Citrus Heights Municipal Code Art. XII Land Grading and Erosion Control

Footnotes:

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Cross reference— Environment, ch. 34; streets, sidewalks and other public places, ch. 78.

(a) It is the intent of the city council in enacting this article to:

(1) Minimize damage to surrounding properties and public rights-of-way; the degradation of the water quality of watercourses; and the disruption of natural or authorized drainage flows caused by the activities of clearing and grubbing, grading, filling and excavating of land; and sediment and pollutant runoff from other construction-related activities; and

(2) Comply with the provisions of the county's National Pollutant Discharge Elimination System (NPDES) Permit Number CA0082597, issued by the state regional water quality control board (regional board).

(b) These goals will be achieved by establishing administrative procedures, minimum standards of review, and implementation and enforcement procedures for controlling erosion, sedimentation and other pollutant runoff, including construction debris and hazardous substances used on construction sites, and the disruption of existing drainage and related environmental damage caused by such activities.

(Ord. No. 99-11, § 3(16A.52.010), 6-16-1999)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means any person who submits an application for a permit pursuant to this article.

City specifications means the city improvement standards, city standard construction specifications and other standards included in applicable city ordinances, regulations and manuals, as amended from time to time.

Civil engineer means a professional engineer in the branch of civil engineering holding a valid certificate of registration issued by the state.

Clearing and grubbing means moving or removing by manual or mechanical means trees, vegetation and/or the top four inches or greater of soil.

Compaction means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material.

Construction site means any land area on which the activity of clearing and grubbing, grading, excavating, or filling is occurring.

Director means the director of the general services department or his or her designated representative.

Engineering geology means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.

Environmental coordinator means the city planner responsible for preparing and processing environmental documents.

Erosion means the transport of the ground surface or soil as a result of the movement of wind or water.

Erosion control measures means seeding, mulching, vegetative buffer strips, sod, plastic covering, burlap covering, watering and other measures which control the movement of the ground surface or soil.

Grade means the elevation of the ground surface as measured from a known vertical control.

Grading includes the act or result of digging, excavating, transporting, spreading, depositing, filling, compacting, settling, or shaping of land surfaces and slopes, and other operations performed by or controlled by human activity involving the physical movement of rock or soil.

Hazardous substances means those materials listed in title 40 of the Code of Federal Regulations (40 CFR 117 and/or 40 CFR 302).

National Pollutant Discharge Elimination System (NPDES) means the national program for issuing, modifying, revoking and reissuing, terminating, monitoring and enforcing permits, and imposing and enforcing pretreatment requirements, under sections 307, 402, 318, and 405 of the Clean Water Act.

Permittee means the applicant in whose name a valid permit is issued pursuant to this article and the applicant's agents, employees and designated representatives.

Person means any individual, corporation, partnership, association of any type, public agency or any other legal entity.

Pollutants means as defined in 40 CFR 122.

Runoff means surface runoff and drainage related to storm events, snowmelt, street washwaters related to street cleaning or maintenance and other waters associated with the construction activity which are or may be introduced into the municipal separate storm sewer system.

Sediment means soil or earth material deposited by water.

Sediment control measures means dikes, sediment detention traps, sediment detention basins, filters, fences, barriers, swales, berms, drains, check dams, and other measures which control the deposit of soil or earth material.

Site means a parcel of real property owned by one or more persons on which activity regulated by this article is occurring or is proposed to occur.

Slope means an inclined ground surface, the inclination of which is expressed as a percent.

Structure means anything constructed or erected which requires location on the ground or attached to something having location on the ground.

Watercourse means a river, stream, creek, basin, lake, pond, waterway, or channel, natural or manmade, having a defined bed and banks. Whenever a watercourse consists of an ordinary channel and, in addition thereto, an overflow channel, the watercourse shall be deemed to include all property lying between the banks of the overflow channel.

Wetlands means those areas that are inundated or saturated by surface water or groundwater at a frequency sufficient to support, and that under normal circumstances do support, a prevalence of vegetation typically adapted for life in saturated soil conditions, such as swamps, bogs and marshes.

(Ord. No. 99-11, § 3(16A.52.020), 6-16-1999)

Cross reference— Definitions generally, § 1-2.

Whenever in this article an authority or power is vested in or a duty is imposed upon an officer or official, an employee subordinate to the officer or official to whom an appropriate delegation has been made shall be entitled to exercise the power or authority and perform the duty.

(Ord. No. 99-11, § 3(16A.52.030), 6-16-1999)

(a) Except as otherwise provided, the director is responsible for administering this article and grading and erosion control permits and is authorized from time to time to promulgate and enforce rules or regulations consistent with and necessary to implement the purposes, intent, and express terms of this article.

(b) Any rules or regulations promulgated by the director, or amendments thereof, shall be filed with the city clerk. The city clerk shall cause the rules or regulations to be published in a newspaper of general circulation within ten calendar days. No rules or regulations promulgated by the director, or amendments thereof, shall be enforced or become effective until 30 calendar days following the date on which the rules or regulations are published. Any person shall have 15 days after the date of publication in which to file an appeal in accordance with section 18-374.

(Ord. No. 99-11, § 3(16A.52.040), 6-16-1999)

Cross reference— Administration, ch. 2.

Berms, swales, or other devices shall be provided at the top of cut or fill slopes to prevent surface waters from overflowing onto and damaging the face of the slope. Gutters or controls shall be provided where the proximity of runoff from buildings or other structures is such as to pose a potential hazard to slope integrity.

(Ord. No. 99-11, § 3(16A.52.050), 6-16-1999)

(a) That period between October 1 and April 15 is found and determined to be the period in which heavy rainfall normally occurs in the city. During this period, no grading work in excess of 250 cubic yards may be commenced on any single grading site if the building official determines by inspection that such work will endanger the public health or safety.

(b) If grading operations are to be conducted during such period, plans for erosion control devices shall be submitted to the building official and design approval obtained not later than October 1.

(c) Any person performing grading operations during such period shall put into effect all safety precautions that are necessary to protect public and private property and accessways. All loose dirt shall be removed from the grading site, and adequate antierosion or drainage devices, debris basins, or other safety devices shall be installed to protect persons and property from damage of any kind. All temporary erosion control devices, including desilting basins, shall be installed and shall be operative not later than November 1 of each year.

(Ord. No. 99-11, § 3(16A.52.060), 6-16-1999)

All disturbed surfaces resulting from grading operations shall be prepared and maintained to control erosion. This control may consist of effective planting such as rye grass, barley or some other fast-germinating seed. The building official may require watering of planted areas to ensure growth. Dust from grading operations must be controlled. The owner or contractor may be required to keep adequate equipment on the grading site to prevent dust problems.

(Ord. No. 99-11, § 3(16A.52.070), 6-16-1999)

(a) Except as provided by section 18-346 or 18-347, a grading and erosion control permit shall be required to:

(1) Grade, fill, excavate, store or dispose of 50 cubic yards or more of soil or earthly material; or

(2) Clear and grub one acre or greater of land within the city.

(b) A separate permit is required for work on each site unless sites are contiguous, have the same ownership, and are included in the approved plan.

(c) Any determination by the director as to whether a permit is required may be appealed pursuant to section 18-374.

(Ord. No. 99-11, § 3(16A.52.080), 6-16-1999)

(a) A grading and erosion control permit shall not be required (i) to grade, fill, excavate, store or dispose of less than 50 cubic yards of soil or earthly material; (ii) to clear and grub less than one acre of land within the city; or (iii) for the grading, filling, excavating, storing, disposing, or clearing and grubbing for the following:

(1) Swimming pools, basements, or footings of structures if authorized by a valid building permit.

(2) Underground utilities.

(3) Mining or quarry operations, if a use permit has been granted by the city.

(4) Refuse disposal sites operated by a governmental agency.

(5) The production of planted agricultural crops.

(b) Notwithstanding subsection (a) of this section exempting specified activities from the otherwise applicable permit requirements, the activities described in subsection (a) of this section shall be subject to the standards and requirements of this article. Any building permit issued in connection with the activities described in subsection (a) of this section or in connection with any building permit issued for a single-family residence on an individual lot may be conditioned on compliance with the standards and requirements of this article. Any inspections required pursuant to this article or any other article of this chapter or chapter 42 shall include a determination of compliance with the purpose of this article.

(Ord. No. 99-11, § 3(16A.52.090), 6-16-1999)

A grading and erosion control permit shall not be required for, and the provisions of this article shall not apply to, grading, filling, excavating, storing, disposing, or clearing and grubbing for situations where, in the determination of the director, there is a clear and imminent danger to life or property or threat of loss of services for which there is an overriding public concern. The director may, at the time of granting such exemption, impose conditions in accordance with section 18-361, including but not limited to the requirement for the posting of security. Such exemption must be requested from the director and approved in writing, prior to the commencement of any activity regulated by this article.

(Ord. No. 99-11, § 3(16A.52.100), 6-16-1999)

Where an improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map, or a development plan is being processed in accordance with title 12 of the Sacramento County Code, which is adopted by reference in section 78-1, such plan shall also be considered as a request to undertake those activities regulated by this article. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the standards and requirements set forth in this article and other applicable city specifications. For an approved tentative, parcel, or final map, or development plan, any submitted improvement plans shall include provisions to require compliance with the standards and requirements of this article. If an improvement plan is approved, a grading and erosion control permit shall not be required.

(Ord. No. 99-11, § 3(16A.52.110), 6-16-1999)

The application for a grading and erosion control permit shall be filed in the office of the director, and on a form and submitted with such information as is prescribed by the director, including the following:

(1) The name, address and telephone number of the applicant and the applicant's engineer.

(2) The address and parcel number of the location for which the permit is sought.

(3) A copy of all entitlements granted for the property by the city, including conditions of approval and the environmental documentation.

(4) A copy of all required state and federal permits.

(5) Plans conforming with the requirements of section 18-353.

(6) Specifications conforming with the requirements of section 18-354, if the director expressly requires this information.

(7) Security conforming with the requirements of section 18-355.

(8) Right of entry conforming with the requirements of section 18-356.

(9) Fees conforming with the requirements of section 18-357.

(10) Other information as may be required by the director.

(Ord. No. 99-11, § 3(16A.52.120), 6-16-1999)

Plans required pursuant to this article shall be prepared by a civil engineer in conformance with city specifications and shall include the following:

(1) A vicinity map indicating the site location and significant geographic features.

(2) A site delineation map indicating boundary lines of the property and each lot or parcel into which the site is proposed to be divided.

(3) The location of on-site and surrounding watercourses and wetlands, existing and proposed drainage systems, and drainage area boundaries and acreages. Additional hydrologic analysis shall be provided as required by the director.

(4) The location of existing and proposed roads and structures on the site and on adjacent property.

(5) Accurate contours at two-foot intervals for slopes up to ten percent and five-foot intervals for slopes over ten percent showing topography of existing ground and locations of existing vegetation, including all oak trees, all other trees over six inches in diameter measured at 4½ feet above the ground, groves of trees, and natural features such as rock outcroppings. Spot elevations will be required where relatively flat conditions exist. The spot elevations or contour lines shall be extended off site for a minimum distance of 50 feet, or 100 feet in flat terrain.

(6) Elevations, location, extent and slope of all proposed grading shown by contours, cross sections or other means, and location of any disposal areas, fills or other special features to be included in the work.

(7) A statement of the quantity of material to be excavated, the quantity of material to be filled, whether such excavation or fill is permanent or temporary, and the amount of such material to be imported to or exported from the site.

(8) A delineation of the area to be cleared and grubbed.

(9) A statement of the estimated starting date, grading completion date, and when site improvements will be completed.

(10) The location, implementation schedule, and maintenance schedule of all erosion control measures and sediment control measures to be implemented or constructed prior to, during or after the proposed activity.

(11) A description of measures designed to control dust and stabilize the construction site road and entrance.

(12) A description of the location and methods of storage and disposal of construction materials.

(13) Any additional plans required by the director.

(Ord. No. 99-11, § 3(16A.52.130), 6-16-1999)

When required by the director, the following information shall be prepared and signed by a civil engineer, and submitted with the application for a grading and erosion control permit:

(1) Preparation of natural ground to occur prior to placement of fill, including provisions for removal of organic or deleterious materials.

(2) Quality control of native or imported fill material.

(3) Degree of compaction.

(4) Gradient of cut and fill slopes.

(5) Geotechnical engineering or engineering geology reports used in the development of the information in this section.

(Ord. No. 99-11, § 3(16A.52.140), 6-16-1999)

(a) Prior to issuance of the grading and erosion control permit, the applicant shall provide security in an amount estimated by the director to be the cost for stabilizing the activity site if the site is abandoned or work is stopped during the performance of the activity described in the permit. The security shall be one of the following, subject to the approval of the director:

(1) A bond by one or more duly authorized corporate sureties.

(2) A deposit, either with the city or a responsible escrow agent or trust company, at the option of the city, of money or negotiable bonds of the kind approved for securing deposits of public moneys.

(3) An instrument of credit from an agency of the state, federal or local government when an agency of the state, federal, or local government provides at least 20 percent of the financing for the project, or from one or more financial institutions subject to regulation by the state or federal government and pledging that the funds necessary are on deposit and guaranteed for payment, or a letter of credit by such financial institution.

(b) The security shall be released to the permittee upon either:

(1) Issuance of a certificate of completion, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with section 18-366; or

(2) Voluntary relinquishment of the permit by the holder thereof to the city, provided no administrative or legal action against such security has been commenced prior to that date and the permittee has complied with section 18-365.

(Ord. No. 99-11, § 3(16A.52.150), 6-16-1999)

Whenever any portion of the work done pursuant to this article requires entry onto adjacent property for any reason, the applicant shall obtain the written consent of the adjacent property owner or of the adjacent property owner's authorized representative and shall file a copy of such consent with the director before a permit for such work may be issued.

(Ord. No. 99-11, § 3(16A.52.160), 6-16-1999)

(a) A fee shall be paid by the applicant to the city for plan checking and review, materials testing, site inspections, processing, issuance and other services performed by the director in connection with the investigation of an application for, and administration of, a grading and erosion control permit. The fees for these services shall be in the amount of the actual costs incurred by the city based on the hourly rate of the personnel performing the services, including all overhead costs, and as determined by the general services department.

(b) A deposit in the amount set by the director shall be paid by the applicant at the time of and with the filing of the application with the director. If the accrued costs exceed the initial deposit, the city shall submit a monthly bill to the applicant for the amount owing as of the date on the bill. Interest of 1½ percent per billing period (28-day cycle) compounded each billing period shall be added to the unpaid balance due to any amount which has not been paid in full within 28 days from the date on the bill.

(c) The director shall not perform any services for an applicant if an amount owing is not paid within 28 days, until such time that all amounts owing and interest thereon are paid in full. The balance of fees owing shall be paid in full prior to final inspection. If the actual costs do not exceed the minimum deposit amount, the city shall reimburse the applicant the difference between the deposit amount and the actual total charges.

(Ord. No. 99-11, § 3(16A.52.170), 6-16-1999)

Grading and erosion control permits, and amendments thereto, are subject to the requirements of the California Environmental Quality Act (CEQA), Public Resources Code § 21000 et seq. The applicant shall furnish a copy of the application to the environmental coordinator for preparation and processing of the appropriate environmental documents. The director is authorized to hold public hearings on negative declarations, draft environmental impact reports and final environmental impact reports prepared on applications for grading and erosion control permits, for the purposes of receiving comments from the public. The director shall not approve a grading and erosion control permit prior to considering the applicable environmental document and complying with the requirements of California Environmental Quality Act, Public Resources Code § 21000 et seq., and the city procedures for preparation and processing of environmental documents.

(Ord. No. 99-11, § 3(16A.52.180), 6-16-1999)

The director shall review and approve, conditionally approve or deny grading and erosion control permit applications and improvement plans in accordance with this article. Grading and erosion control permit applications and improvement plans shall be issued or approved unless the director finds in writing that:

(1) The applicant has failed to provide sufficient or adequate plans, information or other data necessary to allow determinations respecting compliance with this article or city specifications.

(2) The environmental review has not been completed, other sections of this Code or of state law pertaining to environmental review have not been satisfied, or the activity will have significant adverse environmental impacts which cannot be substantially mitigated. Where the activity will have significant adverse impacts, the director may approve the permit in accordance with this article, title 20 of the Sacramento County Code, and the California Environmental Quality Act of 1970.

(3) The proposed activity will violate sections of this article, city specifications, or state or federal laws, and such violation cannot be resolved by the imposition of conditions pursuant to section 18-361.

(4) The proposed activity will adversely affect surrounding properties, public rights-of-way, the water quality of watercourses, or existing drainage.

(Ord. No. 99-11, § 3(16A.52.190), 6-16-1999)

(a) The grading and erosion control permit shall include but not be limited to the following:

(1) A complete description of the activity for which it is issued;

(2) The property on which it is issued;

(3) The date of issuance and the date of expiration; and

(4) A description of any and all conditions upon which the permit has been issued.

(b) The permit shall be kept at the site during the activity for which the permit was issued.

(c) A grading and erosion control permit authorizes the permittee to undertake only that activity described in the permit and only on the property for which the permit is issued.

(Ord. No. 99-11, § 3(16A.52.200), 6-16-1999)

The director may, at the time of issuance of the grading and erosion control permit, impose such conditions as are necessary to ensure compliance with this article, city specifications, or state or federal laws. Such conditions shall be reasonably related to the public needs created by the proposed activity. Conditions to mitigate environmental impacts of the activity may also be imposed by the director.

(Ord. No. 99-11, § 3(16A.52.210), 6-16-1999)

Any condition imposed on a grading and erosion control permit pursuant to section 18-361 shall be embodied, together with the reasons therefor, in the permit and served upon the applicant or permittee.

(Ord. No. 99-11, § 3(16A.52.220), 6-16-1999)

A grading and erosion control permit shall be effective on the date of issuance and shall remain in force for one year, unless suspended or revoked by the director or voluntarily relinquished by the permittee. Before the expiration of a permit, a permittee may apply for an extension of time in which to complete the activity. One extension of not more than one year may be granted by the director.

(Ord. No. 99-11, § 3(16A.52.230), 6-16-1999)

A grading and erosion control permit shall not be transferable or assignable from one person to another, unless approved by the director and the person to whom the permit is to be transferred agrees to comply with the requirements of the original permit and to any conditions imposed therein.

(Ord. No. 99-11, § 3(16A.52.240), 6-16-1999)

The director shall deny an application for a grading and erosion control permit if any of the findings in section 18-359 are made. Notice shall be served on the applicant in writing, with the reasons stated therefor, pursuant to section 18-378.

(Ord. No. 99-11, § 3(16A.52.250), 6-16-1999)

Any proposed changes in the activity authorized by the grading and erosion control permit shall be submitted to the director for review. The permittee shall not undertake or allow activity to occur which does not conform with the plans or conditions of the original permit, unless approved by the director. The director shall review any proposed changes in the same manner and pursuant to the same standards as the original application.

(Ord. No. 99-11, § 3(16A.52.260), 6-16-1999)

(a) Requests for inspection of any site subject to this article shall be made to the director at the following phases of activity; such a request shall be made at least two full business days in advance of the desired day of inspection:

(1) When the site has been cleared of vegetation and unapproved fill; and scarified, benched, or otherwise prepared and before any fill is placed; and the erosion control and sediment control measures to be implemented in this phase have been placed.

(2) When approximate final elevations have been established; drainage terraces, swales and other drainage devices have been graded and are ready for paving; berms have been installed at the top of slopes; and the erosion control and sediment control measures to be implemented in this phase have been placed.

(3) When work has been completed; slope planting established and irrigation systems installed, if required; and the erosion control and sediment control measures to be implemented in this phase have been placed.

(b) The director, upon inspection of the site, shall notify the permittee:

(1) That the phase of work inspected is approved; or

(2) What deficiency, correction or other work needs to be completed before approval of that phase.

(Ord. No. 99-11, § 3(16A.52.270), 6-16-1999)

Notification to the director shall be required within 24 hours following the failure of authorized measures to prevent erosion or sediment from leaving the construction site, the deposit of debris or material on adjoining property or public rights-of-way, or the interference with any existing watercourses or drainage facilities.

(Ord. No. 99-11, § 3(16A.52.280), 6-16-1999)

If activity conducted pursuant to this article is ceased on site for any reason for a period in excess of 15 calendar days, and before the activity being conducted under the permit is completed, all necessary steps shall be taken to prevent damage through erosion or sedimentation to adjoining properties or to the public rights-of-way or to any natural or artificial drainage facilities or watercourses. The premises shall also be graded to blend into the adjacent terrain. The director shall be notified as soon as possible, but no later than 15 calendar days, after the cessation of work.

(Ord. No. 99-11, § 3(16A.52.290), 6-16-1999)

After completion of work in accordance with and conforming with an approved grading and erosion control permit and delivery to the city of record plans and a grading plan as finally implemented, and payment of all fees, the director shall issue a certificate of completion.

(Ord. No. 99-11, § 3(16A.52.300), 6-16-1999)

The director may enter and inspect property for which a grading and erosion control permit has been applied to determine applicability or compliance with this article and city specifications. The director may also inspect any and all property on which grading, filling, clearing and grubbing or excavating activities are occurring.

(Ord. No. 99-11, § 3(16A.52.310), 6-16-1999)

A grading and erosion control permit may be suspended if:

(1) The physical state of the property differs from the descriptions, plans or information furnished to the director in the permit application;

(2) The activity does not conform to the approved plans, grades, conditions or terms of the permit;

(3) The activity is in violation of this article, city specifications, or state or federal laws;

(4) Any reports required to be submitted to the director have not been submitted; or

(5) Any of the information contained in reports submitted to the director is in error.

(Ord. No. 99-11, § 3(16A.52.320), 6-16-1999)

(a) The director may suspend or revoke a grading and erosion control permit by issuing a notice of suspension or revocation, stating the reasons therefor, and serving the notice upon the permittee. Upon suspension or revocation of a permit, in accordance with this section, the permittee shall immediately cause all grading, filling, excavating, storing, disposing or clearing and grubbing to cease until written authorization is received from the director to proceed with the activity.

(b) The permittee shall have 15 calendar days after the date of service of the suspension or revocation in which to file an appeal in accordance with section 18-374. If such an appeal is filed, the suspension or revocation shall remain in force and be effective until a final decision on the appeal is issued by the city council.

(c) If the director suspends a permit, such permit may either be reinstated or revoked by the director, depending upon whether the permittee corrects the grounds stated for the suspension in the notice issued by the director. If the permittee fails to remedy the grounds for suspension within a time period specified by the director, but in no event later than 60 calendar days, the director shall revoke the permit.

(Ord. No. 99-11, § 3(16A.52.330), 6-16-1999)

If the applicant for a grading and erosion control permit, the permittee, or other person whose property rights may be affected is dissatisfied with any determination made by the director, such person may appeal to the city council. Any such appeal shall be in writing, shall state the specific reasons therefor and grounds asserted for relief, and shall be filed with the city clerk not later than 15 calendar days after the date of the action being appealed. If an appeal is not filed within the time or in the manner prescribed in this section, the right to review of the action against which the complaint is made shall be deemed to have been waived.

(Ord. No. 99-11, § 3(16A.52.340), 6-16-1999)

The city council shall by resolution from time to time establish a fee for the filing of appeals under this article. Such fee shall be for the sole purpose of defraying costs incurred for the administration of appeals. The fee for an appeal shall be paid at the time of and with the filing of an appeal. No appeal shall be deemed valid unless the prescribed fee has been paid.

(Ord. No. 99-11, § 3(16A.52.350), 6-16-1999)

After the filing of an appeal within the time and in the manner prescribed by sections 18-374 and 18-375, the city council shall conduct a hearing for the purpose of determining whether the appeal should be granted. Written notice of the time, date and place of the hearing shall be served upon the director and the appellant not later than ten days preceding the date of the hearing.

(Ord. No. 99-11, § 3(16A.52.360), 6-16-1999)

(a) The city council shall review the entire proceeding relating to the act or decision being appealed pursuant to this article, de novo, and may make any order it deems just and equitable, including the granting of a grading and erosion control permit. Any hearing may be continued from time to time.

(b) At the conclusion of the hearing, the city council shall prepare a written decision which either grants or denies the appeal and contains findings of fact and conclusions. The written decision, including a copy thereof, shall be filed with the city clerk. The city clerk shall serve such decision on the applicant or permittee and the director. The decision of the city council shall become final upon the date of filing and service with respect to any appeal.

(Ord. No. 99-11, § 3(16A.52.370), 6-16-1999)

(a) Any notice authorized or required by this article shall be deemed to have been filed, served and effective for all purposes on the date when it is personally delivered in writing to the party to whom it is directed or deposited in the United States mail, first class postage prepaid, and addressed to the party to whom it is directed.

(b) Whenever a section in this article requires a public hearing to be conducted, notice of the time, date, place and purpose of the hearing shall be published at least once, not later than ten calendar days in advance of the date of commencement of the hearing, in a newspaper of general circulation in the city. The same type of notice shall also be served on each permittee whose permit may be affected by the action taken at the conclusion of the hearing.

(Ord. No. 99-11, § 3(16A.52.380), 6-16-1999)

(a) The director may commence action against the security provided by a permittee pursuant to this article if:

(1) The permittee ceases activities on site prior to completion of work without complying with section 18-369.

(2) The permittee fails to comply with the terms of the permit.

(3) The activity has caused or is threatening to cause damage or injury to persons, property or the environment.

(b) The monies so obtained shall be used solely to finance remedial work undertaken by the city or a private contractor under contract to the city and to reimburse the city for any administrative costs and expenses incurred in remedying the situation, including attorneys' fees and legal costs incurred in any necessary action to obtain the security.

(Ord. No. 99-11, § 3(16A.52.390), 6-16-1999)

(a) Except as otherwise specifically provided, pursuant to Government Code § 36900, violation of any of the sections contained in this article shall constitute an infraction subject to a fine of $100.00 for each day or any portion thereof that a violation occurs or continues.

(b) Violation of any of the sections of this article following notice to the permittee by the director advising of the violation and ordering a cessation thereof shall, pursuant to section 1-21, constitute a misdemeanor.

(c) Violation of any of the sections of this article may be remedied by injunction or other civil proceeding commenced in the name of the city pursuant to direction by the city council.

(Ord. No. 99-11, § 3(16A.52.400), 6-16-1999)

There are many ordinances and other laws applicable to activities permitted under this article which are not sought to be enforced under this permitting process. Such laws include but are not limited to building, floodplain management, and land development measures. The issuance of a grading and erosion control permit shall not be deemed to constitute a representation that the activity so permitted or the property upon which such activity is occurring complies with such other ordinances or other laws, nor shall the existence of such an unrevoked permit be deemed to preclude any criminal or civil remedy for violation of such other ordinances or laws. The possession of a grading and erosion control permit shall not be deemed to relieve the holder of the requirement to apply for or obtain any other license or permit required by ordinance or statute.

(Ord. No. 99-11, § 3(16A.52.410), 6-16-1999)