Chapter 12.16 — LAND CLEARING, EARTHWORK, AND DRAINAGE FACILITIES

(a)

It is the declared intent of the Town to promote the conservation of natural resources, including the natural beauties of the land, streams and watersheds, hills, trees and vegetation; to protect the public health and safety, including the reduction or elimination of the hazards of earth slides, mud flows, rock falls, undue settlement, erosion, siltation and flooding; to prevent damage to property, undermining of tree roots; and to generally preserve the terrain and the flora in their natural state as much as possible.

(b)

The purpose of this chapter is to regulate work on public and private property in order to control grading, earthwork, clearing, erosion, sedimentation, drainage interference and to protect water quality and to safeguard the health, safety, and the public welfare. These regulations apply to all persons or groups of persons not specifically exempted in this chapter.

(c)

This chapter may be cited as "the grading chapter."

(d)

The issuance of a grading permit is subject to the provisions of the State Environmental Quality Act, Public Resources Code § 21000 et seq., and all applications shall be referred to the Planning Director for the preparation of an initial study. If the Planning Director finds that the proposed project may have a significant effect on the environment, a mitigated negative declaration or an environmental impact report (EIR) shall be prepared. If an EIR is required, no grading permit shall be issued until a final EIR has been prepared, considered and certified by the Town or other lead agency. In any case, the Planning Director shall report, in writing, to the Public Works Director on any aspect of the proposed grading permit that affects or relates to the general plan, the zoning ordinance or the environment. No permit shall be issued until the requirements of this subsection have been met.

(Code 1990, § 12.08.010; Ord. No. 91-02, § 1, 1991)

In addition to those definitions given in Section 1.04.050, the following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

As built or as graded means the surface condition that exists upon completion of grading, including the existing condition and location of all facilities.

As built plans means a set of plans prepared by the engineer to show the as built and/or as graded condition.

Bedrock means the in-place solid rock either at the ground surface or overlain by unconsolidated material.

Best management practices means a technique or series of techniques which, when used in an erosion control plan, is proven to be effective in controlling runoff, erosion and sedimentation, either construction related or in the as graded condition.

Civil engineer or engineer means a professional engineer licensed by the State or State Board of Registration for Professional Engineers and authorized by such license to practice engineering in his or her field of expertise.

Clearing means the removal of vegetation.

Compaction means the densification of a fill, fill material or natural ground by mechanical means.

Contour rounding means the rounding of cut and fill slopes to blend with existing contours or to provide variation, to eliminate the artificial appearance of cut and fill slopes.

Contractor means any licensed contractor legally acting as an agent for or on the behalf of the owner, or the owner, if the owner is doing the construction.

Department means the Department of Public Works of the Town, or any of its officers or employees.

Depth of cut or fill means the vertical distance between existing natural ground and the finished elevation at the top of cut or top of fill.

Design engineer means the civil engineer, including a soils engineer, responsible for the design and/or construction supervision for the project.

Director means the Director of Public Works of the Town or duly authorized representative.

Erosion means the wearing away of the ground surface as a result of the movement of wind, water, ice and/or snow.

Excavation means the mechanical removal of soil or rock from its natural location with earthmoving equipment.

FEMA means the Federal Emergency Management Agency.

Fill means a deposit of soil or rock, or any combination thereof, placed by artificial means with earthmoving equipment, properly placed and compacted.

Geologist means a State-licensed engineering geologist having expertise in soil science and related fields.

Grading means the physical movement of earth, rock or vegetation with earthmoving equipment and includes, but is not solely limited to excavating, filling, storing of earth or rock materials, scraping, scarifying and compacting.

Quarry means any premises or site from which any rock, sand, gravel, stone, earth, soil or mineral is excavated, processed and removed for disposition away from the immediate premises, whether disposition is immediate or delayed. The following are exceptions to this definition:

(1)

Excavation necessary for the construction of a building on the site of the excavation if building permits and a grading permit have been issued; and

(2)

Excavation necessary to bring the contour of the land within an approved subdivision to the grades shown on the improvement plans which has been approved by the Public Works Department.

Relative compaction means the ratio between the density of the material in place and the maximum density, expressed as a percent, as determined by using a standard test procedure approved by the Director.

Rock means any consolidated or coherent and relatively hard natural formed mass of mineral material.

Security means a bond, letter of credit, certificate of deposit or cash deposit to guarantee completion of the work.

Soils means all the relatively loose incoherent earth material of whatever origin which overlies the bedrock.

Soils engineer means a registered civil engineer or registered geotechnical engineer licensed by the State Board of Professional Engineers, experienced and knowledgeable in the practice of soils engineering, who is responsible for the supervision of soils work outlined in this chapter.

Soils engineering or 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 the inspection and testing of the construction thereof.

State specifications means the current standard specifications of the State Business and Transportation Agency, Department of Transportation.

Stockpile means the temporary or permanent storage of fill materials, rock or soils.

Test procedures or tests means the testing and control procedures, or tests made in conformance with those procedures, currently in use by the State Department of Transportation. These test procedures shall be the standard test procedures for work performed under this chapter unless other procedures are approved by the Director. The Town may perform tests, and in case of conflict with tests performed by others, the decision of the Director as to which tests to obtain shall be final.

Wetland means any area characterized by vegetation requiring saturated or seasonally saturated soil for growth or reproduction and includes such terms as marshes, bogs, sloughs, wet meadows, springs and seeps.

(Code 1990, § 12.08.020; Ord. No. 91-02, § 1, 1991)

The Director shall administer this chapter. The Director is authorized to issue bulletins to interpret or clarify the administration and technical details of this chapter.

(Code 1990, § 12.08.030; Ord. No. 91-02, § 1, 1991)

Permits as required by this chapter will be granted only to the owner, or agent, of the property on which the work is planned. A separate permit will be required for work on each site or assessor's parcel number unless the sites are contiguous and the entire area is included in the plans accompanying the application and the area is being resubdivided through a parcel or subdivision map. Sites separated by an existing public road will not be considered contiguous. In the event an agent is acting for the owner of the property, the agent may pay the fee and sign for the permit, however, the original of the permit will be transmitted to the owner of the property. The permit shall run with the property and it shall be considered transferred to any subsequent property owner.

(Code 1990, § 12.08.040; Ord. No. 91-02, § 1, 1991)

(a)

Without first obtaining a letter of exemption or a permit specifically allowing the work from the Director, no person shall:

(1)

Perform any land clearing, grading, excavation, make any fill, change or interfere with drainage, do any work that causes or may cause erosion, a nuisance or endangers the health or safety of the public;

(2)

Excavate, grade, stockpile or place fill material on or within any property so that soil or debris washed, eroded or moved from the property by natural or artificial means creates, or has the potential for creating, a public nuisance or hazard on other property, public street or utility easement or endangers the health or safety of the public;

(3)

Obstruct, divert or interfere with natural or artificial surface drainage, swales, ditches, gutters or other improved or unimproved drainage channels or drainage ways, except that construction or operations approved by a special district or other entity having jurisdiction over the work which does not come under the provisions of this chapter;

(4)

Fill or drain any wetland area;

(5)

Perform any other work or actions on any property without a grading permit when such work or actions would have required a grading permit pursuant to this chapter.

(b)

The permit or a copy thereof shall be kept at the job site during construction and/or installation of any facilities authorized by such permit and shall be made available upon request to any Town employee, police officer, CalTrans employee or other person having jurisdiction in such right-of-way.

(Code 1990, § 12.08.050; Ord. No. 91-02, § 1, 1991)

Except as required by Section 12.16.050(a)(3) and (4), grading permits will not be required for the following work. All exempted work shall control erosion and sediment and shall conform to the erosion and dust control practices as outlined in Section 12.16.160(b).

(1)

Clearing of an area of land which does not exceed 50 percent of the lot or 5,000 square feet, whichever is less; or the amount and location as shown on a site plan approved by planning and public works; and for which a building permit or a letter of exemption has been issued;

(2)

An excavation below natural grade and within the footprint of the structure for basements and footings of a building, retaining wall or other structure, cesspools, septic tanks and swimming pools for which a building permit has been issued by the Town Building Division of the Department. This does not exempt any fill made with material from such excavation nor does it exempt any excavation or fill made in violation of this chapter;

(3)

Quarry excavations for which a use permit has been granted by the Town. This does not exempt any fill made with material from such excavation nor does it exempt any excavation or fill made in violation of this chapter;

(4)

Excavation for a utility or storm drain trench which is to be backfilled to original ground surface and that is covered by a permit or letter of exemption issued by the Town;

(5)

Excavations for installation of underground storage tanks for oil, gasoline and water where the capacity of the tank does not exceed 10,000 gallons and where the tanks are being installed under a permit issued by a Federal, State or local agency or is controlled by one of the agencies. This does not exempt any fill made

with material from such excavation nor does it exempt any excavation or fill made in violation of this chapter;

(6)

Cemetery graves;

(7)

Excavation for mine shafts, wells or tunnels for utilities and other purposes that are under the jurisdiction of a Federal, State or local agency;

(8)

Embankments made in connection with earth-filled dams regulated by the State Division of Dam Safety;

(9)

Improvement or construction of creek channels and water supply channels for the collection, storage or transmission of water, including floodwater for drainage, irrigation and domestic use or the generation of electrical energy performed under the jurisdiction of a Federal, State or local agency;

(10)

Excavations of less than 50 cubic yards and not exceeding three feet in maximum height (as measured vertically from the top to the bottom of the cut) with slopes and setbacks conforming to the requirements of this chapter for which a letter or exemption or a building permit has been issued by the Director;

(11)

Fills less than three feet in maximum height above the original ground surface, placed on natural terrain with a slope flatter than five horizontal to one vertical, which do not exceed 50 cubic yards, with slopes and setbacks conforming to the requirements of this chapter for a letter of exemption or a building permit has been issued by the Director. Fills that are intended to support any structure are not exempt from the grading permit requirements of this chapter;

(12)

Subdivision improvements that are to be offered for dedication for which improvement plans have been approved by the Department;

(13)

Logging operations to the extent that they are regulated by the Z'berg-Nejedly Forest Practice Act of 1973, Public Resources Code § 4511 et seq. It is encouraged, however, that access roads constructed for logging operations comply with this chapter;

(14)

Work conducted in any Town street or right-of-way by public utilities for normal maintenance and operation work and for which an encroachment permit has been issued by the Department; or work by a public utility in an easement reserved for public utility purposes;

(15)

Agricultural grading, leveling, land preparation and irrigation for agricultural uses and tillage practices, providing that these operations do not become a public nuisance and avoid significant environmental impacts.

(Code 1990, § 12.08.060; Ord. No. 91-02, § 1, 1991)

No person shall do any work on any private property within the Town limits without first notifying the Department of such intended work and either obtaining a letter of exemption or a permit allowing the work. The notification shall include a plot plan showing the intended work, including, but not limited to, grading, drainage modification, driveways, and structures and their setbacks.

(Code 1990, § 12.08.070; Ord. No. 91-02, § 1, 1991)

Any act performed under the authority of a written permit issued pursuant to the provisions of this chapter, shall be performed in accordance with the provisions of this chapter and the terms and conditions specified in the permit.

(Code 1990, § 12.08.072; Ord. No. 91-02, § 1, 1991)

Prior to any excavation, the contractor shall contact Underground Service Alert by telephone at 1-800-642- 2444 or online at USANORTH811.org. Underground utilities shall be marked on the ground prior to the start of any work.

(Code 1990, § 12.08.075; Ord. No. 91-02, § 1, 1991)

(a)

Grading may be conducted under the following permits within the limits of each:

(1)

A letter of exemption, for minimal work;

(2)

A building permit, allowing grading within the footprint and as needed for the foundation excavations; and

(3)

A grading permit, for all other conditions.

(b)

Two types of grading permits may be issued:

(1)

A standard grading permit; and

(2)

An engineered grading permit.

Application for both types of grading permit shall be submitted on the form provided by the Department. The applicant must demonstrate that work proposed is allowed under the type of permit requested. Should the standard grading permit be issued incorrectly it shall be invalid and an engineered grading permit required.

(c)

Any application or plans and specifications found inadequate or not in compliance with this chapter will not be approved until revised to conform to the conditions and regulations prescribed under this chapter. Rejection of the application or plans and specifications based on insufficient or inadequate design shall not preclude the applicant from submitting revised plans in connection with the pending application. Applications shall be considered pending until a grading permit is issued, or the application is denied or withdrawn. The application shall expire 12 months from the date of its filing.

(d)

No work regulated by this chapter shall be done before a grading permit is issued for the work.

(e)

The grading permit will be issued when all requirements are met, all fees are paid and security necessary to meet the requirements of this chapter is posted.

(f)

No permit shall be issued by the Director for any purpose if construction thereof will violate the provisions of any Federal or State law, or Town ordinance. No permit of any nature may be issued under the provisions of this chapter which is not in accordance with this chapter or will violate Federal or State law. Any permit issued contrary to the provisions of this chapter may be voided by the Director at any time.

(Code 1990, § 12.08.076; Ord. No. 91-02, § 1, 1991)

(a)

Two copies of a site plan must be submitted for review showing the area to be disturbed and all proposed construction. The area of disturbance must include any graded areas, storage areas, work areas, parking areas, etc. This site plan may be the same one submitted with the building plans if the affected areas are shown. The site plan shall show all limiting dimensions, elevations or finished contours to be achieved by the grading, and proposed drainage channels and related construction. The proposed drawings shall indicate clearly all cuts, fills and slopes. Contours shall be shown according to the following schedule:

(b)

A building permit, once issued, will allow the same grading work to be performed as a standard grading permit. Work must be performed subject to the same conditions as those set for the standard grading permit.

(c)

The standard grading permit fee shall be the minimum allowed by the master fee schedule.

(d)

The standard grading permit is subject to the following conditions:

(1)

Grading shall not exceed 200 cubic yards of cut or fill, whichever is a larger quantity. The cut quantity may exclude cut within the footprint of the structure.

(2)

Permit is valid for one lot and up to four dwelling units.

(3)

Lots with impervious areas of 4,000 square feet or more shall install a drywall meeting either the Town standard or the design of a registered civil engineer.

(4)

The natural slope of the lot may not exceed 30 percent as defined in Section 17.16.040.

(5)

Fill shall conform to the following:

a.

Existing ground to receive fill shall be cleared and grubbed of all deleterious materials;

b.

Existing ground to receive fill shall be scarified a minimum of six inches;

c.

When the natural slope exceeds 20 percent, the existing ground shall be keyed and benched. The bench shall be at least ten feet wide;

d.

No rock larger than 36 inches in its greater dimension shall be buried in fill without a soils engineer review and approval. All rocks larger than 12 inches shall be filled and compacted around carefully to ensure no voids are left. All rocks on any slope shall be stable and minimum one-third buried in the fill;

e.

All fill shall be compacted to 90 percent of optimum density as determined by ASTM D1557;

f.

Fill slopes shall be no steeper than is safe for its intended use and shall be no steeper than a ratio of two horizontal to one vertical;

g.

Drainage (other than a minimal amount of sheet flow) shall not be allowed to run over a fill slope without cobble, rip rap or other downdrain;

h.

The toe of any fill slope shall be a minimum of three feet from the property line;

i.

The maximum slope height shall be five feet measured vertically from the toe to the top of slope;

j.

Fills greater than five feet behind a retaining wall may be exempted upon review by the Director;

k.

No structures are to be supported on the fill placed under this permit;

l.

All organic material is to be removed from the fill.

(6)

Cut shall conform to the following:

a.

Cut slopes shall be no steeper than is safe for its intended use and shall be no steeper than a ratio of two horizontal to one vertical.

b.

The top of any cut slope shall be a minimum of three feet from the property line.

c.

The maximum slope height shall be five feet measured vertically from the toe to the top of the slope.

d.

A regraded or overcut cut slope shall meet the requirements of a fill slope.

(7)

Drainage. When possible, no work shall be done in a drainage course.

a.

A minor drainage course shall be one carrying less than five cfs or drain an area of less than five acres.

b.

Minor drainage courses if disturbed shall be repaired by replacing the natural channel with a two-foot deep, one-foot wide at the bottom channel with side slopes of 2:1 and cobble lining with three-inch minimum dimension rock.

c.

Finish grade shall be sloped to provide proper drainage away from all exterior walls or foundations. The slope shall not be less than one-half inch per foot for a distance of not less than three feet from any point of the exterior wall or foundation. Drainage swales shall not be less than 1½ inches deeper than the adjacent finished grade at the foundation.

d.

An agreement with the State Department of Fish and Wildlife pursuant to State Fish and Game Code § 1603 may be required prior to the issuance of any permit involving a stream course or drainage area.

e.

Any work within a perceived wetland may require written approval by the United States Department of the Interior, Corps of Engineers prior to issuance of any permit.

(8)

Violation of the conditions and limits of the standard grading permit will render the permit void and an engineered permit will then be required.

(Code 1990, § 12.08.078; Ord. No. 91-02, § 1, 1991)

(a)

An application for a grading permit shall be submitted on the form provided by the Department. The property owner shall be the applicant for the permit. All data to accompany the application shall be prepared by a civil engineer. A registered architect may prepare the application and plans if the work is under the supervision of a registered civil engineer and bears said engineer's stamp. Data relating to the soils may be prepared by an engineer licensed to perform such work, or an approved soils laboratory under the direction of a licensed civil engineer.

(b)

The applicant shall furnish the names, addresses and telephone numbers of the architects or engineers who will be preparing the plans, specifications and other data for the grading permit and the applicant's contractors who will be actually doing the grading permit work.

(c)

Site data shall be submitted with the application and shall include, but not be limited to, the following items:

(1)

A vicinity map showing the location of the site in relationship to the surrounding area's watercourses, water bodies, drainage courses, roads, structures and other significant geographic features;

(2)

A map showing property boundaries and dimensions of the area covered by the application for the permit, including the proposed division of land, if any;

(3)

A site plan showing buildings, roads, utilities or other improvements within the area and adjacent thereto that may be affected by the proposed work;

(4)

a.

Two copies of engineering plans of the proposed work drawn at a scale that adequately shows the details of terrain, drainage and erosion control and the conditions existing before and after the proposed work. The

plans shall show any significant features and structures outside of the property boundaries that may be affected by the proposed work; in any case, the plans shall include any structures and contours and other features for a minimum of ten feet outside the property boundaries. When unusual topography exists adjacent to the site, i.e., natural watercourses, etc., the contours shall be extended to include the same. Contours shall conform to the schedule in Section 12.16.110(a).

b.

The plans shall show contours and dimensions and elevations within the limits of the graded area on completion of the work; the proposed drainage channels and facilities; the planned elevations, grades and slopes of excavations and embankments. The plans shall show the location of observed springs, swampy areas, areas subject to flooding, landslides, surface faults and mud flows. Elevations shall be based on the USGS Sea Level Datum of 1929, unless waived by the Director.

c.

A site plan of the entire property (two copies if it is a separate plan from that submitted with the building plans) must be submitted showing the limits of the area to be disturbed and all proposed construction. The area of disturbance shown must, as a minimum, include any graded areas, storage areas, work areas, parking areas, landscaped areas, and any proposed structures. This site plan may be the same one submitted with the building plans if the affected areas are shown.

(5)

Cross sections of the ground showing both original and proposed ground surfaces, with the grades, slopes and elevations noted. The number cross sections shall be sufficient to show the details of the proposed work.

(6)

a.

A soils report prepared by a soils engineer. The report shall include a general description of the earth and rock materials involved in the work as to classifications, bedding or other geological features, information on the classification, depth, water table and other pertinent information as revealed by test borings, slide conditions existing or anticipated, the suitability of the material for its proposed use, including data on allowable bearing pressures, expansive or unsuitable soils, recommendations for construction procedures to obtain required stability and relative compaction;

b.

For small projects, upon application to the Director by the engineer, with good cause, the soils report may be waived. Good cause means that there are obviously no soils problems, no structures are intended to be supported on fills, there are no high cut or fill slopes, and there are no possible drainage problems.

(7)

The plans shall show the location, circumference, species and approximate base elevation of all trees over six feet in height and four inches in diameter (or as required by the Planning and Economic Development

Department) within the property boundaries, including any trees that may be affected by the grading whether inside or outside of the property boundaries. The design shall save, when possible, all trees and other natural features of high aesthetic value. A registered forester or similar specialist may be required to review the trees to be saved for physical condition and prepare a report setting requirements of grading and development adjacent to the saved trees. These requirements shall be a part of the grading permit.

(8)

The plan shall show the 100-year flood boundary as shown on a flood insurance rate map published by FEMA; all flood hazard area and other areas known or suspected to be subject to flooding or drainage hazard, as specified in the flood damage prevention ordinance of the Town Code and good engineering practice.

(9)

The plans shall show all surface and subsurface drainage systems and facilities, walls, cribbing and all erosion protection devices.

(d)

When any work requires entry onto adjacent property for any reason, the applicant shall obtain written consent of the adjacent property owner and shall file a signed and notarized copy of such consent with the Director. No permit shall be issued until the requirement is met.

(e)

Unless incorporated in the plans and specifications or waived by the Director, the following data shall be furnished prior to permit issuance in duplicate:

(1)

Plans and specifications for the control of construction methods and materials in the work, including:

a.

Provisions for control of grading operations, including the firm responsible for staking the project;

b.

Any safety methods to be followed, including traffic control where necessary;

c.

Control of dust;

d.

Interim erosion and sediment control plan;

e.

The location, design and specifications for the final erosion and sediment control plan, including the method of maintaining facilities;

f.

An engineer's estimate of the quantities and cost of the work;

g.

A time schedule for doing the work, including, but not limited to, the proposed grading schedule, proposed conditions of the site on October 15 of each year that the grading permit is in effect, the proposed schedule for installation of interim erosion and sediment control measures, devices and plantings, construction of final improvements, installation of final erosion and sediment control measures and devices, and the proposed date of final completion;

h.

Proposed hours and days of equipment operation;

i.

Tree and vegetation protection and revegetation plans, including specifications covering the methods to be used in saving, clearing, storing and disposing of trees and vegetation;

j.

Drainage design, including drainage areas, method of calculation, design flows and other related drainage design features and information;

k.

Other related matters, as determined by the Director.

(2)

Plans, design and details of retaining walls, cribbing, slope protection facilities and planting. Structural work will require submission of structural design calculations and may require building permits.

(3)

Method for the removal and disposal of surplus material and the destination or disposal site of all exported material.

(f)

Grading in, on, under, over or adjacent to old fills, wetlands, or in areas known or believed to be potential slide areas shall be permitted until a report by a soils engineer has been approved by the Director and such grading complies with the provisions of this chapter. If the area has expansive soils, a report shall be submitted by the soils engineer for the Director's review and approval. The report shall certify that the proposed construction will be stable within itself and will not be hazardous to any adjoining property or to

any public road, utility or other facility, or a danger to the public health and safety. Any recommendations presented in the report regarding material, equipment or procedures to be incorporated in the construction or operation to ensure adequate stability and safety may be included as a condition in the grading permit.

(g)

When requested by the Director, the applicant shall furnish additional engineering, geologic and legal reports, plans or survey and other material necessary to determine and evaluate site conditions and the effect of the proposed work on abutting properties, public welfare and safety.

(h)

When a completed application, including plans and specifications, and other required data is received, the Director shall review the application. One copy of the plans with comments by the Director will be returned to the engineer. The necessary changes shall be made to the plans and other documents and the originals returned to the Director for review and signature. A sepia copy of the signed original plans shall be returned to the engineer.

(i)

All survey maps, engineering plans, specifications and reports submitted shall be prepared under the direction of and signed by person licensed by the State Board of Registration for Professional Engineers under Business and Professions Code, §§ 6700 et seq. and 8700 et seq.

(j)

Height of slopes. Cut slopes shall not be constructed over 30 feet in height unless the Director is provided a written report by a soils engineer certifying that the slope is stable with a factor of safety of at least 1.5.

(Code 1990, § 12.08.080; Ord. No. 91-02, § 1, 1991)

It is understood and agreed by the permittee that the doing of any work, or the movement of equipment onto the work site, under any permit issued pursuant to this chapter shall constitute an acceptance of the provisions of the permit.

(Code 1990, § 12.08.082; Ord. No. 91-02, § 1, 1991)

Grading permits are granted with the understanding that the conditions or allowances specified in the permit is not to be considered as establishing any precedent on the question of permitting any certain kind of condition or allowance to become a standard or policy of the Town.

(Code 1990, § 12.08.084; Ord. No. 91-02, § 1, 1991)

All public and private paving and parking lots shall conform to the following standards:

(1)

Minimum parking lot grade for asphalt concrete shall be one percent and preferred shall be two or three percent due to snow conditions.

(2)

Minimum grade for concrete ribbon drains shall be 0.5 percent.

(3)

An approved soil sterilizer shall be used on all subgrade surfaces prior to placement of paving.

(4)

Two special inspections are required. The first at the time the base is placed and the second when the asphalt concrete has been placed, unless an engineer's report verifies compliance with design. A fee shall be charged per inspection in conformance with the master fee schedule.

(5)

The contractor shall be responsible for the clearing of the proposed work area, and relocation and cost of all existing utilities. The Town shall be informed 24 hours prior to beginning of construction and prior to any inspections required.

(6)

A compaction report or letter certifying compaction by a soils engineer shall certify 95 percent compaction of the base and 90 percent compaction of the subbase prior to calling for the second inspection and to placing the asphalt concrete.

(7)

If no preliminary soils report is provided specifying the paving section, the structural section shall be three inches of asphalt concrete and four inches of Class II aggregate base.

(Code 1990, § 12.08.086; Ord. No. 91-02, § 1, 1991)

(a)

In addition to the Lahontan Regional Water Quality Control District requirements, runoff calculations and design and must conform to the following standards:

(1)

Maximum runoff shall be calculated using the rational method or other applicable method. The rainfall- intensity curves shall be those shown in the Town's master shore drain plan or other curve and C values approved by the Director.

(2)

Runoff design shall be based on full development within the drainage area as provided for in Title 17.

(3)

Drainage channels having a drainage area of ten acres or greater shall be designed for a 100-year storm, for drainage areas less than ten acres, the design storm shall be a 20 providing that finish floor elevations allow for the 100-year storm.

(4)

New construction resulting in a total impervious surface on a lot of 4,000 square feet or more shall meet Lahontan requirements if they apply or shall provide a dry well per Town standards if the Lahontan requirements do not apply.

(b)

Erosion and sedimentation control shall effectively control erosion and sedimentation and shall conform to these standards as well as standard engineering practices. Unless otherwise recommended in an approved soil engineering or engineering geology report, cut and fill slopes shall be planted in accordance with this section, and the protection for the slopes shall be installed as soon as practicable and prior to calling for the final permit approval unless bonding has been accepted by the Town.

(1)

The faces of cut and fill slopes must be permanently protected against damage by erosion and the methods used must offer effective erosion control prior to the beginning of each winter season.

(2)

The faces of all cut and fill slopes steeper than three to one shall be protected with temporary soil stabilization measures such as jute matting or an equivalent mulch until planting is established. Hydro mulch alone in not considered as meeting this requirement.

(3)

The top of all excavation slopes shall have slope rounding for three to five feet on each side of the catch point. The distance will be approved by the Director. Rounding may be waived by the Director.

(4)

Slopes over five feet of vertical height shall be planted with drought-resistant perennial grasses, native plants, or other ground cover as approved by the Director. Drought-resistant and low water use plants in conformance with water district guidelines are preferred and, in the event of drought and postponement of planting, jute matting shall be provided and planting bonded for. (See Subsection (b)(10) of this section.) Other plants recommended by a State-licensed landscape architect may be used subject to the approval of the Director and other slopes as deemed necessary by the Director may also be required to be planted.

(5)

In addition to other vegetative cover, slopes higher than 15 feet shall be planted with drought-resistant shrubs spaced eight feet maximum on centers or drought-resistant trees spaced 15 feet maximum on centers or a combination thereof. Shrubs and trees may be placed on random centers to achieve a more natural look. All landscaping must be approved by the Planning Director prior to planting or seeding.

(6)

The planting or seeding of vegetative cover, including shrubs and trees, must be effective in preventing erosion and sedimentation. If the vegetation does not grow and offer the proper protection, as determined by the Director, it shall be replanted or reseeded.

(7)

The maintenance of vegetative protection shall be the responsibility of the owner of the land and shall be guaranteed until the vegetation is well established as determined by the Director.

(8)

Sediment control facilities must be constructed and in working order prior to the beginning of the winter season and must prevent sediment from being transported from the site.

(9)

During snow melt runoff conditions, and at other times as necessary, the permittee shall inspect all erosion and sediment control devices and repair any damage.

(10)

Waiver of planting and/or irrigation requirements may be approved by the Director upon application. Possible reasons that may be accepted are as follows:

a.

The erosion resistant character of the material composing the slopes makes planting unnecessary or impractical (i.e., all rock slopes);

b.

The unavailability of water making irrigation either impossible or impractical, in which case bonding and slope matting may be required;

c.

Slope heights are less than five feet vertical height or slopes less steep than a three to one ratio.

(11)

If a landscaping plan is required, the Department shall collect a plan check fee per the master fee schedule prior to accepting a set of plans or specifications for plan checking. Site inspections will also be subject to an inspection fee in accordance with the fee schedule.

(c)

The Director may accept bonding for any landscaping not completed by the time occupancy is requested. Such bonding shall remain in place until such time as the Director determines that 80 percent of the planting for erosion control has been permanently established and 100 percent of the erosion control facilities or structures are completed. Bonding release shall require a site inspection by the Department and shall be subject to an inspection fee as set forth in the master fee schedule.

(Code 1990, § 12.08.090; Ord. No. 91-02, § 1, 1991)

Dust shall be controlled by watering. During drought conditions watering shall be done with a water truck using reclaimed water in accordance with Mammoth Community Water District rules and regulations.

(Code 1990, § 12.08.100; Ord. No. 91-02, § 1, 1991)

(a)

The Director shall have the right to enter upon the property at any time to inspect the conditions of the site, the methods of operation, and to check or test any feature or operation involved in fulfilling the conditions of the grading permit.

(b)

The permittee shall notify the Department 48 hours prior to starting work on the project and on each occasion when work has stopped for more than a week. The permittee or contractor shall ensure that all underground work is inspected by the Department before the work is covered up.

(c)

The engineer shall submit a progress report at the end of every month, if required by the Department.

(d)

In the event of default in the performance of any term or condition of the grading permit, the surety or any person employed or engaged on its behalf and the Director shall have the right to go on the property to inspect and complete the required work at the expense of the owner.

(Code 1990, § 12.08.130; Ord. No. 91-02, § 1, 1991)

When the size of the project precludes adequate inspection by the Town staff and frequent or continuous inspection during construction is deemed necessary by the Director, the permittee shall have a soils engineer furnish continuous supervision and inspection of the work, including all the necessary field tests during the performance of the work. The soils engineer shall certify in writing that the grading, drainage provisions, slope stability, erosion prevention methods and methods of placing, stabilizing and compacting

fills was performed under the engineer's supervision and in accordance with the requirements of the permit. The cost of the continuous inspection and reports shall be borne by the permittee.

(Code 1990, § 12.08.140; Ord. No. 91-02, § 1, 1991)

One set of stamped approved plans and specifications and accompanying documents, including the permit or copy thereof, shall be kept available for reference at the job site during the period of time that work under the permit is underway and/or not completed; and shall be made available upon request to any Town employee, police officer, peace officer or CalTrans employee.

(Code 1990, § 12.08.180; Ord. No. 91-02, § 1, 1991)

(a)

After the issuance of the permit, all proposed changes in the planned work shall be submitted to the Director for approval before any change from the approved work is begun.

(b)

Upon submittal of proposed changes, the Director may amend the grading permit to allow the requested changes to the plans and specifications. Failure to obtain prior approval for any change in the work shall be cause for suspension of all work until approval is obtained. Unauthorized changes may result in revocation of the grading permit.

(Code 1990, § 12.08.190; Ord. No. 91-02, § 1, 1991)

Before the expiration of a grading permit, the permittee may apply for an extension of time in which to complete the work.

(1)

An extension of time may be granted by the Director, if in his or her judgment, conscientious effort has been made and the public health, safety or welfare is not impaired. The extension shall be for a period the Director deems appropriate but not longer than one year. Such extension may include conditions the Director deems appropriate for the balance of the work.

(2)

Written consent of the surety, if any, to any extension of time and change in conditions shall be furnished before approval is effective.

(Code 1990, § 12.08.200; Ord. No. 91-02, § 1, 1991)

In case of a difference of opinion between the Director and the soils engineer, the Director shall weigh all factors and make a decision in the matter. Except upon appeal, the Director's decision shall be final.

(Code 1990, § 12.08.240; Ord. No. 91-02, § 1, 1991)

In addition to the specific requirements of the grading permit, the permittee shall comply with all Federal and State laws, Town ordinances and all regulations, including the regulations of the State Department of Industrial Relations, Industrial Accident Commission, Occupational Safety and Health Division, relating to the character of the work equipment and labor personnel involved on the project.

(Code 1990, § 12.08.250; Ord. No. 91-02, § 1, 1991)

(a)

If operations under the grading permit are within 500 feet of residential or commercial occupancies, grading operations shall be limited to the hours between 7:00 a.m. and 8:00 p.m., Monday through Saturday, with Sunday operations permitted only on the approval of the Public Works Director or designee, and limited to the hours between 9:00 a.m. and 5:00 p.m., except that maintenance and service of equipment may be performed at any time provided that a nuisance is not created by such maintenance operations. Major repair work to equipment on the site is not permitted, except upon approval by the Public Works Director or designee.

(b)

Deviations from any provision of this regulation are subject to the approval of the Public Works Director or designee. Requests for such approval shall be submitted in writing to the Public Works Director a minimum of one business day in advance of the scheduled work.

(Code 1990, § 12.08.260; Ord. No. 91-02, § 1, 1991; Ord. No. 02-02, § 1, 2002)

An encroachment permit issued by the Director is required for any encroachment or any operation connected therewith, on, or within any public rights-of-way.

(Code 1990, § 12.08.270; Ord. No. 91-02, § 1, 1991)

Operations shall be controlled to prevent nuisances due to dust, drainage, removal of natural support of land, structures, encroachment, noise and vibrations.

(Code 1990, § 12.08.280; Ord. No. 91-02, § 1, 1991)

All operations involving the storage, handling and use of explosives shall be in accordance with the provisions of Health and Safety Code, Div. 11, Part 1 (Health and Safety Code § 12000 et seq.) and all other applicable Federal, State or local laws and regulations. Drilling and blasting shall only be done under the direction of licensed personnel. All precautions necessary for the protection of life and property shall be taken during blasting operations and adequate warning shall be given to workers, inspectors, the public, and property owners that blasting is in progress. Blasting or other use of explosives shall also be subject to regulation by the Town, the Town Police Department, the Mammoth Lakes Fire Protection District and the State Fire Marshal.

(Code 1990, § 12.08.290; Ord. No. 91-02, § 1, 1991)

(a)

Upon completion of the work, the engineer shall notify the Director. The Director and the engineer shall make a final inspection of the work covered by the permit. Upon approval of the work by the Director, the engineer shall file a Certificate of Completion with the Director, including a set of as-built plans. If no changes were made during the construction, the engineer shall still submit as-built plans indicating that fact.

(b)

Upon acceptance by the Director of the engineer's Certificate of Completion and as-built plans, the permittee shall post the required maintenance security as required in this chapter.

(Code 1990, § 12.08.300; Ord. No. 91-02, § 1, 1991)

Clearing or grading may be prohibited by the Director during the winter months or when adverse weather conditions may prevent compliance with the requirements of this chapter.

(Code 1990, § 12.08.310; Ord. No. 91-02, § 1, 1991)

The Department may direct a permittee, in writing, to postpone or terminate all clearing, grading or drainage interference operations when damage may occur to the surrounding property.

(Code 1990, § 12.08.320; Ord. No. 91-02, § 1, 1991)

Drainage facilities, erosion and sedimentation control devices shall be provided to convey surface waters to a natural channel or watercourse or to a storm drainage facility without causing erosion, damage or sedimentation. Such facilities may also include off-site facilities.

(Code 1990, § 12.08.330; Ord. No. 91-02, § 1, 1991)

Finished surfaces shall be graded to prevent ponding and to provide flow to the drainage facilities.

(Code 1990, § 12.08.335; Ord. No. 91-02, § 1, 1991)

(a)

When evidence indicates that the presence of surface waters or subsurface waters may contribute to sliding or settlement of the land either in its natural state or as a result of grading operations, the Director may require construction or installation of above or below ground facilities to collect the waters and convey them to an acceptable point of discharge. Such facilities may also include off-site facilities.

(b)

Should any springs, aquifers or other sources of underground water be discovered during the grading operation, all grading in the area shall be discontinued until provisions are made to remedy the condition. The project shall be redesigned by the engineer to accommodate the additional waters.

(Code 1990, § 12.08.340; Ord. No. 91-02, § 1, 1991)

All clearing, grading, excavation and fill work, including excavation embankment slope surfaces, shall be protected from erosion by revegetation and/or convenient other means. The erosion control facilities will be designated to reduce the runoff velocities and prevent erosion and sedimentation. This section applies to exempted work and work performed under an encroachment permit as well as any work done under a grading permit.

(Code 1990, § 12.08.350; Ord. No. 91-02, § 1, 1991)

(a)

Excavation slopes shall not be steeper than two horizontal to one vertical. The Director may approve a steeper slope provided that a report prepared by a soils engineer states that the slope will be stable and that it will not constitute a hazard. If an adjacent foundation or structure may be in danger because of the excavation, a flatter slope may be required.

(b)

The top of all excavation slopes shall not be closer than three feet to any property line, measured from the edge of slope rounding. Front property lines adjacent to public rights-of-way are exempt from this requirement.

(c)

On high slopes, the design shall include provisions to prevent runoff water from flowing over the top of a cut slope onto the slope face. The soils report shall address this factor.

(Code 1990, § 12.08.370; Ord. No. 91-02, § 1, 1991)

Material encountered that is determined to be unsuitable for the planned use by the engineer or the Director shall be removed and replaced with suitable approved material.

(Code 1990, § 12.08.380; Ord. No. 91-02, § 1, 1991)

(a)

The area on which fill is to be placed shall be cleared of all vegetation such as trees, logs, stumps, roots, brush and heavy growth of grass and any other material such as debris, metal and nonearthen materials which cannot be properly consolidated or will not support the load of the fill and/or structures. The cleared area shall extend three feet outside the area filled.

(b)

The ground area on which any fill is to be constructed shall be compacted to a minimum relative compaction of 90 percent throughout the top six inches. The installation of any required subdrains to intercept underground water shall also be accomplished prior to fill construction; this includes any drainage facilities necessary to the design of the fill. The soil around subdrains shall be pea gravel and need not be compacted.

(c)

Fills to be constructed on existing ground slopes that are steeper than five horizontal to one vertical shall be keyed into the existing slope by benches excavated in the existing ground. The excavated material together with the fill material shall be recompacted to a relative compaction of 90 percent. The width of the benches for keying new fills into existing shall be such that a slip plane is not created between the original ground and the fill.

(d)

The slopes of a fill shall not be steeper than two horizontal to one vertical except where the soils report states that steeper slopes may be constructed and maintained safely.

(e)

As a minimum, the top and bottom of fill slopes shall be so located that they conform to the table below:

The above requirements shall be met unless the soils report recommends different requirements. The requirements shall provide for the safety of the adjacent properties and structures to prevent damage resulting from water runoff, erosion of the slopes or the resultant sedimentation.

(f)

Fill or backfill of earth and rock shall be placed and compacted pursuant to Section 19 of the State specifications except that the required compaction shall be 90 percent.

(g)

The side slopes of all fills shall be compacted and otherwise treated as specified by the soils report.

(h)

When a soils engineer is required by this chapter to inspect the fill construction, the report of the inspection and testing shall be furnished to the Director without charge. Sufficient field tests shall be taken to determine the density of the ground and embankment material but shall not be less than one test in each two feet of vertical lift of fill. The absence of test reports, or inaccuracy or inconsistency in test reports, shall be cause to reject the construction. The work will not be approved nor the certificate of construction accepted until the tests and reports are satisfactory to the Director. All fills shall be designed to protect any existing trees that are to remain.

(Code 1990, § 12.08.390; Ord. No. 91-02, § 1, 1991)

The transfer of a grading permit from the permittee to another person will only be approved when ownership of the property has changed hands. The permit may then be transferred to the new owner with the approval of the Director. The person to whom the grading permit is transferred shall agree to comply with the requirements of the original permit, to any modification or conditions of the site or change in plans and/or specifications since the permit was issued and to agree to furnish the required security.

(Code 1990, § 12.08.392; Ord. No. 91-02, § 1, 1991)

The applicant shall pay to the Department a plan check fee and a grading permit fee based on the latest master fee schedule as adopted by resolution of the Town Council, plus any other fees or penalties which may be due the Town associated with the property. The plan check fee, and any other fees or penalties due the Town, shall accompany the application.

(Code 1990, § 12.08.394; Ord. No. 91-02, § 1, 1991)

(a)

Any person performing grading work, whether in accordance with this chapter or in violation of this chapter, whether in conformance with the terms of a grading permit or in violation of the terms of a grading permit, or any person causing such work on be performed shall bear full responsibility for any liability which may arise from that work and shall indemnify and defend the Town from any claims which may arise from such work.

(b)

Any person applying for a permit under this chapter must provide evidence of current workers compensation insurance which will cover all employees on the job.

(c)

(1)

The Director shall require that an applicant supply acceptable proof of liability insurance in advance of issuing any permit. Failure to provide acceptable proof of insurance when requested by the Director will be grounds for denial of the permit requested.

(2)

The Director shall require the applicant or contractor to furnish a certificate of insurance countersigned by an authorized agent of the insurance company setting forth the general provisions of the liability insurance coverage. This certificate shall name the Town, its officers, employees and agents as additional insured under the policy. The certificate shall contain a statement of the obligation of the insurance company to notify the Director at least ten working days prior to any material change or cancellation of the coverage. Liability insurance coverage limits for the Town, its officers, employees and agents shall be within the minimum policy limits of $500,000.00 each person and $1,000,000.00 each occurrence for bodily injury liability and $250,000.00 each occurrence and $500,000.00 aggregate for property damage liability and $250,000.00 each occurrence and $500,000.00 aggregate for property damage liability or a combined single limit for bodily injury liability and property damage liability combined of $1,000,000.00 each occurrence and $1,000,000.00 aggregate. Upon application to the Director and with good cause, a reduction in insurance requirements may be allowed.

(d)

Cancellation of any insurance required under this section will be grounds for the Director to revoke the permit issued and to halt any work on the job until insurance is reestablished.

(e)

Facilities placed within the right-of-way shall be there at the owner's own risk. The Town shall not be responsible for any damage to such facilities, no matter what the cause of such damage.

(Code 1990, § 12.08.398; Ord. No. 91-02, § 1, 1991)

(a)

The Director, before issuing a permit, shall require the applicant to furnish a security, in a form satisfactory to and approved by the Town Attorney in the sum of 120 percent of the estimated cost of the total work at prevailing wage, plus a 20 percent contingency, conditioned on the faithful performance of the work within the time specified or within an extension thereof granted by the Director. The security shall obligate the owner, surety, executors, administrators, successors and assigns jointly and severally, to the Town for the faithful performance of the work required. If the estimated cost of the work is less than $1,000.00, no security shall be required.

(b)

In lieu of the security required in Subsection (a) of this section, the applicant may post a security that guarantees the restoration of the site to its original condition in the event of abandonment of the work by the owner, if acceptable to the Director.

(c)

The term of each security shall begin on the date of its posting and shall end on the satisfactory completion of the terms and conditions of the permit as set forth in Section 12.16.290.

(d)

Upon completion of the work, the permittee shall provide a security to guarantee the maintenance of the vegetative erosion protection measures as specified in this chapter. The amount of the security shall be as set forth by the Director but shall be no less than ten percent of the security specified in Subsection (a) or (b) of this section. This security shall be held until a minimum of 80 percent of the revegetation, as determined by the Director, has adequately been permanently established. Such securities will be reviewed for release after October 15 of each year.

(Code 1990, § 12.08.400; Ord. No. 91-02, § 1, 1991; Ord. No. 07-04, § 3(exh. B), 2007)

(a)

A grading permit may be suspended, revoked or declared to be in default for any of the following reasons:

(1)

Conditions at the site indicate a variance from or noncompliance with the approved plans and specifications, grades or other conditions of the grading permit;

(2)

When a cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties;

(3)

The permittee does not comply with reasonable requirements to safeguard workers, the public, or other persons acting in a lawful manner during construction operations;

(4)

In transporting materials or in the operation of equipment in connection with the operations for which the permit was issued, the permittee causes materials or litter to encroach, obstruct or be deposited on pavement or in drainage channels, or causes unauthorized obstructions or diversion of drainage channels within the site area, or violates any other provisions of this chapter or the laws of the Town or the State; or

(5)

Ineffective slop stabilization, erosion control or other planned measures that are not working as planned.

(b)

(1)

Upon issuance of a written notice to stop work or the suspension of the grading permit, the permittee shall immediately stop all work connected therewith. The stop work order shall remain in force until the objectionable condition, hazard or encroachment has been corrected and provisions to prevent reoccurrence have been made. The Director shall give written notice to the permittee of the removal of the stop work order;

(2)

When a permit has been revoked, work on the site shall not begin again until a new permit with the necessary revisions to the plans and specifications or methods of operation required to fulfill the intent of this chapter has been approved by the Director; or

(3)

If grading permit is revoked pursuant to this section, full fees shall be paid for the issuance of a new permit in addition to any other fees or penalties that may be applicable.

(c)

The security in effect at the time of revocation shall remain in effect until the requirements of the grading permit have been fulfilled. If the permittee refuses to abide by the requirements of the permit, the Director shall exercise the right, as outlined in this chapter, to correct the reasons for the revocation.

(Code 1990, § 12.08.402; Ord. No. 91-02, § 1, 1991)

(a)

When the Director finds that a default has occurred in the performance of any terms or conditions of any permit issued under the requirements of this chapter, a written notice of default shall be given to the owner. When a security has been posted, the surety shall also be given a copy of the notice of default. Notices shall be mailed by first class mail at the address given for the owner in the application and given for the surety in the posted security documents. The notice of default shall State the work necessary to be done to achieve a safe and satisfactory condition, the approximate period of time deemed reasonably necessary by the Director to complete the work, and any additional penalties and fees resulting from the default.

(b)

Should the owner fail to perform the work set forth in the notice within the specified time, the Director shall claim the security and take the action necessary to complete the work. When the work is completed to the Director's satisfaction, the Director shall determine the Town's costs in having the work performed, including all administrative, enforcement, legal costs, penalties, fines and fees. This cost shall be deducted from any funds remaining, and the balance shall be returned to the owner or surety, as the case may be. In the event the costs exceed the amount of the security, the owner shall be liable for such excess costs and such costs may be liened against the property.

(Code 1990, § 12.08.404; Ord. No. 91-02, § 1, 1991)

The provisions of this chapter may be enforced by any peace officer, the Code Enforcement Officer, the Public Works Director or a person duly authorized by the Town.

(Code 1990, § 12.08.406; Ord. No. 91-02, § 1, 1991)

(a)

Appeal to Town Manager. Any person aggrieved by a decision of the Director under the provisions of this chapter may, within ten days after the rendering of such decision, file a written appeal with the Town Clerk:

(1)

If an appeal is not filed within ten days, the decision of the Director shall be final and the right to all further hearings shall be waived.

(2)

Upon receipt of a request for a hearing, the Manager shall calendar a hearing, not less than ten days nor more than 30 days from receipt of the request.

(3)

The Manager, at the time set for the hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to

the violation or nuisance and to any proposed means for rehabilitation, repair or demolition of such.

(4)

The hearing may be continued from time to time.

(5)

Upon or after the conclusion of the hearing, the Manager shall, based upon such hearing, determine whether the site, or any part thereof, as maintained, constitute a violation of the Town ordinances or a nuisance as defined by Section 8.20.020. If the Manager finds that such a violation or nuisance does exist and that there is sufficient cause to rehabilitate, demolish or repair the same, the Manager shall make a written order setting forth the findings and ordering the owner, contractor or other person having charge of such site to abate such violation or nuisance in the manner by having such sites rehabilitated, repaired or demolished in the manner and means specifically set forth in the order. Such order shall set forth the times within which such work shall be commenced and completed.

(6)

Such order and findings shall be served upon the owner, contractor, or person in charge of the site by ordinary first class mail to the address provided in the written appeal for the hearing, if any, and otherwise, to the address where the nuisance has been determined to exist and shall contain a detailed list of needed corrections and abatement methods. If no mailing address is so available, such order and findings shall be posted in a conspicuous place near the front entrance of the site on which the violation or nuisance has been determined to exist.

(b)

Appeal to Town Council. Any person who has taken an administrative appeal to the Town Manager pursuant to Subsection (a) of this section may, within ten days from the issuance of the order by the Manager, file a written appeal to the Town Council with the Town Clerk.

(1)

If an appeal is not filed within ten days, the decision of the Manager shall be final and the right to all further hearings shall be waived.

(2)

The appeal shall be set for hearing and heard at a meeting of the Council not more than 30 days after the filing of such appeal.

(3)

The Council at the time set for hearing, shall hear and consider all relevant information presented and shall receive information from owners, witnesses, Town personnel and other interested persons relative to the violation or nuisance and to any proposed means for rehabilitation, repair or demolition of such.

(4)

The hearing may be continued from time to time.

(5)

The decision of the Council shall be final and conclusive.

(c)

Judicial review of any final decision of the Town Council may be sought by petition for writ of administrative mandamus in the manner and in the time provided in the Code of Civil Procedure §§ 1094.5 and 1094.6.

(Code 1990, § 12.08.410; Ord. No. 91-0, § 1, 1991)

Any person violating any of the provisions of this chapter is civilly liable for damages to the Town for the cost of the removal and restoration of any grading together with any other damages directly or indirectly caused by the violation. Such action may be maintained by the Director for and on behalf of the Town and in the name of the Town. In addition to any other remedy or punishment, upon order of the Town Manager, the district attorney or the Town Attorney shall bring an action in the Superior Court under the provisions of the Code of Civil Procedure § 525 et seq. to enjoin violation of this chapter.

(Code 1990, § 12.08.420; Ord. No. 91-02, § 1, 1991)

(a)

Any person performing work in violation of this chapter shall receive a stop work order from the Department ordering the work to stop immediately, citing the violations and listing remedies to be undertaken. The person receiving such a notice must stop work immediately and respond to the Department within 48 hours to be in compliance with this chapter. The Department shall then set a timeframe for bringing the work into compliance with this chapter. If the work is being done without a permit, all work shall stop until the owner of the land, or agent, upon which the work is being performed shall apply for a permit in compliance with this chapter.

(b)

Upon failure of any person to stop work immediately and/or to comply within 48 hours, or the timeframe given to make corrections, with any written order of the Department made under these regulations, or to make satisfactory progress, as determined by the Director in so doing, the Town may proceed pursuant to Sections 12.16.470 and this section to enforce the provisions of this chapter and any other means legally available to it.

(c)

Any person violating the provisions of this chapter is guilty of a criminal violation in accordance with Chapter 1.12 and shall also be subject to penalties as follows:

(1)

For properties in violation of this chapter and which do not have a grading permit: $100.00 or five percent of what would be all grading permit fee costs, whichever is greater, plus all enforcement, administrative costs and expense, and legal fees.

(2)

For properties in violation of this chapter and the respective active grading permit: all fees and costs associated with the issuance of the grading permit shall be a penalty owed the Town and no further work shall commence until paid in full.

These penalties are in addition to any other penalties or fees which may be applicable.

(d)

Assessment of penalties may be against the property owner, agent or both. It shall be illegal to continue any grading work on the property until all fees, penalties and remedies are satisfied. Failure to submit such fees or penalties within 60 days of notice shall result in such fees, plus all additional administrative, enforcement and legal costs being assessed and collected pursuant to Subsection (e) of this section.

(e)

Violation of this chapter is considered to be a public nuisance and collection of any owed penalties and or fees shall be recorded and liened against the respective property pursuant to the procedures outlined in Chapter 1.18.

(Code 1990, § 12.08.430; Ord. No. 91-02, § 1, 1991)

The owner shall execute a hold harmless clause in the permit which shall read as follows:

The permittee, for himself or herself, his or her contractors and employees, agrees to save, indemnify and hold harmless the Town, its officers, employees and representatives from all liabilities and claims from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit until completion is approved by the Director and a Certificate of Completion filed. The permittee does further agree to defend the Town in any claim arising out of, or as a result of the work done under this permit.

(Code 1990, § 12.08.440; Ord. No. 91-02, § 1, 1991)