O 303 C.S.
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ORDINANCE NO. 303 C.S.
AN ORDINANCE OF THE CITY OF ARROYO GRANDE REPEALING
THE PRESENT GRADING ORDINANCE (MUNICIPAL CODE
SECTION 7-1.01 THROUGH 7-1.22) AND ADOPTING A NEW
GRADING ORDINANCE (MUNICIPAL CODE SECTION 7-1.01
THROUGH 7-1.15)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOLLOWS:
Section 1. The Municipal Code is hereby amended by repealing in full
each and all of the sections of the present Grading Ordinance, namely, Municipal
Code Section 7-1.01, 7-1.02, 7-1.04, 7-1.05, 7-1.06, 7-1.07, 7-1.08, 7-1.09,
7-1.10, 7-1.11, 7-1.12, 7-1.13, 7-1.14, 7-1.15, 7-1.16, 7-1.17, 7-1.18, 7-1.19,
7-1.20, 7-1.21 and 7-1.22.
Sect ion 2. The Municipal Code is hereby amended by adopting a new grading
ordinance, Municipal Code Sections 7-1.01 through 7~1.15, as set forth upon
Exhibit "A" attached hereto and incorporated herein.
Section 3. The City Engineer shall maintain on file in his office a copy
of 'the Exhibit "A" grading ordinance for publ ic inspection during reasonable
business hours.
Section 4. This Ordinance shall be In full force and effect thirty (30)
days after its passage, and within fifteen (15) days after Its passage, a
summary of said Ordinance shall be published once, together with the names of
the Council Members voting thereon, in the Five Cities Times-Press-Recorder.
On motion of Council Member Vandeveer, seconded by Council Member Gallagher
and on the following roll call vote, to wit: 1
AYES: Councilmen Vandeveer, Gallagher, Mil1is, Hogan and Mayor Smith ~
I--~ NOES: None . ---
ABSENT: --.-
None t
the foregoing Ordinance was passed and adopted on the 13th day of December 1983. 1
13'~~
MAYOR
~.jo ATTEST:
I, Virginia L. Culp, DeputyCityClerk of the City.of Arroyo Grande, ~ounty ~f San
Luis Obispo State of California, do hereby certify that the foregoing Ordinance "-J
.. No. 303 C.S: is a true, full and correct copy of said Ordinance passed and adopted
at a regular meeting of said Council on the 13th day of December 1983.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
December 1983.
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ORDINANCE NO. 303 C. S .
AN ORDINANCE OF THE CITY OF ARROYO GRANDE REPEALING
THE PRESENT GRADING ORDINANCE (MUNICIPAL CODE
SECTION 7-1.01 THROUGH 7-1.22) AND ADOPTING A NEW
GRADING ORDINANCE (MUNICIPAL CODE SECTION 7-1.01
THROUGH 7-1. 15)
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ARROYO GRANDE AS FOllOWS:
Section 1. The Mun ic i pa 1 Codei s he reby amended by repea 1 i ng in fu 11
each and all of the sections of the present Grading Ordinance>> namely>> Municipal
Code Section 7-1.01>> 7-1.02, 7-1.04, 7-1.05, 7-1.06, 7-1.07, 7-1.08, 7-1.09>>
7-1.10>> 7-1.11, 7-1.12, 7-1.13, 7-1.14, 7-1.15, 7-1.16>> 7-1.17>> 7-1.18>> 7-1.19>>
7-1.20>> 7-1.21 and 7-1.22.
Section 2. The Municipal Code is hereby amended by adopting a new grading
ordinance>> Municipal Code Sections 7-1.01 through 7~1.15, as set forth upon
Exhibit "A" attached hereto and incorporated herein.
Sect ion 3. The City Engineer shall maintain on file in his office a copy
of 'the Exhibit "A" grading ordinance for public inspection during reasonable
business hours.
Section 4. This Ordinance shall be in full force and effect thirty (30)
days after its passage, and within fifteen (15) days after its passage, a
summary of said Ordinance shall b~ published once, together with the names of
the Council Members voting thereon, in the Five Cities Times-Press-Recorder.
On motion of Council Member Vandeveer, seconded by Council Member Gallagher
and on the following roll call vote, to wit:
AYES: Counci lmen Vandeveer, Gallagher, Mi 11 is, Hogan and Mayor Smi th
NOES: None
ABSENT: None .
the foregoing Ordinance was passed and adopted on the 13th day of December 1983.
13'~~
MAYOR
ATTEST:
.
I, Virginia L. Culp, DeputyCityClerk of the C!ty.of Arroyo Grande, ~ounty ?f San
Luis Obispo, State of California, do hereby certify that the foregoing Ordinance
... No. 303 C.S. is a true, full and correct copy of said Ordinance passed and adopted
at a regular meeting of said Council on the 13th day of December 1983.
WITNESS my hand and the Seal of the City of Arroyo Grande affixed this 15th day of
December 1983.
/
"EXHIBIT A"
TITLE 7. PUBLIC WORKS
CHAPTER 1. EXCAVATION, GRADING, EROSI~, AND SEDIMENT CONTROL
Sec. 7-1.01 PURPOSE
The purpose of this Chapter is to safeguard life, linlb, and property,
water quality, safety and the. public welfare, by regulating and controlling
grading, clearing and erosion on private property.
Sec. 7-1.02 SCOPE
This chapter sets forth rules, regulations and minimum standards to
control excavation, grading, erosion and sediment; requires control of all
existing and potential conditions of accelerated erosion, establishes
administrative procedures for issuance of permits, and provides for
apprcwal of plans and inspections during construction and maintenance.
All activities subject to subdivision map requirements, and/or building
permits shall meet these standards.
Sec. 7-1. 03 PERMITS REQUIRED
No person shall do any land disturbance work without first obtaining
a permit from the Building Official except as follows:
(a) Isolated Area - Grading in an isolated, self-contained area
if there is no ,danger to private or public property.
(b) Emergency Work - Work necessary to preserve life or property,
provided, however, that when emergency work is' performed
under this section, the person performing it shall report
the pertinent facts relating to the work to the Building
Official within 15 days after commencement of the work
and shall thereafter obtain a permit pursuant to Section 7-1.06
. and perform such work as may be determined by the
Building Official to be reasonably necessary to .oorrect
any erosion or conditions with a potential to cause
erosion ,as a result of the emergency work.
,lc) Excavations - An excavation which does not exceed 100 cubic
yards and is ,less than 2 feet in depth, does not create a
cut slope higher than 5 feet and steeper than 2 to 1 (see
Figure 2).
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(d) Fill - A fill, containing only permitted materials less than
1 foot deep, placed on natural terrain slope flatter than
5 to 1, does not exceed 50 cubic yards on anyone site,
including stockpiles, does not alter or obstruct a drain-
age course, will not be used for structural support or
roadways and the area graded or filled does not exceed
11,000 square feet (1/4 acre). This exemption shall not
apply to a fill within a riparian zone.
(e) Basements and Footings - An excavation below finished grade
for basements and footings of a building, retaining wall or
other structure authorized by a valid building permit. This
shall not exempt any fill except as provided under Sec~ 7-1. 03 (d) ,
made with the material from such excavation or
exempt any excavation having an unsupporte4 height greater
than 5 feet after the completion of such structures.
Cf) Cemeteries- Cemetery graves.
(g) Refuse Disposal - Refuse, individual and/or community
sewage disposal sites controlled pursuant to other regu-
lations. \
(h) Wells and Utilities - Excavations for wells, tunnels, or
utilitiEis.
(.i) Exploratory Investigations - Excavations under the direction
of a soils engineer or engin~ering geologist where such ex-
cavation is to be returned to the original condition within
45 days after .the start of work.
(j) Clearing - Clearing an area of 11,000 square feet (1/4 ac~e)
or less on 5% slopes or less.
(k) Agricultural Work -.Normal routine farming activities
necessary to manage land, crops and/or animals for food
production.
(1) Mining, Quarrying, Excavating - Processing, stockpiling of
rock, sand, gravel, aggregate or clay where established and
provided for by law, provided such operations are conditioned
by other permits to preclude discharge of sediments offsite
and provided such operations do not affect the lateral
support or increase the stre~ses or pressure upon any adjacent
or contiguous property.
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Sec. 7-1. 04 HAZARDS
General - No person shall cause or allow ~e persistence of a con-
dition on any site that could cause accelerated erosion. Acceler-
ated erosion shall be controlled and/or prevented by th~ responsible
person or the property owner by using practices outlined hereinafter
as applicable. Additional measures may be necessary, and may be
specifically required by the Building Official when work is on
geological unstable areas, 30% or steeper slopes, and/or on soils
with a severe erosion hazard rating by a USDA Soil Survey. Soil
sterilants that last longer than 4 weeks shall not be used on soils
or slopes which may subsequently need vegetation for erosion and
sediment control.
Where, feasible, erosion hazard problems shall be controlled no
later than the beginning of the next winter or adverse season.
Hazardous Conditions - Whenever the Building Official determines
that any existing excavation or embankment or cut or fill on
private property has become a hazard to life and limb, or en-
dangers property, or adversely affects the safety, use,or
stability of a. public way, drainage channel or causes significant
impact on the natural resources of the area, the owner of the
property upon which the excavation, cut, or 'fill, is located, or
other person or agent in control of said property, upon receipt
of notice in writing from the Building Official shall, within the
period specified ~erein, repair or eliminate such hazard and
conform with the requirements of this chapter.
NO permits of any kind shall be issued if the Building Official
determines that proposed construction work is hazardous to the
extent described above, or the work is subject to a major flood
hazard dangerous to life or property, and which hazard cannot be
eliminated, prevented, or corrected.
Sec. . 7-1. 05 DEFINITIONS
When used in this Chapter, the definitions listed hereunder shall
have the ,meanings as specified in this section:
Accelerated Erosion - Rapid erosion caused by human induced alter-
ation of the vegetation, land surface topography or runoff patterns.
Evidence of accelerated erosion is indicated by exposed soils, active
gullies, rills, sediment deposits, or slope failures caused by
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human activities including grazing promoted by human activities.
Access and Building Envelope - A delineated area within which all
land disturbances for construction of access and/or building will
be confined.
Applicant - Any person, corporation, partnership, association of
any type, public agency or any other legal entity who submits an
application to the Building Official for a permit pursuant to
this Chapter.
Approval - A written engineering or geological opinion concerning
the progress and completion of the wor~.
As Graded - Is the surface Ct:>ndi tions extent on' coinpletiOl1 of grading.
Bedrock - In-place, solid rock.
Bench - A relatively level step excavated into earth material on
which fill is to be placed.
Building Official - The officer or other designated authority
charged with the administration and enforcement of this code,
or a duly authorized representative. For purposes of this Section
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the Building Official shall be the Director of Public Works.
Borrow - Earth material acquired from an off-site or other on-site
location for use in grading on a site.
Clearing - The removal of vegetation and debris down to bare soil
by any method.
Civil Engineer - A professional engineer registered in the state
to practice in the field of civil works.
Civil Engineering - The application of the knowledge of the forces
of nature, principles of mechanics and the properties of materials
to the evaluation, design and construction of civil works.
Compaction - The densification of earth and solids or a fill by
mechanical means.
Development Permit - A permit issued for new land use activities,
building, grading, land clearing, subdivision, planned unit
development, and major plan development.
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Drainage Course - A well defined, natural or manmade channel which
conveys storm water runoff either year r04I1d or intermittently.
Earth Material - Any rock, natural soil or fill and/or any
combination thereof.
Enqineering Geologist - A geologist experienced and knowledgeable
in engineering geology and registered with the St~te to practice
engineering geology.
Engineering Geology - The application of geologic knowledge and
principles in the investigation and evaluation of naturally
occuring rock and soil for use in the design of civil works.
Erosion - The wearing away of the ground surface by the actions
of water, wind, ice, gr~vity, or a combination thereof.
Erosion Control Specialist - A person who is registered in the
State or by ,a professional society and is c~pable of preparing
erosion and sediment control plans. In the event it is the
opinion of the Building Official, such plan requires design of
Civil Works, the specialist must be licensed as a Civil Engineer.
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Erosion Hazards - The susceptibility of a site to erode based
on soiis, condition and steepness of a slope, rock type, vegetation,
and other site factors.
Erosion', Sediment and Runoff ContJ;ol Planning - The application
of the knowledge of erosion and sediment control principals and
practices in the investigation and evaluation for use in the
design of civil works.
Erosion, Sediment and Runoff Control Practices - Methods,
measures, devices, structures, vegetative plantings and/or a
combination thereof designed to control erosion and sediment;
to safely contain and/or dispose of storm water runoff; and to
. stabilize soils and slopes.
Excavation - The mechanical removal of earth materials.
Fill - The deposit of permitted materials by artificial means.
Grade - The vertical location of the ground surface.
a) Existing Grade - The grade prior ,to grading.
b) Rough Grade - An approximate elevation of the ground
surface conforming to the approved plan.
c) Finished Grade - The final grade or surface conditions
of the site which conforms to the approved plan.
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Grading - Any excavation, filling, leveling, or combination thereof
(excludes stripping and/or clearing).
Key - A designed, compacted fill placed in a trench excavated in
earth material beneath the toe of a proposed fill slope.
Land Disturbance - Clearing, stripping, grading or other manipu-
lation of the natural terrain by manual and/or mechanical means.
100-Year Storm - A storm with such intensity and duration that its
magnitude would only 'be exceeded on the average once every 100 years.
Owner - The person or persons shown in the County Recorder's Office
as owner of property.
Permittee - The owner, contractor, or any person undertaking land
disturbance activities upon a site pursuant t~ a permit granted by
the Building Official authorizing performance of a specified
activity.
Runoff - The movement of surface water over ground surface.
Sediment - Eroded earth material that is carried and/or deposited
by water, wind, gravity or ice and is a major source 6f water
pollution.
Site - A lot or parcel .of land or contiguous cooibination thereof,
where land disturbance including ~rosion control, clearing, grading,
or construction are performed, permitted, or proposed.
Slope - An inclined ground surface the inclination of which is ex-
pressed as a ratio of horizontal distance to vertical distance.,
Soil - Naturally occurring superficial deposits overlying bedrock.
Soil Engineer - A civil engineer experienced and knowledgeable in
the practice of soil engineering.
,Soil Engineering - The application of the princ~ples 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.
Stream - Any water course as designated by a solid line or dash
and three dots symbol shown on the largest scale of United States
Geological Survey map most recently published.
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10-Year Storm - A storm with such intensi.ty and duration
that its magnitude would only be exceeded ,on the average once every
ten years.
Terrace - A relatively level step constructed in the face of a
graded slope surface for drainage and maintenance purposes.
Topsoil ~ Loose, friable, organic, and fertile earth materials on
top of a soil profile - usually the "A" horizons.
Unstable Soil - Soil which, in the opinion of the Building Official,
or the Civil Engineer, or the SoilS Engineer or the Geologist, is not
competent to support other soil or fill, to support structures, or
to satisfactorily perform the other functioning for which the soil
is intended.
Sec. 7-1. 06 PERMIT APPLICATION, PLANS, SPECIFICATIONS, AND REPORTS REQUIRED
General - Except as exempted in Section 7-1.03 of this Chapter, no
person shall do., cause, permit, aid, abet, suffer, or furnish equipment or
labor for any clearing, grading, erosion or sediment control work until a
permit has been obtained from the Building Official ,by the owner(s) of the
property or his agent. To obtain a permit, the applicant s~all first file
an application therefore in writing on a form furnished by the code enforce-
mentagency for that purpose..
Cal Application - The application for ~ Permit must include all of the
following items:
(11 Application form.
(2) Two sets of the site map and grading plans.
(31 Two sets of the erosion and sediment control plan, where required.
l41 Two sets of the soil' engineering report, where required.
(5) Two sets of the engineering geology report, where required.
(6) Two sets of the work schedule.
(7) Two sets of a vicinity map showing the location of the site
in relationship to the surrounding area's watercourses, water
bodies and other significant geographic features, and roads
and other significant structures.
(81 Application fees as stipulated in the current issue of the
Uniform Building Code.
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(9) Performance bond or other acceptable security when required.
(10) Two sets of any supplementary material required by the
Building Official.
(b) Application Form - The following information is required on the
application'form,
(1) Name, address and telephone number of the Applicant with date
of application.
(2) Names, addresses and telephone numbers of any and all con-
tractors, subcontractors or persons actually doing the
land-disturbing and land-filling activities and their respective
tasks.
(3) Name(s), address(es) and telephone number(s) of the person(s)
responsible for the preparation of the site map and grading,
plan, erosion and sediment control plan, soil engineering
and engineering geology reports.
(4) Signature(s) of the owner(s) of the site or of an authorized
representative.
(c) Permit Issuance - The Building Orficial may require that operations
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and project designs be modified if delays occur which incur weather
generated problems not considered at the time the permit was issued.
(1) A separate permit shall be required for each site and cover
both excavations and fills, slearing, grading and erosion
control work.
(2) Approval of a permit shall require the abatement of any
existing human-induced or accelerated erosion problems on
the property. The Building Official may seek abatement
recommendation from 'local conservation districts, agencies,
organizations and/or associations when available.
(3) A permit shall authorize only that work which is described
or illustrated on the approved site plans and specifications.
(d) Site MaP and Gradinq Plan - Two sets of the site map and grading
plan shall be required and shall contain all of the following
information,
(1) Existing and proposed topogr~phy of the site taken at a
contour interval sufficiently detailed to define the topo-
graphy over the entire site.
(21 Two contour intervals that extend a minimum of 100 feet
off-site, or sufficient to show on- and off-site drainage.
(3) Site's property lines shown in true location with respect to
the plan's t?pographic information.
(4) Location and graphic representation of all existing and
proposed natural and manmade drainage facilities.
(5) Detailed plans of all surface and subsurface drainage devices,
walls, cribbing, dams and other protective devices to be
constructed with or as a part of the proposed work, together
with a map showing the drainage area and calculations justify-
ing the estimated runoff of the area served by any drain.
(6) Location and graphic representation of proposed excavations
and fills, of on-site storage of soil and other earth
material, and of on-site disposal.
C7) Location of existing vegetation types and the location and
type of vegetation to be left undisturbed.
(8) ;Locatlion of proposed final surface runoff, erosion and
sediment contrd~ practices.
(,9) Estimated quantity of soil or earth material in cubic yards
to be excavated, filled, stored or otherwise utilized on-site.
(J.Q) Outline of the methods to be used in clearing vegetation, and
in storing and disposing of the cleared vegetative matter.
(11) Proposed,sequence and schedule of excavation, filling and
other land-disturbing and filling activities, and soil or
earth material storage and disposal.
(J.~) Location of any buildings or structures including wells and
sewage disposal facilities on the property where the work
is to be perfo~d and the location of any buildings or
structures on land of adjacent owners which are within 100
feet of the property, or which may be affected by the proposed
grading operations.
0.3) North arrow, written and graphic scales.
Specifications shall contain information covering construction and
material requirements.
(el Grading Requirements - All grading in excess of 5000 cubic yards shall
be performed in accordance with the approved grading plan prepared by
a civil engineer, and shall be desi!J'lated as "engineered grading."
Grading involving less than 5000 cubic yards shall be designated
"regular grading" unless the permittee, with the approval of the
Building Official, chooses to have the grading performed as "engineered
grading."
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(1) Engineering Grading. A civil engineer authorized by State law
shall prepare and sign the reports, plans, and specifications
required in Section 7-l.06(d) and 7-1. 06 (f) .
(2) ,
Regular Grading - The Building Official may require,inspection
and testing by an approved testing agency.
The testing agency's responsibility shall include, but need
not be limited to, approval concerning the inspection of
cleared areas and benches to receive fill, and the compaction
of fills.
When the Building Official has cause to believe that geologic
hazards may be involved, the "regular grading" operation
shall be required to conform to "engineered grading require-
ments.1I
(f) preliminary Re?O~t~< When required by the Building Official,
each application for a permit shall be accompanied by two (2)
sets of supporting data consisting of a soil engineering report,
engineering geology report, erosion and sediment control report,
and/or any other reports necessary. During grading, all
necessary reports, compaction data, soil engineer~ng,
engineering geology and erosion and sediment control recommend-
ations shall be submitted to the civil engineer and the Building
Official by the soil engineer, the engineering geologist, and
the erosion control specialist.
(1) The civil enqineering report, when required, shall include,
but not be limited to:
. hydrological calculations of runoff for la-year and
lOa-year storm frequencies and comparison of runoff
without and with project.
. inspection and approval as to establishment of lines and
grades, design criteria for corrective measures, including
the existing and/or required safe storm drainage capacity
outlet of channels bQth on and off-site; and
. opinions and recommendations covering adequacy of site
to be developed by the proposed grading.
(.21 The soil enqineering report, when required, shall contain, but
need not be limited to, all the following information:
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. Data regarding the nature, distribution, strength, and
erodibility of existing soils
. Data regarding the nature, distribution, strength and
erodibility of soil to be placed on the site, if any.
. Conclusions and recommendations for grading procedures.
. Conclusions and recommended designs for interim soil
stabilization devices and measures and for permanent
soil stabilization after construction is completed.
. Design criteria for corrective measures when necessary.
. Opinions and recommendations covering adequacy of sites
to be developed by the proposed grading.
(3) 'The engineering geology report, when required, shall contain,
but need not be limited to, the following information:
. An adequate description of the geology of the site.
. Conclusions and recommendations regarding the effect of
geologic conditions on the proposed development.
. Opinions and recommendations covering the adeqbacy of
sites to be developed by the proposed grading.
. Need for subdrains or other underground drainage devices.
(4) The'erosion and sediment control plan, when required, shall
contain, but need not be limited to, all the following in-
formation:
. A delineation and brief description of the practices to,
retain sediment on the site, including sediment basins ,and
traps, and a schedule for their maintenance and upkeep;
. Ii. delineation and brief description of the surface runoff
and erosion control practices to be implemented, including
types and methods of applying mulches, and a schedule for
their maintenance and,upkeep;
. A delineation and brief description of the vegetative
practices to be used, including types 'of seeds and
fertilizer and their application rates, the type, location
and extent of pre-existing and undisturbed vegetation types,
and a schedule for maintenance and upkeep.
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. The location of all the practices listed ,above, shall be
depicted on the grading plan, or on a separate plan at the
discretion of the Building Official.
. An estimate of the cost of implementing and maintaining. all
erosion and sediment control practices.
(5) Work Schedule. The apPlicant must submit a master work schedule
showing the following information:
. Proposed grading schedule.
. Proposed schedule for installation of all interim and
permanent erosion and sediment control practices.
. Schedule for construction of final improvements, if any.
(g) Engineered Grading. It shall be the responsib~lity of the civil
engineer who prepares the approved grading plan tb incorporate all
recommendations from the soil engineering and engineering geology,
and erosion and sediment control reports into the grading plan after
approval by the Building Official.
(h) Notification of Non-compliance. If, in the coUrse of fulfilling
,
their responsibility under this chapter, the civil engineer, the
soil engineer" the engineering geologist, the erosion control
specialist, or the testi-ng agency' finds that, the work is not being
done in conformance with this Chapter or the approved gradiri.g,plans,
,
the discrepancies shall be reported immediately in writing to the
person in charge of the grading work and to the'Building Official.
Recommendations for corrective measures,if necessary, shall be
submitted.
(i) Transfer of Responsibility for Approval. If the civil engineer, the
soils engineer, the engineering geologist, the erosion control
specialist, or the testing agency of record is changed during the
course of the work, the work shall be stopped until the replacement
has agreed to accept the responsibility within the area of their
technical competence for approval upon completion of the work.
(j) Final Reports. Upon completion of the rough grading work and at the
final completion of the work, the Building Official may require the
following reports and drawings and supplements thereto:
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(1) An ,As-built aradina plan prepared by the civil engineer includ-
ing original ground surface elevations, as-graded ground surface
elevation, lot drainage patterns and locations and elevations of
all surface and sub-surface drainage facilities and provide
approval that the work was done in accordance with the final
approved grading plan.
(2) A Soil Grading Report prepared by the soil engineer including
locations and elevations of field density tests, summaries of
field and laboratory tests and other substantiating data and
comments on any changes made during grading and their effect on
the recommendations made in the soil engineering investigation
report and provide approval as to the adequacy of the site for
the intended use.
(31 A Geologic Grading Report prepared by the engineering geologist
including a final description of the geology of the site includ-
ing any new information disclosed during the grading and the
effect of same on recommendations incorporated in the approved
grading plan and provide approval as to the adequacy of the
site for the intended use as affected by geologic lactors.
(41 An Erosion and Sediment Control Report prepared by the erosion
and sediment contro~ specialist including a final'description
of the erosion, sediment, and runoff control practices applied
on the site, including any new'information disclosed during
site development and the effect of same ,on recommendations
incorporated in the approved grading plan, noting any changes
required and provide approval as to the adequacy of erosion'
and sediment controls,
(k) Final approval shall not be given until all work including installation
of all drainage facilities and protective devices, all erosion and
sediment control, and vegetative measures have been completed in
accordance with the approved plans and the required reports have
been submitted.
(11 Executed contract(s) or deed restrictions requiring maintenance and
upkeep of final plan runoff and erosion control practices for as
long as the Building Official determines neqessary and as approved
in the erosion and sediment control plan.
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(m) Variances. A request for variance from the provisions of this Chapter,
the permit conditions, or the plan specifications may be approved,
conditionally approved, or denied by the Building Official. A request
for a variance must state in writing the provision to be:varied, the
proposed substitute provision, when it would apply and its advantages.
(n) Work Time Limits - The permittee shall fully perform and complete
all the work required to be done within the time limits specified.
If the permittee is unable to complete the work within the specified
time, prior to the expiration of the permit, a request shall be
presented in writing for an extension of time, setting forth the
reasons for the requested extension. If, in the opinion of the
Building Official, an extension is warranted, additional time may
be granted for the completion of the work.
Sec. 7-1.07 FEES
tal Plan~Checking Fee. For excavation and fill on the same site,
the fee'shall be based on the volume of the excavation or fill,
Whichever, is greater, Before accepting a set of plans and
specifications for checking, the Building'Official shall collect
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a plan-checking fee. Separate permits and fees shall apply to
retaining. walls or major drainage structures as indicated else-
where in this code.- There shall be no separate charge for
standard terrace drains, erosion and sediment controls 'and
similar facilities. The amount of the plan-checking f<;>e for
grading plans shall be as set forth in Table No. 70-A.
The plan-checking fee for a grading permit authorizing addi-
tional work to that under a valid permit shall be the difference
between such fee paid for the original permit and the fee shown
for the entire project.
(bl Grading Permit Fees. A fee for eaCh grading permit shall be
paid to the Building Official as set forth in Table No. 70-B.
The fee for a grading permit authorizing additional work to
that under a valid permit shall be the difference between the
fee paid for the original permit and the fee shown for the
entire project.
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TABLE NO. 70-A - PLAN CHECKING FEES
. '50 cubic yards or less . . . . . . . . . . . . . . . . . No fee
51 to 100 cubic yards . . . . . . . . . . . . . . . . . $10.00
101 to 1000 cubic yards. . . . . . . . . . . . . . . . . $15.00
1001 to 10,000 cubic yards . . . . . . . . . . . . . . . $20.00
10,001 to 100,000 cubic yards -$20.00 for the first 10,000
cubic yards, plus $10.00 for each additional 10,000 cubic
yards or fraction thereof.
100,001 to 200,000 cubic yards - $110.00 for the first 100,000
cubic yards, plus $6.00 for each additional 10,000 cubic
yards or fraction thereof.
200,001 cubic yards or more - $170,00 for the first 200,000
cubic yards, plus $3.00 for each additional 10,000 cubic
yards or fraction thereof.
other Inspections and Fees:
Additional plan review required by changes, additions or
revisions to approved plans . . . . . . . . . . . . . $15.00 per hour
(minimum charge - one-half hour)
TABLE NO. 70-B- GRADING PERMIT FEES
. 50 cubic yards or less . . . . . . . . .. . . . . . . . $10.00
51 to 100 cubic yards . . . . . . . . . . . . . . . \ . $15.00
101 to 1000 cubic yards - $15.00 for the first 100 cubic
yards plus $7.00 for each additional 100 cubic yards
or fraction thereof.
1001 to 10,000 cubic yards - $78;00 for the first"l,OOO cubic
yards, plus' $6.00 for each additional 1,000 cubic yards or
fraction thereof.
10,001 to 100,000 cubic yards -. $132.00 for the f,irst 10,000
cubic yards, plus $27.00 for each additional 10,000 cubic,
yards or fraction thereof.
100,001 cubic yards or more - $375.00 for the first 100,000
cubic, yards, plus $15.00 for ,each additional 10,000 cubic
yards or fraction thereof.
other Inspections and Fees:
l. Inspection outside of normal business hours . . . . . . . . $15.00 per hour
(minimum charge - two hours)
, 2. Reinspection fee assessed under provisions of
Section 305 (h) . . . . . . '. . . . . . . . . . . . . . $15.00 each
3. Inspection for which no fee is specifically
indicated . . . . . . . . . . . . . . . . . . . . . . . $15.00 per hour
(minimum charge - one-half hour)
-15-
Sec. 7-1. 08 BONDS AND SECURITIES
The Building Official may require bonds in such form and amounts as
may be deemed necessary to assure that the work; if not completed in
accordance with the approved plans and specifications, will ~ corrected
to eliminate hazardous conditions.
In lieu of a surety bond the applicant may file a cash bond or
instrument of credit with the Building Official in an amount equal to
that which would be required in the surety bond.
The surety bond, or in lieu thereof, less the costs of remedial
work, if any, shall be released when the Building Official determines
that the erosion and sediment control practi~es have permanently
stabilized the site, but not later than 18 months after installation
of all permanent erosion ,control practices.
Sec. 7-1. 09 DESIGN STANDARDS FOR CUTS AND EXCAVATIONS
General - Unless otherwise recommended in the soil engineering and/or
engineering geology ,reports approved by the Building Official, cuts and
excavations shall conform to the provisions of this Section.
(a) , Slope - The slope of cut surface shall be' no steeper than is
safe for the intended use. Cut slopes shall be no steeper
that 2 hc.rizontal to 1 vertical. Due to individual site soils
and geology, flatter and shorter slope lengths may be required,
or steeper and longer slope l~ngths may be allowed upon review
by the Building Official when he is presented with evidence
that this is consistent with the building and safety. Cut
slopes shall be rounded off so as to blend in with natural
terrain.
(b) StoCkpiles - Stockpile material for trenches and pits will be
put adjacent to the excavation to be promptly backfilled and
compacted into trenches and pits. Excavated material not
needed at the site will be removed or disposed of as approved
by the Building Official.
(c) Vegetative Protection - All earth cuts shall be planted with
temporary and permanent vegetation or otherwise protected fran
the storm runoff erosion within 30 days of the canpletion of
final erosion control and grading work. Planting shall be
watered or irrigated to establish a root system before the
rainy season, if determined necessary by the Building Official.
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- ---.- ---
-
Sec. 7-1. 10 FILLS
General - Unless otherwise recommended in the soil engineering and/or
engineering geology reports approved by the Building Official, fill shall
conform to the provisions of this section.
In the absence of an approved soil engineering report, these provisions
may be waived for minor fills not intended to support structures.
(a) Fill Location - Fill shall not be constructed on natural slopes steeper
'than 2 to 1, The area beyond the toe of the fill shall be sloped for
sheet overflow or a protected drain shall be provided.
(b) Fill Slopes - The slope of fill surfaces, can be no steeper than
is safe for the intended use, Fill slopes shall be no steeper
than 2 to 1. Due to individual soil properties, shorter and
flatter slopes may be required or steeper and longer slopes may
be allowed upon review by the Building Official if he is
presented with evidence that the deviations are consistent with
stability and safety. Fill slopes shall be rounded off so as
to blend with the natural terrain.
(c) Ground Preparation - Natural ground surface over which fills
are planned shall first be cleaned of all trash, vegetation,
stumps, debris, non-complying fill, and other unsuitable
materials and shall be scarified prior to the placement of
the fill. Topsoil shall be removed and stockpiled for use in
final grading. Where,slopes are 5:1 or steeper and height is
greater than 5 feet, a bench 10 feet wide minimum Shall be dug
as determined by the soils engineer, into undisturbed, solid
competant soil or bedrock beneath the toe of the proposed fill.
The bench must be inspected and approved by the soils engineer
and/or engineering geologist as a suitable foundation before
placing fill. The area beyond the toe of fill shall be
sloped for sheet overflow or a paved drain shall be provided.
(d) Materials Permitted - Only permitted material free from tree
stumps, detrimental amounts of organic matter, trash, 'garbage,
sod, peat and/or similar materials shall be used. Rocks
larger than twelve (12) inches in greatest dimension shall not
be used unless the method of placement'is properly devised,
-17-
oontinuously inspected, and approved by the Building Official.
Rock disposal areas shall be delineatep. on the grading plan.
The following shall also apply:
(1) Rock sizes greater than 12 inches in maximum
dimension shall be 10 feet or. more below grade,
measured vertically.
(2) Rocks shall be placed so as to assure filling of
all voids with fines.
Topsoil is to be used in the top 12-inch surface layer to aid
in planting and landscaping.
(e) Compaction of Fill - All fills shall be compacted to a minimum
relative dry density of 90 percent as determined by ASTM
D-1557-78 or U.B.C. Standard No. 70-1. Field density veri-
fication shall be determined in accordance with UBC Standard
No. 7,0-2 or by an approved equivalent. A higher relative dry
density and/or additional compaction tests may be required at
any time by the Building Official.
(f) Vegetative Protection - All earth fills shall be planted with
temporary and permanent vegetation or otherwise protected from
the effects of storm runoff erosion within 30 days of the
completion of final grading,anp. planting shall be watered
or irrigated to establish a root system, .if determined
necessary by the Building Official.
Sec. 7-1. 11. DESIGN STANDARDS FOR CUT AND FILL SETBACKS
General- The setbacks and other restrictions specified by this
section are minimum and may be increased by the Building Official or
by the recommendation of a civil engineer, soils engineer or engineer-
ing geologist, if necessary for safety and stability or to prevent
damage of adjacent properties from deposition or erosion or to provide
access for slope maintenance and drainage. Retaining walls may be .used
to reduce the required setbacks when approved by the Building Official.
(a) setbacks from Property Lines - The tops of cuts and toes of
fill slopes shall be set back .from the outer boundaries of
the permit area, including slope-right. areas and easements,
in accordance with Figure No. 1 and Table No. 70-C.
-18-
,
(b) Design Standards for Setbacks - setbacks between graded slopes
(cut or fill) and structures shall be ,provided in accordance
with Figure No. 2.
., To,
J Slopt-
H/
l NIIU;:; o~; Fioish GraJe
.P.:rmil Area Bul,mdilry FIGURE NO.1
TABLE NO. 71J'C
REQUIRED SETBACKS FROM PERMIT AREA BOUNDARY
ON FEET)
SETBACKS
H a b'
Under 5 {) 1
5-30 H/2 HIS
Over 30 IS f>
'Addilional width may be rftluired for -ilucrceptor drain.
'"..1:01
FOOIin.
Top~11
Si(>I'(.
i
H.:! but nud llOIe~~-m.lI~' ~1iI\.
F~GURENO.2
-19-
(c) Stream & Riparian Setback - Tops and toes of cut and/or filled
slopes shall be set back far enough to prevent encroachment
upon streams, flood plains, or channels, or body of standing
water to provide and maintain an undisturbed prote~tive strip
between. the grading and the riparian corridor. This strip
shall have sufficient filter capacity to prevent degradation of
water quality, as determined by the erosion and sediment control
specialist and approved by the Building Official. If it is
determined that the filter capacity of the protective strip
is insufficient, or development activity will encrOac~ upon
riparian zones, additional setback distance and/or erosion
control practices may be required.'
(d) Retaining Walls - Retaining walls when keyed into stable
foundations and capable of sustaining the design loads, may
be used to reduce the required cut and fill setbacks when
recommended by the civil or soils engineer, or engineering
geologist and approved by. the Building Official.
(e) Other Restrictions and/or Minimums - Other requirements may
also be increased or relaxed upon review by the Building
Official if he finds the deviations consistent with safety
and stability and to provide access for slope maintenance
and drainage.
Sec. 7-1.12 DESIGN STANDARDS FOR DRAINAGE AND TERRACES
General - Drainage facilities and terraces shall conform to the pro-
visions of this section unless otherwise indicated on the approved permit
and plans. To the greatest extent possible, peak storm drainage runoff
and sediment rates may not exceed predevelopment rates. If rates are
substantially greater than predevelopment rates, off-site erosion, sediment
and flood control improvements to the principal drainageway may be re-
quired to handle the runoff increase or peak discharges.
(a) Runoff Calculations - The approved plans shall show by table
and/or calculations the peak rate of storm runoff both before
and after development. To reduce runoff and sediment - a
combination of storage and controlled release of storm water
runoff may be required. Calculations .may be required to
assure the Building Official that the cumulative effects of
-20-
------ --_._~.._'-
retarding tributary flows will not have an adverse affect upon
ultimate peak discharge through a cha~el due to modifications
to the overall hydrograph for the channel resulting from said
retarding.
(b) Drainage Facilities -
(1) Disturbance of natural 'drainage ways shall be kept to a
minimum and existing drainage courses shall not be obstructed
or obliterated without mitigating measures installed that
have been approved by the Building Official.
Grading equipment shall not disturb or cross flowing
streams unless absolutely necessary and only with prior
approval from the Building Official. It is the respon-
sibility of the permitte~ to secure any additional permits
from agencies exercising jurisdiction over the stream.
(2) Whenever a grading operation obstructs or impairs the flow
of runoff in an existing drainage course, a culvert, bridge
or other suitable drainage facility ~esigned and acceptable
to the Building Official shall be installed to convey the
the flow past the point of impairment. No construction
materials or construction by-products shall be discarded
in any drainageway or riparian zoned.
,
(3) Drainage facilities including culverts, pipe drains, paved,
rock, or vegetative channels shall, be designed to safely
carry existing and potential off-site runoff from a fully
developed area upstream as well as local on-site surface
and subsurface waters to the nearest adequate drainage
course designated for such purposes by the Building Official
and/or other appropriate jurisdiction as a safe place to
discharge such waters. Properly designed energy dissipators
may be required at the point of discharge.
(4) Culvert size and materials shall be deterDdned by the civil
engineer in accordance with standard design criteria and as
approved by the Building Official. Minimum diameter shall
be 18 inches.
(5) Cuts, fills, and retaining walls shall have subsurface
drainage facilities as necessary for stability.
-21-
(6) Berms, ditches, interceptor drains, or swales, shall be
constructed at the top of cut and filled slopes for
protection against water runoff. Paved interceptor drains
shall be installed along the top of all cut slopes where
the tributary drainage area above slopes towards the cut
and has a drainage path greater than 40 feet ~easured
horizontally. Interceptor drains shall be paved with a
minimum of 3 inches of concrete or gunite and reinforced.
They shall have a minimum depth of 12 inches and a
minimum paved width of 30 inches measured horizontally
across the drain. The slope pf drain shall be approved
by the Building Official. Energy dissipators may be re-
quired by the Building Official.
(7) A minimum five percent (5') grade between approved storm
drainage facilities and all building pads, yards, roof
.drains and driveways is recommended.
Building pads shall have a drainage gradient of 2 percent
toward approved drainage facilities, unless waived by the
Building Official.
EXCEPTION: The gradient from the building pad may be 1
percent if all of the following conditions exist through-
out the permit area:
A.I No proposed 'fills are greater .than 10 feet in maximum
depth.
B. No proposed finish cut or fill slope faces have a
vertical height in excess of 10 feet.
C. No existing slope faces, which have a slope face
steeper than 10 horizontally to 1 vertically, have
a vertical height in excess of 10 feet.
ec) Terraces - Terraces at least 6 feet in width shall be
established at not more than 30-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 greater than 60
feet and up to 120 feet in vertical height, one terrace at
approximately mid-height shall be 12 feet in width. Terrace
widths and spacing for cut and fill slopes greater than 120
-22-
feet in height shall be designed by the civil engineer and
approved by the Building Official. 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 or an approved equal paving.
They shall have a minimum depth at the deepest point of I
foot and a minimum paved width of 5 feet.
A single run of swale or ditch shall not collect runoff from
a tributary area exceeding 13,500 square feet (projected)
without discharging into a down drain.
Sec. 7-1.13 DESIGN STANDARDS FOR EROSION AND SEDIMENT CONTQDL
General - During site planning access and building envelopes should
be arranged so as to minimize disturbance of particularly erodible areas.
These plans should reflect the arrangement and specifically stipulate
areas to remain undisturbed.
All streams, flood plains, channels, bodies of. standing water, or
other riparian areas shall be identified and delineated on the development
plans. If it is determined that certain development activities in or near
the riparian zones would be detrimental, those activities may be prohibited.
Exposed soil and slopes shall be p~otected from erosion by temporary
and/or permanent measures.
As soon as possible and feasible following completion of each stage
of grading and/or construction, all sites will be permanently stabalized
by installing all required erosion and sediment control practices to in-
sure protection before the normal beginning date of winter or adverse
season.
(a) Slope - Structures on existing slopes exceeding 30% shall
utilize pole, step or other such foundation that does not
require major land disturbances.
(b) Runoff Control - Where concentrated runoff will occur, it
shall be carried in pipe or culvert conduits or over a non-
erodible surface (paved, rocked, or vegetated) to stable dis-
charge points clearly shown on the development plans. All
conduits must have proper energy dissipators at the point of
discharge when necessary to prevent erosion.
-23-
(c) Building Site Runoff - Runoff from buildings, roads, driveways
and the total site area shall be controlled by berms, swales,
ditches, structures, vegetative filter strips and/o~ catch-
basins to prevent the escape of sediment from the slte.
(d) Vegetative Removal - Development plans shall, indicate the
areas where vegetation is to be removed and replaced within'
the building and access envelopes. Vegetation removal shall
be limited to that amount necessary and as indicated on the
approved development plan. The method and time shall be such
that the erosive effects are minimized.
~) Vegetative Disposal - Vegetation removed during clearing
operations shall be disposed of in a manner approved by the
Building Official. Burning shall comply with local air
quality standards and no long branches or charred pieces shall
be permitted to remain.
(f) Topsoil - To promote regrowth of vegetation, topsoil graded
from cuts and fills and/or secured from other sources shall
be stockpiled and/or reapplied upon completion of grading on
slopes steeper than 4:1. Soil stockpiles shall be protected
from erosion at all times.
~) Vegetative Protection - When needed and planned, all bare
slopes ~~d/or disturbed areas 'will be planted to both temporary
and pe~a~en~ vegetation as each stage of grading is completed.
Sufficien~ teMporary, rapid growing vegetation to stabilize
the soil wil~ be used until the permanent vegetative cover
grows or matures enough to provide permanent stability.
~) winter and/or Adverse Season Operations -
(I) Land dist~rbance or development operations may be
restricted or temporarily halted during the normal
winter or rainy season, and/or other times whenever
the Building Official determines that the weather,
soil, slope and general site conditions may cause
serious accelerated erosion or sediment damage either
on-site or downstream. Existing ground cover shall not
be clearec, destroyed, burned or disturbed more than 15
days prior to grading or construction work unless approved
in advance by the Building Official.
-24-
(2) Plans for temporary and/or permanent erosion and sediment
control shall be submitted to the Building Official 45
days prior to the normal start of the winter and/or
adverse season and all approved erosion and s~diment
control practices be installed by the end of the 45
day period.
(3) When land development work is allowed during the normal,
winter or rainy adverse season, adequate erosion and
sediment control measures must be in place during any
land disturbance, and tempor.ary erosion control measures
must be applied to all soils bared at the end of each
working day. Sufficient erosion control materials shall
be kept on the site at all times to be installed immediately
by the permittee upon advent of any rainfall; winds, or
other storm event that may be expected to cause accelerated
erosion.
(4) All cut and fill slopes, except sand slopes or dunes,
without satisfactory vegetative cove+ between growing
seasons shall be mulched with a minimum of 4,000 pounds
of straw or equivalent per acre of slope surface. Mulch
will be anchored to the slope by punching or tacking into
the soil or with netting installed over the mulch.,
Additional mulching and/or other anchoring methods as
recommended by the erosion control specia~ist maybe
required by the Building Official.
(5) Within 10 working days after seeding, fertilizing and/or
mulching, when required by the Building Official due to
climate or drought conditions, the permittee will commence
irrigation or watering of the seeded areas or slopes and
shall continue until the rains come and/or a vegetative
ground cover is permanently established. All other
erosion and sediment control practices shall be installed
prior to seeding and mulching.
(6) All erosion and sediment control practices shall be closely
monitored throughout the winter and/or rainy season and
problems corrected promptly. All erosion and/or slippage
of cut and fill banks shall be repaired by the permittee
at his expense.
-25-
(i) Dust - Dust from grading operations must be controlled. The
permittee may be required to keep adequate equipment on the
grading site to prevent dust problems.
(j) Erosion Control Coordination with Project Installation -
(1) All vegetative and/or structural measures required to
safely discharge any accelerated runoff generated by
the project should be scheduled for installation during
the first or initial construction phase of the project.
(2) Land shall be developed in units of workable size which
can be completed in a single construction season.
Erosion and sediment control measures shall be coordinated
with a sequence of grading operations and all appropriate
erosion control measures shall be put in effect prior to
the commencement of the next work unit and/or winter or
normal rainy season.
(3) Prior to completion arid final acceptance of the project,
all erosion control measures must be ,in place and all
exposed bare soil shall be mulched, fertilized and planted
to a permanent vegetative cover. Native or naturalized
vegetation should be used. Upon recommendation by the
erosion control specialist, the Building Official may
require watering of planted areas to initiate and assure
growth.
(k) Livestock - Where necessary to assure that water quality is not
affected by the keeping of livestock, vegetative buffer and/or
filter strips shall be established on all downhill sides of
areas where livestock are kept. The width of the buffer strip
shall be determined by the erosion control specialist. Also,
additional erosion and sediment control practices may be re-
quired by the Building Official to control runoff and pollution,
from the areas where livestock have destroyed and torn up the
protective vegetation.
el) Maintenance - All on-site erosion control facilities shall be
properly maintained by the owners for the life of the project
so that they do not become nuisances with stagnent water,
heavy algae growth, insect breeding, odors, discarded debris,
and/or safety hazards. Vegetative maintenance required may
include mowing, fertilization, irrigation and/or reseeding.
-26-
Sec. 7-1J.4 INSPECTIONS AND COMPLIANCE
General - Excavation, grading, filling, clearing and erosion control
work for which a pennit is required shall be subject to inspection by the
Building Official. The Building Official may require supervi'sion,
regular inspection, and special testing be performed and certified by the
civil engineer (or other professional) who prepared the approved plan;
and the civil engineer shall also be responsible for the professional
inspection and approval of work 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 Building Official may also require special supervision, inspection,
and testing be done by an independent approved testing agency to ensure
compliance' with this ordinance, the permittee's permit conditions, and/or
in accordance with the provisions of Sections 306 of the UBC and 7-1.06.
The'Building Official shall inspect or provide for adequate in-
spection the project by appropriate'professionals at the various states
of the work requiring approval and at any more frequent intervals
necessary to detennine that adequate oontrol is being exercised by the
professional consultants.
(j!.) Inspections Required - The following inspections shall be re-
quired, but not limited to:
(1) Pre-site inspection to determine the suitability of the
proposed project and the existing and potential erosion
and sediment hazards.
(2) Periodic ongoing project operations progress, including
compaction and special testing as may be required by the
approved plan.
(3) Final inspection determining compliance withterrns and
conditions of this ordinance and pennit. Final approval
shall not be given until all work including installation
of all drainage facilities and their protective devices
and all erosion control measures have been completed in
accordance with the final approved plan and the required
reports have been submitted.
-27-
-
(b) Notification - The permittee shall notify the Building Official
two working days prior to the beginni~g of the operation authorized
by the permit, two working days before the project is ready for
final inspection, and one complete working day prior to any
other inspection or testing requested by the permittee.
Cc} Right of Entry - Filing for a permit under this ordinance
constitutes a grant of permission for the City to enter the
permit area for the purpose of administering this ordinance
from the date of the application to the termination of the
erosion control maintenance period. If necessary, the Build-
ing Official shall be supplied with a key or lock combination,
or permitted to install a City lock.
Cd) Notice of Violation Recordation - Whenever the Building Official
determines that work has not been completed in accordance with
a permit or the plans and specifications relating thereto, or
whenever the Building Official determines that work has been
done without the required permit, the Building Official may
record a Notice of Violation. The owner(s) of the property,
as revealed by the assessment roll, on which the violation is
situated and any other person responsible for the violation
shall be notified of the recordation, if their address is
available.
If the Responsible Party fails to act in response to written
notification of the Building Official, an erosion problem may
be declared a public nuisance and may be abated according to
procedures in the City code. lihere there is an emergency 'con-
dition of erosion or sediment damaging a waterway, marsh, .other
body of water, or private or public property, the Building
Official may have the necessary corrective Work done and then
bill the responsible party or place a lien against the offending
property.
(e) Additional Procedures to RemedY Unauthorized Gradinq Without a
Permit _ Findinqs and Declaration - The City Council finds and
declares that unauthorized grading without a permit often re-
sults in soil erosion, drainage, visual and other destructive
-28-
long-term impacts which are not satisfactorily alleviated or
corrected by the usual enforcement procedures, such as criminal
violations or judicial proceedings concerning publ{c nuisances.
Further, such grading often causes harm unique to the graded
parcel and the properties surrounding it, and the long~term
correction measures for each such unauthorized grading requiEes
detailed consideration and formulation, usually after formal
public hearings.
(1) Upon discovery of unauthorized grading without a permit,
the Building Official shall, where feasible, contact the
owner of the property upon which the grading occurred, and
the person who did the grading. If the Building Official
and the owner and contractor can agree within thirty (30)
days upon a remedial program which can be accomplished in
no more than ninety (90) days, no further City action shall
be required at that time. The Building Official shall ob~
tain a cash bond from the owner or contractor, payable upon
request, and a right~of-entry form signed by the owner, to
guarantee the City's right to do the remedial program as
agreed if not done by the owner or contractor within the
agreed time period.
(2) If the Building Official cannot reach' such a satisfactory
agreement, he shall, within thirty (30) days, submit a
detailed report and recommendations to the City Manager
and City Council requesting the initiation of formal council
proceedings under the City's nuisance abat~nt ordinance
to abate the public nuisance created on the premises by the
unauthorized grading. The object of such proceedings'shall
be the ordering of corrective measures, subject to the City's
power to correct the problem and place a lien upon the real
property for all costs of correction. For purposes of the
nuisance abatement proceedings, the Council hereby declares
that unauthorized grading without a permit is a public
nuisance per see
Sec. 7-1.15. Appeals.
Any person may appeal any order, requirement, decision, or determination
of the Building Official as follows:
-29-
(a) Appeals shall be made in writing and filed with the City Clerk
within five (5) days after the final action of the Building Official. ~e
City Clerk shall notify the Building Official of such appeal. J
(b) The Building Official, upon receipt of the notice of appeal,
shall prepare a report of the facts pertaining to his decision and shall
submit such report to the Council, along with the reasons for his action,
(c) The Council shall then affirm, revise, or modify the decision
of the Building Official. If the Council does not take any action on the
appeal within sixty (60) days after the filing of such appeal, the Building
Official's action shall be deemed affirmed.
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