Hanford Municipal Code Ch. 15.55 Grading

This chapter shall be known as the Grading and Drainage Ordinance of the city of Hanford, and shall be referred to herein as the "Grading Ordinance."

(Ord. 10-07, 2010)

A. This chapter is enacted for the purpose of regulating grading of all property within the city of Hanford ("city") to safeguard life, health, property and public welfare; to avoid pollution of watercourses with nutrients, sediments, or other earthen materials generated or caused by surface runoff on or across the permit area; to comply with the city's national pollution discharge elimination system permit issued by the California Regional Water Quality Control Board; and to ensure that the intended use of a graded site is consistent with the city of Hanford general plan, provisions of the California Building Standards Codes, as adopted by the city relating to grading activities, city of Hanford improvement standards, any applicable specific plans or other land use entitlements, applicable laws, rules, and regulations and any other provisions of this code or uncodified ordinances.

B. This chapter sets forth rules and regulations to control grading and erosion control activities, including fills and embankments; establishes the administrative procedure for issuance of permits; and provides for approval of plans and certifications of grading construction and erosion control plans for all graded sites.

C. If any part of this chapter is found invalid, the remainder of this chapter shall remain in effect.

D. If there is any inconsistency or conflict between the provisions of this chapter and Chapter 33 of the California Building Code, as adopted by the city, the more restrictive requirement shall prevail and control. Nothing in this chapter is intended to repeal or replace requirements of the California Building Code, as adopted by the city.

E. All grading shall be performed in conformance with the city of Hanford improvement standards. If there is any inconsistency or conflict between the requirements of this chapter and the improvement standards, the more restrictive requirement shall prevail and control.

(Ord. 10-07, 2010)

Unless the particular provision or the context otherwise requires, wherever the following terms are used in this chapter, they shall have the meaning ascribed to them in this section:

"Approving authority"

means the building official or city engineer, and in matters involving an appeal, the city manager.

"Bench"

means a relatively level step excavated into sloping natural ground on which engineered fill or embankment fill is to be placed.

"Best management practices" (BMPs)

means schedules of activities, prohibitions of practices, general good housekeeping practices, pollution prevention and educational practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to stormwater, receiving waters, or stormwater conveyance systems. BMPs also include treatment practices, operating procedures, and practices to control site runoff, spillage or leaks, sludge or water disposal, or drainage from raw materials storage.

"Building official"

means the chief building official of the city of Hanford or his/her designee.

"Building official" or "city engineer"

means the building official or city engineer for the city of Hanford, or his/her respective designees.

"Civil engineer"

means a professional engineer registered as a civil engineer by the state of California.

"Compaction"

means the increase of density of a soil or rock fill by mechanical means.

"Cut"

means the removal of naturally occurring earth materials by mechanical means, and includes the conditions resulting therefrom.

"Depth of excavation"

means the vertical dimension from the exposed cut surface to the original ground surface.

"Depth of fill"

means the vertical dimension from the exposed fill surface to the original ground surface.

Embankment.

See "Fill."

"Encroachment permit"

means a permit issued under Chapter 12.04.

"Engineering geologist"

means a registered geologist certified as an engineering geologist by the state of California.

"Engineering geology"

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

"Erosion"

means the wearing away and transportation of earth material as a result of the movement of wind, water, or ice.

Excavation.

See "Cut."

"Existing grade"

means the elevation of the ground surface at a given point prior to excavating or filling.

"Expansive soil"

means any soil which exhibits significant expansive properties as determined by a geotechnical engineer or the building official or city engineer.

"Fill"

means the deposit of soil, rock or other materials placed by man and includes the conditions resulting therefrom; "fill" includes stockpiling.

"Finish grade"

means the final grade of the site after excavating or filling which conforms to the approved final grading plan. The finish grade is also the grade at the top of a paved surface.

"Geologic hazard"

means any condition in naturally occurring earth materials which may endanger life, health or property. Geologic hazards include, but are not limited to: faults; existing or potential landslides, mud slides, or rock falls; weak, expansive or creeping soil; subsidence; earthquake induced shaking, ground movement, and ground failure or liquefaction.

"Geotechnical engineer"

means a civil engineer registered by the state of California who is qualified in the field of soil mechanics and soil engineering.

"Geotechnical engineering"

means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and may include the inspection, testing and construction thereof.

"Grade"

means vertical location of the ground surface.

"Grading"

means any cutting, deep ripping or filling, or combination thereof.

"Grading approval"

means approval by the city to start grading work either through a building permit, grading permit, or approval of improvement plans for a subdivision.

"Grading permit"

means a permit issued by the building official or city engineer to authorize grading.

"Grading plan"

means a plan prepared in accordance with this chapter showing grading and related work.

"Grading work"

means grading and related work, such as, but not limited to, drainage improvements and erosion and sediment control.

"Improvement standards"

means the city of Hanford construction specifications, improvement standards, standard drawings, latest version as adopted by the city council.

"Landscape architect"

means a landscape architect registered by the state of California.

Lot.

See "Parcel."

"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, as may be amended.

"Owner"

means the person shown as the legal owner of the property on the latest equalized assessment roll in the Kings County assessor's office or as otherwise known to the city.

"Parcel"

means land described as a lot or parcel in a recorded deed or shown as a lot or parcel on a subdivision map or parcel map on file in the Kings County recorder's office.

"Permittee"

means any person to whom a permit is issued pursuant to this chapter.

"Person"

means any natural person, firm, business entity or public agency whether principal, agent, employee, or otherwise.

"Public works director"

means the public works director for the city of Hanford, or his or her designee.

"Rainy season"

means the period of the year between October 1st and April 15th of the following year, inclusive.

"Sediment"

means any material transported or deposited by water, including soil and debris or other foreign matter.

"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 any lot or parcel of land or combination of contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is to be performed or has been performed.

"Slope"

means an inclined ground surface the inclination of which may be expressed as the ratio of horizontal distance to vertical distance.

"Soil"

means all earth material of any origin that overlies bedrock and may include the decomposed zone of bedrock which can be excavated readily by mechanical equipment.

"Stockpiling"

means the storage of material for future construction either on or off site which exceeds a height of three feet above natural grade, which is not associated with a retail landscape or material storage yard.

"Terrace"

means a relatively level step constructed in the face of a graded slope surface for drainage, maintenance, or other purposes.

"Waters of the state"

means any surface water or groundwater, including saline water, within the boundaries of the state of California.

Work.

See "Grading work."

(Ord. 10-07, 2010)

The engineering division of the public works department is designated the division responsible for the review of grading permit applications and all technical issues involving grading occurring within the city. The building division of the community development department is designated as the division responsible for receiving grading permit applications from developers and for the issuance of such permits following the review and approval of permit applications by the engineering division of the public works department.

(Ord. 10-07, 2010)

Except for the specific exemptions listed hereinafter, no person shall do or permit to be done any grading on any site in the city without first obtaining approval of such grading from the city in accordance with the provisions of the Grading Ordinance.

(Ord. 10-07, 2010)

A. The following grading may be done without obtaining grading approval unless grading approval is required in mitigation monitoring agreements or other conditions of project approval:

1. Excavations for cemetery graves.

2. Excavations for wells.

3. Minor excavations when all of the following conditions are met:

a. The quantity of soil removed or disturbed is 50 cubic yards or less.

b. The depth of the excavation is less than two feet on ground sloping less than 20%.

c. The slope of the cut face is two feet horizontal to one foot vertical or less.

4. Minor fill when all of the following conditions are met:

a. The quantity of soil involved is 50 cubic yards or less placed on ground sloping less than 20%.

b. The height is one foot or less.

c. The slope of the fill embankment face is two feet horizontal to one foot vertical or less.

d. The drainage patterns existing prior to the fill are not altered.

5. Minor agricultural land leveling when the change in elevation is two feet or less.

6. Trenches for public utilities.

7. Exploratory excavations under the direction of soils engineers or engineering geologists.

8. Other grading activities which the building official or city engineer determines comply with the exemption criteria set forth in this section.

B. Exemption from the grading approval requirement shall not be deemed to be an exemption from or permission to violate any other provision of this chapter or the Hanford Municipal Code. All grading work, including work exempted from the grading approval requirement, shall be carried out in a manner consistent with the requirements of the Grading Ordinance. Work exempted from a city-issued grading approval shall be required to take all steps and implement best management practices to ensure that the potential for erosion and control of sediment from any project site is minimized.

(Ord. 10-07, 2010)

A. Grading approval may be issued by the building official in connection with the issuance of a building permit, or the city engineer after approval of improvement plans, or where grading is commenced prior to such issuance or approval, through the issuance of a separate grading permit.

B. The issuance of grading approval shall not be construed as an approval of any action or condition constituting a violation of the provisions of the Grading Ordinance or of any other applicable laws, ordinances, rules or regulations.

C. Neither issuance of grading approval under the provisions of the Grading Ordinance nor compliance with the provisions hereof or with any conditions imposed in a permit issued hereunder shall relieve any person from responsibility for damage to any person or property or impose any liability upon the city for damage to any person or property.

(Ord. 10-07, 2010)

A. No grading shall be approved unless the project conforms with the city's general plan, any adopted specific or general development plans, laws, ordinances, rules or regulations and applicable city ordinances, including the zoning ordinance and the subdivision ordinance.

B. Where the California Environmental Quality Act (CEQA) requires the preparation and approval of environmental documents concerning a project which will result in grading for which a grading permit is required under this chapter, no grading shall be approved until all CEQA mitigation and other requirements have been incorporated into the project, including but not limited to mitigation measures relating to protection of threatened or endangered species under applicable federal and state endangered species laws.

C. Where a proposed development project requires the filing of a tentative map or the intended use requires approval of a discretionary permit or variance, grading may also require approval from the city's planning and building department.

D. Work shall be performed in accordance with the provisions of the Grading Ordinance and the applicable criteria set forth in the improvement standards.

E. Grading approval shall be limited to work shown on the grading plans as approved by the city. The building official or city engineer may impose any condition deemed necessary to protect the health, safety, and welfare of the public, to prevent the creation of a hazard to public or private property, and/or to ensure proper completion of the grading, including but not limited to, the following:

1. Mitigation of adverse environmental impacts as disclosed by any environmental document findings, including but not limited to those matters specified in subsection B of this section;

2. Improvement of any existing grading to comply with the standards of the Grading Ordinance;

3. Requirements for fencing or other protection of grading which would otherwise be hazardous;

4. Requirements for dust, erosion, sediment and noise control, hours of operation and season of work, access roads and haul routes.

(Ord. 10-07, 2010)

No person shall do or permit to be done any grading which may obstruct, impede, or interfere with the natural flow of stormwaters, whether such waters are unconfined upon the surface of the land or confined within land depressions, natural drainage ways, unimproved channels, watercourses, improved ditches, channels or conduits, in such manner as to cause flooding where it would not otherwise occur, aggravate any existing flooding condition or cause accelerated erosion except where said grading is in accordance with all applicable federal, state and local laws, rules, and regulations including, but not limited to, the provisions of the Grading Ordinance.

(Ord. 10-07, 2010)

No person shall perform any grading work within the right-of-way of a public road or street, or within a public easement, without prior written approval of the building official or city engineer or their respective designees, and without obtaining a city encroachment permit.

(Ord. 10-07, 2010)

Whenever the building official or city engineer determines that any grading on private property constitutes a condition which could endanger persons or property, or could adversely affect the safety, use or stability of adjacent property, or an overhead or underground utility, or any public way, watercourse or drainage channel, or could adversely affect the water quality of any water bodies or watercourses, or causes a violation of the city's NPDES permit, the owner of the property upon which the condition is located, or other person or agent in possession or control of said property, upon receipt of notice in writing from the building official or city engineer, shall, within the period specified therein, stop all work. The building official or city engineer may require the submission of plans, soil or geological reports, detailed construction recommendations, drainage study or other engineering data prior to and in connection with any work or activity proposed or required to correct such condition.

(Ord. 10-07, 2010)

A. Application for a grading approval shall be made on a form provided by the building official or city engineer. The application shall include the following information:

1. The name, address, telephone number, and 24 hour emergency contact telephone number of the applicant;

2. The names, addresses, and the telephone numbers of all property owners other than the applicant;

3. The name, address, telephone number and registration number of the party responsible for preparing the grading plan;

4. The name, address, and telephone number, and registration number of the registered civil engineer responsible for the preparation of the soils and engineering report, if required;

5. A plan for performing any required special inspections, including the name, address, and telephone number of the person responsible for conducting the special inspections;

6. A description of the work to be covered by the permit for which application is made;

7. A description of the location on which the proposed work is to be done, by lot, block, tract, and house and street address or similar description that will readily identify and definitely locate the proposed building or work;

8. A description of the physical characteristics of the land that will be subject to or affected by the proposed grading work, including all natural features, slopes and all existing trees;

9. Plans and specifications conforming to the most current improvement standards; if the site of the proposed grading is subject to conditions specified in an approved tentative subdivision or parcel map or an approved use permit, or other land use entitlement, the plans and specifications shall also demonstrate compliance with all applicable conditions of approval;

10. If required, State Regional Water Quality Control Board approved stormwater pollutant protection plan (SWPPP), including the waste discharge identification number issued by the RWQCB, for the proposed grading work, the applicable provisions of which shall be incorporated into the grading plan; and

11. Such other information as reasonably may be required by the building official or city engineer.

B. The application shall be signed by the applicant, who shall be the property owner or the owner's authorized agent or lessee. If the applicant is the owner's agent or lessee, the agent or lessee shall submit evidence of authority to obtain the permit. Once the permit is issued, the applicant shall become the permittee.

(Ord. 10-07, 2010)

Where a subdivision improvement plan is being processed in conjunction with either an approved tentative, parcel, or final map, such plan shall also be considered as an application for grading approval. Such plans shall be reviewed and approved, conditionally approved or denied in accordance with the standards and requirements set forth in the Grading Ordinance and other applicable city specifications. If a subdivision improvement plan is approved, then a separate grading permit shall not be required. Subject to all of the requirements of the Grading Ordinance, approval of the subdivision improvement plan constitutes approval of the grading work intended.

(Ord. 10-07, 2010)

The building official or city engineer may refer the application to other interested public agencies for their recommendations.

(Ord. 10-07, 2010)

No application for grading approval shall relieve the applicant of responsibility for securing other permits or approvals, including but not limited to those specified in Sections 15.55.080(B) and (C), required for work which is regulated by any other department or other public agency, or for obtaining any easements or authorization for grading on property not owned by the applicant. Proof of applicable public agency permits and/or easements may be required prior to issuance of grading approval.

(Ord. 10-07, 2010)

A. The applicant shall pay a fee to cover the city's costs of reviewing plans, specifications, reports and other materials related to grading approval and performing all engineering services, CEQA review, field investigations or other work or services in connection with the issuance of grading approval or to determine or enforce compliance with any requirement or provision set forth in this chapter.

B. The fee or fees required by subsection A shall be established from time-to-time by resolution of the city council and shall be paid to the city at the time of application for grading approval in accordance with the fee schedule adopted by resolution of the city council. The building official or city engineer may charge additional fees in any case where the city incurs costs that are not covered by the initial fee payment(s), or where the actual costs exceed the amounts previously paid by the application permittee.

C. If grading work is done in violation of the Grading Ordinance or does not comply with the terms and conditions of a grading approval issued for such grading, the permittee shall pay the city for all costs actually incurred by the city to inspect or investigate such violation and to perform inspection and plan checking of work required to correct the violation.

(Ord. 10-07, 2010)

A. An engineered grading plan shall be submitted with the application where the proposed grading work is not of a minor nature as described in Section 15.55.060.

B. An engineered grading plan shall be drawn to scale and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that it will conform to the standards and all other provisions of this chapter. If applicable, the engineered grading plan shall be part of the improvement plans for the development project to which it relates, and shall comply with all grading-related environmental mitigation measures and conditions of approval of the development project established by the city for the project. In all cases, plans and specifications consistent with the requirements of the most current improvement standards, signed by a civil engineer, shall be submitted with the application and shall include the following information as determined by the building official or city engineer:

1. General vicinity map.

2. Property limits of the subject site.

3. Details of terrain and area drainage and accurate contours of existing ground at intervals shown in the improvement standards.

4. Location of any buildings or structures within 50 feet of the area which may be affected by the proposed grading operations.

5. Limiting dimensions, elevations, or finished contours to be achieved by the grading, and proposed drainage channels and related construction.

6. Specifications covering construction and material requirements; soil engineering report, which shall include data regarding the nature, distribution and strength of existing soils; conclusions and recommendations for grading procedures; criteria for corrective measures when necessary; and opinions and recommendations covering adequacy of sites to be developed by the proposed grading.

C. For engineered grading, the civil engineer who prepares the approved grading plan shall incorporate all recommendations from the soil engineering and engineering geology reports into the engineered grading plan and shall be responsible for the submission of a certification of the grading work completed. This responsibility shall include, but shall not be limited to, certification as to the establishment of line, grade, and drainage of the development area and lot elevation. A separate certification for compaction will be required of the geotechnical engineer. Certifications shall be based on site inspection and actual knowledge of project.

(Ord. 10-07, 2010)

A. Upon receipt and review of a complete application, and payment of all fees, if the building official or city engineer is satisfied that the work described in the application and the plans will conform to the requirements of this chapter and all other laws, rules, regulations, and ordinances, the building official or city engineer shall issue the grading permit, subject to whatever terms and conditions the building official or city engineer determines are necessary or convenient to accomplish the purpose of this chapter including, but not limited to:

1. Completion of work within a specified period of time.

2. Hours and days of operation.

3. Designation and approval of haul routes.

4. Rainy season limitations.

5. Designation of area covered by the permit.

6. Implementation of the general plan and all other applicable environmental mitigation measures.

7. Provision of easements for stormwater conveyance through open channels.

8. Approval of appropriate permitting requirements of other governmental agencies.

B. When the building official or city engineer issues the permit, he/she shall endorse in writing or stamp on all sets of plans and specifications "APPROVED." Thereafter, the approved plans and specifications shall not be changed, modified, or altered without prior written authorization from the building official or city engineer. All work shall be done in accordance with the approved plans. The building official or city engineer may require that grading operations and project designs be modified if delays occur or weather-generated problems arise which were not anticipated at the time the permit was issued.

C. Retention of Plans. One set of approved plans, specifications, and computations shall be retained by the building official or city engineer, one set by the building division and one set shall be returned to the permittee, which set shall be kept on the building or work site at all times during which the work authorized thereby is in progress.

D. Issuance of the permit shall not prevent the building official or city engineer from thereafter requiring the correction of errors in the plans and specifications or ordering the cessation of grading and development activities under the permit when in violation of this chapter, any other ordinance of the city, or any other applicable law, rule, or regulation.

(Ord. 10-07, 2010)

All grading work shall be performed in conformance with the improvement standards and the California Building Standards Code. If there is a conflict between the provisions of this chapter and the improvement standards or California Building Standards Code, the more restrictive shall prevail.

(Ord. 10-07, 2010)

Prior to any grading work or related activities that is within 10 feet of the property line, the owner must flag all property corners of the parcel of land to be graded. If the property corners are unknown, or whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or other resolution of the title dispute, all at the expense of the applicant, shall be required by the building official or city engineer.

(Ord. 10-07, 2010)

A. Protection of Utilities. The applicant shall be responsible for the prevention of damage to any public utilities or services.

B. Protection of Adjacent Property. The applicant shall be responsible for the prevention of damage to adjacent property. No person(s) shall conduct excavation or grading activities so close to the property line as to endanger any adjoining public street, sidewalk, alley, structure or other public or private property or easement without supporting and protecting such property from any damage which might otherwise result.

C. Advance Notice. The applicant shall notify the building official or city engineer at least 48 hours prior to the start of work.

D. Erosion and Sediment Control. It shall be the sole responsibility of the applicant to prevent discharge of sediment from the site, in quantities greater than before the grading occurred, or in violation of any law, rule, regulation, or ordinance, to any watercourse, drainage system, or adjacent property.

E. Compliance with Stormwater Quality Management and Discharge Control Ordinance. At all times during the preconstruction and construction of any project for which grading approval is issued until all final improvements and permanent structures are complete, the applicant shall fully comply with all applicable requirements of the city's Stormwater Quality Management and Discharge Control Ordinance, set forth in Chapter 13.10.

(Ord. 10-07, 2010)

A. A grading permit shall be valid for a period of 180 days from the date of issuance unless noted otherwise on the permit. The expiration date shall be noted on the permit.

B. The permittee may, before the expiration of the permit, apply for an extension of time in which to complete the work in a reasonable and expeditious manner. Extensions of time may be granted by the building official or city engineer for a period or periods not exceeding a total of one additional year, where the building official or city engineer finds unusual circumstances warrant the extension of time and will not create a hazard or nuisance. Denial of an extension of time shall not preclude the right of the permittee to apply for a new permit for the remaining balance of the work.

C. Once a permit has expired, no work may resume until a new permit is obtained. The fee for a permit to complete work under an expired permit shall be set at the then current fee, provided no changes have been made or will be made in the original plans and specifications for such work and the suspension or abandonment has not exceeded one year.

(Ord. 10-07, 2010)

Upon failure to complete the work designated in the permit, failure to comply with all of the terms of the Grading Ordinance, or failure of the completed site to function properly to provide proper drainage, the city may do the required work, or cause the work to be completed and collect from the applicant or owner all costs incurred, including, but not limited to, administrative and inspection costs.

(Ord. 10-07, 2010)

A permit may be transferred to another person with the prior written approval of the building official or city engineer. The building official or city engineer may make such modifications as he/she deems appropriate as a condition of the transfer.

(Ord. 10-07, 2010)

If the civil engineer, the soil engineer, the engineering geologist, or the testing agency of record are changed during the course of the work, the work shall be stopped until the replacement engineer or testing agency has agreed to accept the responsibility within the area of their technical competence, for certification of the whole work upon completion of the work.

(Ord. 10-07, 2010)

A. If the permittee wishes to make changes in the plans, grades, timing or extent of work, he/she shall submit a request to the building official or city engineer for written approval and incorporation into the permit before any change in the work is commenced. The building official or city engineer may amend the permit to approve such changes if appropriate, may conditionally approve, or may deny approval of such changes.

B. Failure to obtain prior approval for any change in the work shall be cause for the suspension of the permit until approval is obtained, and may result in the revocation of the permit if such changes are deemed to be hazardous to adjoining properties or to the public at large.

(Ord. 10-07, 2010)

Any person directly and adversely affected by any determination made by the building official or city engineer, chief building official or public works director, under this chapter, may appeal the decision by filing a written notice of appeal with the city manager no later than 10 days after receiving notice of the decision. The notice of appeal shall state the name, mailing address, and telephone number of the person appealing, the action being appealed, and the grounds for the appeal. Upon receipt of a timely appeal, the city manager shall schedule a meeting at which the appeal will be considered by the city manager and shall notify the appellant, and the permittee if other than the appellant, of the time, date, and place of the meeting. The scope of consideration of the appeal shall be limited to the grounds specified in the notice of appeal. No later than 30 days after considering the appeal, the city manager shall render a decision on the appeal. A copy of the city manager's decision shall be provided to the appellant and the permittee, if other than the appellant. The decision of the city manager shall be final.

(Ord. 10-07, 2010)

The building official or city engineer shall enforce the provisions of the Grading Ordinance.

(Ord. 10-07, 2010)

The building official or city engineer may suspend or revoke grading approval for good cause. In the event that a suspension or revocation is appealed to the city manager, no work shall be performed pending appeal except as expressly authorized, in writing, by the building official or city engineer. Good cause includes, but is not limited to, the following:

A. Conditions at the site vary appreciably from those shown on the approved plans.

B. Construction does not conform to the approved grading plan, final erosion and sediment control plan, stormwater pollution prevention plan, time schedules, or conditions of the grading permit.

C. The site is left in a condition hazardous to the public or to the adjacent properties, and permittee does not comply with reasonable requirements to correct said conditions.

D. The permittee does not comply with the building official's or city engineer's directives and reasonable requirements to safeguard workers, the public or other persons acting in a lawful manner.

E. The permittee, in connection with the operations for which the permit was issued, fails to operate his/her equipment properly on public roads; or allows material to encroach, obstruct, or be deposited within a public road right-of-way or within a drainage channel in a manner not authorized by said permit; or causes unauthorized obstruction or diversion of drainage channels.

F. The permittee fails to have a qualified special inspector, working under the supervision of a registered civil engineer, on the site during operations when so required by the permit or fails to have the work under proper supervision at all times.

G. Conditions exist on the site which constitutes a threat to health, safety or public welfare.

(Ord. 10-07, 2010)

A. Whenever any work is being done in violation of the provisions of the Grading Ordinance or any other applicable law, ordinance, rule or regulation, the building official or city engineer may order the work stopped by serving written notice of such violation on any persons engaged in, doing, or causing such work to be done. Any such person shall forthwith stop such work until authorized by the building official or city engineer to proceed with the work. If there are no persons present on the premises, the notice shall be posted in a conspicuous place. The notice shall state the nature of the violation. Any person violating a stop work order shall be guilty of an infraction.

B. Upon receipt of or knowledge of the existence of such stop work notice, the person performing the work shall:

1. Stop work immediately;

2. Within 24 hours, provide the building official or city engineer with a list of remedies which can be immediately undertaken to bring the work into compliance with this title;

3. Within 24 hours after acceptance of such remedies by the building official or city engineer, undertake at the violator's expense, such action as is necessary to bring the work into compliance with this title; and

4. If engineering work is required to identify and define the proper course of action, as determined by the building official or city engineer, such work shall be provided by the permittee at no cost to the city.

(Ord. 10-07, 2010)

Whenever necessary to enforce the provisions of the grading ordinance, the building official or city engineer may enter the premises at all reasonable times to the extent authorized by law to perform any duty imposed by the Grading Ordinance. Permits and other documents issued or approved by the city for a development project shall include a condition that the developer grant the city access and entry to property for purposes of inspection and for verifying compliance with this chapter. If such entry is refused, the building official or city engineer shall have available every remedy provided by law and equity to secure entry.

(Ord. 10-07, 2010)

The remedies provided herein are not exclusive, and shall include any and all other remedies or penalties provided by law or equity.

(Ord. 10-07, 2010)