Chapter 7-5 GRADING

(b) “Approved soil testing agency” shall mean an agency which the City Engineer finds has technically qualified personnel and adequate facilities for making the required soil tests.

(c) “Architect” shall mean a person who practices or offers to practice architecture and who is licensed to do so by the State.

(d) “Excavation” shall mean any act by which earth, sand, gravel, rock, or any other material is cut into, dug, quarried, uncovered, removed, displaced, relocated, or bulldozed, and shall include the conditions resulting therefrom.

(e) “Fill” shall mean any act by which earth, sand, gravel, rock, or any other material is deposited, placed, pushed, pulled, or transported to a place other than the place from which it was excavated and shall include the conditions resulting therefrom.

(f) “Grading” shall mean an excavation or fill, or any combination thereof, and shall include the conditions resulting from any excavation or fill.

(g) “Land surveyor” shall mean a person who practices or offers to practice land surveying and who is licensed to do so by the State.

(h) “Person” shall mean any individual, firm, copartnership, joint venture, association, estate, trust, business trust, receiver, trustee, syndicate, or any other group or combination acting as a unit, except the United States of America or the State.

(i) “Registered civil engineer” shall mean a person who practices or offers to practice civil engineering and is licensed to do so by the State.

(j) “Registered landscape architect” shall mean a person who practices or offers to practice landscape architecture and is licensed to do so by the State.

(Secs. 1 through 10, Ord. 79-02, eff. Mar. 29, 1979)

7-5.02 Purpose.

The unregulated excavation and filling of property in the course of the physical development of the City, including development in and around watercourses and public rights-of-way, have heretofore caused extensive damages to public and private property and have resulted in numerous hazardous conditions. The purpose of this chapter is to require that excavations and fills and construction in and around watercourses and public rights-of-way be performed in accordance with good engineering practices, thereby reducing to a minimum the hazards and damages to public and private property from such work.

(Sec. 11, Ord. 79-02, eff. Mar. 29, 1979)

7-5.03 Inspections.

(a) Generally. The City Engineer shall cause the inspections set forth in subsection (b) of this section to be made when so requested by the holder of a permit under this chapter and shall either approve that portion of the work completed or shall notify the permit holder wherein the same fails to comply with this chapter.

(b) Notification of City Engineer. The permittee or his agent shall notify the City Engineer:

(1) Initial Inspections. When he is ready to begin grading and not less than twenty-four (24) hours before any grading is to be commenced;

(2) Rough Grading. Upon the completion of all rough grading, at least twenty-four (24) hours before such inspection is to be made; and

(3) Final Inspections. Upon the completion of all work, including the installation of all drainage or other structures.

(c) Special Structures. All retaining walls, crib walls, and wing walls shall be built under a permit from, and an inspection by, the Building Official.

(d) Disapproval Because of Conditions. If the City Engineer finds that the soil or other conditions are not as stated in the application for a grading permit, he may refuse to approve further work until approval is obtained or a revised grading plan is submitted which will conform to the existing conditions.

(Sec. 12, Ord. 79-02, eff. Mar. 29, 1979)

7-5.04 Excavations.

(a) Slope Standards. No excavation shall be made with a cut face steeper in slope than one (1) horizontal to one (1) vertical, unless a retaining wall or other approved support is provided to support the face of the excavation.

(b) Slope Standards: Deviations. The City Engineer, upon a request, may permit deviations from the slope standards set forth in subsection (a) of this section, provided the owner shall furnish the City Engineer with a written opinion of a civil engineer licensed by the State and experienced in erosion control, who shall be acceptable to the City Engineer, certifying that the civil engineer has investigated the site and that the proposed deviations will not endanger any property.

(c) Flatter Cut Faces. The City Engineer may require the excavation to be made with a cut face flatter in slope than one (1) horizontal to one (1) vertical if he finds the material in which the excavation is to be made unusually subject to erosion or if other conditions make such flatter cut necessary for stability or safety.

(d) Applicability of Provisions. This section shall apply to all excavations in the City, regardless of whether a permit is required by this chapter for such excavations.

(Sec. 13, Ord. 79-02, eff. Mar. 29, 1979)

7-5.05 Fills.

(a) Compaction. All fills shall be compacted, unless the City Engineer finds that such compaction is not required as a safety measure, to aid in preventing the saturation, slipping, or erosion of the fill.

(b) Slope Standards. No fill shall be made which creates any exposed surface steeper in slope than one and one-half (1-1/2) horizontal to one (1) vertical. The City Engineer, upon a request, may permit deviations from such standards provided the owner shall furnish the City Engineer with a written opinion of a civil engineer licensed by the State and experienced in soil compaction and erosion control, who shall be acceptable to the City Engineer, certifying that the civil engineer has investigated the site and the proposed deviations will not endanger any property.

(c) Flatter Surfaces. The City Engineer may require that a fill be constructed with an exposed surface flatter than one and one-half (1 1/2) horizontal to one (1) vertical if he finds that, under the particular conditions, such flatter surface is necessary for stability and safety.

(d) General Requirements. Fills shall be compacted, inspected, and tested in accordance with the following provisions:

(1) The space over which fills are to be made shall first be cleared of all trash, brush, trees, stumps, timber, or debris and shall be scarified.

(2) All filling shall be done with good, sound earth or gravel, and no oil cake, macadam bituminous pavement, concrete, or other lumping material shall be used in the fill, unless such material is scattered, and the lumps do not exceed four inches (4") in diameter and are not placed within one foot (1') of the subgrade.

(3) When an existing fill is to be widened or a new fill is to be made on any property, the new material shall be bonded to the old by plowing deep, longitudinal furrows or by removing the topsoil and vegetation and by compacting the fill upon a series of layers.

(4) All exposed fill slopes shall be protected immediately upon completion with an improved erosion-control device, such as planting or the placing of wattling or straw matting.

(5) Fill material, after compaction, shall have a minimum relative density of not less than ninety percent (90%) of maximum dry density, or such lesser percentage as specified by the City Engineer, as determined by the modified AASHO soil compaction tests or other approved testing methods giving equivalent test results, in all portions of the fill requiring compaction.

(6) A written report, in duplicate, of the compaction, showing the location and depth of the test holes, materials used, moisture conditions, and relative dry density obtained from all tests, prepared and submitted by an approved soil testing agency or registered civil engineer, shall be submitted to the City Engineer. If the fill is to support buildings or structures, the report shall include recommendations as to the recommended soil-bearing pressures.

(e) Applicability of Provisions. This section shall apply to all fills in the City, regardless of whether a permit is required by this chapter for such fill, except that the tests and reports specified by this section shall not be necessary in connection with fills for which no permit is required.

(Sec. 14, Ord. 79-02, eff. Mar. 29, 1979)

7-5.06 Protective Devices.

The owner of any property 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 such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes, and other protective devices shown in the approved plans or drawings submitted with the application for the grading permit.

(Sec. 15, Ord. 79-02, eff. Mar. 29, 1979)

7-5.07 Repairs of Excavations and Fills Constituting Nuisances.

Whenever the City Engineer shall determine by an 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 such excavation or fill is located, or other person or agent in control of the property, upon the receipt of a notice in writing from the City Engineer to do so, within one hundred eighty (180) days after the date of such written notice, shall repair or reconstruct such excavation or fill so that it will conform to the requirements of this chapter or otherwise repair, reconstruct, strengthen, or eliminate such excavator 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. Any person receiving a notice as set forth in this section may appeal from the notice of the City Engineer as set forth in Chapter 4 of Title 1 of this Code.

(Sec. 16, Ord. 79-02, eff. Mar. 29, 1979)

7-5.08 Drainage.

Provisions shall be made to prevent any surface water from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be of such design as to carry surface water to the nearest practical street, storm drain, or natural watercourse approved by the City Engineer as a safe place to deposit and receive such water.

(Sec. 17, Ord. 79-02, eff. Mar. 29, 1979)

7-5.09 Safety Precautions.

If, at any stage of work on an excavation or fill, the City Engineer shall determine by an inspection that the nature of 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 advisable to avoid such likelihood of danger. Such safety precautions may include, but shall not be limited to, specifying a flatter exposed slope; the construction of additional drainage facilities; berms; terracing; or compaction or cribbing.

(Sec. 18, Ord. 79-02, eff. Mar. 29, 1979)

7-5.10 Certificates of Approved Soil Testing Agencies.

In addition to the inspection of any fill made by the City Engineer, the City Engineer may require a certificate by an approved soil testing agency based on tests of the fill at selected stages. If favorable conditions exist, the City Engineer, by prior approval, may waive the requirements for supervision of or soil tests by an approved soil testing agency.

(Sec. 19, Ord. 79-02, eff. Mar. 29, 1979)

7-5.11 Protection of Adjacent Property: Fences and Guardrails.

No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public property without supporting and protecting such public street, sidewalk, alley, or other public property from settling, cracking, or other damages which might result from such excavation. Should the nature of the excavation create a hazard to life unless adequately fenced, the applicant may be required to construct approved fences or guardrails to safeguard persons using the public street, sidewalk, alley, or other public property.

(Sec. 20, Ord. 79-02, eff. Mar. 29, 1979)

7-5.12 Placement of Earth, Rock, and the Like: Limitations.

(a) No person shall dump, move, place, or leave any earth, sand, gravel, rock, stone, or other excavated or exposed material so as to cause the same to be deposited upon, or to roll, flow, or wash 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.

(b) No person, when hauling any earth, sand, gravel, rock, stone, or other excavated material over any public street, alley, or other public place, shall allow such material to blow or spill over and upon such street, alley, or place, or on adjacent private property.

(c) When 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 person responsible therefor shall cause the same to be removed from such public place or way within thirty-six (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 person who failed to so remove the material, and the City Engineer may require an applicant for a permit issued under the provisions of this chapter to post and maintain a cash bond in an amount sufficient in his opinion to assure such removal. Such bond shall be in addition to the performance bond required by this chapter.

(Sec. 21, Ord. 79-02, eff. Mar. 29, 1979)

7-5.13 False Statements and Data.

No person who prepares or signs any application, plan or drawing shall willfully make any false statement or furnish false data therein or thereon.

(Sec. 22, Ord. 79-02, eff. Mar. 29, 1979)

7-5.14 Permits: Required.

No person shall do any grading without a permit therefor from the City Engineer if such grading would result in any of the following:

(a) An excavation or fill in excess of twenty (20) cubic yards;

(b) An excavation three feet (3') or more below a two (2) (horizontal) to one (1) (vertical) descending slope from any property line or a fill three feet (3') or more above a two (2) (horizontal) to one (1) (vertical) ascending slope from any property line;

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

No person shall construct, reconstruct, alter, repair, or install any structure in any natural watercourse without a permit therefor from the City Engineer. A separate permit shall be required for each separate noncontiguous site. One (1) permit may cover both an excavation and a fill on the same site made with excavated materials.

(Sec. 23, Ord. 79-02, eff. Mar. 29, 1979)

7-5.15 Permits: Exceptions.

No permit shall be required by virtue of this chapter for any of the following:

(a) Grading pursuant to a permit for an excavation in a public street;

(b) Grading in connection with a public improvement or public works for which inspections are provided by the City;

(d) An excavation below the finish grade for basements and footings of a building, swimming pool, or underground structure authorized by a valid building permit where the cost of such excavation is included in the building permit evaluation. 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 such excavation; or

(e) Grading by a public agency which possesses the power to levy an ad valorem tax.

(Sec. 24, Ord. 79-02, eff. Mar. 29, 1979)

7-5.16 Permits: Applications.

To obtain a permit as required by this chapter, the applicant shall first file an application therefor in writing, in triplicate, on forms furnished by the City Engineer. The application shall be signed by the owner of the property where the work is to be performed or by his duly authorized agent, and such agent’s authority shall be shown in writing. Every such application shall contain the following information:

(a) The purpose of the work and a statement as to whether the purpose of the excavation is to prepare the site for a subdivision or private development under the Subdivision Map Act of the State;

(b) The amount of material proposed to be excavated and the amount of fill in cubic yards;

(d) The street address at the point of access to the property where the work is to be performed;

(e) The name and address of the owner of the property on which the work is to be performed;

(f) A description of the equipment and methods to be used in performing the work;

(g) The name of any person who will haul excavated materials to or from the property where the work is to be performed;

(h) The name, address, and telephone numbers of the persons who shall have effective control of the work;

(i) The name, address, and telephone numbers of all persons, if any, who will receive the excavated materials or who will have any interest in the proceeds of the sale or disposal of such materials;

(j) The estimated dates for starting and completing the work to be done; and

(k) Such further applicable information as the City Engineer may require in order to carry out the purpose of this chapter.

(Sec. 25, Ord. 79-02, eff. Mar. 29, 1979)

7-5.17 Permits: Applications: Accompanying Scale Plans and Drawings.

The application required by Section 7-5.16 of this chapter shall be accompanied by scale plans or drawings, in triplicate, prepared by a registered landscape architect, registered civil engineer, land surveyor, or architect, showing the following:

(a) The property lines of the property on which the work is to be performed;

(b) The location of any building or structure on the property where the work is to be performed and the location of any building or structure on land of adjacent property owners which is within fifteen feet (15') of the property on which the work is to be performed;

(c) The elevations, dimensions, location, extent, and slopes of all work proposed to be done, shown on a contour map, and a certification of the quantity of the excavation and fill involved;

(d) Detailed plans of all walls, cribs, drains, 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 cubic-feet-per-second runoff of the area served by any drain; and

(e) Such further applicable plans or drawings as the City Engineer may require in order to carry out the purpose of this chapter.

The City Engineer may waive the requirement for scale plans or drawings if he finds that the information on the application is sufficient to show that the work will conform to the requirements of this chapter.

(Sec. 26, Ord. 79-02, eff. Mar. 29, 1979)

7-5.18 Permits: Applications: Referral to the Director of Redevelopment.

When the grading is to be done on a site which is intended to be subdivided into three (3) or more parcels, or which involves more than ten thousand (10,000) cubic yards of excavation or fill, the application shall be referred to the Director of Redevelopment for study. The Director of Redevelopment shall report on any aspect of the proposed grading, excavation, or fill that relates to or affects the General Plan or any other zoning plan or zoning regulation of the City. The Director of Redevelopment, upon the completion of the investigation, shall transmit his report and findings and recommendations to the City Engineer, and no permit shall be issued until such report has been received.

Failure of the Director of Redevelopment to act within fifteen (15) days after the referral of the application to him shall be deemed an approval, and the permit may thereafter be issued.

(Sec. 27, Ord. 79-02, eff. Mar. 29, 1979)

7-5.19 Permits: Fees.

(a) A fee for each grading permit shall be paid to the City Engineer as set forth in the following table:


100 cubic yards or less	$15.00
101 to 1,000 cubic yards	$15.00 for the first 100 cubic yards plus $7.00 for each additional 100 cubic yards or fraction thereof
1,001 to 10,000 cubic yards	$78.00 for the first 1,000 cubic yards plus $6.00 for each additional 1,000 cubic yards or fraction thereof
10,001 cubic yards and over	$132.00 for the first 10,000 cubic yards plus $27.00 for each additional 10,000 cubic yards or fraction thereof

(b) Before accepting a set of plans and specifications for checking, the City Engineer shall collect a plan-checking fee. The amount of the plan-checking fee for grading shall be fifty dollars ($50.00).

(c) An additional fee shall be charged for a grading permit which involves constructing, reconstructing, altering, repairing, or installing any structure in any natural watercourse. Such fee shall be one dollar ($1.00) for each one hundred dollars ($100.00), or fraction thereof, of estimated value up to one thousand dollars ($1,000.00). If the estimated value of the work exceeds one thousand dollars ($1,000.00), there shall be an additional fee of fifty cents ($.50) for each one hundred dollars ($100.00), or fraction thereof, of estimated value in excess of the one thousand dollars ($1,000.00).

(d) For excavations and fill on the same site, the fee shall be based on the volume of the excavation or fill, whichever is greater.

(Sec. 28, Ord. 79-02, eff. Mar. 29, 1979)

7-5.20 Permits: Issuance or Denial: Conditions.

(a) Whenever, in the judgment of the City Engineer, the proposed work would directly or indirectly create a hazard to human life or en-danger adjoining property or property at a higher or lower level, or any public sewer, storm drain, watercourse, street, street improvement, or any other public property, the application shall be denied. If, in the opinion of the City Engineer, the danger or hazard can be eliminated by the erection or installation of walls, cribs, or other devices or by a specified method of performing the work, the City Engineer may grant the permit upon the condition that the specified protection and precautionary work shall be done to his satisfaction or upon the condition that a special method of performing the work shall be used.

(b) In granting any permit under this chapter, the City Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to, the following:

(1) Limitations on the hours of operation or the period of the year in which the work may be performed;

(2) Restrictions as to the size and type of equipment;

(3) The designation of routes upon which materials may be transported;

(4) The place and manner of the disposal of excavated materials;

(5) Requirements as to the laying of dust, prevention of noise, and other results offensive or injurious to the neighborhood, the general public, or any portion thereof;

(6) The designation of maximum or minimum slopes to be used if they vary from those prescribed in this chapter;

(7) Regulations as to the use of public streets and places in the course of such work;

(8) Regulations as to the degree of compaction of the fill material;

(9) Requirements as to paving private driveways and roads constructed under the permit;

(10) Requirements for the safe and adequate drainage of the site;

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

(12) A requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property; and

(13) Requirements for the fencing of excavations or fills which would be hazardous without such fencing.

(Sec. 29, Ord. 79-02, eff. Mar. 29, 1979)

7-5.21 Performance Bonds.

(a) Whenever an application for a grading permit is filed for the excavation or fill of twenty (20) cubic yards or more in any area of the City where, in the opinion of the City Engineer, the nature of the work regulated by this chapter is such that if left incomplete it will create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or any street or street improvement, or any other public property, the City Engineer, before issuing the permit, may require the applicant to guarantee faithful performance and payment of labor and materials in an amount determined by the City Engineer, but not less than fifty percent (50%) nor more than one hundred percent (100%) of the total estimated cost of the work, including the corrective work necessary to remove and eliminate geological hazards, by one (1) of the following methods:

(1) Surety Bond. A bond executed by the applicant as principal and a corporate surety authorized to do business in the State as surety in a form furnished by the City Engineer and approved by the City Attorney;

(2) Cash Bond. A cash deposit with the City Engineer; or

(3) Instrument of Credit and Agreement. An instrument of credit from one (1) or more financial institutions subject to regulation by the State or Federal government pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment, and an agreement that the funds designated by the instrument shall become trust funds for the purpose of and in the amount sufficient to cover the cost of the project, including the corrective work necessary to remove and eliminate geological hazards. Such instrument of credit and agreement shall first be approved by the City Attorney.

(b) An additional cash deposit may be required by the City Engineer in the form of a cash bond sufficient to cover the costs of site cleanup and debris removal if, in the opinion of the City Engineer, it is warranted.

(c) Where grading is required on property adjacent to the grading site under a permit to complete a project satisfactorily, the owner of such adjacent property need not provide an additional performance bond if the original is of sufficient amount to include such additional grading.

(d) Each bond and agreement shall be effective upon the date of the filing of the application and shall remain in effect until the work authorized by the grading permit is completed and approved by the City Engineer.

(e) Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of any grading permit, written notice of the fact of the default thereof shall be given to the principal and to the corporate surety, financial institution, or depositor by the City Attorney. 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 such work. Thirty (30) days after the receipt of such notice the surety shall either cause the required work to be performed or, in lieu thereof, pay the City Engineer the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to ten percent (10%) of the estimated cost but not to exceed the principal sum of the bond. Upon the receipt of such money, the City Engineer shall proceed by such mode as he deems convenient to cause the required work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the sum in hand thereof.

(f) If a cash bond has been posted, notice of the default, as set forth in subsection (e) of this section, shall be given to the principal, and if the principal fails to cause the required work to be resumed as set forth in such notice within thirty (30) days of the receipt thereof, the City Engineer shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposit, or any portion thereof, and cause the required work to be completed by such mode as he deems convenient with the approval of the City Attorney. The balance of such cash deposit, if any, upon the completion of the work, shall be returned to the depositor or his successors or assigns after deducting ten percent (10%) thereof.

(g) If an instrument of credit is used to guarantee performance, notice of the default shall be given, as set forth in subsection (e) of this section, to the principal and to the financial institution issuing such instrument of credit, and if the principal fails to cause the required work to be resumed as set forth in such notice within thirty (30) days after the receipt thereof, the City Attorney shall make a demand upon the financial institution for the payment of the estimated cost, plus an additional ten percent (10%) of the estimated cost, from the trust fund held by such financial institution pursuant to the agreement. Upon the receipt of such sum, the City Engineer shall proceed without delay and without further notice or proceedings whatsoever to use such sum, or any portion thereof, and cause the required work to be completed by such mode as he deems convenient. The balance of such cash deposit, if any, upon the completion of the work, shall be returned to the financial institution or its successors or assigns after deducting ten percent (10%) thereof.

(Sec. 30, Ord. 79-02, eff. Mar. 29, 1979)

7-5.22 Liability Insurance.

If, in the opinion of the City Engineer, the nature of the work regulated by this chapter is such that it might create a hazard to human life or endanger adjoining property, or property at a higher or lower level, or any street or street improvement, or any other public property, the City Engineer, before issuing the permit, may require that the applicant for the permit file a certificate showing that he is insured against claims for damages for personal injuries as well as claims for property damages, including damages to the City by the deposit or washing of material onto City streets, which may arise from or out of the performance of the work, whether such performance shall be by himself, his sub-contractor, or any person directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the City Engineer in accordance with the nature of the risks involved. Any such insurance shall include protection against liability arising from completed operations.

(Sec. 31, Ord. 79-02, eff. Mar. 29, 1979)

7-5.23 Permits: Transferability.

No permit required by this chapter shall be transferred without the written permission of the City Engineer.

(Sec. 32, Ord. 79-02, eff. Mar. 29, 1979)

7-5.24 Permits: Revocation.

Any permit issued pursuant to this chapter may be revoked by the City Engineer after a notice and hearing for:

(a) The violation of any condition of the permit;

(b) The violation of any provision of this chapter or any other applicable law relating to the work; or

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

Written notice of the time and place of such hearing shall be served upon the person to whom the permit was granted, or his agent or employee engaged in the work, at least three (3) days prior to the date set for such hearing. Such notice shall contain a brief statement of the grounds to be relied upon for revoking such permit. Such notice may be given either by the personal delivery thereof to the person to be notified or deposited in the United States mail in a sealed envelope with postage prepaid, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the City Engineer as set forth in Section 7-5.25 of this chapter, all work shall be stopped while the appeal is pending.

(Sec. 33, Ord. 79-02, eff. Mar. 29, 1979)

7-5.25 Permits: Denial or Revocation: Appeals.

Any applicant for a permit or any permittee aggrieved by any action or decision of the City Engineer may appeal to the Council within the time and in the manner provided in Chapter 3 of Title 9 of this Code (Subdivisions).

(Sec. 34, Ord. 79-02, eff. Mar. 29, 1979)

7-5.26 Permits: Expiration: Renewal.

Every permit issued pursuant to the provisions of this chapter shall expire at the end of the period of time set forth in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the City Engineer a request for an extension of time setting forth therein the reason for the requested extension. If, in the opinion of the City Engineer, such an extension is necessary, he may grant additional time for the completion of the work.

(Sec. 35, Ord. 79-02, eff. Mar. 29, 1979)

CHAPTER 5.GRADING

7-5.01 Definitions.