Banning Municipal Code Ch. 18.24 Grading Fees and Securities

Before accepting an application and a set of plans and specifications for review, the city engineer shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this ordinance shall pay all fees and/or deposits as required by this ordinance and by city council resolution establishing applicable fees and deposits.

(Ord. No. 1388, § 4, 7-14-09)

A. All applicants requesting a mass, rough, or precise grading permit, stockpile permit, or administrative clearing permit as required by this ordinance shall pay all fees and/or deposits as required by this ordinance and by city council resolution.

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 as indicated in the city's fee schedule.

C. A separate permit shall be required for each separate (noncontiguous) site. One permit may cover both an excavation and a fill on the same site.

D. Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this ordinance, except where it can be proven to the satisfaction of the city engineer that an emergency existed that made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this ordinance.

(Ord. No. 1388, § 4, 7-14-09)

Before accepting a geotechnical (soils) report for review, the city engineer shall collect a report review fee. A separate fee will be charged for each individual report fee submitted for review. The amount shall be as set forth by city council resolution.

(Ord. No. 1388, § 4, 7-14-09)

After submittal and commencement of processing by the city, no fee collected pursuant to this division, shall be refunded in whole or in part, except as provided as follows:

A. Inspection fees may be refunded, less any city expenses incurred, including an overhead charge of twenty percent, at any time prior to the start of the work authorized by the permit, upon the applicant's written request, provided the grading application has expired or has been withdrawn.

B. No refund shall be made if corrective work remains to be done on the grading work itself.

C. No refund shall be made pursuant to this section if a request for refund is submitted to the city more than one year from the date of payment of the fee as to which a refund is claimed.

(Ord. No. 1388, § 4, 7-14-09)

If the city engineer performs emergency work relating to grading and erosion and sediment control on private property, he shall charge the property owner all direct and indirect costs that are necessary to complete the work to his satisfaction. Any costs assessed against the property owner under this section may be appealed to the city council in accordance with section 18.27.100, "appeals" of this ordinance.

(Ord. No. 1388, § 4, 7-14-09)

A. Security Required. A grading permit shall not be issued unless the permittee first posts a security with the city comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the State of California, in an amount specified in Subarticle 9 of the grading manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance, as follows:

1. A cash deposit, in accordance with Subarticle 9 of the grading manual, may be required by the city engineer to ensure the elimination of hazardous conditions and the emergency maintenance of erosion and sediment control systems.

2. A cash deposit, in accordance with Subarticle 9 of the grading manual, may be required by the city engineer for stockpiles to ensure their removal in accordance with Section 18.09.120(C), "types of permits" of this ordinance.

3. On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or other approved security that covers all such projects may be accepted in an amount determined by the city engineer.

B. Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order work required by the permit to be completed or put in a safe condition to his satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done.

C. Default in Performance Conditions. Whenever the city engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this ordinance, written notice thereof shall be given to the principal and to the surety named on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work. After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. The surety shall pay the city for actual costs in accordance with Section 18.24.100, "cost recovery fees" of this ordinance.

(Ord. No. 1388, § 4, 7-14-09)