Aliso Viejo Municipal Code Art. VII Security

A. Grading Permit Security Required – Exceptions. A grading permit shall not be issued unless the permittee shall first post with the building official grading permit security in a form and amount set forth in the grading manual. The grading permit security is required to assure that the work, if not completed in accordance with approved plans and specifications, will be corrected to eliminate hazardous conditions and/or correct conditions that pose a threat to environment resources including but not limited to a threat to water quality. This requirement may be waived at the discretion of the building official if the building official determines that:

1. No hazardous situation is likely to occur as a result of incomplete or improper grading; or

2. No adverse effect is likely to occur to subject property, adjacent property or an existing or proposed structure thereon as a result of incomplete or improper grading; or

3. No significant drainage, erosion, flooding or siltation problems will exist as a result of incomplete or improper grading; or

4. No adverse geological or environmental impacts will occur as a result of incomplete or improper grading; or

5. No conditions of the grading permit warrant a financial guarantee to assure their satisfactory completion.

B. Multiple Projects. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) form of grading permit security which will cover all such projects may be accepted and the amount determined by the building official.

C. Additional Grading Permit Security. Additional grading permit security in an amount determined by the building official may be required to ensure the completion of finish grading under the grading permit as a condition of occupancy and energizing utilities. Grading permit security in an amount determined by the building official may be required for grading permits involving temporary earthen stockpiles to ensure their timely removal.

D. Failure to Complete Work. In the event of failure to comply with all of the conditions and terms of the grading permit, the building official may order the work authorized by the grading permit to be completed or put in a safe condition to the building official’s satisfaction.

E. Default in Performance of Conditions. Whenever the building official finds or determines that a default has occurred in the performance of any requirement of a condition of a grading permit, or there is a failure to comply with an order issued pursuant to subsection (D) of this section, written notice thereof shall be given to the permittee and, when applicable, to the surety on the bond or other security. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the building official to be reasonably necessary for the completion. After receipt of such notice, the permittee and, if applicable, surety, shall within the time specified, cause or require the work to be performed. If the work is not performed, the estimated cost of performing the work shall be demanded from the surety or, if there is no surety, obtained from the security, and the building official shall cause such work to be performed and completed. The cost of the work shall include a mobilization charge as specified in AVMC 13.08.260. [Ord. 2010-126 § 1 (Exh. A); Ord. 2003-044 § 2 (7-1-829)].