Article IV — Permit Requirements

The director shall issue grading approval if final grading plans satisfy the provisions of the grading ordinance and the Manual of Standards. The director shall identify the provision, requirement, or condition which has not yet been met or performed by the applicant in the event the issuance of grading approval is denied. (Prior code § 9.34.1801)

A. The applicant shall pay a fee to cover the city's costs of reviewing plans, specifications, reports and other materials related to grading approval and performing all engineering services, field investigations, inspections, routine laboratory tests of materials and compaction or other work or services in connection with the issuance of grading approval or to determine or enforce compliance with any requirement or provision set forth in this chapter or in Chapter 13.16.

B. The fee or fees required by subsection A shall be established from time to time by resolution of the city council and shall be paid to the director either before grading approval is issued or before the issuance of a building permit, or both in accordance with the fee schedule adopted by resolution of the city council. The director may charge additional fees in any case where the city incurs costs that are not covered by the initial fee payment(s).

C. If grading work is done in violation of the grading ordinance or does not comply with the terms and conditions of a grading approval issued for such grading, the violator is required to pay the city for all costs actually incurred by the city to inspect or investigate such violation and to perform inspection and plan checking of work required to correct the violation. (Ord. 2003-058 § 4; prior code § 9.34.1802)

Applicant shall submit periodic progress reports on specified calendar dates and at commencement and completion of specified grading and erosion and sediment control operations. The dates upon which such reports are required and their content shall be as required by the director in the grading approval. (Prior code § 9.34.1803)

The applicant shall submit to the director record construction drawings of the final grading plan and erosion and sediment control plans following completion of grading operations. (Prior code § 9.34.1804)

The director may inspect any work done pursuant to the grading ordinance at any time during the course of construction. No person shall be deemed to have complied with the grading ordinance until a final inspection of the work has been made by the director. As a condition of any grading approval, the applicant shall provide the city a right-of-entry and reasonable access, in accordance with Section 15.88.470 of this chapter, to the site during the performance of all work and for a minimum period of one year after acceptance by the director of all improvements pursuant to the grading ordinance. (Prior code § 9.34.1805)

Prior to any grading work or related activities, the owner must flag all property corners of the parcel of land to be graded. If the property corners are unknown, or whenever the location of a property line or easement or the title thereto is disputed during the application process or during a grading operation, a survey by a licensed land surveyor or civil engineer or other resolution of the title dispute, all at the expense of the applicant, may be required by the director. (Prior code § 9.34.1806)

A. Protection of Utilities. The applicant shall be responsible for the prevention of damage to any public utilities or services.

B. Protection of Adjacent Property. The applicant shall be responsible for the prevention of damage to adjacent property. No person(s) shall excavate on land that is so close to the property line as to endanger any adjoining public street, sidewalk, alley, structure or other public or private property or easement without supporting and protecting such property from any damage which might otherwise result.

C. Advance Notice. The applicant shall notify the director at least twenty-four (24) hours prior to the start of work.

D. Erosion and Sediment Control. It shall be the sole responsibility of the applicant to prevent discharge of sediment from the site, in quantities greater than before the grading occurred, to any watercourse, drainage system, or adjacent property.

E. Compliance with Stormwater Management and Discharge Control Code. At all times during the preconstruction and construction of any project for which grading approval is issued until all final improvements and permanent structures are complete, the applicant shall fully comply with all applicable requirements of the city's Stormwater Management and Discharge Control Code, set forth in Chapter 13.16. (Ord. 2003-058 § 5; prior code § 9.34.1807)

All the work required by the permit or grading approval shall be completed within the time limits specified in the permit or approval. If the work cannot be completed within the specified time, a

request for an extension of time setting forth the reasons for the requested extension shall be presented in writing to the director no later than thirty (30) days prior to the expiration of the permit or approval. The director shall in his or her sole discretion approve or deny such request. The director may require a new application and fees depending on the time between the expiration date and the extension request, revisions in city regulations, and/or changed circumstances in the immediate area. (Prior code § 9.34.1808)

No approval or permit issued under the grading ordinance may be transferred or assigned in any manner whatsoever, without the express written consent of the director. (Prior code § 9.34.1809)

• A. As a condition for the issuance of grading approval, the director may require the deposit of an improvement security in an amount deemed sufficient by him or her to assure faithful performance of the grading work in the event of default on the part of the applicant. Said security shall be in a form acceptable to the city.

• B. In the case of subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work and subdivision improvements have been accepted by the city.

• C. For projects other than subdivisions, the improvement security shall remain in effect until final inspections have been made and all grading work has been accepted by the director.

D. In addition to the improvement security, the director may also require the deposit of maintenance security in an amount deemed sufficient by him or her to guarantee and maintain the grading work performed, to assure the proper functioning of drainage systems and adequate erosion and sedimentation control. Said maintenance security shall be in a form acceptable to the city and shall remain in effect for a period of one year after the date of acceptance of the improvements or grading work, as designated in subsections B and C of this section, or such other periods of time as required by the director.

E. Any deposit required by the director pursuant to this title shall be payable to the city.

F. Upon failure to complete the work, failure to comply with all of the terms of the grading ordinance, or failure of the completed site to function properly to provide proper drainage or erosion and sedimentation control, the city may do the required work, or cause it to be done and collect from the applicant or surety all costs incurred thereto, including administrative and inspection costs. Any unused portion of a deposit shall be refunded to the applicant after deduction by the city of the cost of the work. (Prior code § 9.34.1810)

Appeals of any decision made pursuant to the grading ordinance shall be made to the construction codes advisory and appeals board in writing, setting forth the specific grounds therefor. Such appeals shall be heard and determined in accordance with the procedures set forth in Chapter 2.48 of this code. (Prior code § 9.34.1811)