Los Gatos Municipal Code Art. IV Implementation and Enforcement

(a) The grading permit is issued subject to the conditions set forth in this chapter.

(b) The Town Engineer shall enforce the permit through any procedures set forth in this chapter or by any other means available at law or in equity.

(Code 1968, § 36.05.010)

The Town Engineer shall issue a grading permit if authorized by the Planning Commission and upon approval of a site map and grading plan, final plan, interim plan where required, soils report, where required, deposit of appropriate security and payment of fees. The grading permits shall be issued subject to the following conditions:

(1) The permittee shall maintain a copy of the permit, approved plans and, required reports, on the work site and available for public inspection during all working hours;

(2) The permittee shall, at all times, be in conformity with approved site map and grading plan, interim and final plans.

(Code 1968, § 36.05.015)

In addition to the other provisions of this chapter, the permittee shall:

(1) Notify the Town Engineer, at least twenty-four (24) hours beforehand, of the beginning of land-disturbing or filling activities or soil storage;

(2) Submit to the Town Engineer, reports on:

a. The progress of or delays in land-disturbing or filling activities or soil storage,

b. Any other departures from the approved site map and grading plan which may affect implementation of the interim or final plans as scheduled,

c. Possible delays in obtaining materials, machinery, services or manpower necessary to the implementation of the interim or final plans as scheduled,

d. The progress of or delays in the implementation of the interim or final plans,

e. Any other departures from implementation of the interim or final plans,

f. Progress of the grading operations and erosion and sedimentation control measures taken according to the schedule set forth below:

1. For the period from April fifteenth to September first, monthly;

2. For the period from September first to October fifteenth, weekly;

3. For the period from October sixteenth to April fourteenth, monthly or as requested by the Town Engineer.

(3) When the permittee proposes to continue land-disturbing or filling activities or soil storage through the wet season, the permittee shall demonstrate that land disturbance is relatively minor and that erosion can be easily controlled, or is a necessary and integral part of an interim plan for previously-initiated project phrases. Where such activities are approved, the permittee shall submit:

a. A report seventy-two (72) hours prior to and, again, at the start of land-disturbing or filling activities or soil storage,

b. A report seventy-two (72) hours prior to and, again, at the start of implementing the interim plan,

c. A report upon completion of the interim plan,

d. Any other reports required under subsection (2) of this section.

Each report shall contain, where pertinent, the elements described in subsections (2)a. through e. of this section;

(4) Submit to the Town Engineer, upon termination of the permit:

a. A report on and graphic representation of the interim and/or final plan, as implemented, and

b. A copy of the instructions to be given to the new owners of the improved property by the permittee regarding the maintenance of the surface runoff, erosion and sediment control measures and devices implemented under the final plan, or

(5) Have an authorized representative of each contractor or subcontractor actually performing the land-disturbing or filling activities or soil storage, or actually procuring the materials, machinery, services or manpower for the implementation of interim or final plans, sign each pertinent report and certify the contents thereof as true. The permittee shall sign all reports submitted to the Town Engineer and shall attest that each is true and accurate to the best of the permittee's knowledge.

(Code 1968, § 36.05.020)

(a) The Town Engineer shall review all reports submitted by the permittee. Where the Town Engineer finds:

(1) Delays in implementing or departures from the approved site map and grading plan, interim or final plans,

(2) Problems with or breakdowns in any technique provided for by the interim or final plan which are attributable to:

a. The plans themselves,

b. Their maintenance methods or schedules,

c. Any other causes,

which may have a deleterious effect on the quality of receiving waters, or increase surface runoff, erosion or off-site sedimentation, the Town Engineer shall require that the site map and grading plan, interim or final plans, and maintenance methods and schedules be modified so as to achieve the same level of water quality and surface runoff, erosion and sediment control as would have been achieved had these problems not arisen. The Town Engineer shall notify the permittee in writing of the requirement. The permittee shall comply with the order to modify within seven (7) working days.

(b) The Town Engineer shall inspect the work site for compliance with conditions set forth in section 12.40.015, for verification of reports submitted under section 12.40.020, and for the quality of the work being performed under the interim or final plan. Such inspections shall take place:

(1) As requested by permittee,

(2) As required under this chapter,

(3) Within five (5) working days of September first,

(4) Within five (5) working days of September fifteenth,

(5) Weekly from October first through fifteenth,

(6) Within three (3) working days of or during, the first major rainfall of the wet season,

(7) Under circumstances described in section 12.40.020(3);

a. At the onset of implementation of the interim plan, and

b. At the onset of land-disturbing or filling activities or soil storage,

(8) After notification to the permittee of an order to modify under subsection (a) of this section,

(9) At any other time, at the Town Engineer's discretion.

(Code 1968, § 36.05.025)

The Town Engineer shall first have resort to the procedures set forth in this section before any other enforcement procedure set forth in this article.

(1) The Town Engineer shall suspend the permit and issue a stop work order, and the permittee shall cease all work on the work site, except work necessary to remedy the cause of the suspension, upon notification of such suspension when:

a. The permittee fails to submit reports in a timely manner and in accordance with section 12.40.020;

b. Inspection by the Town Engineer under section 12.40.025(b)(1) through (9) reveals that the work or the work site:

1. Is not in compliance with the conditions set forth in section 12.40.015;

2. Is not in conformity with the site map and grading plan, interim or final plan as approved or as modified under section 12.40.025(a);

3. Is at variance with reports submitted under section 12.40.020(1) through (3); or

4. Is not in compliance with an order to modify under section 12.40.025(a);

c. The permittee fails to comply with an order to modify within the time limits imposed by the Town Engineer (see section 12.40.025(a)).

(2) The Town Engineer shall revoke the permit and issue a stop work order, the permittee shall cease work upon the occurrence of any of the following conditions:

a. The permittee fails or refuses to cease work, as required under (1) above, after suspension of the permit and receipt of a stop work order and notification thereof,

b. Any of the conditions set forth in subsection (1) of this section occurs in section 12.20.015(a), (b) area.

(3) The Town Engineer shall reinstate a suspended permit upon the permittee's correction of the cause of the suspension.

(4) The Town Engineer shall not reinstate a revoked permit.

(Code 1968, § 36.05.030)

(a) In addition to other penalties provided for violating this code, any person who intentionally or negligently violates any provision of this chapter, or fails to comply with any order issued thereunder, shall be liable for a civil penalty not to exceed five hundred dollars ($500.00) per day for each violation which shall be assessed and recovered in a civil action brought in the name of the people by the Town Attorney. In determining the penalty, the court shall consider all relevant circumstances, including, but not limited to, the following:

(1) The extent of harm or potential harm caused by the violation;

(2) The nature and persistence of the violation;

(3) The length of time over which the violation occurred;

(4) The frequency of past violations;

(5) The permittee's record of maintenance;

(6) Corrective action, if any, taken by the permittee.

(b) In any civil action brought pursuant hereto, in which the Town Engineer prevails, the court shall determine and impose reasonable expenses, including attorneys' fees, incurred by the Town Engineer in the investigation and prosecution of the action.

(Code 1968, § 36.05.035)

The Town Engineer may act against the appropriate security if any of the conditions listed in subsections (1) through (4) below exist. The Town Engineer shall use funds from the appropriate security to finance remedial work undertaken by the Town or a private contractor under contract to the Town, and to reimburse the Town for all direct costs incurred in the process of the remedial work.

(1) The permittee ceases land-disturbing activities and/or filling and abandons the work site prior to completion of the work shown on the approved grading plan.

(2) The permittee fails to conform to the interim plan or final plan as approved or as modified under section 12.40.025 and has had the permit revoked under section 12.40.030.

(3) The techniques utilized under the interim or final plan fail within two (2) years of installation, or before a final plan is implemented for the site or portions of the site, whichever is later.

(4) The Town Engineer determines that action by the Town is necessary to prevent excessive erosion from occurring on the site.

(Code 1968, § 36.05.040)

Security deposited with the Town for faithful performance of the grading and erosion control work and to finance necessary remedial work shall be released according to the following schedule:

(1) Ninety (90) percent of the amount of the securities held to guarantee completion of the work required under the approved permit and shown on the approved grading, interim and final plans may be released to the permittee upon the successful completion as determined by the Town Engineer, of the work required under the permit, provided no action against such security is filed prior to that date.

(2) Ten (10) percent of the amount of the securities held to guarantee completion of the work required under the approved permit and shown on the approved grading, interim and final plans shall be retained by the Town for one (1) year to guarantee and maintain the grading work to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Such maintenance security shall remain in effect for a period of one (1) year after the date the work is accepted.

(3) Upon satisfaction of applicable provisions of this chapter, the ten (10) percent maintenance security deposit will be released. However, upon failure to complete the work, failure to comply with all of the terms of the permit, or failure of the complete site to function properly to provide proper drainage or erosion and sedimentation control, the Town may do the required work, or cause to be done and collect from the permittee or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit or bond shall be refunded to the permittee after deduction by the Town of the cost of the work.

(Code 1968, § 36.05.045)

The procedures for enforcement of a permit, as set forth in this chapter, are cumulative and not exclusive.

(Code 1968, § 36.05.050)

(a) Whenever deemed necessary to make an inspection to ensure compliance with the requirements of this chapter or to enforce any provision of this chapter, or whenever the Town Engineer, or an authorized Town officer or agent, has reasonable cause to believe that there may be any condition upon any property or in any structure that may violate the requirements of this chapter, the Town Engineer, or an authorized Town officer or agent may enter such property or structure at all reasonable times to inspect the same or to perform any duty imposed upon the Town officer or agent by this chapter. Should entry be refused, the officer or agent shall have recourse to every remedy provided by law to gain entry.

(b) When a Town officer or agent has first obtained a property inspection or search warrant or other remedy provided by law to secure entry, no person having charge, care or control of any building or property shall fail or neglect after proper request is made as herein provided, to promptly permit entry by the authorized officer or agents. Violation of this subsection shall be a misdemeanor.

(Ord. No. 1990, § I, 10-17-94)