Chapter 12.28 — EXCAVATIONS AND GRADE CHANGES

A.

The purpose of this chapter is to safeguard life, limb, health, property and the public welfare by regulating and controlling the design, construction, quality of materials, the location and maintenance of buildings and structures, and the grading and filling of land within the city.

B.

The council declares the regulations and standards established in this chapter to be the minimum regulations necessary for the protection of the health, safety and general welfare, and that where circumstances warrant, the city engineer may establish such additional standards, procedures and other regulations as may improve the quality of the living environment, which regulations may include landscaping and the placement and maintenance of such structures and easements as are essential to accomplish these goals. The additional standards, procedures and regulations shall be adopted by the council by resolution.

(Prior code § 7231.1)

A.

No person shall commence or make any excavation or fill upon any lot, parcel, street or alley without complying with all applicable provisions of this chapter and all other regulations of the city relating to excavations, earth removal, compaction, hauling or protection of slopes.

B.

The provisions of this chapter shall apply to the city, to any county, state or federal governmental agency, or any department, commission, board or officer thereof, but the city, county, state or federal governmental agency or any department, commission, board or officer thereof shall not be required to pay any fee pursuant to this chapter.

C.

This chapter shall apply to all person dividing land pursuant to the subdivision regulations of this code (Title 17). The grading plan shall be submitted to the city engineer for approval prior to the approval of the final tract map.

(Prior code § 7231.2)

A.

No person shall raise or lower the existing grade of any lot or make excavation or fill which changes the grade of the natural slope of the surface of any lot so that it will not take natural runoff of water from adjacent lot or lots as before the excavation or fill, or so that the water drainage of the lot is changed to run onto a different lot from that on which it ran prior to the excavation or fill, or so that the surface drainage of the lot is concentrated or collected and discharged onto another lot in a different location or in greater quantity, or at an accelerated rate, or in such a way that it will probably result in damage, or in a way that creates a hazard to the public health, safety, or public property, or to such extent that the excavation or filling will require or be accompanied by the hauling of earth or other material over any public street in a vehicle with a gross weight of vehicle and load in excess of that permitted by law or ordinance, without first having obtained a written permit so to do from the street maintenance superintendent without complying with all of the terms and conditions of the permit.

B.

Any permit issued under this chapter shall be valid for a period of time stipulated in the permit not to exceed one year. Unless the excavation or fill is commenced within one hundred eighty days after the issuance of the permit, the permit shall expire unless renewed by the city engineer, and if the earth movement, after being started, ceases for a period of one hundred eighty days, the permit shall expire unless renewed.

(Prior code § 7231.3)

Every permit issued in accordance with the provisions of this chapter may contain such conditions as the city engineer may impose to protect adjoining property, the public streets, or the public health and safety, including land cover and erosion control.

(Prior code § 7231.8)

With the application for the permit, there shall be submitted:

A.

A grading plan, prepared by a civil engineer registered as such by the state showing the present contours of the land and the proposed final grades. The proposed final grades shall indicate clearly cuts, fills and slopes. Estimated dates for starting and completing the work shall be stated;

B.

A written report by a soils engineer, licensed by the state, shall indicate the types and characteristics of soils, with substantiating data and opinion as to slopes which may be carefully and safely constructed;

C.

Details of drainage structures, walls, cribbing, surface protection, landscaping and groundcover.

(Prior code § 7231.5)

Every application for a permit for a cut or fill shall be accompanied by a filing fee for each recorded lot, or in the case of a proposed lot split or subdivision or part of a subdivision, for each lot as shown on the record or survey or tentative map. The filing fee shall be as set by the city council. All costs for inspection tests and reports shall be paid by the owner, subdivider or developer.

(Prior code § 7231.6)

Before a permit is issued for excavation or fill of five hundred cubic yards or more, the applicant shall file with the department a bond for the benefit of the city.

A.

Type of Bond. All bonds shall be executed by the owner of the property where the work is to be undertaken and by a corporate surety insurer authorized to do business in this state as surety, or in lieu thereof, the bond shall be in writing accompanied by a deposit of cash in the amount of the bond.

B.

Conditions of the Bond. Every bond shall be conditioned so that the permittee shall:

Comply with all of the provisions of this chapter and all applicable laws and ordinances;

Comply with all of the terms and conditions of the permit for excavation of fill to the satisfaction of the city engineer;

Complete all of the work contemplated under the permit within the time limit specified in the permit. The city engineer may, for sufficient cause, extend the time limit specified in the permit, but no such extension shall release the surety upon the bond.

C.

Period and Termination of Bond. The term of each bond shall begin upon the date of issuance of a permit and shall remain in effect until the completion of work to the satisfaction of the city engineer. The completion shall be evidenced by issuance of a grading certificate signed by the city engineer. In the event of failure to complete the work or the failure to comply with all of the conditions and terms of the permit, the city engineer may order the work to be completed as required by the permit and as ordered by the city engineer. The surety executing the bond, or the deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all of the required work to be done, and the surety or the depositor assents to any lawful extensions of time within which to construct and complete the work. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded to the permittee upon the issuance of a grading certificate by the city engineer.

D.

Amount of Bond. The amount of the bond shall be determined by the city engineer, and shall equal the total estimated cost of the work required to be done under the permit. The cost shall include the cost of all drainage or other protective devices as may be required. The cost of the grading shall be based upon the number of cubic yards of material in both excavation and fill. Where fill is made with material excavated under the same permit and on the same site, the unit cost may be calculated on the quantity of the fill alone.

(Prior code § 7231.7)

A grading permit shall not be required in the following exceptions, but in all other respects the provisions of this chapter shall apply:

A.

An excavation which does not exceed five feet in vertical depth at its deepest point measured from the original ground surface. This exception shall not affect the applicability of this chapter to, or the requirement of a grading permit for, any fill made with the material from the excavation;

B.

A fill not intended to support structures which:

Does not exceed two hundred cubic yards of material on any recorded lot and the surface of which has no slope at any point steeper than three feet horizontal to one foot vertical, or

Does not exceed three feet in depth, measured from the natural ground surface and the surface of which has no slope at any point steeper than three feet horizontal to one foot vertical;

C.

An excavation below finished grade for basements and footings of a building, swimming pool, or underground structure authorized by a valid building permit from the superintendent of building and safety. This exception shall not affect the applicability of this chapter to, nor the requirement of a grading permit for, any fill made with the material from the excavation;

D.

An excavation or fill in connection with the making of an earth fill dam regulated by the Division of Water Resources of the State Department of Public Works.

(Prior code § 7231.4)

A.

There is established a committee which shall consist of the following members or their authorized representative:

The director of planning, who shall be the chairperson;

The city engineer;

The superintendent of building and safety.

B.

When the grading, excavating or filling on a site involves more than twenty thousand cubic yards, the city engineer shall refer the application for a permit to the planning director. The planning director shall arrange for a meeting of the committee and the committee shall make a written recommendation to the council. The committee meeting shall be open to the public and any interested person may attend the meeting and present appropriate matter thereat. Notice of the meeting shall be given by one published notice. The council shall act upon the recommendations of the committee, and should the council approve the application, they shall authorize the city engineer to issue a permit.

(Prior code §§ 7231.13, 7231.14)

(Ord. No. 3112, § 2, 2-25-20)

A.

No excavation shall be made with a cut face steeper than that recommended by a report of a soils engineer, nor shall fills be made with slopes steeper than recommended in the report of a soils engineer.

B.

The city engineer may require slopes less steep than those required in subsection A of this section if there is evidence that the materials to be exposed on the slopes are unusually subject to erosion, or if other conditions make the flatter slopes necessary for stability or safety.

C.

Steeper slopes than those permitted in subsection A of this section may be permitted by the city engineer subject to the following conditions: that an additional written report by a soils engineer is received, stating that he/she has investigated the site, made adequate tests and calculations, together with his/her opinion as to the degree of cut and fill slopes which may be constructed without endangering health, safety or property.

(Prior code § 7231.9)

(Ord. No. 3112, § 2, 2-25-20)

No cut or fill slope shall be constructed over thirty feet in height unless the city engineer is furnished evidence by a written report from a soils engineer that the slopes will be stable with a factor of at least one and five-tenths.

(Prior code § 7231.10)

For all cut or fill slopes there shall be drainage provisions, which shall be of such design as to carry surface waters to the nearest practicable street, storm drain, or natural watercourse, or a safe place to deposit and receive such waters.

The drainage provisions shall be of such design so as not to endanger the health and safety or any property, either private or public.

(Prior code § 7231.11)

Approved groundcover shall be required on all slopes where, in the opinion of a soils engineer, there may be erosion. The groundcover work shall be started immediately after the approval of the work on the slopes.

(Prior code § 7231.12)

A.

All fills intended to support buildings, streets, alleys or structures and all fill slopes shall be made to a minimum of ninety percent compaction in accordance with American Association of State Highway Officials (hereinafter referred to as AASHO) Test No. T99-49, modified to use a ten-pound hammer falling twenty-five times from a height of eighteen inches on each of three equal layers in one-thirtieth of a cubic foot compaction cylinder, or other density test methods which will obtain equivalent results. Where other methods are used, evidence shall be submitted to show that for the specific materials to be used, equivalent results will be obtained. Compaction of temporary storage fills for a period of not greater than six months shall not be required, except where the city engineer determines that compaction is necessary as a safety measure to aid in preventing saturation, slipping or erosion of the fill. Where the compaction is required, it shall be done in accordance with the provisions of this chapter.

B.

Determination of field density shall be by the calibrated dry sand displacement method or other equivalent method. Other methods of determining field density may be approved by the city engineer prior to use.

C.

All costs for compaction tests to meet the requirements of the city engineer shall be paid by the owner or subdivider.

(Prior code § 7231.15)

The owner of any property in hillside areas on which an excavation or fill has been made pursuant to a permit granted under this chapter, or any other person or agent in control of the property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, groundcover and other protective devices which are not on public property or public easement, shown in the approved plans and specifications submitted with the application for a permit.

(Prior code § 7231.16)

If, upon receipt of satisfactory compaction tests reported by a soils engineer and upon final inspection of any excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this chapter, a grading certificate covering the work shall be issued to the owner by the city engineer. A separate certificate shall be issued for each lot.

(Prior code § 7231.20)

A.

The city engineer shall have the power to revoke any grading certificate whenever he/she finds that the work covered by the certificate has been materially extended or altered, without a permit so to do, or that any retaining walls, cribbing, drainage structures or other protective device as shown on the approved plans and specifications submitted with the application for a permit, have not been maintained in good order and repair.

B.

Before the revocation, the city engineer shall first give written notice to the owner of the property involved, specifying the defective condition and stating that unless the defective condition is remedied satisfactorily within a period of three months from the date of the notice, the grading certificate will be revoked. A shorter period of time may be specified if an imminent and immediate hazard is found to exist. If the defective condition is remedied, the certificate shall not be revoked.

(Prior code § 7231.21)

(Ord. No. 3112, § 2, 2-25-20)

A.

Any portion of the work which does not comply with the law of this chapter shall be corrected before work proceeds.

B.

The permittee or his/her agent shall notify the city engineer and confirm in writing:

Initial Inspection. When the permittee is ready to begin work on an excavation or fill. Notification shall be given to the city engineer at least two days before any grading is done;

Rough Grading. When all rough grading has been completed;

Final Inspection. When all work, including installation of all drainage structures and other protective devices has been completed.

C.

The city engineer shall immediately approve the work inspected, or give notice in writing to the permittee or owner wherein it fails to comply with the law of this chapter.

D.

If the city engineer finds the soil or other conditions not as stated in the application for a grading permit, he/she may refuse to approve further work until approval is obtained for a revised grading plan which conforms to the existing conditions.

(Prior code § 7231.17)

(Ord. No. 3112, § 2, 2-25-20)

Whenever the city engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb or endangers property or affects the safety, usability or stability of a public way, the owner of the property upon which the excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the city engineer so to do, shall, within one hundred eighty days from the date of the written notice, repair or reconstruct the excavation or fill so that it will conform to the requirements set forth in this chapter, or otherwise repair, reconstruct, strengthen or eliminate the excavation or fill in a manner satisfactory to the city engineer so that it will no longer constitute a menace or danger as set forth in this section. A shorter period of time may be specified if an imminent and immediate hazard is found to exist. Any person receiving notice as set forth in this section may appeal from the notice of the city engineer to the council.

(Prior code § 7231.19)

A.

Building and grading permits shall be presumed to include the proviso that the applicant, his/her agents, employees or contractors, shall carry out the proposed work in accordance with the approved plans and with all requirements of this chapter and any other laws or regulations applicable thereto, whether specified or not.

B.

No approval shall relieve or exonerate any person from the responsibility of complying with the provisions and intent of this chapter.

(Prior code § 7231.18)

(Ord. No. 3112, § 2, 2-25-20)

Compliance with the requirements or conditions of Chapter 12.24 or the granting of an application or issuance of a permit shall not be construed to relieve the owner of real property of any legal duties, obligations or liabilities incident to the ownership.

(Prior code § 7231.22)