La Palma Municipal Code Art. V Grading and Excavation Code

Except as provided in this chapter, the "Latest Edition of the Orange County Grading and Excavation Code", is hereby adopted in its entirety and shall be and become the Grading and Excavation Code of the City of La Palma, regulating grading and excavation of sites.

(Ord. No. 2019-05, § 5, 11-19-2019)

The Orange County Grading and Excavation Code is hereby amended as follows:

Sub-article 1 General Provisions-Amended

Section 7-1-800 Title Reference to Code

This article shall be known as and may be cited as the City of La Palma Grading and Excavation Code. "Code" as referred to in this article, unless the context clearly indicates otherwise, shall mean the City of La Palma Grading and Excavation Code.

Section 7-1-801 Grading Manual

(a) The Director shall formulate and modify as necessary such rules, procedures, and interpretations as may be necessary or convenient to administer this article. Such rules, procedures, and interpretations shall be referred to as the "City of La Palma Grading Manual" or the "Grading Manual.

(b) In the event of any conflict between said Grading Manual and this Code, the provisions of this Code shall govern. The provisions of the said Grading Manual shall, to the extent that they are made conditions of any permit by the Building Official, be binding on the permittee.

Section 7-1-802 Purpose and Intent

It is the intent of this code to safeguard life, limb, property, and the public welfare by regulating grading on private property in the City of La Palma.

Section 7-1-803 Scope

This Code set forth rules and regulations to control excavation, grading, and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the California Building Code then in effect as adopted and modified by City of La Palma Ordinance.

Section 7-1-804 Definitions

(d) Director shall mean the City Manager of the City of La Palma or their duly delegated representative.

(h) Hearing Officer shall have the same definition as the California Building Code, then in effect as adopted and modified by City of La Palma Ordinance.

Section 7-1-805 Grading Permits (k) "Deleted"

Section 7-1-806 Grading Permit, Paving

No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multi-residential parking lot or travel way without a valid grading permit unless waived by the Building Official or a separate improvement plan for such paving is approved and signed by an authorized City official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement.

Section 7-1-811 Violations and Penalties

(a) It shall be unlawful for any person, firm, or corporation to do grading in the City of La Palma, or cause the same to be done, contrary to or in violation of any of the provisions of this Code.

(b) The issuance of a building permit, performance of building permit inspections, or issuance of a certificate of use and occupancy may be withheld for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, until such violation has been corrected or mitigated to the satisfaction of the Building Official or designee (hereafter "Building Official"). The Building Official shall consult, as appropriate, with the Director of Community Services or designee.

(d) No zone change or discretionary permit per Municipal Code chapter 44 Zoning shall be approved for property on which a violation of the provisions of this Code exists, including work performed not in accordance with approved grading plans, unless conditioned to require such violation to be corrected or mitigated to the satisfaction of the Building Official prior to the issuance of any building permits.

(e) The Building Official, in consultation with the Director of Community Services or designee, shall determine if the corrective or mitigating action itself requires the approval of an entitlement pursuant to the City Municipal Code.

(f) Any persons, firm, or corporation violating any of the provisions of this Code (or the City of La Palma Municipal Code), shall be subject to Municipal Code chapter 10, section 10-3. - Penalties and remedies and section 10-4. - Civil remedies available.

(g) In addition to the provisions of the subsections above, a notice of violation of this Code may be recorded in accordance with the following procedures:

1. Notice of Intent

A written Notice of Intent to record a notice of violation shall be served on the current owner of record of the property. Such notice shall describe the property, the violation, and the action necessary to correct or mitigate the violation. The notice shall inform the owner that a notice of violation will be recorded if the owner does not, within 30 days of receipt of thereof, either correct the violation or request an Appeal Hearing with the Building Official and a Hearing Officer as set forth below. The notice shall include a copy of this subsection 811(g) and be substantially as follows:

Notice of Continuing Violation of the City of La Palma Grading and Excavation Code.

Notice is hereby given that the City of La Palma has determined that a violation of the above Code exists on the following described property (description). The violation consists of (description).

While a violation of the above Code exists, the City of La Palma may refuse to approve any permits (i.e. grading, building, use, discretionary, development approvals, subdivision maps and certificates of occupancy).

Section 7-1-812 Hazardous Conditions

(d) Evidence: At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the Building Official or his designee, as Hearing Officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the Hearing Officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct said hazard.

Exception: Where City property or facilities are endangered by the hazardous condition found by the Building Official, at the request of the owner, the hearing may be held before the Hearing Officer.

The Building Official may appeal Hearing Officer's order as set forth in this section, to the Director of Community Services or designee.

(e) Order, finality, and appeal: If the Hearing Officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.

1. Finality of order: The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determine and order shall become final within five (5) days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five (5) days of the mailing of the order to the last known address of said owner.

2. Appeal: The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the Hearing Officer to the Director of Community Services or designee. The Director of Community Services or designee shall fix a time and place and hold a hearing, consider the evidence and make a final determination.

(f) Completion of work: The owner shall, following the finality of the determination and order of the Hearing Officer, or if appealed, the determination and order of the Director of Community Services or designee, commence the corrective action ordered or preparation of reports and such work or submissions shall be completed within the specific time.

(g) Failure to complete work: If the owner neglects or fails to complete the corrective work or submit the reports ordered by the Hearing Officer or Director of Community Services or designee within the specific time, the Building Official may: (1) cause the work to performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work, subsequent future hazards may occur which could result in an order to vacate the premises. Nothing in this subsection shall be construed to limit the type of remedy or relief which the Building Official may have under any other provision of law.

(h) Costs: Costs incurred by the City to perform any corrective work or prepare reports under subsection (g) above shall be charged to the owner. The Building Official may apply to the Board of Supervisors to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.

(i) Vacation of property: If necessary, the notice and order in subsections (c) or (e) of this section shall include the requirement that the property, a portion thereof or adjacent sites be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.

The Building Official shall cause the property to be posted at conspicuous locations with a notice containing at least the following:

UNSAFE TO OCCUPY DO NOT ENTER Building Official, City of La Palma Date Posted

Said posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or Building Official where additional information may be obtained.

Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the Building Official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.

Section 7-1-820 Issuance, Expiration, and Renewal

(e) If the permittee presents satisfactory reasons for failure to continue or begin the work within the period specific in (b) of this section, the Building Official, upon receiving a written request, may grant an extension of that time as specified in (c)(2) of this section without additional fees, provided that:

1. No changes have been made in the original plans and specifications for such work.

2. Suspension or abandonment has not exceeded one year.

3. A re-endorsement of the compliance of the plans with the applicable regulations by the Community Services and Community Development Departments shall be obtained."

Section 7-1-821 Denial of Permit

(d) The Building Official may require plans and specifications to be modified in order to make them consistent with the City of La Palma General Plan, Specific Plans, Zoning Code or other rules, regulations, or conditions applicable to the project. He may deny the grading permit if the proposed project cannot be designed in accordance with these rules, regulations, or conditions.

Section 7-1-822 Time of Grading Operations

Grading and equipment operations shall comply with Municipal Code chapter 44 Sec. 44-267. - Noise, Table III-3. Restricted Hours for Construction Activities.

Sub-article 6. Fees - "Deleted"

Section 7-1-842 Site Inspection by the Building Official

(f) Whenever any work on which inspections are required is covered or concealed by additional work without first having been inspected, the Building Official may require by written notice, that such work be exposed for examination. The work of exposing and recovering shall not entail or be subject to expense by the City.

Section 7-1-843 Special Inspections

The Building Official may establish special inspection requirements in accordance with the California Building Code, then in effect as adopted and modified by City ordinance, as amended for special cases involving grading or paving related operations. Special cases may apply to work where in the opinion of the Building Official it is necessary to supplement the resources or expertise available for inspection.

(Ord. No. 2019-05, § 5, 11-19-2019)