Victorville Municipal Code Art. 2 Grading Regulations

The purpose of this Article is to safeguard life, limb, health, property and the public welfare by establishing minimum requirements for regulating grading and procedures by which such requirements may be enforced.

No person may make, alter, grade or maintain an excavation or fill except as provided by this Article. This article does not apply to work accomplished under the auspices of, or on land owned or controlled by, the United States of America or the State of California.

The permissive provisions of this Article do not waive the provisions of other laws.

The provisions of this Article require compliance with the California Environmental Quality Act of 1970 (Public Resources Code Section 21050 et seq.).

(a) Required When. No person shall begin or perform any grading or relocation of earth, and no person shall import or export any earth materials to or from any grading site without first obtaining the appropriate development approval and a grading permit. A separate grading permit is required for each site, but the site designated may be the entire development.

(b) Exceptions. A permit is not required for:

(1) Excavations below the finished grade for basements and footings of buildings, retaining walls, swimming pools or other structures authorized by a valid building permit if the unsupported height is less than five feet after the structure is completed;

(2) Mining, quarrying, excavating, processing, and stockpiling rock, sand, gravel aggregate or clay stockpiling operations conducted under a valid special use permit;

(3) Environmental excavations which are subject to Federal, State or County review and permits;

(4) Depositing rubbish or other material at a sanitary landfill approved by and operating pursuant to the requirements, rules, applicable zoning regulations and other laws adopted by the City Council. Permanent features of the site such as berms, access roads, building sites and protective drainage works require permits;

(5) Construction of dams or reservoirs regulated or owned by the State or Federal Government;

(6) Temporary stockpiling of quarried or mined products or earth for future processing, disposal or sale, if the stockpiling operations are conducted at least one hundred feet inside the property line of a parcel of land held by a single owner and the stockpiling is approved by the Planning Commission. Slopes in conjunction with stockpiles shall not exceed three to one;

(7) Farming and agricultural grading operations on parcels at least ten acres in size which are zoned and used for farming or soil and water conservation work under the direct control of the United States Department of Agriculture Soil Conservation Service. Farming and agricultural grading operations do not include:

(i) Construction of earthenwork dams which are not under the direct control of the United States Department of Agriculture Soil Conservation Service if the maximum depth to which water is or may be impounded is five feet or more,

(ii) Excavation or earthfill intended to support a structure requiring a building permit;

(H) Grading operation conducted by the City for capital improvement projects approved by the City Council;

(8) Exploratory borings and trenches made as part of an application for a permit.

(c) Emergencies. This article does not apply to any grading operation which is conducted during a period of emergency or disaster and which is directly connected with or related to relief conditions caused by the emergency or disaster.

(a) Application for a grading permit is made with the Building Official and shall be feed for inspection and plan review in the amount prescribed within the adopted Master Fee Schedule.

(b) Contents. The application shall include:

(1) Plans and Specifications. Digital plans signed by a civil engineer, a soils engineer and an engineering geologist shall be submitted. The Building Official may waive the signature requirements for minor grading projects of less than five thousand cubic yards and modify them as appropriate. Plans shall show:

(i) A vicinity sketch or other data adequately locating the site;

(ii) Property lines, dimensions and bearings of the property on which the work is to be performed;

(iii) Existing buildings or structures on the property where the work is to be performed and other buildings or structures within fifty feet of the property line;

(iv) All Joshua trees, as per Chapter 13.33 of the Victorville Municipal Code, shall be indicated by showing the exact center of its trunk as established by a licensed surveyor. Its tag number, trunk diameter and height must be indicated. The health and proposed disposition of the tree must be indicated. Where a tree or trees are to be removed, the applicant shall meet all current requirements and standards as set forth by the California Department of Fish and Wildlife, and proof shall be submitted to the Building Department prior to issuance of a permit. Alternatively, the Applicant may provide a detailed report, from a licensed Arborist or Biologist, for protecting and preserving, the tree or trees in accordance with applicable California Department of Fish and Wildlife standards, which may be affected by the proposed grading;

(v) An accurate topographical map showing contours of the existing ground. Contours must be extended past the boundary lines of the project for at least one hundred feet. The Building Official may require the contours to be extended to include the watershed area and all other areas influencing the proposed development;

(vi) The elevation, dimensions, locations, extent, and slopes of all proposed grading shown by contours or other means;

(vii) Certification of the quantity and type of material involved to be used for fill and/or the location to which excavated materials will be removed;

(viii) Detailed plans of all drainage devices, walls, cribbing, dams, or other protective devices to be constructed in connection with, or as a part of, the proposed work, together with a map showing the drainage area and estimated runoff of the area served by the drains. All hydrologic and hydraulic calculations shall be signed by a civil engineer;

(ix) Additional plans, drawings or calculations required by the Building Official;

(x) The estimated starting and completion dates;

(xi) The proposed use of the site including the kind of structure to be built; and

(xii) Providing an approved project for development.

(2) Soils Engineering Report. The Building Official shall require a soils engineering investigation, based upon the most recent grading plan. The report shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures, design criteria for corrective measures and other data required by the Building Official. Soils investigation shall be prepared and signed by a registered soils engineer and approved by the Building Official.

(3) Geological Engineering Report. The Building Official shall require an engineering geological investigation for a hillside development and may require one for other grading work. The geological engineering report, prepared and signed by an engineering geologist, shall include an adequate description of the geology of the site and conclusions and recommendations regarding the effect of geological conditions on the proposed development. This report must be approved by the Building Official who may require supplemental geological reports and data. Recommendations included in the report and approved by the Building Official shall be incorporated into the grading plan.

(4) Wind Generated Soil Erosion. The Building Official shall require the owner/contractor to provide a proposal for sufficient control of wind-born soil and dust during and after all grading operations.

(c) Development Permit and Tract Map Requirements. No authorization shall be granted for the import and export of earth materials to or from a site nor shall any grading be conducted on a site unless a grading permit has been issued. As a condition for development, the Planning Commission may limit the height, angle and design of any cut or fill slope and may impose standards such as contour grading and additional landscaping to mitigate the adverse environmental impact created by a development project.

(d) Modifications of Approved Plans. Modifications of approved grading plans shall be approved in writing by the Building Official. Required soils and geological reports shall be submitted with the modified plans. No grading work in connection with the proposed modifications shall be permitted without the prior written approval of the soils engineer.

(e) Waivers. The Building Official may waive the requirement for a contour map or subsurface exploration if it is determined to be unnecessary, but the work must conform to the provisions of this Article and other relevant laws.

(Ord. No. 2432, § 6, 12-6-22, eff. 1-5-23)

(a) General. A grading permit authorizes only the work which is described in the application for the permit.

(b) Responsibility of the Permittee. The permittee and his agents shall carry out the proposed grading in accordance with the approved plans and specifications, the conditions of the permit, the requirements of this Article and all other applicable laws. The permittee and his agents shall maintain required protective devices and temporary drainage and shall observe the site access rules, hours of work, dust controls and haul routes prescribed by subsections (e) and (f). The permittee and his agents shall be responsible for maintaining the site and removing debris. The permittee and his agents and each or all of them are subject to the penalties for violation set forth in this Article. Permit approval does not relieve the permittee or his agents from complying with the provisions and intent of this Article.

(c) Liability.

(1) The issuance of a permit does not impose liability for damages on the City.

(2) Compliance with the terms and conditions of a permit and with the provisions of this Article do not relieve the permittee and his agents from responsibility for damages.

(d) Jurisdiction of Other Agencies. A permit issued under this Article does not relieve the owner of responsibility for securing permits required by any other law, department or division of the City, County or State.

(e) Regulation of Work. The Building Official may impose conditions on the permit with respect to access to the grading site, hours of work, methods of controlling dust and safety precautions for pedestrians or vehicles.

(f) Haul Routes. A permit issued for the export or import of earth materials to or from a grading site shall require that:

(1) The size or type of hauling equipment be limited in accordance with the width and strength of the street;

(2) Traffic control devices be used at appropriate places along the designated access route;

(3) Temporary parking restrictions be imposed along access routes by the Director of public works when necessary;

(4) Equipment used to haul earth to or from a grading site comply with the California Vehicle Code;

(5) All loads be properly trimmed and watered, covered or otherwise secured;

(6) The haul route take into consideration the most practical means of transporting the earth materials to or from the grading site consistent with the safety and welfare of residents along the route; and

(7) Other conditions necessary for public health, safety and welfare be imposed.

(g) Time Limit.

(1) The permittee shall fully perform and complete all of the work contemplated within the time specified in the permit. Slopes must be fully stabilized.

(2) Once grading has commenced, it must be pursued with diligence and completed within the time specified. If grading activity ceases for ninety days the applicant shall notify the Building Official in writing explaining the reason for the delay. Should the project be discontinued or abandoned in excess of one hundred eighty days, the City may use the performance bonds to take necessary precautions to ensure the health and safety of the public. Cessation of grading activity during rain, snow or other inclement conditions, is not failure of performance.

(3) If the permittee is unable to complete the work within the specified time, he may submit a written request for an extension of time before the permit expires. If sufficient justification is shown, the time specified on the permit may be extended for a period of one hundred eighty days or as approved by the Building Official. This extension does not release the surety upon the bond.

(h) Entry Upon Grading Site.

(1) The Building Official, City Manager, City Engineer, the surety company or their representatives shall have access to the premises described in the permit for the purposes of inspecting the progress of the work.

(2) In the event of default in the performance of any term or condition of the permit, the surety, or any person employed or engaged in his behalf, has the right to go upon the premises and complete the required work, including the installation of temporary erosion control devices and landscaping.

(3) It is unlawful for anyone to interfere with an authorized representative of the City or the surety company.

(i) Consent of Adjacent Property Owners. If a grading operation requires entry onto adjacent property, the permit applicant must obtain the written consent of the adjacent property owner and file a copy of the consent with the Building Official before a grading permit will be issued.

The Building Official may condition the approval of a grading permit on:

(a) Bringing existing grading up to the standards of this Chapter;

(b) Fencing hazardous excavations or fills;

(c) Recording a statement which describes the project site and the depth and location of the fill; and;

(d) Fulfilling other requirements reasonably necessary to prevent the creation of a nuisance or hazard.

A grading permit will not be issued if:

(a) The Building Official determines that the work proposed by the applicant is hazardous and will likely endanger private property, cause the deposit of debris on a public way or interfere with an existing drainage course;

(b) The land to be graded is subject to geological or flood hazard to the extent that no reasonable amount of corrective work can eliminate or sufficiently reduce the hazard to human life or property;

(c) The proposed grading would not comply with the requirements of an applicable development permit or tentative tract map, or with any provisions of law, including the provisions of this Article.

(a) Required. A permit for a grading project which will move more than fifty cubic yards of earth may be subject to the posting of securities with the City in accordance with Government Code Section 66499, et seq. The surety shall also be satisfactory to the City.

(b) Application of Bonds to Adjacent Property. If it is necessary to perform off-site grading in order to complete a project satisfactorily, the grading bond shall cover the off-site work.

(c) Work Under the Bond. If permittee fails to complete the work or to comply with the conditions and terms of the permit, the Building Official may have the work done as required by the permit. The surety or cash holder shall continue to be bound to pay all costs which may be incurred by the City while completing the work and shall assent to an extension of completion time.

(d) Amount of Bond. The amount of the security is one hundred percent of the estimated cost of the work for performance, and one hundred percent of the estimated cost of the work for payment to laborers and material-men.

(e) Cash Bond or Instrument of Credit. In lieu of a surety bond the applicant may deposit cash or file an instrument of credit as approved by the finance Director in an amount equal to that which would be required in the surety bond.

(a) Requirements. All construction or work for which a permit is required shall be subject to inspections by authorized employees of the City. The Building Official may require continuous inspection and supervision by a registered civil engineer and other appropriate consultants as a condition for issuing the grading permit. A final inspection shall be made before issuing a grading completion certificate.

(b) Exposure of Work. When work which must be inspected is covered without having first been inspected, the Building Official shall require the work to be exposed for examination. The permittee shall bear the cost of exposing and recovering the work.

(c) Notices. The permittee shall notify the Building Official twenty-four hours in advance of the following inspections:

(1) Initial Inspections. The permittee is ready to begin work but has not done any brushing or grading.

(2) Toe Inspections. The base ground is exposed and prepared to receive fill but no fill has been placed. Fill shall not be placed until all debris and unsuitable material have been removed from the site to an approved location.

(3) Sub-drain Inspections. Sub-drains are installed but no fill has been placed.

(4) Excavation Inspections. The excavation has started but the vertical depth of the excavation is less than ten feet.

(5) Fill Inspections. Fill placement has started but the combined vertical height of the fill is less than ten feet.

(6) Drainage Device Inspections. The forms, steel reinforcement and pipe are in place but no concrete is placed.

(7) Rough Grading. The rough grading has been completed. This inspection may be made even though the Building Official has not reviewed earlier inspection reports.

(8) Rough Grading Certification. Once rough grading is completed, the Building Division requires the engineer of record to certify that the rough grading is completed in accordance with the approved plan and that any building pads are constructed as required by the approved plan and geotechnical investigation(s). This certification must be submitted in writing prior to approval of any portion of the foundation and shall indicate that the location, elevation, and compaction all meet the requirements of the approved plans and studies, as well as any special requirements that the engineer of record has stipulated.

(9) Final Certification. All work including the installation of drainage structures and other protective devices, the compaction of trench backfill, the planting and slope stabilization have been completed, the engineer of record has certified in writing that improvements are completed as required by the approved plans and geotechnical investigation(s), and all required reports have been submitted.

(10) Other Inspections. In addition, the Building Official may make other inspections to ascertain compliance with the provisions of this Chapter and other laws.

(11) Interrupted Grading. The permittee shall notify the Building Official twenty-four hours before he is ready to resume grading and before any grading or brushing is started.

(d) Certification. When the work is completed, the Building Official shall approve that all grading work has been done in compliance with approved reports and grading plans and that he shall thereafter administer applicable Building Code regulations.

(e) Final Reports. When the work is completed, but before issuing a final certificate, the Building Official may require the following reports and information:

(1) A report from a registered civil engineer certifying that all grading, lot drainage and drainage facilities have been completed in accordance with the approved plans and the provisions of this Chapter, and that the graded site will support the contemplated structures;

(2) A report from a soils engineer including certification of the soil bearing capacity, summaries of field and laboratory tests, lot-by-lot soil expansion rate, location on an "as built" grading plan of each slope test taken in the fill showing the limits of compacted fill and other pertinent information;

(3) A report from an engineering geologist based on the final contour map, including specific approval of the grading as affected by geological factors. When necessary, a revised geological map, cross Sections and recommendations shall be included; and

(4) A "record" grading plan signed by the supervising civil engineer, the soils engineer and the engineering geologist for their portions of the work.

(Ord. No. 2389, § 3, 3-19-19)

(a) Supervision. The work shall be done under the general supervision of a licensed civil engineer. An engineering geologist or soils engineer shall be used as needed. An engineering geologist shall be registered by the State. A soils engineer shall be a licensed civil engineer experienced in soil mechanics and slope stability analysis. The soils engineer or engineering geologist must submit the reports requested by the Building Official.

(b) Safety Precautions During Grading. If an inspection by the Building Official indicates that further work authorized by an existing permit is likely to endanger property or a public way, the Building Official may stop the work on the affected area and may require that plans be amended to include adequate safety precautions before work continues.

(c) Duty to Report. If a registered civil engineer, soils engineer or engineering geologist finds that work is not being done in conformance with the provisions of this Chapter or the plans and specifications approved by the Building Official, he must immediately notify the person in charge of the grading work. If the violation is not corrected, the Building Official must be notified in writing within twenty-four hours. If the job moves more than ten thousand cubic yards of earth per day, the time limit to notify the Building Official is eight hours.

(d) Change of Professional People.

(1) If the services of the civil engineer, soils engineer or engineering geologist is terminated during the progress of the grading work, the professional person and the permittee shall immediately notify the Building Official in writing. The Building Official may stop the grading work until competent professional supervision is provided.

(2) The departing civil engineer, soils engineer or engineering geologist shall submit to the Building Official a certificate of work performed under his supervision including deficiencies to be corrected. His replacement shall submit to the Building Official a letter certifying that he has reviewed his predecessor's design, reports and recommendations, that all provisions of the grading permit will be complied with during the course of the work, and that he has reviewed the detailed grading plans and is assuming responsibility for all future grading plans.

(e) Final Certificate. When the job is completed, the civil engineer, soils engineer and engineering geologist shall certify in writing that the job was constructed as indicated by the "as built" plan, that the soils engineer and engineering geologist's reports and certifications have been submitted, that they have worked in accordance with good engineering practices, and that all required drainage and safety features have been incorporated in the grading work.

(a) Known Sites. Permits to grade at or near known archaeological, paleontological or similar sites of historical significance may be conditioned so as to:

(1) Ensure preservation of the site.

(2) Minimize adverse impacts on the site;

(3) Allow reasonable time for qualified professionals to perform archaeological investigations at the site; or

(4) Preserve for posterity, in such other manner as may be necessary or appropriate, the positive aspects of the cultural historical site involved.

(b) Unknown Sites.

(1) When it is learned after a grading permit has been issued that significant archaeological, paleontological or historical site may be encompassed within the area being graded, grading shall cease and the grading permit shall be suspended.

(2) The discovery of a significant archaeological, paleontological or historical site shall be reported to the planning Director within seventy-two hours from the time the site is found. The planning Director, within five working days after receiving a discovery report, shall cause qualified professionals to conduct a preliminary investigation of the site. If the preliminary investigation confirms that the site is or may be a significant archaeological, paleontological or historical site, the grading permit shall remain suspended for a period not to exceed forty-five days from the date the discovery was reported. The suspension may exceed forty-five days under extraordinary circumstances if, upon application of the planning Director to the City Council, the City Council concurs.

(3) During the period of suspension, the planning shall develop conditions to be attached to the grading permit pursuant to subsection (a) above. When conditions are developed and attached to the permit, the permit shall be reissued subject to the conditions, and the suspension shall be terminated.

(4) A condition imposed pursuant to subsection (a) or (b) of this Section may be appealed to the City Council in the manner prescribed in this Chapter and the determination of the Council shall be final.

(a) Height. A finished fill slope greater than fifteen feet high must be approved by the Planning Commission. Higher fill slopes shall have a horizontal bench at least twenty-five feet wide for each fifty feet of height, and intervening terraces may be required as set forth in subsection (7) of this Section.

(b) Slope. No fill shall be made which creates an exposed surface steeper in slope than two horizontal to one vertical.

(c) Preparation of Ground. The ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, topsoil and other unsuitable materials scarifying to provide a bond with the new fill and, where slopes are steeper than five to one and the height is greater than five feet, by benching into sound bedrock or other competent material as determined by the soils engineer. The bench under the toe of a fill on a slope steeper than five to one shall be at least ten feet wide. The area beyond the toe of fill shall be sloped for sheet overflow or a paved drain shall be provided. When fill is to be placed over a cut, the bench under the toe shall be at least ten feet wide but the cut shall be made before placing the fill and acceptance by the soils engineer or engineering geologist or both as a suitable foundation for fill.

(d) Fill Material. Detrimental amounts of organic material shall not be permitted in fills. Except as permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.

EXCEPTION: The Building Official may permit placement of larger rock when the soils engineer properly devises a method of placement, continuously inspects the placement and approves the fill stability. The following conditions shall also apply:

(1) Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan;

(2) Rock sizes greater than twelve inches in maximum dimension shall be ten feet or more below grade, measured vertically;

(3) Rocks shall be placed so as to assure filling of all voids with fines.

(e) Unstable Material. The Building Official may require that the fill be constructed with an exposed surface flatter than two horizontal to one vertical if a flatter surface is necessary for stability or safety.

(f) Fill Slope Limits. Toes of fill slopes shall not be nearer to a project boundary than one-half the height of the fill but need not exceed a horizontal distance of twenty feet. Fill slopes shall not be divided horizontally by property lines. Fill slopes occurring on a side or rear lot line shall be made a part of the downhill lot.

(g) Intervening Terraces. Terraces shall be paved, shall be extensively landscaped and shall be spaced at vertical intervals of thirty feet. For slopes less than forty feet high, the terrace shall be at mid- height. Additional terraces may be required on slopes flatter than two horizontal to one vertical and where soil conditions warrant them.

(h) Compaction.

(1) All fills shall be placed, compacted, inspected and tested in accordance with this subsection.

(2) The Building Official may waive strict enforcement of the provisions of this subsection if they are unnecessary because of the proposed or probable use of the land. The requirements of this subsection shall not be waived if structures are to be supported by the fill, if the fill is being placed on a hillside or if these requirements are necessary as a safety measure.

(3) The natural ground surface shall be prepared to receive fill by removing vegetation, non-complying fill, top soil and porous compressible soil. If the natural slope is five horizontal to one vertical or steeper, and the height of the fill is twenty feet or more, benching to sound bedrock or other competent material is required. Fill slopes which toe on natural slopes shall be provided with adequate drainage.

(4) No deleterious material shall be permitted in fills.

(i) Except as otherwise permitted by the Building Official, no rock or similar irreducible material with a maximum dimension greater than twelve inches shall be buried or placed in fills.

(ii) Upon a recommendation made by a soils engineer and approved by the Building Official before the grading of a project, rock with dimensions from eight inches to thirty-six inches may be placed in compacted fill, but oversized rocks shall not be in the upper ten feet of compacted fill or nearer than twenty feet to the outer surface of any fill slope. Oversize rock shall be shown on "as built" plans and shall be certified to be compacted by the soils engineer.

(5) The fill shall be spread in a series of layers no more than eight inches thick. Each layer shall be compacted by an approved method.

(6) The moisture content of the fill material shall be controlled at the time of spreading and compacting to obtain the required relative compaction and to avoid excessive pore pressure as the fill increases.

(7) Fill shall be compacted to at least ninety percent of the maximum density as determined by A.S.T.M. D1557-66T, Method A or C, modified to three layers. If the required degree of relative compaction cannot be attained on sloped surfaces, the slope shall be cut back until the compacted inner core is exposed.

(8) A field density test shall be taken for each eighteen inches of fill, measured vertically from the lowest point of the fill, or for each one thousand cubic yards of fill. In subdivisions, at least one field density test shall be taken on each lot which receives fill.

(9) The field density shall be measured in accordance with the procedure specified in A.S.T.M. D1556-58T, or a later revision, using the optional base plate and making a suitable adjustment for volumes of rocks in the test hole or by using other approved testing methods giving equivalent test results.

(10) A fill subject to this Chapter shall be tested for relative compaction by a soils engineer. A certificate of compliance with the terms of this Section and the grading permit which sets forth densities, relative compaction, the soil expansion rate, allowable bearing value and other soil characteristics shall be prepared and signed by the soils engineer. This report shall be submitted to and approved by the Building Official before a fill is finally approved and foundation construction begins.

(11) If building is not started within one year from the final certification and approval by the Building Official, the site must be re-evaluated and a report filed with the Building Official for approval. This report shall contain data on compaction, stabilization and soil expansion.

(i) Fills Toeing Out on Steep Slopes. No fill shall toe out on a natural slope which is steeper than two horizontal to one vertical.

(j) Combined Cut and Fill Slopes.

(1) Combined cut and fill slopes shall meet the requirements of subsections (1) through (4) of this Section with respect to steepness, height and benching. A slope which exceeds twenty-five feet in height must have the required drainage bench at the top.

(2) Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the top of the slope at least six feet.

(3) The top of cut slopes shall be made not nearer to a site boundary line than one-fifth of the vertical height of cut with a minimum of two feet and a maximum of ten feet. The setback may need to be increased for any required interceptor drains.

(4) The toe of fill slope shall be made not nearer to the site boundary line than one-half the height of the slope with a minimum of two feet and a maximum of twenty feet. Where a fill slope is to be located near the site boundary and the adjacent off-site property is developed, special precautions shall be incorporated in the work as the Building Official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to:

(i) Additional setbacks;

(ii) Provision for retaining or slough walls;

(iii) Mechanical or chemical treatment of the fill slope surface to minimize erosion.

EXCEPTION: When slopes are not in excess of eighteen inches, the Building Official may waive the slope setback requirements.

(iv) Provisions for the control of surface waters.

(5) The Building Official may approve alternate setbacks. The Building Official may require an investigation and recommendation by a qualified engineer or engineering geologist to demonstrate that the intent of this Section has been satisfied.

(a) The Building Official may adopt rules and regulations not in conflict with this Chapter to accomplish the purpose and intent of this Chapter.

(b) No portion of any driveway will have a grade in excess of twelve percent as measured from the right-of-way.

(a) Defined. No person shall fail, refuse or neglect to comply with this Chapter and the following provisions:

(1) An order issued by the Building Official under this Chapter;

(2) A condition imposed on a grading permit under this Chapter;

(3) A rule or regulation of the office of the Building Official with respect to grading which was in effect at the time the grading permit was issued.

(b) Misdemeanor. A person who violates a provision of this Chapter is guilty of a misdemeanor. Each day, or portion thereof, during which a violation of this Chapter is committed, continued or permitted is a separate offense. Upon conviction of an offense, a person shall be punished by a fine of not more than one thousand dollars or by imprisonment for not more than six months, or both.

(c) Letters of Noncompliance. Whenever construction or work is being done contrary to this Chapter or other law, the Building Official may issue a letter of noncompliance. The letter of noncompliance shall be issued to the developer, the civil engineer and the contractor. If the noncompliance is not remedied, a stop work order shall be issued. If the work on which the noncompliance has occurred is corrected, a letter shall be issued stating that the noncompliance has been rectified. This letter shall be distributed to the developer, the civil engineer and the contractor. The issuance of a letter of noncompliance is not a prerequisite for the issuance of a stop work order by the Building Official or his authorized representative.

(d) Stop Work Orders. When construction or work is being done contrary to the provisions of this Chapter or any other law, or when public or private property is endangered, the Building Official or his designated representative may issue a written notice to the responsible party to stop work on that part of the job which is in violation and which causes the danger. No work shall be done on that part of the job until the violation has been rectified and approval obtained from the Building Official or until special precautions to eliminate the hazards have been approved by the Building Official.