Chico Municipal Code Ch. 16.22 Grading Regulations - General Provisions

The purpose of the grading regulations adopted by this title is to safeguard life, property and the environment from the hazards and effects of grading work performed within the city.

(Ord. 1847 §2 (part))

The building official shall be primarily responsible for the administration of the grading regulations adopted by this title, subject to the overall direction and control of the director. In carrying out such responsibility, the duties of the building official shall include but not be limited to the application of the grading standards adopted by Chapter 16.26 of this title, issuance of the grading permits required by Chapter 16.28 of this title, conduct of the inspections and tests required by Chapter 16.30 of this title, and undertaking the enforcement actions provided for by Chapter 16.32 of this title.

(Ord. 1847 §2 (part), Ord. 2012 §3 (part), Ord. 2364 §323)

The building official shall make available in the offices of the building division, for review by the public, at least one copy of all uniform codes or other grading standards adopted by or pursuant to Chapter 16.26 of this title.

(Ord. 1847 §2 (part))

Any notice required to be served on a person pursuant to the provisions of the grading regulations adopted by this title shall be deemed served when made in writing and either personally delivered to such person or deposited in the U.S. mail, registered and postage prepaid, addressed to such person’s last known address. However, when a notice is required to be served on the owner of any property, such notice may be served by depositing a copy of same in the U.S. mail, registered and postage prepaid, addressed to the owner of the property at the address as it appears on the last equalized assessment roll of the County of Butte. Service of a notice by mail in a manner provided by this section shall be effective on the date of mailing and the failure of any person to receive such notice shall not affect the validity of the notice.

(Ord. 1847 §2 (part), Ord. 2268

A. Right to Administrative Review. Any person aggrieved by a determination made or action taken by the building official under the grading regulations adopted by this title may apply to the director for administrative review of such determination or action.

B. Applications for Administrative Review. Applications for the administrative review of a determination made or action taken by the building official shall be in writing and shall be filed in the office of the director no later than 15 days following the date such determination or action was made or taken, or where a written notice of such determination or action is required to be served, no later than 15 days following the date such notice is served; provided, however, that the director may extend the time for filing an application for administrative review of a determination made or action taken by the building official for good cause shown. In addition to setting forth a request for administrative review of a determination made or action taken by the building official, such application shall contain a brief statement of the reasons why the applicant believes such determination or action does not comply with the grading regulations adopted by this title and the relief requested by the applicant from such determination or action.

C. Decision on Application for Administrative Review. Upon the filing of an application for administrative review of a determination made or action taken by the building official, the director shall consider the application and render a decision either affirming the determination or action of the building official or reversing or modifying such determination or action. Prior to rendering a decision, the director may, with sole discretion, convene an informal hearing for the purpose of reviewing evidence or hearing arguments bearing on such decision. Notice of the date, time and place of such hearing shall be served a reasonable time prior to the hearing on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision. After rendering a decision, the director shall promptly inform the building official of the decision and cause a notice of the decision to be served on the applicant and any other person who would be aggrieved by a decision reversing or modifying the determination or action of the building official and who has filed with the director a written request for notice of such decision.

D. Stay of Determination Made Or Action Taken by Building Official Pending Administrative Review. Any determination made or action taken by the building official, save and except for an order revoking a permit, or an order to stop work which is made by the building official pursuant to Chapter 16.32 of this title, shall be stayed pending a decision of the director on an application for administrative review of such determination.

(Ord. 1847 §2 (part), Ord. 2012 §3 (part), Ord. 2268, Ord. 2364 §324)

A. Right to Appeal. Any person aggrieved by a decision of the director following the filing of an application for the administrative review of a determination made or action taken by the building official, may appeal such decision to the city council within the time and in the manner provided for by Title 2 of this code.

B. Stay of Decision of Director Pending Appeal. Any decision of the director on an application for administrative review of a determination made or action taken by the building official, save and except for a decision affirming or modifying an order revoking a permit or an order to stop work which was made by the building official pursuant to Chapter 16.32 of this title, shall be stayed pending a decision of the city council on such appeal.

(Ord. 1847 §2 (part), Ord. 2004 §21, Ord. 2012 §3 (part), Ord. 2364 §325)

A person shall be deemed “aggrieved” for the purposes of the administrative review of a determination made or action taken by the building official or for purposes of the appeal of a decision of the director following the filing of an application for administrative review, if such determination, action or decision has a significantly greater effect on such person than on the public in general.

(Ord. 1847 §2 (part), Ord. 2012 §3 (part), Ord. 2364 §326)

The grading regulations adopted by this title shall not apply to nor govern any condition where the local regulation of such condition is preempted by any federal or state law. Provided, however, that the purpose of this section is merely to confirm existing law and is not intended to grant an exemption or exclusion from compliance with the city's grading regulations in any instances where the city may exercise jurisdiction under the laws of the federal and state government as well as the City Charter and this Code.

(Ord. 1847 §2 (part))