Banning Municipal Code Ch. 18.27 Organization and Enforcement

The provisions of the California Building Code Section 104, "Duties and Powers of the Building Official", of Appendix Chapter 1 "Administration" shall apply to the city engineer and his or her representative for all grading construction and earthwork to be done as required by any conditions of a permit issued pursuant to this ordinance.

(Ord. No. 1388, § 4, 7-14-09)

A. It shall be unlawful for any person, firm or corporation to do grading work in the City of Banning, or cause the same to be done, contrary to or in violation of any of the provisions of this ordinance or state or federal law.

B. The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of occupancy may be withheld on property on which a violation of the provisions of this ordinance exist, including work not performed in accordance with the approved plans, until such violation(s) has been corrected to the satisfaction of the city engineer.

C. Any person, firm, or corporation violating any of the provisions of this ordinance shall be deemed guilty of a misdemeanor. Each such person, firm or corporation shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violations of any provisions of this ordinance are permitted, continued or committed by such person, firm or corporation and shall be punishable as provided for in Chapter 1.28, "general penalty" of the Banning Municipal Code.

(Ord. No. 1388, § 4, 7-14-09)

A. Hazardous conditions exist when the state of any natural ground, natural slopes, excavation, fill or drainage devices are situated on private property in such a manner that they are a hazard to life or limb, or a danger to public safety, or endangers the safety, usability, or stability of adjacent property, structures or public facilities.

B. The city engineer or their designee (including city code enforcement) may examine, or cause to be examined, every condition reported as hazardous as set forth in subsection (A) of this section.

C. Upon confirmation of a hazardous condition, the city engineer or their designee (including city code enforcement) shall provide written notification to the permittee, owner or agent in control of property with confirmed hazardous condition, requiring mitigation of said hazardous condition and stipulation of an acceptable time frame for compliance.

D. The permittee, owner or agent in control of the property shall comply with any demand for corrective work or repairs as required. In the event that corrective action is not completed within the period specified in writing, the city may exercise any available recourse for correction of said hazardous condition in accordance with Chapter 8.48, "nuisances" of the Banning Municipal Code.

(Ord. No. 1388, § 4, 7-14-09)

For purposes of this ordinance, the following shall constitute a public nuisance:

A. Any grading or other work conducted without a permit where it is required by this ordinance.

B. Any grading or other work done in violation of any of the conditions imposed thereon by a permit issued pursuant to this ordinance.

C. Any grading or other work, which fails to be done as required by any conditions of a permit issued pursuant to this ordinance.

D. The existence of a hazardous condition as defined in Section 18.27.060, "hazardous conditions" of this ordinance upon the determination by the city engineer that such condition exists.

(Ord. No. 1388, § 4, 7-14-09)

A. The applicant, permittee, or any person(s) not satisfied with the decision by the city engineer in regards to issuance of a grading permit or the performance of the permitted work, may file a written appeal to the city clerk for a hearing before the city council.

B. Any such appeal must be made within three calendar days following the decision.

C. The city council will set a hearing to consider the appeal at the earliest possible regularly scheduled city council meeting.

D. The city council, after receiving and considering all testimony and pertinent documents, may:

1. Uphold the city engineer's decision; or

2. Approve the appeal; or

3. Modify the city engineer's decision, consistent with the requirements of this ordinance.

(Ord. No. 1388, § 4, 7-14-09)