Chapter 14.34
EXCAVATIONS, GRADING AND FILLS
Sections:
14.34.010 Purpose, scope and authority.
14.34.015 Findings for amendments to state building codes.
14.34.050 Application – Contents.
14.34.060 Issuance of permit – Prerequisites.
14.34.080 Permit duration and expiration.
14.34.090 Excavating, grading and filling – Regulations.
14.34.120 Enforcement – Stop work order and revocation of permit.
14.34.130 Violation and penalties.
14.34.010 Purpose, scope and authority.
A. Purpose. It is in the public interest, and it is necessary for the promotion and protection of the public safety, convenience, comfort, prosperity, general welfare and the city’s natural resources, to establish minimum requirements for grading on public or private property in order to preserve and enhance the natural beauty of the land, streams and creek banks and reduce or eliminate the hazards of earthslides, mud flows, rock falls, undue settlement, erosion, siltation and flooding.
B. Scope. This section sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments; establishes the administrative procedures for issuance of permits; and provides for approval of plans and inspection of grading activities. Any grading activity, whether or not a permit is required, is subject to erosion and sediment control regulations as provided for in Chapter 14.36.
C. Authority. For the purposes of this chapter, the building official shall have authority over permit applications, permit issuance, administrative procedures for fees, bonds and surety, and stop work orders; the planning director shall have authority over interpretation of land use, zoning and CEQA (California Environmental Quality Act) requirements; the city engineer shall have authority over approval of plans and interpretation of technical requirements; and the grading inspector shall have authority over on-site inspections. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.015 Findings for amendments to state building codes.
The city council of the city of Cotati finds that in order to best protect the health, safety and welfare of its citizens, the standards of building within the city must conform to state law except where local conditions warrant more restrictive regulations. Therefore, the city council desires to adopt the current state building and fire codes, contained in California Building Standards Code Title 24, and other uniform codes governing the construction and regulation of buildings and structures with the modifications and amendments contained herein.
Pursuant to California Health and Safety Code Section 17958.7, the city council makes the factual findings hereto and incorporated herein by reference, and finds that the amendments made in this chapter to the California Building Standards Code Title 24 are reasonably necessary because of the local climatic, geological or topographical conditions described in the following:
The city wishes to adopt by reference the following codes, with such amendments as may be necessary to conform to local climatic, geologic, and topographical conditions:
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Appendix Chapter J (Grading) |
Under the provisions of Section 17958.5 of the Health and Safety Code, local amendments must be based on climatic, geologic and topographical conditions. The following findings address each of these situations and present the local conditions which, either singularly or in combination, justify the amendments to be adopted:
A. Climate. The city, on average, experiences an approximate annual rainfall of forty inches. This rainfall can normally be expected between October and April. During the winter months, the city may experience periods of heavy rain, which causes local flooding. Winter storms are often accompanied by high winds, which have uprooted trees and damaged power lines. The city has also experienced periods of heavy fog, which has delayed the responding fire apparatus and prevented early discovery of structure fires. During the dry period, temperatures range from seventy degrees to over one hundred degrees. These temperatures are often accompanied by light to gusty winds, which when coupled with highly flammable vegetation, can cause uncontrollable fires. Wind driven fires could have severe consequences, as has been demonstrated on several occasions throughout the state.
B. Geologic. The city is susceptible to seismic hazards resulting from movement along any one of several known faults in the area. The most serious direct earthquake hazard threat is from the damage or collapse of buildings and other structures due to ground movement. In addition to damage caused by earthquakes, there is the possibility of earthquake-induced fires due to damaged gas lines, power lines or heat producing appliances, and the unavailability of water for fire control due to broken water mains. In the event of a major earthquake many areas of the city may not be accessible to emergency equipment and, if bridges or roads are damaged, the city may be isolated from outside assistance.
C. Topographical. The city is divided by Highway 101 which creates a barrier and can obstruct traffic patterns and increase response time for fire equipment. The city’s water supply and sewer system were both designed to work with existing topography but can be adversely affected by loss of normal operation. Sewer lift stations and well equipment can both be compromised by interruption in electrical service.
D. Summary. The above local climatic, geologic and topographical conditions increase the magnitude, exposure, accessibility problems and fire hazards presented to the city of Cotati. A fire following an earthquake has the potential to cause greater loss of life and damage than the earthquake itself. The majority of the city’s industrial areas are located in the highest seismic risk zones, which also contain the largest concentration of hazardous materials. Hazardous materials, particularly toxic gases, could pose the greatest threat to the largest number of persons, should a significant seismic event occur. The city of Cotati’s resources would have to be prioritized to mitigate the greatest threat, and may be unavailable for vegetation or structure fires.
Other variables that may tend to intensify the situation include:
1. The extent of damage to the water system;
2. The extent of isolation due to bridge and/or freeway overpass collapse;
3. The extent of roadway damage and/or amount of debris blocking roadways;
4. Climatic conditions (hot, dry weather with high winds);
5. Time of day will influence the amount of traffic on roadways and could intensify the risk to life during normal business hours;
6. The availability of timely mutual aid or assistance from the neighboring departments which will likely have similar emergencies at the same time; and
7. A large number of dwelling units with wood shingle roof coverings, which increase the likelihood of conflagrations.
E. Conclusion. Local climatic, geologic and topographical conditions impact fire suppression efforts and the frequency, spread, intensity, and the size of fire involving structures in this community. Further, they impact potential damage to all structures from earthquake and subsequent fire. Therefore, it is found to be necessary that the California Building Standards Code Title 24 be amended to mitigate the effects of these conditions. (Ord. 844 § 1(part), 2013).
14.34.020 Definitions.
For the purposes of this chapter, the following terms shall be defined as follows:
“As-graded” means the actual surface conditions present on completion of grading.
“Bench” means a relatively level step excavated into earth material on which fill is to be placed.
“Borrow” means earth material acquired from an off-site location for use in grading on a site.
“Certification” means a written engineering geologist’s opinion concerning the progress and completion of the work.
“Certified erosion control inspector” means a qualified SWPPP practitioner (QSP).
“Certified erosion control specialist” means a qualified SWPPP developer (QSD).
“Civil engineer” means a professional civil engineer registered in and by the state of California to practice in the field of civil engineering.
“Compaction” means the densification of an earth material by mechanical means.
“Contour rounding” means the rounding of cut and fill slopes in the horizontal plane to blend with existing contours or to provide horizontal variation, to eliminate the artificial appearance of slopes.
“Drip line” means a line extending around a tree directly underneath the outermost branches of the tree.
“Earth material” means any rock, natural soil or fill and/or any combination thereof.
“Engineered grading” means grading in excess of five hundred cubic yards (three hundred eighty-two cubic meters), and/or grading performed as part of a subdivision, and/or grading performed within two feet of a property line shall be performed in accordance with the approved grading plan prepared by a civil engineer.
“Erosion” means the wearing away of the ground surface as a result of the movement of wind, water, and/or ice.
“Excavation” means the mechanical removal of earth material.
“Fill” means a deposit of earth material placed by artificial means.
“Geotechnical engineer” means a professional certified engineering geologist or geotechnical engineer registered in and by the state of California to practice in the field of engineering geology or geotechnical engineering.
“Grade” means the vertical location of the ground surface. “Existing grade” is the grade prior to grading; “rough grade” is the stage at which the grade approximately conforms to the approved plan; and “finish grade” is the final grade of the site which conforms to the approved plan.
“Grading” means any excavating or filling or combination thereof.
“Grading inspector” means the city representative that is conducting the inspection of the on-site grading activities, as designated by the city engineer.
“Large-scale project” means a grading project that affects fifty acres or more and/or two hundred lots or more.
“Permittee” means the person who is issued the permit. The permittee may also be the applicant but under all circumstances must either be the owner or an authorized representative of the owner of the property where the grading is being done.
“Regular grading” means grading involving less than five hundred cubic yards and not meeting either of the two conditions listed in “engineered grading” above. Unless the permittee chooses to have the grading performed as engineered grading, or if the city engineer determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading.
“Terrace” means a relatively level step constructed in the face of a graded slope surface. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.030 Permits required.
No person shall do any grading without first having obtained a grading permit from the building official except for the following:
A. An excavation below finished grade for basements and footings of a building, retaining wall, swimming pool, or other structures authorized by a valid building permit. This subsection shall not exempt from permit requirements any excavation having an unsupported height greater than five feet after the completion of such structure;
B. Cemetery graves;
C. Refuse disposal sites controlled by other regulations;
D. Excavations for wells or underground storage tanks no greater than ten thousand gallons in size when work is being done under the authority of a valid county well permit and/or city building permit;
E. Excavation for utilities when performed by a public utility;
F. Stockpiling of dirt, rock, sand, gravel, aggregate or clay of fifty cubic yards or less for a period of ten days or less;
G. Exploratory excavations of fifty cubic yards or less under the direction of a soil engineer or engineering geologist;
H. An excavation of fifty cubic yards or less which is less than two feet in depth at any one given point, or does not create a cut slope greater than four feet in height and steeper than two horizontal to one vertical;
I. A fill of fifty cubic yards or less which is less than two feet in depth and placed on a slope, flatter than five horizontal to one vertical, not intended to support structures, on a single lot or parcel, and does not obstruct a drainage course or alter the drainage of neighboring properties;
J. Work conducted in any city street, public right-of-way, or easement when the work is being done under the authority of a valid encroachment permit issued by the city engineer. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.040 Application – Fees.
A. Plan-Check Fees. Before accepting a set of plans and specifications for checking, the building official shall collect a plan-check fee. The council shall, by resolution, establish plan-check fees. The council may, from time to time, amend such fees by resolution.
B. Grading Permit Fees. Before issuing a grading permit, the building official shall collect a grading permit fee. The council shall, by resolution, establish grading permit fees, based upon the volume of the excavation or fill, whichever is greater. The council may, from time to time, amend such fees by resolution. The grading permit fee includes a grading inspection fee.
C. Additional Work. The fee for a grading permit authorizing additional work to that under a valid permit shall be the difference between the fee paid for the original permit and the fee for the entire project. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.050 Application – Contents.
A. Regular Grading Permit. Applications shall be accompanied by plans twenty-four inches by thirty-six inches in size prepared at a scale of one inch equals forty feet or other scale acceptable to the city engineer. Unless waived by the city engineer, the plans shall be prepared by a licensed civil engineer. For grading that is not part of a subdivision, the city engineer, at his/her sole discretion, may allow waivers or deviations from the requirements specified in this section, depending on the site-specific conditions. The plans shall include the following:
1. Title page shall identify owner’s name, owner’s mailing address, owner’s phone number, site address, assessor’s parcel number, planning application number (if any), cubic yards of cut and cubic yards of fill;
2. A vicinity sketch showing roads, adjoining subdivisions and other data to adequately indicate the site location and show its relation to the community;
3. Property lines of the property on which the work is to be performed. The widths, location and identity of all existing easements;
4. Location of any buildings, structures, drainage devices or public improvements within fifty feet of the proposed grading work;
5. Date, north arrow, scale and accurate contours showing the topography of the existing ground of the proposed site and at least fifty feet beyond its boundary. Indicate source and date of existing contours;
6. Elevations, dimensions, location, extent and slopes of all proposed grading shown by contours and/or other means. Contours shall be shown at intervals of not greater than one foot with spot elevations on new drainage features, curb, and gutter flow lines with sufficient detail to clearly indicate drainage grades and directions;
7. Details of all surface and subsurface drainage devices, walls or other protective devices to be constructed in connection with, or as part of, the proposed work;
8. A certificate stating the amount and location of any material to be imported from or exported to areas other than that shown on the plans;
9. Type, circumference and drip line of existing trees with a trunk diameter of six inches or more, measured twenty-four inches above existing grade. Any trees or vegetation proposed to be removed shall be so indicated;
10. Schedule of work and haul route(s);
11. Erosion control plan and other storm water regulations as provided for in Chapters 13.68 and 14.36. Erosion and sediment control plans are required for any grading operation performed between October 1st and April 15th and in any instance when any portion of the site contains a hillside with a slope of ten percent or greater;
12. Water efficient landscaping, in accordance the regulations provided for in Chapter 17.34;
13. Current title report (less than six months old), with any exceptions to title graphically depicted on a figure of the property;
14. All required elements to comply with the city’s NPDES municipal storm water permit, including all post construction storm water requirements;
15. Geotechnical report, prepared by a geotechnical engineer, including data regarding the nature, distribution and strength of existing soils, conclusions, and recommendations for grading procedures and design criteria, including all recommendations for construction monitoring;
16. Certification on the plans that the improvements conform to the geotechnical recommendations and a note that the recommended construction oversight and testing will be provided;
17. Detail of any existing and new utilities, including location, size, material and trench sections;
18. Detail on engineered materials incorporated into the project, including final structural sections, and materials.
B. Engineered Grading Permit. In accordance with the definition, or when directed by the city engineer as he/she deems necessary due to site conditions, including but not limited to steepness of slopes, drainage concerns, etc., shall be designated as “engineered grading.” In addition to meeting the requirements under subsection A of this section, the application for engineered grading shall also contain the following:
1. A map prepared by a civil engineer showing the location of all areas subject to storm water runoff to and from the site and adjacent areas. A complete hydraulic analysis including the location, width, direction and quantity of flow of each watercourse shall accompany the map;
2. A letter from a soils engineer or engineering geologist verifying that he/she has been employed by the applicant and agrees to provide inspection, furnish as-built grading plans and submit final approval statement in accordance with this chapter;
3. The erosion control plan, as described in the city’s erosion control ordinance, shall be submitted to the city engineer and shall include the placement of storm water pollution prevention controls that prevent erosion during construction. Erosion control plans for large-scale projects or when directed by the city engineer shall be prepared by a certified erosion control specialist. (Ord. 844 § 1(part), 2013: Ord. 794 § 1, 2007: Ord. 772 § 1(part), 2005).
14.34.060 Issuance of permit – Prerequisites.
A. No permit shall be issued by the building official until all of the required data has been submitted for the application, the city engineer and the planning director have approved the plans and other related documents, and all required fees have been paid.
B. No permit shall be issued prior to the approval of any land use entitlement requirements such as, but not limited to, zoning permits, tentative map and/or building or site plan review. An environmental assessment shall be performed in accordance with the requirements of CEQA (California Environmental Quality Act), as determined necessary by the planning director. Conditions may be imposed by the city to minimize or mitigate any environmental impacts of the proposed work.
C. In the case of subdivisions, the grading permit may be issued by the building official, after having grading plans signed by the city engineer and planning director and receiving all required grading bonds, grading permit fees, subdivision improvement agreement and deeds (if applicable), and after approval of the tentative map by the city council. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.070 Bonds.
A. Posting Required. A permit shall not be issued unless the permittee shall first post with the building official a bond executed by the permittee and a corporate surety authorized to do business in the state as a surety in an amount sufficient to cover the cost of the corrective work necessary to clean up and remove all debris, to eliminate all hazards or to return the land to its natural condition as much as possible should the project be abandoned. This amount shall be based upon an engineer’s cost estimate furnished by the applicant and approved by the city engineer. The engineer’s cost estimate of the grading work, including installation of erosion control measures is acceptable as the bond amount, provided such estimate is approved by the city engineer. In lieu of a surety bond, the city may accept a cash bond, certificate of deposit, or letter or instrument of credit in an amount equal to that which would be required in the surety bond. Every bond or other surety shall:
1. Comply with all of the provisions of the applicable laws, ordinances and requirements of the city attorney;
2. Comply with all terms and conditions of the grading permit to the satisfaction of the city engineer; and
3. Include conditions that the permittee shall complete all of the work under the permit within the time limit specified in the permit. The building official may, for sufficient cause, extend the time specified in the permit, but no such extension shall release the surety.
B. Term. The term of each bond shall begin upon the date of issuance of the grading permit and shall remain in effect until released by the building official upon acceptance of completed grading improvements.
C. Failure to Complete Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the building official may order the work required by the permit to be completed to his/her satisfaction. The surety executing such bond or 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 governing agency in causing any and all such required work to be done. If the work is not completed within the time period specified in Section 14.34.080, the permittee shall be deemed to have abandoned the project, and the building official may, in his/her discretion, order the land to be returned as much as possible to its natural condition, and the surety 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 governing agency in causing such restoration work to be done. In the case of cash deposit, such deposit, or any unused portion thereof, shall be refunded to the permittee in whatever amount that is not necessary to complete the work described. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.080 Permit duration and expiration.
If the work authorized by any permit under this chapter is not commenced within six months of the date of issuance, or as otherwise indicated on the permit, or if the work is not completed within one year of the date of issuance, or sooner if indicated on the permit, the permit shall expire and become null and void. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.090 Excavating, grading and filling – Regulations.
A. The following regulations shall apply to all excavating, grading and filling activities:
1. One copy of the approved plans and approved revisions thereof of the storm water pollution prevention plan and grading permit shall be kept on the site at all times during the progress of the grading and shall be made available by the applicant during inspections.
2. All grading and noise therefrom, including but not limited to warming of equipment motors, shall be limited to the hours stated in Section 17.30.050(C)(3), Limitation on Hours of Construction.
3. All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be wetted, protected, covered or contained in such a manner as to prevent any nuisance from dust, sediment site runoff, or spillage onto adjoining property or streets. Best management practices in accordance with Chapter 14.36 (Erosion and Sediment Control) shall be incorporated in the grading activities.
4. No grading shall be conducted so as to encroach upon or alter the established gradient and riparian habitat of natural drainage courses except when a valid permit and other necessary approvals are obtained from the appropriate state and federal authorities and the necessary environmental review and approvals are received from the planning director.
5. Whenever any portion of the work requires entry onto adjacent property for any reason, the permittee or applicant shall obtain a right of entry from the adjacent property owner in a form acceptable to the city attorney.
6. Except for pier-type foundations or other special foundation design, setback from property lines shall be not less than as required by Appendix Chapter 33, Section 3314, of the California Building Code.
7. The permittee and the grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked by the applicant as required by the public works inspector. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.
8. Soil stabilization is required for all graded areas. Slopes, both cut and fill, shall be provided with subsurface drainage as determined by the soils engineer, for stability.
9. Slopes, both cut and fill, shall not be steeper than two horizontal to one vertical, unless special circumstances applicable to the property, including size, shape, topography, location or surroundings would cause the strict application of the standard to deprive such property of reasonable use. If these conditions are met, a thorough geological and engineering analysis shall verify that steeper slopes are safe and appropriate erosion control measures are specified.
10. Terraces at least six feet in width shall be established at not more than thirty-foot vertical intervals, subject to maximum height limitations, to control surface drainage and debris on cut or fill slopes. Suitable access shall be provided to permit proper cleaning and maintenance of a terrace.
11. All drainage facilities shall be designed to carry waters to the nearest practical drainageway approved by the city and/or the Sonoma County water agency and/or other appropriate jurisdiction as a safe place to deposit such waters. If drainage facilities discharge on natural ground, riprap and/or energy dissipators shall be constructed by the permittee.
12. All building sites shall be graded and sloped away from the building foundation with a minimum slope of two percent for a distance of ten feet on all sides of every building except where yard requirements are less than twenty feet, in which case the soil shall be graded away from the foundation to a minimum of two-tenths of a foot in elevation at a distance not less than one-half the required yard width; or if the lot size and site conditions are such that this requirement cannot be met, the city engineer may allow a minimum slope of two percent away from the building for a distance of four feet. Lot surface drainage shall be directed toward approved drainage facilities at a minimum gradient of one-half percent and shall not cross property lines without the appropriate drainage facilities and/or easement.
13. No grading shall occur within the drip line of any tree to be retained on the site.
B. Unless otherwise recommended in the approved soils report, fills shall conform to the following provisions:
1. The ground surface shall be prepared to receive fill by removing vegetation, noncomplying fill, topsoil and other unsuitable materials, then scarifying surface to provide a bond with new fill.
2. Fill on slopes steeper than five horizontal to one vertical and in excess of five feet above natural grade shall require benching into sound bedrock or other competent material as determined by the soils engineer. Benches shall be a minimum width of ten feet.
3. When fill is placed over a cut, the bench under the top of fill shall be at least ten feet wide. The cut shall be made before placement of the fill and upon acceptance by the soils engineer or engineering geologist that the cut is a suitable foundation for fill.
4. Organic material shall not be permitted in fills. No rocks or similar irreducible material with a minimum dimension greater than twelve inches shall be buried or placed in fills. The city engineer may permit placement of larger rock only upon review and approval of a method of placement prepared by a soils engineer and under his/her direction. The following conditions shall also apply:
a. Rock disposal areas shall be delineated on grading plan.
b. Rock sizes greater than twelve inches in maximum dimension shall be ten feet or more below finished grade, measured vertically.
c. Rocks shall be placed so as to assure filling of all voids with fine earth material.
5. All fills shall be compacted to a minimum ninety percent of maximum density as determined in accordance with the requirements of the city engineer. In place density shall be determined in accordance with the requirements of the city engineer. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.100 Inspection.
A. General. All grading operations for which a permit is required shall be subject to inspection by the grading inspector. Special inspection of grading operations and special testing shall also be performed in accordance with the provisions of subsection C of this section. The permittee shall notify the grading inspector at least forty-eight hours prior to the start of construction.
B. Engineered Grading Designation. The city engineer may have cause to believe that hydraulic, geologic or other factors require engineered grading for grading that is less than the amounts defined for engineered grading in Section 14.34.050(B) and shall, at his/her sole discretion, so designate the grading work as engineered grading.
C. Engineered Grading Requirements.
1. For engineered grading it shall be the responsibility of the civil engineer who prepares the approved grading plan to incorporate all recommendations from the geotechnical reports into the grading plan. He/she shall also be responsible for the professional inspection and approval of the grading within his/her area of technical specialty. The civil engineer shall act as the coordinating agent in the event the need arises for liaison between the other professionals, the contractor, the city engineer, and the grading inspector. The civil engineer shall also be responsible for the preparation of revised plans and the submission of as-built grading plans upon completion of the work.
2. Geotechnical reports shall be required in accordance with Section 14.34.050. During grading, all necessary reports, compaction data and geotechnical recommendations shall be submitted to the civil engineer and the public works inspector by the geotechnical engineer.
3. The geotechnical engineer’s area of responsibility shall include, but need not be limited to, the need for subdrains or other groundwater drainage devices professional inspection and approval concerning the preparation of ground to receive fills, testing for required compaction, stability of all finish slopes and the design of buttress fills, where required, incorporating data supplied by the engineering geologist.
4. The grading inspector shall inspect the project at the various stages of the work requiring approvals and at more frequent intervals necessary to determine that adequate control is being exercised by the professional consultants.
E. Notification of Noncompliance. If, in the course of fulfilling their responsibility under this section, the civil engineer, the geotechnical engineer or the testing agency finds that the work is not being done in conformance with this section or the approved grading plans, the discrepancies shall be reported immediately in writing to the person in charge of the grading work and the grading inspector. Recommendations for corrective measures, if necessary, shall be submitted.
F. Transfer of Responsibility. If the civil engineer, the geotechnical engineer, or the testing agency of record is changed during the course of the work, the work shall be stopped until the replacement has agreed to accept the responsibility within the area of their technical competence for approval upon completion of the work. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.110 Completion of work.
A. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the following reports and drawings and supplements thereto shall be required:
1. As-built grading plan, including original ground surface elevations, as-graded ground surface elevations, lot drainage patterns and locations and elevations of all surface and subsurface drainage facilities.
2. The grading contractor shall submit a statement that his work was in conformance to such as-built grading plan.
3. The geotechnical engineer shall submit a statement certifying that, to the best of his/her knowledge, the work within his/her area of responsibility is in accordance with the approved soil engineering report.
4. The civil engineer shall submit a statement certifying that, to the best of his/her knowledge, the work within his/her area of responsibility was done in accordance with the approved grading plan.
5. A final geotechnical report prepared by the geotechnical engineer including locations and elevations of field density tests, summaries of field and laboratory tests and other substantiating data and comments on any changes made during grading, any new information disclosed during the grading and the effect of that geology on recommendations incorporated in the approved grading plan, and their effect on the recommendations made in the geotechnical engineering investigation report. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.120 Enforcement – Stop work order and revocation of permit.
In the event that any person doing work related to the approved plans pursuant to this chapter violates the terms or conditions of the approved plans or performs the work in such a manner as to materially adversely affect the health, welfare, or safety of persons residing or working in the neighborhood or the site so as to be materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the building official may order the construction stopped by notice in writing, or may suspend or revoke the grading permit. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.130 Violation and penalties.
No person shall construct, enlarge, alter, repair, or maintain any grading, excavation, or fill or cause the same to be done, contrary to, or in violation of, any terms of this chapter. Any person violating any of the provisions of this chapter is guilty of a misdemeanor and each day during which any violation of any of the provisions of this chapter is committed, continued, or permitted, shall constitute a separate offense. In addition, any person, partnership, or corporation convicted of violating any of the provisions of this chapter shall be required to bear the expense of any required restoration. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).
14.34.140 Appeal procedures.
Any person under this chapter who may be dissatisfied with the action of the city engineer, planning director, grading inspector or the building official on the application or permit may, within five days after such action is taken, file an appeal with the city manager by giving written notice of such appeal to the city clerk. A stop work order shall be effective upon issuance, and shall continue in effect during the pendency of any appeal. The appeal shall state the name and address of the appellant, the nature of the determination being appealed, the reason the appellant believes the determination is incorrect, and what the correct determination of the appeal should be. Failure to file such a statement within the time or in the manner required waives the appellant’s objections, and the appeal shall be dismissed. Unless the appellant and city agree to a longer time period, the appeal shall be heard by the city manager within thirty days of receipt of the notice of appeal. At least ten days prior to the hearing, the city shall mail notice of the time and place of the hearing to the appellant. The city manager shall hear and determine the appeal on the basis of the appellant’s written statement and any additional evidence deemed appropriate. The appellant may present testimony and oral argument at the hearing either personally or by counsel. The city manager shall issue a written decision within ten days of the date of the hearing. The decision of the city manager is final. (Ord. 844 § 1(part), 2013: Ord. 772 § 1(part), 2005).