Imperial County Municipal Code Ch. 11 Grading Regulations

A. No person, firm, association, corporation or organization except public entities and their officers, employees or contractors who are performing work within publicly owned rights-of-way, shall, within the unincorporated territories of the County of Imperial, do any grading, excavation or earthwork construction without having first obtained a permit therefore from the county engineer.

B. This Chapter does not apply to performing the following work:

1. Grading in an isolated, self-contained area, provided there is no danger to the public, and that such grading will not adversely affect adjoining properties.

2. Cemetery graves.

3. Excavation authorized by a valid building permit.

4. Construction of irrigation and drainage appurtenances.

5. Agricultural land leveling.

(Ord. No. 1565, § 8, 12-15-20)

Applicants for permits shall apply to the Imperial county engineer and shall submit detailed plans of all existing and proposed elevations and structures; property lines; irrigation and drainage systems; protective devices, including fences and barricades, used in connection with the proposed work. The Imperial county engineer may require, in addition, an engineer's geological report and a soil engineering report in connection with the proposed work.

(Ord. No. 1565, § 8, 12-15-20)

A. After the data required to be submitted pursuant to Section 91010.01 has been reviewed by the county engineer, he may issue a grading permit if all of the following conditions exist:

1. If the proposed grading, excavation or earthwork construction is of irrigateable land that said grading will not cause said land to be unfit for agricultural use.

2. The depth of the grading, excavation or earthwork construction will not preclude the use of drain tile in irrigated lands.

3. The grading, excavation or earthwork construction will not extend below the water table of the immediate area.

4. Where the transition between the grading plane and adjacent ground has a slope less than the ratio of one and one-half feet on the horizontal plane to one foot on the vertical plane, the plans and specifications will provide for adequate safety precautions.

B. Permit Fee. The Planning and Development Services Department will assess a fee for zoning, general plan and supplemental plan check for each grading project application. This permit fee will be independent of any calculated fees required by the Imperial County Department of Public Works to process the grading application and inspections to be provided.

C. The Imperial county engineer shall specify the duration of the permit. Permits may be renewed upon application to the Imperial county engineer.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The county engineer shall consider such application, pursuant to policies established by the Board of Supervisors and either grant to the permit, subject to any condition designed to accomplish the purpose of this Chapter or deny the same or refer the matter to the Board of Supervisors with or without recommendations. The denial of such application or the imposition of any conditions by the county engineer shall be final unless within ten (10) days after such action the applicant shall appeal therefrom in writing to the Board of Supervisors by presenting such appeal to the Clerk of said Board. At its next regular meeting after the filing of such appeal with the Board of Supervisors, it shall consider the appeal, and any recommendations submitted therewith from the county engineer. Said Board of Supervisors may issue such permit, if, in the opinion of said Board, the proposed grading, excavation or earthwork construction or use will not be in conflict with the purposes of this Chapter. The Board of Supervisors may refuse to issue such permit or may issue such permit subject to specified conditions designed to accomplish the purpose of this Chapter.

(Ord. No. 1565, § 8, 12-15-20)

No person, firm, organization or corporation shall be relieved from responsibility or liability in connection with any grading, earthwork construction or excavation undertaken by it by reason of the issuance of the permit by the Imperial county engineer.

(Ord. No. 1565, § 8, 12-15-20)

It shall be unlawful for any person, firm, organization or corporation to violate any of the provisions of this Chapter.

(Ord. No. 1565, §§ 7, 8, 12-15-20)

The Building Official or his designee(s) having the authority by Division 13 to issue citations against any person, firm or corporation that is in violation of any provision of this ordinance and/or any section, article, or regulation of the adopted codes, may issue a citation to effect compliance with all applicable laws, ordinances, and/or regulations.

The citation shall be issued only by duly qualified personnel and upon the format approved by the courts.

(Ord. No. 1565, § 8, 12-15-20)