Ridgecrest Municipal Code § 104-12 Modifications of permit; costs assessed

Every person violating any provision of this chapter is guilty of a misdemeanor.

(Code 1980, § 16-1.12; Ord. No. 149, § 13)

The city council does hereby find that there exists within the city a serious and hazardous problem of erosion of soil from land surfaces by wind action which erosion problem affects the health, safety, welfare, and property of the residents of the city. The city council further finds that is necessary to regulate the disturbance of soil surfaces and to require measures to control wind erosion of soil.

(Code 1980, § 16-1.1; Ord. No. 149, § 2)

It shall be unlawful for any person, firm or corporation, or any agent thereof who is in possession or control of land to disturb the surface or subsurface of land by excavation, leveling, cultivating, grading, or by distributing or spreading soil on land, or by any other action likely to cause or contribute to wind erosion of soil without first obtaining a permit from the city engineer. The following provisions within this section govern the permits hereby required:

(1) A grading permit is required when an amount of material between 51 cubic yards and 199 cubic yards of material is moved. If any portion of the material subject to this subsection (1) is fill, and is in the building footprint, a compaction report is also required.

(2) An engineered grading plan and grading permit are required when 200 cubic yards or more of material is moved. If any amount of the material subject to this subsection (2) is fill, a compaction report is also required. The engineered grading plan required by this subsection (2) shall be prepared by a duly registered civil engineer.

(3) A grading permit is not required when the lot at issue is less than 10,000 square feet and no more than 50 cubic yards of material is moved. However, if any portion of the material subject to this subsection (3) is fill, and is in the building footprint, a compaction report is required.

(4) A permit is not required for normal landscaping, cultivation of existing plantings, improvement of landscaping or planting on single lots, or for farming operations. However, adequate protective measures shall be provided in the course of any activity subject to this subsection (4).

(Code 1980, § 16-1.2; Ord. No. 149, § 3; Ord. No. 91-07, § 2; Ord. No. 17-02, 5-17-2017)

An applicant for a permit, hereinafter called "grading permit," to disturb the surface or subsurface of land, shall be the owner of said land. The applicant shall present detailed written plans for the development of the site in a form satisfactory to the city engineer. Such plans may be those required under the zoning or subdivision chapter for land development. An applicant for a grading permit must also state in writing the applicant's proposed method to control wind erosion:

(1) During the grading operation; and

(2) For any period thereafter during which the land may be exposed with natural protective vegetation removed.

(Code 1980, § 16-1.3; Ord. No. 149, § 4)

An applicant for a grading permit shall pay a fee established by resolution upon application.

(Code 1980, § 16-1.4; Ord. No. 149, § 5)

The city engineer shall check the applicant's plans to determine compliance with city ordinances and state law prior to issuing a grading permit. He shall also submit these plans to the city planning director for review and comment prior to issuance of the permit. The city engineer may require of the applicant any additional information on the plans necessary to ensure that the proposed construction shall be to city standards. The city engineer may deny the applicant a grading permit until the plans for development or soil erosion control are acceptable to him or until the applicant receives approval of the planning commission and city council pursuant to applicable zoning or subdivision chapter provisions.

(Code 1980, § 16-1.5; Ord. No. 149, § 6)

The city engineer may, as part of the terms and conditions of granting a grading permit, authorize the use of one or a combination of the following soil erosion control methods:

(1) Watering the soil of the site and the adjacent streets being used in connection with soil disturbance operations on the site.

(2) Installation and property maintenance of snow fences to a minimum height of three feet and set back six feet from the property line.

(3) Resin base or other suitable soil palliative.

(4) Complete cover of gravel or rock landscaping.

(5) Organic mulches, sprinkler irrigated.

(6) Irrigated grasses.

(7) Landscape vegetation.

(8) Other methods proposed by the applicant and found acceptable by the engineer.

(Code 1980, § 16-1.6; Ord. No. 149, § 7)

The city engineer shall, in granting a grading permit, require:

(1) That the permit state a date for beginning soil disturbance operations, the period for which the permit is valid, and the approved methods of preventing and controlling soil erosion by wind during soil disturbance operations and after the land has been denuded of natural vegetation.

(2) That the permit state that the city engineer may suspend said permit for the permittee's failure to comply with its terms and conditions.

(3) Such additional conditions as he may determine are required in order to ensure the permittee's compliance with this chapter and other applicable city ordinances and state law.

(4) That the applicant deposit with the city a sum of lawful money of the United States in the amount established by resolution based on the amount of acreage to be disturbed.

(Code 1980, § 16-1.7; Ord. No. 149, § 8)

The cash deposit referred to in the previous section shall be retained by the city until the development proposed in the approved plans is completed and the danger of soil erosion by wind is, in the opinion of the city engineer, eliminated or until natural vegetation has grown over the site sufficient to reduce the hazard of wind erosion of soil on the site.

(Code 1980, § 16-1.8; Ord. No. 149, § 9)

(a) The city engineer may, during a situation in which, in his opinion, blowing sand or dust from a site under permit is causing or may cause a public nuisance or hazard affecting the health, safety, welfare, or property of residents neighbor to the site, after giving the permittee due notice and time to take corrective action and upon the permittee's failure to act within a period of time determined by the city engineer to be reasonable, suspend the grading permit and cause the site to be watered down to reduce said nuisance or hazard.

(b) The city engineer shall cause a record of the costs of corrective action he has caused to be taken to be kept and filed and shall deduct the costs from the permittee's deposit.

(c) If the costs exceed the amount of the deposit, the difference shall be billed to the permittee. Any costs remaining unpaid 30 days after billing shall be filed as a lien upon the property under permit.

(Code 1980, § 16-1.9; Ord. No. 149, § 10)

The city engineer may, if in his opinion the permittee failed to comply with the terms and conditions of the permit for an unreasonable period, give notice to the permittee of the time and place of a hearing before the city council on the question of revoking the permit. This notice shall be mailed to the permittee not less than five calendar days prior to the date of the hearing.

(Code 1980, § 16-1.10; Ord. No. 149, § 11)

The city council may modify or impose additional conditions on a permit or, after making a finding that the permittee is failing to comply with permit terms and conditions such that a public nuisance or hazard affecting the health, safety, welfare, or property of residents neighbor to the site exists, revoke the permit and order the city engineer to cause a resin base or other suitable soil palliative to be spread over the site. The council shall order that the costs of such palliative and its spreading shall be deducted from the permittee's deposit and that costs greater than the deposit be billed to the permittee. Any said costs remaining unpaid 30 days after billing shall be filed as a lien on the property under permit.

(Code 1980, § 16-1.11; Ord. No. 149, § 12)