requires a separate permit from the city engineer). C. The temporary reduction in the number of traveled lanes in a public street. D. Any other action which will delay and/or restrict the use of a public street. The operational plan shall include at least the following: 1. The point or points of access to the public street or streets for export or import. 2. Special safety precautions equivalent to the following standards shall be provided where the egress (outhaul) road connects with the public street. a. The last 50 feet of the outhaul road immediately adjoining the street if downgrade to the street shall have a grade no steeper than 3 percent. b. An unobstructed sight distance of not less than 300 feet in each direction up and down the public street shall be provided at the point of egress. Such -15- sight distance shall be measured from a point 8 feet above grade in the outhaul road; said point being 10 feet outside the edge of the street pavement or if no pavement, 10 feet outside the edge of the normally traveled portion of the public street. 3. Traffic control devices shall be provided and maintained at the connection of the ingress and egress roads with the public way. Dirt, mud, and other debris shall not be deposited on public streets by the permittee and/or any person working for or with the permittee in any manner. The permittee shall be responsible for the immediate removal of any dirt, mud, or other debris deposited upon public streets which directly or indirectly is a result of his work. The permittee shall be required to post a bond or other acceptable security for, and be responsible for the repair of restricted streets used for hauling dirt to and from the work site. Such bond amount shall be as determined by the city engineer. Noncompliance with any provision of this section shall be grounds for immediate work suspension as ordered by the city inspector and/or city engineer. 27.28.120 Time limits. The time period in which the work is to be begun and completed will be specified on the permit if other tha 180 days. If the time period is not indicated, it shall be 180 days. If the permittee is unable to complete the work within the specified time, he may request in writing to the city engineer an extension of time. The city engineer may grant extensions as he deems appropriate and may add conditions to the extension as he deems appropriate. If the extension is for longer than 30 days, the permittee shall pay a proration of the original fees based on the uncompleted portion of the original fees based on the uncompleted portion of the original work. This payment is not a penalty, but is intended to defray the expense of the longer period of inspection for the work. If the work site is located within X mile of any occupied dwelling grading may only be done from 7:00 A.M. to 7:00 P.M. on Mondays through Fridays and 9:00 A.M. to 6:00 P.M. on Saturdays, Sundays and holidays. 27.28.130 Improvements and grading on adjacent land. If the permittee is to do any work on land adjacent to his parcel, he must submit notarized letters of permission and/or easements from the owners of the properties involved prior to issuance of a permit. 27.28.140 Retaining walls. All walls retaining 30" or more of soil measured from the top of the footing shall be designed by a civil engineer. The design is subject to approval of the city engineer. Appropriate fees in accordance with the Schedule of Fees as adopted from time to time by resolution of the city council shall be paid, and a permit shall be obtained from the city engineer. 27.28.150 Control of grading. Notwithstanding other sections in this chapter and the provisions of the Uniform Building Code, where grading is required adjacent to improved residential lot(s) and where providing for drainage primarily by grading will adversely affect the aesthetics, privacy, security, and/or views of the adjacent lot(s) with fills exceeding three feet in height, the city engineer may require the use of alternate drainage devices including, but not limited to concrete swales, yard drains, storm drains, sump pumps, and spread footings. If the use of alternate drainage devices is not sufficient to mitigate any adverse impacts, the city engineer may require and/or permit the drainage of one lot across another lot provided that satisfactory easements are obtained. Appeals of requirements of this section shall be made to the Planning Commission and the decision shall be final unless appealed to or called up by the City Council. The fee for filing an appeal shall be as shown in the Schedule of Fees as set from time -to -time by resolution of the city council, but in no event shall be less than $65.00. 27.28.160 Responsibility of permittee. A. Compliance with plans and code. The permittee, his agent, contractor or employee, shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this code. B. Notification. In performing grading it shall be the responsibility of the permittee to notify the city engineer at least one working day in advance. C. Protection of utilities. During grading operations the permittee shall be responsible for the prevention of damage to any public utilities or services. -16- Y D. Protection of adjacent property. The permittee under the grading permit is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking, or other damage which might result. E. Temporary erosion control. The permittee shall put into effect and maintain all precautionary measures necessary to protect adjacent water courses and public or private property from damage by erosion, flooding, and deposition of mud or debris originating from the site. F. Inspections. The permittee shall be responsible to assure that the soils engineer performs grading inspection and soils test. Chapter 27.32 FEES Sections: 27.32.010 Computation and payment. 27.32.020 State work --Permit and fees. 27.32.030 Refunds. 27.32.040 Fee for failure to obtain permit. 27.32.010 Computation and payment. Fees shall be in accordance with the current fee schedule as may be adopted from time to time by council resolution. For excavation and fill on the same site, the fee shall be based on the volume of excavation or fill, whichever is greater. If it is determined that the volume of excavation or fill incident to the grading is greater than the volume on which the land alteration fee was initially computed, the applicant shall pay any additional fee based upon the recomputed volume of excavation or fill. the estimates shall be made or verified by the city engineer. Fees required by this chapter shall be collected by the city finance officer. No permit shall be issued and no land alteration shall be permitted until the applicable fees have been received by the city finance officer. (Ord. 126 §1 (part), 1976: Exhibit A §27.6-1). 27.32.020 State work --permit and fees. A. The state or any of its political subdivisions or any governmental agency shall file applications for permits and shall be issued permits as required by this title. No fees shall be required when the work is done by persons working directly for the state or agency. B. A contractor working for the state, or any of its political subdivisions or any governmental agency, shall obtain a permit and pay the permit fee. (Ord. 126 §1 (part), 1976: Exhibit A §527.6-1.01--27.6-1.02). 27.32.030 Refunds. In the event a permit fee refund is requested by a permittee and the city engineer has determined that it is in the public interest to allow the permittee to abandon the work, he shall cancel the permit and refund fees only in accordance with the following schedule: Seventy-five percent of the fee for a land alteration permit shall be refundable if no inspections have been done by the city and the work is abandoned. (Ord. 126 § 1 (part), 1976: Exhibit A §27.6-2). 27.32.040 Fee for failure to obtain permit. In the event that land alteration permit, the city engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this title in the performance of the work. Such fee shall not be construed to be a penalty, but shall be construed as an added fee required to defray the expense of enforcement of the provisions of this title in such cases. The imposition or payment of such double fee shall not prevent the imposition of any penalty prescribed or imposed by this title. (Ord. 126 §1 (part), 1976: Exhibit A §27.6-3). -17- Chapter 27.36 APPEALS AND VIOLATIONS Sections: 27.36.010 Appeals. 27.36.020 Violation. 27.36.010 Appeals. The applicant may appeal in writing any decision of the city engineer or his authorized agent to the city council within fifteen calendar days of the -._- decisions. (Ord. 126 §1 (part), 1976: Exhibit A §27.6-5). 27.36.020 Violation. Any land alteration commenced or done contrary to the provisions of this title shall be, and the same is declared to be, unlawful and a public nusiance. Upon order of the city council, the city attorney shall commence necessary proceedings for the abatement, removal and/or enjoinment of any such public nuisance in the manner provided by law. Any failure, refusal or neglect to obtain a permit as required by this title shall be prima facie evidence of the fact that a public nuisance has been committed in connection with any land alteration commenced or done contrary to the provisions of this title. (Ord. 126 §1 (part), 1976: Exhibit A §27.6-4). -18-