Chapter 7-12 — GRADING, EXCAVATIONS AND FILLS

Article 1 Definitions(Legislative History: Ordinance No. 93-013, 8/16/93, Section 7-12-100)

The following words and phrases, wherever used in this Chapter, shall be construed as defined in this section unless otherwise required by the context. The singular shall be taken to mean the plural, and the plural shall mean the singular when required by the context of this Chapter.

Applicant. "Applicant" is the property owner, authorized agents and employees, who apply for a grading permit pursuant to this Chapter.

Bench. "Bench" is a relatively level surface interrupting the slope of an excavation or embankment in sloping natural ground or cut or fill surfaces.

Building Permit. "Building permit" means a currently valid building permit issued by the City of San Leandro.

City. "City" means the City of San Leandro.

City Manager. "City Manager" means the City Manager of the City of San Leandro.

City Council. "City Council" means the City Council of the City of San Leandro.

Civil Engineer. "Civil Engineer" means a civil engineer registered as such by the State of California.

Civil Engineer in Charge. "Civil engineer in charge" is that particular civil engineer whose signature appears on the Initial Statement of the Engineer (Section 7-12-240) submitted to' the Engineering and Transportation Department with an Application for Grading Permit (Section 7-12-215)

Clearing and Grubbing. "Clearing and Grubbing" is site preparation for grading or construction by mechanical or manual means consisting primarily of, but not limited to, the removal of vegetation.

Compaction. "Compaction" is the densification or fill by mechanical means.

Cut Slope. "Cut slope" is a finished or interim surface of graded material caused by the removal of existing soils which exist naturally or as the result of previous filling, dumping or other method of placement.

City Engineer. "City Engineer" means the City Engineer of the City of San Leandro.

Director of Development Services. "Director of Development Services" means the Director of Development Services of the City of San Leandro.

Elevation. "Elevation" is the vertical distance above NGV Datum.

Erosion. "Erosion" is the wearing away of ground surface due to natural action of the elements.

Excavation. "Excavation" means cutting, digging or moving of earth, rock or similar materials and includes the conditions resulting therefrom.

Expansive Soils. "Expansive soils" are those soils which are likely to cause damage to improvements such as streets, structures and buildings from their natural actions depending on water content.

Fill. "Fill" means the depositing or placing of earth, rock or similar materials, from the same or different site, and includes the conditions resulting therefrom.

Grading. "Grading" means excavating or filling, or any combination thereof, and shall include the conditions resulting from any excavation or filling.

Land Disturbance. "Land disturbance" is any moving or removing of the soil mantle or top six inches of soil whichever is shallower, by manual or mechanical means whether or not that soil is removed from the site, when the disturbed site area is greater than 10,000 square feet measured horizontally, for all purposes except gardening or agriculture.

Land Stability Problem Area. "Land stability problem area" means any site where there is information available in the Engineering and Transportation Department to indicate special consideration must be undertaken due to purported land stability problems on or in the vicinity of the site.

Natural Planting. "Natural planting" means the planting of varieties of plants which will survive under the natural conditions of graded areas without regular irrigation and maintenance after establishment.

Permanent Excavation or Fill. "Permanent excavation or fill" means excavation or fill created other than as defined herein as "temporary" excavation or fill.

Person. "Person" means an individual, business and any other legally constituted entity such as, but not limited to, a partnership and a corporation.

Plans. "Plans" means maps, sketches, profiles, construction drawings and specifications, or any combination thereof as required to adequately describe the work, all as prepared by a Civil Engineer, all in accordance with this Chapter. "Plans" shall also include grading plans, drainage plans, erosion control plans and sedimentation control plans.

Sediment. "Sediment" means earth material deposited by water

Soils Report. "Soils report" means a report prepared by a California registered civil engineer which shall include, but is not limited to, field test results and observations regarding the nature, distribution and strength of existing soils and recommendations and conclusions for grading procedures and design(s) for corrective action if necessary (including specifications for doing the work). The contents of said report being more specifically designated in Section 7-12-275.

Site. "Site" means all that contiguous parcel of land where grading is required to be accomplished under a permit.

Slope. "Slope" is an inclined ground surface the inclination or rate of slope of which is expressed as a ratio of horizontal distance to vertical distance, or as a percent using a ratio of vertical rise per 100 feet of horizontal distance.

Superintendent. "Superintendent" is the property owner or that particular agent of the property owner, who is fully responsible for the performance of the work required by this Chapter.

Temporary Excavation or Fill. "Temporary excavation or fill" means excavation of fill created as a temporary condition to accommodate construction of a structure authorized by a valid building permit, and which will not remain after completion of the work.

Watercourse. "Watercourse" means stream, stream bed, creek, canal, paved ditch, lake or other open drainage way.

Wet Season (or Rainy Season). "Wet Season (or Rainy Season)" is October 15th through April 15th inclusive.

Article 2

Permit—Application(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-200 — 7-12-290)

No person shall do or cause any grading on property without first having obtained a permit to do so from the City Engineer if such grading will result in any of the following:

(a) The volume of excavation or fill will exceed 50 cubic yards provided either:

(1) The existing or the resulting rate of slope will exceed 20%, or

(2) The vertical distance between the top and bottom of excavation or fill will exceed five feet at any location.

(b) Any permanently unretained excavation or fill exceeding five cubic yards where the vertical distance between the top and bottom of the excavation or fill exceeds five feet at any location, disregarding benches; and the rate of slope of the surface exceeds two to one (2:1) for fill or one and one-half to one (1 1/2:1) for excavation, regardless of findings in the "Soils Report" called for in Section 7-12-275 herein.

(c) Any excavation or fill exceeding five cubic yards within 15 horizontal feet of any property line if the bottom of such excavation is below a line descending at a rate of slope of two to one (2:1) from the existing ground surface at such property line, or if the top of such fill is above a line ascending at a rate of two to one (2:1) from such property line, regardless of the findings in the "Soils Report" called for in Section 7-12-275 herein.

(d) Grading in connection with a building, swimming pool retaining wall or other structure where the vertical distance between top and bottom of the unretained slope will exceed five feet at any point, disregarding benches, when the cut slope exceeds one and one-half to one (1 1/2:1) or the fill slope exceeds two to one (2:1).

(e) Any retained or unretained excavation or fill of any volume and height where the City Engineer has information or purported land stability problems on or in the vicinity of the site (i.e., "Land Stability Problem Area").

(f) Any "land disturbance" as defined in Section 7-12-100, where the rate of slope of the ground surface exceeds 20%.

(g) An excavation or fill which will encroach on or alter a natural drainage channel or watercourse.

(h) The construction, reconstruction, alteration, repair, or installation of any structure in any natural watercourse.

(i) Removal of the natural vegetation or groundcover from an area in excess of 5,000 square feet.

Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. If the emergency work will result in any of the criteria set forth above, an application for grading permit shall be initiated with the City Engineer no later than 10 days after the commencement of the emergency and said application shall be diligently pursued by the applicant.

A separate permit shall be required for each non-contiguous site. One permit may cover both an excavation and a fill on the same site. Property of a given ownership "divided" by a street, path, easement, is considered contiguous.

No permit shall be required pursuant to this Chapter for any of the following:

(a) Temporary excavations in a public street or public right-of-way for which a permit has been
issued under Chapter 1 of Title V of this Code.

(b) Any public agency which has a reciprocity agreement with the City of San Leandro
pursuant to work under this Chapter.

(c) Any excavation below finished grade for basement, footing, retaining wall. swimming pool
or other structure authorized by a valid building or foundation permit, which excavation
will be completely occupied by and retained by the structure, provided such excavation is
conducted in accordance with the laws of the State of California relating to lateral support
when the existing and finished ground slope will not exceed 10%.

(d) A fill above existing grade, which fill will be retained by the exterior wall of a building, a
retaining wall, swimming pool or other structure authorized by a valid building permit
when the existing and finished ground slope will not exceed 10%.

(e) Grading within a street to conform to elevations established by the City Engineer and for
which a permit has been issued under the provisions of Title V of this Code.

(f) For test trenches, pits and borings done under the supervision of a civil engineer or
registered geologist or certified engineering geologist in accordance with the applicable
regulations of the City and the State of California.

(g) Cemetery graves.

(h) Water wells.

(i) Grading in accordance with plans incorporated in an approved surface mining permit,
reclamation plan or sanitary landfill.

(j) Denudation ordered in writing by the Fire Marshal for the preservation of life or property.

The application for a grading permit must include all of the following items:

(a) Application form.

(b) Vicinity Map, Site Map and grading plan.

(c) Erosion and sedimentation control, and drainage plan. (Can be shown on grading plan.)

(d) Pollutant control plan.

(e) Statement(s) of the engineer(s) in charge.

(f) Soils Report, unless omission of same is approved in writing by the City Engineer.
Contents of the Soils Report shall be as delineated in Section 7-12-275.

(g) A landscape addendum to the erosion and sediment control plans by a licensed landscape
architect when required by the Director of Development Services.

(h) Proposed work schedule.

(i) Fee and deposit for review of the application in accordance with the current Master Fee
Schedule.

(j) Itemized estimate of cost of work by a Civil Engineer (Including retaining structures.)

(k) Such other items as may be required by the City Engineer or duly authorized representative
to aid in the understanding and review of the proposed grading work.

The following information is required on the grading permit application form:

(a) A description of the property in sufficient detail to permit its identification and general
location.

(b) The name(s) and address(es) and phone numbers of the owner or owners of the property.

(c) A statement of the purpose of the grading work.

(d) Whether the grading is for the purpose of preparing the site for a subdivision under the
provisions of the State Subdivision Map Act and Title VII, Chapter 1 of this Code.

(e) The name, address, telephone number and contractor's license number of the person or firm
who will be doing the grading.

(f) The names, addresses, or registration numbers, of the civil engineer(s) in charge who will
direct the grading work, who prepared the grading plans and who will provide the testing
and inspection of the work.

(g) The amount in cubic yards of the proposed excavation and fill and the amount of the
cumulative total of grading work.

(h) The equipment and methods to be used in the grading work.

(i) Whether any material will be hauled from or imported onto the site over public streets, and
if so, the site from which or to which said material will be moved and the routes to be used.

(j) The approximate starting and completion dates of the grading work.

(k) An estimate of total cost of all grading work.

(l) Whether the grading is located within the Special Studies Zone, Flood Hazard Area, watercourse, or Land Stability Problem Area or Site Containing Expansive Soils.

(m) The signature of the owner or authorized agent and the date of the application.

(n) Such further applicable information, including a legal description of the site, as the City
Engineer may require in order to carry out the purposes of this Chapter.

The vicinity map shall show the project site in relationship to the surrounding area's water courses, water bodies and other significant geographic features, roads and other significant structures.

The site map and grading plan shall be prepared and signed by a civil engineer and shall include all of the following:

(a) A topographic and boundary survey of the site showing existing and proposed contours at
not more than five foot intervals to a minimum scale of 1:240 (1"=20') for all sites to be
graded containing up to and including five acres. Sites containing more than five acres shall
have contours at intervals and a minimum scale subject to the approval of the City
Engineer. Contour lines shall extend to the curb line of any City standard improved street
or to the center line of any other street. Enough off-site contours shall also be included to
show how surface runoff of storm water will flow onto and off of the site.

(b) Proposed limits of cuts and fills, both temporary and permanent, and other earthwork
clearly designated.

(c) Proposed retaining structures.

(d) Drainage plan — to include existing, temporary, and final drainage facilities which shall be
coordinated with erosion and sediment control plans.

(e) Existing and proposed improvements on the site.

(f) Existing off-site structures within fifteen (15') feet of the site boundary and other off-site
improvements which may be affected by the grading work.

(g) Public and private easements of record.

(h) A Soils report, as hereinbefore defined, prepared by a California registered civil engineer,
when required by the City Engineer.

(i) Typical engineering cross sections of areas to be graded and profiles of all proposed
traveled ways for vehicles and pedestrians.

(j) Measures to be taken to protect against potential hazards arising during the progress of the
grading work.

(k) If the site is in the Special Studies Zone, any purported fault trace which may or does cross
or affect the site to be graded.

(l) All proposed corrective actions to be taken to alleviate existing site conditions detrimental to the improvements proposed including expansive soils and land stability problems.

(m) Any such additional items as required by the City Engineer to clarify or provide additional
information which may be necessary to allow a complete review of the proposed work.

SEDIMENTATION CONTROL, AND DRAINAGE PLANS.

Erosion control and sedimentation control, and drainage plans shall be prepared by a Civil
Engineer and shall be subject to the approval of the City Engineer. Overall, the plans shall
ensure that storm water from the site meets the quality standards dictated by the "Storm Water
Management and Discharge Control Program Ordinance No. 92-011." The erosion and sediment
control plans shall be prepared to the current "Association of Bay Area Governments (ABAG)
Manual of Standards for Erosion and Sediment Control Measures" and the "Handbook for
Erosion and Sediment Control," and shall include the following:

(a) Interim Measures: The plans shall include interim erosion and sedimentation control
measures to be taken during wet seasons until permanent erosion and sedimentation control
measures can adequately minimize erosion, excessive storm water runoff and
sedimentation.

The plans shall include all necessary measures to be taken to prevent excessive storm water
runoff or carrying by storm water runoff of solid materials onto lands of adjacent property
owners, public streets, or to watercourses as a result of conditions created by grading
operations.

The plans shall include, but not be limited to, such measures as short-term erosion control
planting, waterproof slope covering, check dams, interceptor ditches, benches, storm
drains, dissipation structures, diversion dikes, retarding berms and barriers, devices to
trap, store and filter out sediment, and storm water retention basins. Off-site work by the
applicant may be necessary.

The applicant shall provide any off-site permission or easements necessary and present
written proof thereof to the City Engineer.

The plan shall include a schedule for the installation and maintenance of the erosion and
sediment control measures. Erosion and sediment control work shall be coordinated with
grading work.

A narrative description shall also be provided of measures to be taken, planting materials
and specifications, and maintenance provisions. There shall be a clear notation that the
plans are subject to changes as changing conditions occur. Calculations of anticipated
storm water runoff and sediment volumes shall be included, if required by the City
Engineer.

(b) Permanent Measures: The plans shall include permanent erosion and sedimentation control
measures which shall be primarily oriented towards prevention of erosion and shall include,
but not be limited to, such measures as permanent erosion control planting, paved ditches,
planted swales, benches, storm drains, dissipation structures, rip rap, and storm water
retention basins.

A narrative description shall also be provided of measures to be taken, specifications for planting materials, fertilizers, planting and maintenance procedures.

An estimate of the length of time which will be required for the planting to produce
a permanent coverage which will be sufficient to provide the degree of erosion control
protection for which it is designed.

Pollutant control plan shall be prepared by a civil engineer and shall be subject to the approval of the City Engineer. The pollutant control plan shall identify all construction or contractor activities that could cause pollutants in the storm water and what those pollutants are. Pollutants may include dust, fuels, pesticides, fertilizers and construction materials.

The pollutant control plan shall also include a description or measures or practices to control these pollutants. The plan shall further include measures to prevent or control pollutants in runoff after construction is complete.

The "Storm Water Quality Controls for New Developments in Santa Clara Valley and Alameda County" and the "California Storm Water Best Management Practice Handbooks" for construction and municipal activities, respectively, shall serve as guide for preparing the Pollutant Control Plan.

If required by Federal, State or local laws and regulations to file a Notice of Intent (NOI), the

applicant shall not be issued a grading permit until he/she has filed the required NOI to the State Water Resources Quality Board and has prepared a Storm Water Pollutant Prevention Plan (SWPPP) and said SWPPP has been reviewed and approved by the City Engineer.

ENGINEER(S) IN CHARGE.

Prior to the issuance of a grading permit, the applicant shall submit an Initial Statement of the Engineer" shown below, signed by a civil engineer who will be responsible for the grading work. Such responsibility is defined in Section 7-12-245 below.

(a) One Civil Engineer In Charge: Where one civil engineer will be in responsible charge of the entire grading project, including but not limited to the preparation of the grading plans, the exact following initial statement of the engineer is required:

Date _____ City Engineer 835 East 14th Street RE: Grading at San Leandro, CA 94577 Initial Statement of the Engineer I have been retained by ______ (Applicant) to be in responsible charge of the grading work at subject property. I will assume full responsibility as responsibility is defined in Section 7-12-245 below for carrying out the following to the best of my knowledge and ability:

(1) Assuring that testing and inspection required for the work in progress and the completed work shall be accomplished in a professional manner to determine whether all the work is being/was done in accordance with the plans and specifications approved by the City Engineer. (2) Notifying the Applicant, verbally and in writing (with a copy to the City Engineer), of any work not being performed in accordance with the approved plans and. specifications. (3) Notifying the Applicant, verbally and in writing (with a copy to the City Engineer) of any work not meeting the requirements of the approved plans and specifications. (4) Notifying the Applicant, verbally and in writing, of the modification(s) required in his or her performance and the necessary corrective measures to be taken to cure all deficiencies. (5) Submitting amended grading, erosion and sedimentation control, and pollutant control plans (through the Applicant) to the City Engineer for his or her review and approval for any significant changes caused by unforseen conditions, along with a report setting forth the reasons for these changes and the recommended changes to the improvement plans engendered as a result of the amended plans. (6) Notifying the Applicant, verbally and in writing (with a copy to the City Engineer), of any portion of the grading work affected by the amended plans and shall recommend whether or not the Applicant should proceed with the work before the amended plans are approved by the City Engineer. (7) Submitting upon the Applicant's satisfactory completion of work under the permit, a Statement of Completion with the results of all tests and inspections attached thereto. (8) Stating in writing, along with the Statement of Completion, that the interim erosion control and sediment control measures appear to be adequate if properly maintained until the permanent erosion control measures are fully established, if any are required. If my services on the job are terminated, I will, at said time of termination, submit to the City Engineer, a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed. (SEAL) Signed: _____________ Registered Civil Engineer No. _____ (Exp. Date)

(b) Different Civil Engineer In Charge: When the civil engineer in charge is other than the civil engineer who prepared the approved plan, the following paragraph will be added to the letter in subsection (a) above:

"I have examined the plans to be used for this work as prepared by (name and registration of Civil Engineer) dated ________ and hereby approve and adopt them as to the portions concerning the work to be performed under this permit."

(c) Where More Than One Civil Engineer In Charge: Where more than one civil engineer shall function as civil engineer in charge and divide their responsibilities, each will submit in the exact text, the following initial statement of the engineer:

Date ______ City Engineer 835 East 14th Street RE: Grading at San Leandro, CA 94577 INITIAL STATEMENT OF THE ENGINEER (DIVIDED RESPONSIBILITY) I have been retained by _______ (Applicant) to be in responsible charge of the portions grading work enumerated below. I will assume full responsibility as responsibility as defined in Section II below for carrying out the following to the best of my knowledge and ability: (Each individual engineer shall enumerate and provide the portions of work he or she is to be responsible for.) If my services on the job are terminated, I will, at said time of termination, submit to the City Engineer, a Statement of Partial Completion addressing the progress and conditions of all of the applicable items above and attach thereto the results of such inspections and tests which have been completed. (SEAL) Signed: ________________ Registered Engineer No. ________ (Exp. Date)

(d) When those civil engineers in charge, as specified in subsection (c) above, are not the civil engineers who prepared the approved plan, each civil engineer in charge shall add the paragraph shown in subsection (b) above.

(e) No initial statement(s) of the engineer shall be accepted as complete until all responsibilities addressed in subsection (a) above have been covered by one or more civil engineer(s) in charge.

ENGINEER(S) IN CHARGE—RESPONSIBILITIES OF THE ENGINEER DEFINED.

The responsibilities of the civil engineer(s) in charge are defined as follows:

(a) Inspection and Testing: The civil engineer in charge shall inspect the work in progress and
perform such tests as may be necessary during the progress of the work to determine
whether all grading work is done in accordance with the Plans and Specifications approved
by the City Engineer.

The City Engineer or authorized representative shall conduct unscheduled inspections of
grading work in progress to assess whether such work poses a hazard to life and public or
private property.

(b) Substandard Performance: Notification of Applicant: When the inspection and testing
reveals that the work is not being properly performed, and/or all or any portion of the work
does not meet with the requirements of the approved plans and specifications, he or she
shall immediately notify the applicant, verbally and in writing (with a copy to the City

Engineer).

The civil engineer in charge shall also notify the applicant of any modifications which are
required in his or her performance and the necessary corrective measures to be taken to
cure the deficiencies in the work.

(c) Chances in the Approved Plans and Specifications Due to Unforeseen Conditions: If,
during the progress of the grading work, the civil engineer in charge finds it necessary to
require significant changes due to unforseen conditions, he or she shall submit (through the
applicant), amended plans and specifications for the approval of the City Engineer. He or
she shall also submit, at that time, a report setting forth the reason for the changes. The
report shall also include any recommended changes to future improvement plans
engendered as a result of the amended plan.

The civil engineer in charge shall also notify, verbally and in writing (with a copy to the
City Engineer), the applicant of any portion of the grading work affected by the amended
plans and recommend whether or not work should proceed before the amended plans are
approved by the City Engineer.

(d) Upon completion of the grading work, the civil engineer in charge shall submit a statement
of completion shown in Section 7-12-500. He or she shall, at that time, also state in writing
that interim erosion and sedimentation control measures, where required by the City
Engineer, have been taken and appear to be adequate until permanent erosion control
planting is effectively established.

(e) It shall not be the responsibility of the civil engineer in charge to perform the direction or
supervision of the personnel and equipment performing the actual grading work unless they
are in the employ of the civil engineer in charge.

(f) It shall not be the responsibility of the civil engineer in charge to supervise, direct, inspect,
or test any improvements being constructed coincidentally with the grading work but not a
part of the approved grading, erosion and sedimentation control, and pollutant control
plans.

The applicant must submit a master work schedule showing the following information:

(a) Proposed grading schedule.

(b) Proposed conditions of the site on each July 15, August 15, September 15, October 1, and October 15, during which the permit is in effect.

(c) Proposed schedule for installation of all interim drainage, erosion, and sediment control measures including, but not limited to, the state of completion of erosion and sediment control devices and vegetative measures on each of the dates set forth in subsection (b) above (also see Section 7-12-230).

(d) Schedule for construction of final improvements, if any.

(e) Schedule for installation of permanent erosion and sediment control devices where required (see Section 7-12-230).

BY CIVIL ENGINEER.

Quantities and costs of all the work to be done under the grading permit shall be submitted by a civil engineer to aid in establishing values for bonds or other surety which may be required. The actual value of bond or surety shall be determined by the City Engineer.

DESIGNATED BY STATE GEOLOGIST (GEOLOGIC REPORT).

No grading permit shall be issued for any site in the Special Studies Zones designated by the State Geologist before a geologic report has been submitted and approved pursuant to the requirements of Chapter 10 of Title VII of this Code. Said report and review shall be submitted as a part of the application for grading permit along with all other material required by this Chapter.

No grading permit shall be issued for any site located in a designated Flood Hazard Area unless the grading plan provides for mitigation measures relative to the projected flood hazard. The mitigation methods are subject to the review and approval of the City Engineer.

CONDITIONS.

No grading permit shall be issued for any site which is underlain by expansive soils unless the grading plan includes mitigation measures to prevent structural damages which may be caused by conditions due to expansive soils.

All soils reports shall be based at least in part, on information obtained from on-site testing. The minimum contents of a soils report submitted pursuant to this Chapter shall be as follows:

(a) Logs of Borings and/or Profiles of Test Pits and Trenches:

(1) Borings:

(i) The minimum number of borings acceptable, when not used in combination
with test pits or trenches, shall be two, when in the opinion of the soils engineer
such borings shall be sufficient to establish a soils profile suitable for the design
of all footings, foundations and retaining structures.

(ii) The depth of each boring shall be sufficient to provide adequate design criteria
for all proposed structures.

(iii) All boring shall be included in the soils report logs.

(2) Test Pits and Trenches:

(i) Test pits and trenches shall be of sufficient length and depth to establish a
suitable soils profile for the design of all proposed structures.

(ii) Soils profile of all test pits and trenches shall be included in the soils report.

(b) A plat shall be included which shows the relationship of all borings, test pits and trenches
to the exterior boundary of the site. The plat shall also show the location of all proposed
site improvements. All proposed improvements shall be labeled.

(c) Copies of all data generated by field and/or laboratory testing to determine allowable soil
bearing pressures, sheer strength, active and passive pressures, maximum allowable slopes
where applicable and any such other information which may be required for the proper
design of foundations, retaining walls and other structures to be erected subsequent to or
concurrent with work done under the grading permit.

(d) A written report which shall include, but is not limited to, the following:

(1) Site description.

(2) Local and site geology.

(3) Review of previous field and laboratory investigations on the site, it any.

(4) Review of information on or in the vicinity of the site on file at the Office of the City
Engineer, if any.

(5) Site stability shall be addressed with particular attention to existing conditions and
proposed corrective actions at locations where land stability problems exist

(6) Conclusions and recommendations for foundations and retaining structures,
resistance to lateral loading, slopes and specifications for fills and pavement design
as required.

(7) Conclusions and recommendations for temporary and permanent erosion control and drainage if not provided in a separate report appended to the required soils report.

(8) All other items which the soils engineer deems necessary.

(9) The signature and California registration number and expiration date of the civil engineer preparing the report.

(e) The city engineer may reject any report he or she believes is not sufficient.

DEVELOPMENT SERVICES.

All applications for grading permits shall be referred to the Director of Development Services. The Director of Development Services shall report on any aspect of the proposed grading, excavation, or fill that relates to or affects the San Leandro General Plan, and the zoning and subdivision regulations of the City.

DEVELOPMENT SERVICES—LANDSCAPE ADDENDUM TO THE GRADING PLANS—REPORT— CONTENTS.

(a) A landscape addendum to the grading plans may be required at the discretion of the
Director of Development Services. The landscape plan, when required, shall be prepared
by a licensed landscape architect to the current professional standards in landscape
architecture and is subject to the approval of the Director of Development Services.

(b) The Director of Development Services upon completion of his or her investigation
including review of the Landscape Addendum (when required), shall transmit his or her
report and recommendations to the City Engineer, and no permit shall be issued until such
report has been received.

(c) The Director of Development Services may prescribe the scale for required landscape
plans. Further he or she may require any of the following information to be submitted as
part of those plans.

(1) Proposed grading contours at specified intervals; existing contours; all grades related
to established data or bench mark;

(2) Yard drainage (and roof drainage, if applicable); together with controlling grades and
dimensions or all tile lines, culverts, catch basins, drain inlet, turf and masonry
gutters; and all curbs, drainage disposal, and all existing facilities to be used;

(3) Outlines of buildings and other improvements within the project, together with
physical features of the site, for the purpose of establishing the location and
relationship of planting and related construction;

(4) A list of plant material giving standardized botanical plant names and key numbers
for each variety, for reference to the plan; and, a description common to the trade;

(5) A specification describing the methods for planting the areas to be landscaped
including (a) soil preparation, fertilization, plant material and methods of planting;
and (b) initial maintenance of the plant material and slopes until a specified
percentage of plant coverage is established uniformly on the cut and fill slopes;

(6) A statement by the author of the landscape plans giving his or her opinion regarding;
(a) the time after planting in which the specified planting with the specified initial
maintenance normally will produce the specified percentage of plant coverage in the
slope control areas; and (b) the time in which this specific plant coverage, without any
special additional maintenance, normally will produce coverage of permanent
planting which will control erosion;

(7) Details of all items and features pertaining to site preservation and improvement such
as retaining walls, tree wells, and details not shown on other plans accompanying the
application;

(8) Any other details, including further plans, the reviewing Department may require to
carry out the purposes of this Chapter.

(d) If the City Engineer deems it necessary, any soil or civil engineer may be required to review
and sign the landscape plans on which they have prepared grading or soils reports.

AND PUBLIC UTILITIES.

Upon receipt, the City Engineer may refer a copy of any permit application to any other public agency or public utility which, in his or her judgment, may have an interest in or be affected by the proposed grading. The City Engineer, in acting upon the permit application, may consider any report or recommendation received from such other public agency or public utility.

Article 3

Permit—Issuance—Conditions(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-300 — 7-12-305)

(a) A permit issued under this Chapter authorizes only the work described or illustrated in the permit as issued or on the site plans and specifications constituting a part of the permit.

The applicant shall bear full responsibility for the performance of the work in accordance with the approved plans and specifications and any approved modifications thereof, and also shall bear full responsibility for accomplishing the work in accordance with the recommendations of the civil engineer in charge during the progress of the work.

The applicant or designated superintendent shall be present at all times work is in progress and shall be completely responsible for the supervision and direction of all personnel and equipment performing work under the grading permit.

(b) No permit issued under this Chapter shall be deemed to relieve the applicant or any property owner of responsibility for securing any required permit for work to be done regulated under any other law, any department, or any division of the City.

(c) A permit issued under this Chapter shall not relieve any person from liability, nor impose liability on the City, for damage to persons or public or private property; nor shall compliance with such permit or any conditions therein relieve any person from such liability.

In granting any permit under this Chapter, the City Engineer may attach such conditions thereto as he or she deems reasonably necessary to safeguard life, public and private property, and to insure that the work will be carried out in an orderly manner in conformance with all regulations and without creating a public nuisance; and he or she may add to, remove, or change such conditions from time to time during the duration of the permit as he or she deems reasonably necessary as a result of changed conditions or otherwise. Such conditions may include, but shall not be limited to:

(a) Limitations on the hours of operations, days of operations or the period of the year in which
the work may be performed.

(b) Restrictions as to the size and type of equipment to be used.

(c) Prohibition or restriction on the use of explosives.

(d) Designation of the routes over which the materials may be transported.

(e) Requirements as to the suppression of dust and prevention against spilling or tracking of
dirt, and the prevention of excessive noise or other results offensive or injurious to the
neighborhood and the general public, or any portion thereof.

(f) Regulations as to the use of public streets and places in the course of the work.

(g) Regulations for the repair and cleaning of streets and other public facilities if their safe, operable, and clean condition has been jeopardized.

(h) Requirements for safe and adequate drainage of the site.

(i) A requirement that approval of the City Engineer be secured before any work which has
been commenced may be discontinued.

(j) A requirement that men and equipment be provided at the site during storms to prevent
damage to other property from flooding or the depositing of material washed from the site.

(k) Requirements for fences, barricades or other protective devices.

(l) Requirements pertaining to reshaping and planting the site, including the limit for such
work.

Article 4
Permit—Denial(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-400 —
7-12-405)

The City Engineer shall deny a permit if any violation of this Code, or any other application, local, State, or Federal laws, rules, and regulations is found to exist, or whenever, in his or her judgment, the proposed work will directly or indirectly create a hazard to human life or endanger public or private property. If, in the opinion of the City Engineer, the danger or hazard can be eliminated by the erection or installation of protective devices or by performing the work in a particular manner approved by the City Engineer, the City Engineer may grant a permit upon conditions that the protective and precautionary work or manner of performing the work, as approved, shall be used.

ENGINEER IN CHARGE.

In all cases where a grading permit is required, to prevent potential conflicts of interest and to assure that inspection and testing of the grading work is performed by a disinterested party, neither the owner of the property, nor the builder who is to construct the improvements on the property or perform the grading work, shall be the civil engineer in charge that provides any statement of engineer pursuant to the requirements or this Chapter.

Article 5

Permit—Completion—Time of Validity(Legislative History: Ordinance No. 93-013, 8/13/93, Sections 7-12-500 — 7-12-525)

(FINAL COMPLETION).

Within 10 days after completion of the work authorized by the grading permit, the civil
engineer(s) in charge shall provide the following written statement of completion in his/their
areas of responsibility.

"The grading work under any permit shall not be considered complete until each of the following
items have been addressed by the civil engineer in charge, who shall file with the City Engineer,
a written statement pursuant to Section 7-12-240 above stating that said items have been
completed and/or are true to the best of his or her knowledge and belief:

(a) His/their appropriate portion of grading work has been done in accordance with the plans
and amended plans prepared or adjusted by him or her and approved by the City Engineer.
All modifications made by the civil engineer in charge shall be specifically set forth in his
or her statement of completion.

(b) In his or her opinion, the finished graded slopes in the subject area are in a stable condition.

(c) Where required by the City Engineer, interim and/or permanent erosion and sedimentation
control measures have been taken, and that where interim measures have been taken, they
will adequately control erosion and sedimentation if properly maintained, until permanent
erosion control planting is effectively established.

(d) The magnitude of the total settlements and differential settlements which are likely to
occur, the allowable loads or bearing pressures which may be imposed, and stating that
compaction is adequate for the uses proposed for the property and adequate to develop the
recommended bearing pressures.

(e) Any limitations which should be imposed on the development of the property because of
soil conditions and amendments to the approved grading plan.

(f) The civil engineer(s) in charge shall also submit with the above items, all documentation
necessary to support his/their statement(s) of completion, (i.e., records of inspections, tests,
observations, etc.)"

CHARGE—PARTIAL COMPLETION.

When in the estimation of the civil engineer in charge of directing the work, an entire grading project cannot be completed before construction must proceed on structural foundations or retaining structures in order to provide for the public and private welfare, safety and convenience, the City Engineer may accept a partial written statement addressing the satisfactory completion of those items above. Separate building permits may then be issued for the necessary structures when the structural plans meet with the approval of the Chief Building Official. However, the total grading work shall be addressed in a statement of completion shown above prior to final inspection of any structures.

CHARGE— RESPONSIBILITY CHANGES HANDS.

In all grading operations, if the services of one civil engineer in charge are terminated and another civil engineer assumes the responsibility for the remainder of the work, each Civil Engineer shall file the statement of completion referred to above with respect to the portion of the work for which he or she is responsible and stating what work, if any, was improperly or inadequately done at the time of the termination of his or her responsibility. No grading work shall proceed unless the civil engineer in charge takes the responsibilities pursuant to Section 7-12-245 above, and the City Engineer shall suspend any permit when the grading work is not under the responsibility of a civil engineer in charge.

CHARGE— GROUNDS FOR DENIAL OF BUILDING PERMIT.

When a grading permit is issued on the site, the Chief Building Official shall be notified that no Building Permit for the construction of any structure on the property shall be issued until statement(s) of completion covering the completed grading work has/have been filed, unless the issuance of a Building Permit is required to allow construction of retaining walls or other structures designed in accordance with the San Leandro Building Code in order to allow completion of the grading work.

CHARGE— RELATED TO FINAL INSPECTION AND CERTIFICATE OF OCCUPANCY.

No final inspection shall be made; no Certificate of Occupancy shall be granted by the Chief Building Official or authorized representative(s) for any structures located on the site for which a grading permit has been issued prior to the acceptance of the statement of completion of the civil engineer in charge by the City Engineer. The City Engineer may reject a statement of completion which, in his or her judgment, does not adequately meet the requirements of 7-12-500 above.

All grading permits shall become invalid 30 days after the estimated completion date indicated on the application or one year after the date on which the permit is issued, whichever is earlier. When the grading work cannot be completed within one year after the permit is issued, the grading permit may be renewed. Any renewal requests must be accompanied by payment of a renewal fee equal to one-half the original permit charges and by a statement by the civil engineer in charge that:

(a) The grading work already performed was accomplished in accordance with the approved
plans and amended plans, if any.

(b) All terms and agreements in the "Initial Statement of Engineer" submitted with the original
application are still in force and will be adhered to.

(c) If the grading work cannot be completed and any retaining structures necessary cannot be
completely constructed prior to the wet season, the engineer in charge shall show what
actions have been taken to eliminate any dangerous conditions which may result from the
incompleteness of the grading work, or he or she shall state no such actions are necessary.

The addendum shall bear his or her signature and registration number.

Article 6
Permit—General Requirements—Bonds—Default(Legislative History: Ordinance No.
93-013, 8/16/93, Sections 7-12-600 — 7-12-635)

UNLESS MODIFIED BY THE CITY ENGINEER.

The following shall apply to all grading work unless otherwise specified in the soils report and
grading plan by the applicant's civil engineer in charge which has been approved by the City
Engineer or duly authorized representatives:

(a) Grading, erosion control, sedimentation and pollutant control work shall be done in
accordance with plans hereinbefore described.

(b) No grading work shall be done during the wet season unless specifically permitted in
writing by the City Engineer.

(c) Temporary erosion and sedimentation control facilities shall be completely in place prior
to October 15th, and shall be diligently maintained to ensure effectiveness through April
15th.

(d) The hours of grading operations shall be only between 7:00 a.m. to 6:00 p.m. (Monday-
Saturday) unless otherwise specified by the City Engineer or authorized representative. No
grading shall be done on Sundays except if authorized by the City Engineer for reasons of
public safety.

(e) No clearing and grubbing shall take place on any site for which a grading permit is required
prior to the issuance of a valid grading permit.

(f) Where a tree removal permit is required by this Code, no tree removal shall take place if a
grading permit is required until both permits have been granted.

(g) No grading shall be approved on properties adjacent to the site without the written
permission of the adjacent property owner. Such written permission shall be notarized and
acknowledged and presented to the City Engineer as part of the items required with the
application for grading permit.

(h) The rate of slope of the surface of permanent fills shall not be steeper than two to one (2:1)
and the rate of slope of permanent cut slopes, shall not be steeper than one and one-half to
one (1 1/2:1), unless otherwise recommended in the soils report and approved in writing by
the City Engineer.

(i) Drainage facilities shall be provided to convey storm waters to a natural watercourse, swale
or other drainage way, or to a public storm drainage system at locations and in a manner
satisfactory to the City Engineer. Adequate measures shall be taken to control storm waters
during grading operations. The quality of storm water from the site shall be as required in
the "Storm Water Management and Discharge Control Program Ordinance." The current
"Storm Water Quality Controls for New Developments in Santa Clara Valley and Alameda
County," otherwise known as the Best Management Practices Manual, shall serve as a
guide to achieving the required storm water quality.

(j) Erosion control shall include planting of all graded areas to be left exposed to the elements
in accordance with the planned maintenance of such areas.

(k) No grading shall be done which will cause sloughing of materials from or onto adjoining
property.

(l) Applicant shall not dump, move or place any earth, sand, gravel, rock, stone or other
excavated material so as to cause the same to be deposited upon or to roll, flow or wash
upon or over the premises of another without the express consent of the owner of such
premises so affected or upon or over any public place or way.

(m) Applicant shall not, when hauling any earth, sand, gravel, rock, stone, or other excavated
material over any public street, alley or other public place, allow such material to blow or
spill over and upon such street, alley, or place or adjacent private property.

(n) If due to a violation of subsections (l) and (m) of this section, any earth, sand, gravel, rock,
stone or other excavated material is caused to be deposited upon or to roll, flow or wash
upon any public place or way, the applicant therefor shall cause the same to be removed
from such public place or way within 36 hours. In the event it is not so removed, the City
Engineer shall cause such removal and the cost of such removal by the City Engineer shall
be paid to the City by the applicant who failed to so remove the material.

(o) Applicant shall not excavate on land sufficiently close to the property line to endanger any
adjoining public street, sidewalk, alley or the public property without supporting and
protecting such public street, sidewalk, alley or other public property from settling,
cracking, or other damage which might result from such excavation. Should the nature of
the excavation in the opinion of the City Engineer create a hazard to life unless adequately
fenced, the applicant shall construct such fences or guard rails to safeguard persons using
the public street, sidewalk, alley or other public property as the City Engineer may require.

(p) If at any stage of work on an excavation or fill the City Engineer determines by inspection
that the nature or the formation is such that further work as authorized by an existing permit
is likely to endanger any property or public way, the City Engineer may require as a
condition to allowing further work to be done that such reasonable safety precautions be
taken as the City Engineer considers necessary to avoid such likelihood of danger. Such
safety precautions may include, but shall not be limited to, specifying a flatter exposed
slope, construction of additional drainage facilities, berms, terracing, compaction or
cribbing.

HAZARDOUS CONDITION.

A performance bond or other security acceptable to the City Engineer shall be required for every grading permit issued under this Chapter when the volume of material to be graded exceeds 500 cubic yards.

Ten percent of the required amount shall be cash. The amount of the bond shall be determined by the City Engineer after consideration of the estimated cost of the work, the possible consequences of noncompletion, particularly with respect to adjacent properties, public safety and any other relevant factors. The bond shall remain in full force and effect until the statement of completion in accordance with Section 7-12-500 has been accepted by the City Engineer. The bond shall obligate the principal, his or her executors, administrators, successors and assigns, jointly and severally, with the surety, and shall inure to the benefit of the City, its officers, and employees.

The bond shall be conditioned on the faithful performance of the work under the grading permit and the immediate abatement of any conditions listed in Section 7-12-600. Failure of the person to whom the permit is issued to abate such hazard(s) shall result in summary abatement pursuant to Section 7-12-800.

Where erosion and sedimentation control work is required as a part of the approved grading plan, the City Engineer may require such work to be bonded either separately from, or along with any grading bonds which may be required.

Where a separate bond is required for the erosion and sedimentation control work, 10% of the required amount shall be cash.

Where the erosion control work is bonded along with the grading work, 10% of the total required amount for the combined aspects of work shall be cash.

The erosion and sedimentation control bond shall be conditioned on the performance of the erosion and sedimentation control portion of the approved grading plan and shall remain in full force and effect during the "Wet Season" or such other time period which shall be determined by the City Engineer.

Whenever the City Engineer finds that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state the work to be done, the estimated cost thereof and the period of time deemed by the City Engineer to be reasonably necessary for the completion of the work.

The principal shall have 30 days from the delivery date of the notice to comply with same or to appeal to the City Engineer; except that in an emergency, the City Engineer shall have the authority to take action three days after giving the before-mentioned notice to the principal.

The cash portion of the surety provided to the City shall be used by the City Engineer to initiate any corrective actions he or she deems necessary. Further funding shall be provided by the surety in accordance with Section 7-12-620 of this Code.

After receipt of such notice of default, the surety must cause the required work to be performed within the time therein specified or failing therein, pay to the City Engineer the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10% of the estimated cost, but not to exceed the principal sum of the bond. Upon receipt of such monies, the City Engineer shall proceed by such method as he or she deems convenient to cause the required work to be completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand therefor. The balance, if any, of such bond funds shall, upon completion of the work, be returned to the surety, after deducting the cost of the work plus 10% thereof.

The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the City Engineer of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the City Engineer, a copy of which will be sent to any surety or principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his or her successors or assigns upon the termination of the bond, except any portion thereof that may have been used.

In the event of any default in the performance of any term or condition or the permit for the work, the surety or any person employed on or engaged on his or her behalf shall have the right to enter upon the premises to complete the required work or render it safe to persons and property.

Duly authorized representatives of the City Engineer shall have the right to enter upon the premises during the course of work or upon completion to determine compliance with the terms or conditions of the permit and provisions of this Chapter.

Whenever work done under the terms or conditions of a permit issued according to the provisions of this Chapter is discovered, during the course of construction, to be in a condition which, in the opinion of the City Engineer, endangers the public safety, the City Engineer shall have the authority to order its immediate emergency repair by City forces or take such other action as is deemed necessary for the protection of the public. The actual cost of such work by the City, plus 15% as an overhead charge, shall be charged against the performance bond, or when no bond was required, shall be a charge against and a lien upon the concerned property if not paid by the permittee.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by an authorized representative or agent of any surety or of the City engaged in completing the work required to be performed under the permit, inspecting for compliance of the work with the terms or conditions of the permit and the provisions of this Chapter, or taking emergency actions deemed necessary for the protection of the public.

Article 7

Permit—Revocation—Suspension(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-700 — 7-12-715)

Any permit issued under this Chapter may be revoked by the City Engineer after notice and opportunity for hearing for:

(a) Violation of any condition of the permit.

(b) Violation of any provision of this Code or any other applicable ordinance or law relating to
the work.

(c) The existence of any condition or the doing of any act constituting or creating a nuisance
or endangering lives or property.

The City Engineer shall hold a hearing on the proposed revocation of a permit. Written notice of the time and place of such hearing shall be served upon the owner, the permittee, the contractor or the engineer (named as such in the application) five days prior to the date set for such hearing. Such notice shall also contain a statement of the grounds for revoking the permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to the person(s) to be notified at the address(es) appearing in the application. In the event an appeal is made regarding the decision of the City Engineer, all work shall be stopped while the appeal is pending.

In the event the City Engineer makes the determination to revoke the permit, the permittee may appeal such determination to the City Manager or his/her designee. Such an appeal shall be made in writing and shall state in clear and concise language the grounds therefor and shall be filed with the City Engineer within 10 days of the date of the City Engineer's determination.

The City Manager may make such modifications in the requirements of these provisions or may grant such waivers or modifications of the determinations which are appealed to him or her as he or she shall determine are warranted to prevent any unreasonable hardship under the facts of each case, provided that such modification or waiver is in conformity with the general intent of the requirements of these provisions.

Any permit issued under this Chapter may be suspended by the City Engineer without hearing and for a period not exceeding 10 days whenever the City Engineer has issued a notice of hearing for revocation of permit. Any such suspension shall terminate upon its expiration date or upon the rendering of a decision on the question of revocation, whichever shall occur first. No work shall be authorized or performed during the time the permit is suspended.

Article 8

Abatement(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-800 — 7-12-840)

CONDITION—SUMMARY ABATEMENT.

Whenever the City Engineer determines that any existing excavation or fill has become a menace to life or property or threatens the safe and operable condition of any public way, watercourse, or other public property, or violates the Alameda County Urban Run-Off Clean Water Program, written notice as specified in Section 7-12-715 above shall be given to the owner of the premises upon which said condition exists to abate said condition in such premises upon which said condition exists to abate said condition in such manner as shall comply with the law. The order shall specify the adverse and/or dangerous condition, the manner in which the same shall be abated, and the period within which such abatement shall be accomplished. In determining said period within which said owner shall abate said adverse and/or dangerous condition, the City Engineer shall consider the nature of said condition and its effect on life, safety, and property, its effect on storm water quality, together with the time reasonably required by said owner to comply with such order. It shall be unlawful for any owner to fail or neglect to comply with such order of the City Engineer. In the event the owner shall not promptly proceed to abate said dangerous condition, as ordered by the City Engineer, the abatement procedures set forth in Sections 7-12-805 through 7-12-835 will be undertaken.

The City Engineer may file with the City Manager a written complaint setting forth facts showing that a dangerous condition exists upon any premises in the City of San Leandro. Upon receipt of such complaint, the City Manager shall present the same to the City Council, and the City Council shall forthwith by resolution fix a time and place for a public hearing on such complaint.

The City Engineer shall cause a copy of such resolution and complaint to be served upon the person in possession of such premises, or upon the owner thereof, not less than five days prior to the time fixed for such hearing. Such service may be by delivery of a copy of such resolution and complaint to the owner or occupant personally or by enclosing the same in a sealed envelope, postage pre-paid, addressed to the occupant at such premises, or to the owner at his or her last known address as the same appears on the last equalized assessment rolls of the City of San Leandro, and depositing the same in the United States mail. Services shall be deemed completed at the time of the deposit in the United States mail.

Upon the date, and at the place and hour fixed for the hearing on such complaint, the City Council shall hear such evidence as may be presented by any interested party. Such hearing may be continued from time to time by the City Council. Upon the completion of such hearing, the City Council shall either dismiss the complaint, or shall direct that the dangerous condition shall be abated. The City Engineer shall forthwith give written notice, in the manner provided in Section 7-12-805 to the owner or occupant of said premises to abate such condition forthwith. If such abatement is not commenced within five days thereafter, and diligently prosecuted to completion, the City Engineer shall cause the same to be abated. The City or its representatives shall have the authority to enter upon the property to abate the condition constituting the hazard.

The Council shall order to be paid all sums which may be necessarily expended by the City Engineer in abating such condition. In lieu of employing a contractor, or other person to abate such condition, the City Engineer may call upon the City forces to abate such condition.

The cost outlined in Section 7-12-810 above shall constitute a special assessment against that real property abated. The City Engineer shall cause a copy of the report of assessment to be served upon the owner of said property not less than five days prior to the time fixed for confirmation of said assessment; service may be by enclosing a copy of the report of assessment in a sealed envelope, postage prepaid, addressed to the owner at his/her last known address as the same appears on the last equalized assessment rolls of the City of San Leandro, and depositing the same in the United States mail; and service shall be deemed completed at the time of deposit in the United States mail.

A copy of the report of assessment shall be posted by the City Clerk at least three days prior to the time when the report will be submitted to the City Council. After the assessment is made and confirmed, it shall be a lien on the said real property.

Such lien attaches upon recordation in the Office of the County Recorder, Alameda County, by certified copy of the resolution of confirmation. After confirmation of the report, a certified copy shall be filed with the County Auditor, Alameda County, on or before August 10. The description of the parcel reported shall be that used for the same parcel as the County Assessor's map books for the current year. The County Assessor shall enter each assessment on the County tax roll opposite the parcel of land. The amount of the assessment shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquencies as provided for ordinary municipal taxes.

The lien mentioned in Section 7-12-815 shall take the following forms:

NOTICE OF LIEN

Pursuant to authority vested in me by Resolution No. ________of the Council of the City of San Leandro, passed on the ________ day of , 20 , and the provisions of Chapter 12, Title VII or the San Leandro Municipal Code, I did, on the __________day of , 20, cause an adverse and/or dangerous condition located upon the hereinafter described real property to be abated at the expense of the owners thereof, in the amount of $, and that said amount has not been paid nor any part thereof, and the City of San Leandro does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the legally allowable rate from the date of the recordation of this lien in the Office of the County Recorder of the County or Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed is that certain parcel of land lying and being in the City or San Leandro, County of Alameda, State of California, and particularly described as follows, to wit: (Insert Description of Property)

Dated this ________ day of , 20.

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City Engineer City of San Leandro

In order to fulfill the responsibility outlined in Section 7-12-810 above, owners may elect to have the City abate the dangerous condition. The City Engineer is authorized and directed to execute an agreement on behalf of the City with such persons which would include the following conditions:

(1) Agreement to allow City and/or its contractor to enter the property and perform the necessary work:

(2) agreement to pay the actual abatement cost, plus interest, plus an additional charge to cover the City's cost of contract administration, engineering and inspection; the interest rate to be charged will be the rate of interest earned on the City's investment portfolio, as reported by the Director or Finance, for the most recent month prior to execution of the agreement, rounded to the nearest one-half percent;

(3) option to pay these costs in annual installments not to exceed five years with the ability to pay the balance at any time before the five year period is completed; and

(4) a notice of lien will be filed by the City Engineer with the Alameda County Recorder against the property and will be released only when the charges have been paid in full. Such lien will take the form set forth herein; and

(5) a waiver of all rights under Sections 7-12-800, 7-12-805, and 7-12-810.

The lien mentioned in Section 7-12-825 shall take the following form:

NOTICE OF LIEN

Pursuant to the provisions of Chapter 12, Title VII of the San Leandro Municipal Code, I did, on the ________ day of __, 20 an adverse and/or dangerous condition located upon the hereinafter described real property to be abated at the expense of the owner thereof, in the amount of $ ________ and that said amount has not been paid nor any part thereof, and the City of San Leandro does hereby claim a lien upon the hereinafter described real property in said amount; the same shall be a lien upon the said real property until said sum with interest thereon at the rate of ______ per annum from the date of the recordation of this lien in the Office of the County Recorder of the County of Alameda, State of California, has been paid in full. The real property hereinabove mentioned and upon which a lien is claimed, is that certain parcel of land lying and being in the City of San Leandro, County of Alameda, State of California, and particularly described as follows, to wit: (Insert Description of Property) Dated this ________ day of __, 20.

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City Engineer City of San Leandro

An owner shall be deemed to be delinquent in the payment of a voluntary abatement if said owner fails to make an annual payment within three months of the due date for such annual payment. In the event of delinquency, the City shall proceed pursuant to Section 7-12-815. The costs which constitute the special assessment shall be those outlined in Section 7-12-825.

Nothing in the foregoing subsection shall be deemed to affect the rights of the City, or any private person to proceed in any court of competent jurisdiction for abatement of such nuisance, public or private, by injunctive or other judicial relief available by the terms of any law.

Article 9

Violations(Legislative History: Ordinance No. 93-013, 8/16/93, Section 7-12-900)

METHOD.

(a) Any violation of this Chapter shall be deemed an infraction, and each day the violation occurs shall be considered a separate offense.

(b) This Chapter may be enforced by officers and employees of the City duly authorized to issue citations.