Chapter 15.10 GRADING

All grading in the city is subject to this chapter. The requirements of this chapter apply to all persons including public agencies, except as otherwise specifically provided, or exempted by state law. (Ord. 613 § 2, 1988; 1991 code § 15-2.1)

15.10.020 Definitions.

As used in this chapter:

City specifications or specifications means the current specifications and their amendments adopted by the council or in general use by city departments having jurisdiction over earthwork, roads, buildings, drainage and similar construction.

Compaction means the act of compacting or consolidating soil and rock material to a specified density, and the resulting compacted state of the material.

Director means the director of public works and community development.

Grading the act or result of digging, excavating, transporting, spreading, depositing in an embankment or fill, compacting or settling, or shaping of surfaces and slopes in excavations and on embankments, backfilling of trenches, pits, ditches and other excavations or natural depressions, and all other operations performed by or controlled by human agency involving the physical movement of rock or soil.

Quarry means premises or site from which rock, sand, gravel, stone, earth, soil, or mineral is removed or excavated for disposition away from the immediate premises, whether the disposition is immediate or delayed, except:

1. Excavation necessary for the construction of a building on the site of the excavation if permits for grading and construction have been issued; and

2. Excavation necessary to bring the contour of the land, within a subdivision for which a map has been recorded in the office of the county recorder, to the grades shown on a land development plan for the subdivision and which has been approved as a part of the grading permit authorizing the excavation.

Relative compaction means the ratio of the density of the embankment or foundation material in place after compaction to the maximum density of the same soil compacted under the standard test procedure.

Rock means massive layers or fragments of bedrock or cemented earthen materials in the earth’s crust, which are of considerable hardness and structural strength, are highly resistant to erosion or disintegration by water or other natural geological weathering processes, and cannot be excavated by ordinary hand methods.

Soil (earth) means earthen materials other than rock, formed by the physical disintegration of rock by water, heat, chemical, mechanical or other weathering processes, and generally occurring in nature as sedimentary deposits and as surface layers of unconsolidated granular materials, which may include boulders, gravel, stone ships, sand, clay and organic material.

Soils engineer means a registered civil engineer, licensed by the state, responsible for the soils engineering work outlined in this chapter, including the supervision, analysis and interpretation of field investigations and laboratory tests for a specific project, the preparation of soils engineering recommendations and specifications, and the supervision of grading construction work.

Test procedures means testing and control procedures, as modified from time to time, in use by the State of California, Department of Public Works, Division of Highways. (Amended during 2005 recodification; 1991 code § 15-2.2)

15.10.030 Permit required.

A. No person may do grading work, except as specified in subsection C of this section, without a permit.

B. A separate permit is required for work on each site unless the sites are contiguous and the entire area is included in the plans accompanying the application. Sites separated by an existing public road are not considered contiguous.

C. A grading permit is not required for the following work:

1. Excavation for foundation, basement, cesspool, septic tank and swimming pool for which a permit has been issued;

2. Quarry excavation for which a permit has been granted;

3. Excavation for trench on or across private property if to be backfilled to existing ground surface;

4. Excavation for installation of underground storage tank for oil, gasoline and water, where the capacity of the tank does not exceed 10,000 gallons;

5. Cemetery grave;

6. Excavation for mine shaft, well, or tunnel for utilities;

7. Earthwork construction performed by a federal, state, county, or city governmental agency or its contractor;

8. Gravel stockpile for road material;

9. Embankment made in connection with earthfill dam regulated by the state;

10. Improvement of creek channel and construction of drainage, irrigation and domestic water supply channel performed by public agency;

11. Construction, repair and maintenance of levees for local drainage control;

12. Minor land leveling for agricultural farming, if the average ground elevation is not changed more than three feet;

13. Refuse disposal site controlled by other regulations;

14. Excavation of less than 200 cubic yards and not exceeding three feet in maximum depth with slopes conforming to the requirements of this chapter, and not extending within two feet of adjoining property;

15. Fill of less than 200 cubic yards placed over a ground sloping not more than five horizontal to one vertical and not exceeding three feet maximum height above ground surface with side slopes and compaction conforming to the requirements of this chapter, and not extending within two feet of any adjoining property line;

16. Subdivision street in tracts for which subdivision improvement plans are approved by the city;

17. Temporary local borrow pit for road material and topsoil for landscaping situated within a larger ownership being subdivided into smaller tracts, if the material is used entirely within the tract being subdivided and if the excavation does not endanger property under other ownership or create a public nuisance or safety hazard. The land shall be graded to comply with this chapter on cessation of excavation within the pit areas;

18. Temporary stockpile of topsoil material required for landscaping lots being graded in the immediate area for building purposes if the stockpiles are not placed within a public right-of-way, do not obstruct drainage ways, are not subject to erosion which will cause silting problems in drainage ways, do not endanger other properties, and do not create a public nuisance or safety hazard. The land shall be graded to comply with this chapter after the removal of stockpiles. (1991 code § 15-2.3)

15.10.040 Application.

A. Form. An application for a grading permit, plans and accompanying data shall be submitted in four sets. The application shall consist of the following parts:

1. Application form, in the format prescribed, to furnish certain general information;

2. Site date;

3. Plans and specifications;

4. Supplementary data, to furnish required additional information not otherwise shown or contained in the above documents;

5. Filing and plan checking fees.

B. Contents. The application form shall contain the following information:

1. Name and address of the applicant;

2. Name and address of the property owner if other than the applicant;

3. Name, address and license number of the contractor or person actually grading;

4. Name and address of the contractor or person actually hauling or supervising hauling operations;

5. Name, address and license number of the civil engineer responsible for preparing the grading plan;

6. Name, address and license number of the soils engineer responsible for any soils engineering investigation, inspection, or reports required;

7. Description of the location of the excavating work;

8. Description of the location of the filling or disposal sites of excavated material if other than on the site of excavation;

9. Brief description of the work to be accomplished;

10. Proposed use of the graded site;

11. Land use zoning;

12. Proposed schedule for starting and completing the grading;

13. Quantity of excavation (cubic yards);

14. Quantity of fill material (cubic yards);

15. Total quantity of excavation and embankment (cubic yards);

16. Date of application;

17. Signature of owner or authorized agent;

18. List of documents accompanying application. (1991 code § 15-2.4)

15.10.050 Site data.

Site data shall include but is not limited to the following items:

A. Vicinity map showing location of site involved;

B. Map showing property boundaries and dimensions of area covered by application for permit;

C. Map showing buildings, roads, utilities, or other improvements within the area, and adjacent thereto, that may be affected by the proposed work;

D. A map drawn to a convenient scale showing the contours of the ground and details of terrain and drainage for the conditions existing before and after the proposed work. This map should show the location of observed springs, swampy areas, areas subject to flooding, landslides and mud flows. Elevations to be based on U.S.G.S. datum;

E. Cross-section of the ground, if required, showing both original and proposed ground surfaces with grades, slopes and elevations noted;

F. A general description of the earth and rock materials involved in the work as to classification, bedding, or other geological features; results of test borings; and reports by a soils engineer, or geologist qualified in the field of soil mechanics, of slide conditions existing or anticipated, and of the suitability of the material for construction of stable embankments and excavation slopes with recommendations for construction procedure to obtain required stability and relative compaction. (1991 code § 15-2.5)

15.10.060 Plans and specifications.

Unless otherwise incorporated in the site data or waived, the following data shall be furnished:

A. A plan showing the limiting dimensions and elevations within the limits of the graded area on completion of the work and indicating proposed drainage channels and facilities;

B. Planned elevations, grades and slopes of excavations and embankments;

C. Specifications controlling construction methods and materials in construction of the work, including:

1. Provisions for control of grading operations within the construction area and on public roads,

2. Safety precautions to be observed, and facilities to be provided,

3. Compliance with laws and local regulations,

4. Control of dust,

5. Hours during which work will be permitted,

6. Other related matters;

D. Plans and details of walls, cribbing, slope protection facilities and planting;

E. Specifications for the removal and disposal of excess material. (1991 code § 15-2.6)

15.10.070 Supplementary data.

When requested, the applicant shall furnish at his or her own expense additional engineering, geological and legal reports, plans, or surveys, and other material necessary to determine and evaluate site conditions and the effect of the proposed work on abutting properties, public ways and the public welfare and safety. (1991 code § 15-2.7)

15.10.080 Fees.

A. Schedule. The applicant shall pay the following fees in accordance with fee schedules established by the city:

1. Filing fee. A separate fee is required for each application and shall be paid at the time the application is filed;

2. Plan checking and investigation fee, to be paid when the plans are submitted. An additional fee is required each time the approved plans are amended;

3. Permit fee, based on the total volume of excavation or embankment, or both, in the work covered by the permit. A separate fee shall be required for each site;

4. Permit transfer fee, applicable only when transfer of a grading permit is approved;

5. Fee for amendment of the grading permit. The permittee shall pay an additional plan checking fee, and an additional permit fee if the amendment increases the total volume of the combined excavation and embankment, so that the total permit fee shall be based on the revised total volume.

B. Fees reduced. When the application contains a certification by the applicant that the plans have been prepared by and construction will be under the continuous supervision of a qualified soils engineer, who shall also certify to the same on the application, the grading permit fee is 10% of that fixed in the schedule of fees.

C. Required.

1. No fee may be refunded in case of denial or withdrawal of applications or cancellation of the grading permit.

2. In case of a reduction of planned work, the approval of an amended grading permit and the satisfactory completion of the work covered by the permit, the permittee may apply within 30 days after issuance of the certification of completion for a refund of that portion of the grading permit fee which would not have been required for a permit based on the revised quantity of work in the amended grading permit. (1991 code § 15-2.8)

15.10.090 Review by city.

A. On receiving an application and accompanying data and fees, the director or designee shall review the application and plans as quickly as possible and make the field reviews necessary to determine site conditions. The director or designee shall notify the applicant 10 days after acceptance of the approval or denial of the permit, or of the need for further investigation or supplementary data.

B. All surveys, maps, engineering plans and engineering reports submitted shall be prepared and signed by qualified persons licensed by the state under Chapters 7 and 15 of Division 3 of the Business and Professions Code. (Ord. 613 § 2, 1988; 1991 code § 15-2.9)

15.10.100 Application approval.

A. An application shall be approved if the design meets the requirements of this chapter and the construction is not detrimental to adjoining properties or to the public interest. When all fees are paid and bonds necessary to meet the requirements of this chapter are posted, the city shall issue a grading permit and note the approval of the grading plan on the application and plans.

B. An application and plan not in compliance with these regulations will not be approved until revised to conform to the conditions and regulations prescribed under this chapter.

C. Rejection of the application is a denial of the permit. However, denial of a permit based on insufficient or inadequate plans does not preclude the applicant from submitting a revised application.

D. An application expires one year from the date of its filing.

E. An expired application may be renewed or a new application filed on payment of a new application fee. (1991 code § 15-2.10)

15.10.110 Imposed conditions.

The city may impose conditions to the approval of a grading permit which are required to protect public health, safety and general welfare, including but not limited to:

A. Completion of the work within a specified period;

B. Cleaning up the area and planting in accordance with approved plans;

C. Designation of the area in which work may be done;

D. Designation of the slope to which excavation may be made, or the grade and elevation of filling;

E. Reasonable provisions for controlling excessive dust;

F. Hours of operation;

G. Safety precautions to guide pedestrian and vehicular traffic in, around and by the operation;

H. Posting a bond to assure compliance with the conditions;

I. Execution of a hold-harmless clause on the permit, which shall read as follows:

The permittee, for himself or herself, his or her contractors, and employees, agrees to defend, save, indemnify and hold harmless the City of Pleasant Hill and its officers, agents, employees or representatives from all liabilities and claims for damages by reason of injury or death to any person or persons, or damage to property from any cause whatsoever while in, upon or in any way connected with the work covered by this grading permit.

J. Other conditions considered necessary and based on accepted engineering practices. (Ord. 613 § 2, 1988; 1991 code § 15-2.11)

15.10.120 Availability and posting of plans and permits.

A. When an application is approved and a grading permit issued, one set of plans and accompanying documents shall be marked as approved and returned to the applicant. This set shall be kept available for reference at the job site during construction. The applicant may furnish additional sets of plans and documents for notation as approved and returned to the applicant for his or her use.

B. The permit shall be posted securely in a conspicuous location on the premises. (1991 code § 15-2.12)

15.10.130 Amendment.

A. All changes in the plans, grades, or extent of work shall be submitted to the director or designee for written approval and incorporation into the grading permit before any change in the approved work is begun. The director or designee may amend the grading permit to approve altered plans or may deny approval of the changes.

B. Failure to obtain prior approval for a change in the work is cause for suspension of work until approval is obtained and may result in revocation of the grading permit if the changes increase hazard to adjoining properties or public roads, or otherwise are detrimental to public welfare. (Ord. 613 § 2, 1988; 1991 code § 15-2.13)

15.10.140 Extension of time.

Before the expiration of a grading permit the applicant may apply for an extension of time in which to complete the work. One extension of time may be granted if the public welfare is not impaired. The extension shall be for a period not longer than one year. Denial of an extension does not preclude the permittee from applying for a new grading permit for the balance of the work. Written consent of surety to any extension of time shall be furnished before approval. (1991 code § 15-2.14)

15.10.150 Transfer.

The transfer of a grading permit from the permittee to another person must be approved by the city. The person to whom the grading permit is transferred shall agree to comply with the requirements of the original permit and to any modification of condition that may be required because of changes in the condition of the site or change in plans since the permit was issued. The transferee shall furnish the required sureties before the transfer of the grading permit may be approved. (1991 code § 15-2.15)

15.10.160 Suspension and revocation.

A. A grading permit may be either suspended or revoked if it is found that:

1. Conditions at the site vary appreciably from that stated in the application or shown on the grading plans;

2. Construction does not conform to the approved plans, grades or other conditions of the grading permit;

3. Cessation of work before completion has left the site in a condition hazardous to the public or to the adjacent properties, and the applicant has not complied with reasonable requirements for completion of the work within the time specified in the permit or an approved extension of time;

4. The applicant does not comply with reasonable requirements to safeguard the workmen, the public, or other persons acting in a lawful manner during construction operations;

5. In transporting materials or in the operation of equipment around and from the site and in connection with the trading operations for which the permit was issued, the applicant fails to operate the equipment properly on or along public roads; causes materials or litter to encroach, obstruct, or be deposited on pavement or in drainage channels within the road right-of-way to the detriment of the public road; creates a hazard on the public road; or causes unauthorized obstruction or diversion of drainage channels within the site area;

6. Failure to have a qualified inspector, working under the supervision of a soils engineer, on the site during construction when required under the permit.

B. On issuance of a notice in writing to cease work or upon the suspension of the grading permit, the applicant shall immediately cease all grading and hauling until written permission is received from the director or designee allowing the applicant to proceed after correcting objectionable conditions or operations to eliminate the hazard or encroachment and to prevent recurrence of the situation. Upon the written order of the city, a suspended grading permit may be either reinstated or revoked.

C. When a permit is revoked, work on the site may not begin again until a new application incorporating the necessary revisions in plans or methods of operation required to fulfill the intent of this chapter and in accordance with the regulations is approved by the director or designee. (Ord. 613 § 2, 1988; 1991 code § 15-2.16)

15.10.170 Performance bond.

A. If the nature of the work is such that, if left incomplete, it will interfere with natural or artificial drainage or will endanger adjoining property or a street, or will create a hazard to human life on any property or street, the city may require the applicant to furnish a cash or corporate surety bond in the sum of 50% of the estimated cost of the total work, conditioned on the faithful performance of the work within the time specified in the grading permit. The bond obligates the principal, his or her successors and assigns, jointly and severally, and the surety, to the city for the faithful performance of the work required.

B. When a default occurs in the performance of a term or condition of the permit, written notice of the default shall be given to the principal and to the surety on the bond. The notice shall state the work to be done to achieve a safe and satisfactory condition, its estimated cost, and the period of time reasonably necessary to complete the work.

C. After receiving the notice of default the surety shall perform the required work within the time specified in the notice.

D. If a cash bond is posted and the notice of default is given to the principal, and if the principal does not comply with the notice within the specified time, the city may use the cash to have the work done. The balance of the deposit shall be returned to the depositor when the work is complete, after deducting the cost of the work plus 10%.

E. In the event of default in the performance of a term or condition of the grading permit, the surety or person employed on his or her behalf, or the city, may go on the premises to complete the required work or make it safe.

F. The term of the bond begins on the date of its posting and ends on the satisfactory completion of the terms and conditions of the permit. Completion is evidenced by a certificate of completion, a copy of which will be sent to any surety on request. When a cash bond is posted, it (less any amounts deducted to pay for work performed after a notice of default) shall be returned to the depositor when the work is complete. (1991 code § 15-2.17)

15.10.180 Cessation of work.

If the applicant ceases work for any reason before the work is completed, he or she shall take all necessary steps to leave the premises in a condition that is safe and will not cause damage to adjoining properties or to the public roads or to any natural or artificial drainage facilities through erosion of materials, landslides, or other instability of slopes and materials. (1991 code § 15-2.18)

15.10.190 Completion of work.

The director or designee shall issue a certificate of completion on satisfactory completion of work under an approved grading permit. (Ord. 613 § 2, 1988; 1991 code § 15-2.19)

15.10.200 Hours of work.

If operations under the grading permit are within 500 feet of residential or commercial occupancies, grading operations shall be limited to the hours between 7:30 a.m. and 7:00 p.m. daily, with Sunday operations prohibited, except that maintenance and service work on equipment may be performed at any time. (1991 code § 15-2.20)

15.10.210 Safety precautions.

In addition to the requirements of the grading permit, the permittee shall comply with all applicable laws, ordinances and regulations of the state and county relating to the character of the work, equipment and labor personnel involved in the project. (1991 code § 15-2.21)

15.10.220 Nuisances.

Operations shall be controlled to prevent nuisances to public and private ownerships because of dust, drainage, removal of natural support of land and structures, encroachments, noise and vibration. (1991 code § 15-2.22)

15.10.230 Prohibition of work during rainfall.

The city may prohibit excavation, grading, or construction of fills during the months in which rainfall prevents compliance with the requirements of this chapter. (1991 code § 15-2.23)

15.10.240 Encroachments on rights-of-way.

Encroachment of operations on a public right-of-way without a permit from the agency is prohibited except for hauling of legal loads by vehicles permitted by law to operate on public roads. (1991 code § 15-2.24)

15.10.250 Use of explosives.

Blasting or other use of explosives is subject to regulation by the city and the State Fire Marshal. (1991 code § 15-2.25)

15.10.260 Embankment and backfill.

A. The slopes of an embankment shall not be steeper than two horizontal to one vertical, except where a soils engineer indicates that steeper slopes may be constructed and maintained safely without creating potential sliding or erosion.

B. The top and bottom of fill slopes shall be so located that no portion of the fill slope will be closer than three feet to an adjacent property line.

C. Embankments or backfill of earth and rock shall be placed and compacted as required by this section. Vegetation, rubbish, or other deleterious material not subject to proper compaction, or otherwise conducive to instability or inadequate drainage, shall not be permitted. When fill material includes rock, individual rocks shall not be greater than three feet in greatest dimension, and no rock larger than six inches in greatest dimension will be permitted closer than 18 inches below finished grade of the embankment. No large rock will be permitted to nest, and all voids shall be filled with earth or other fine material and properly compacted.

D. Material used for backfillings within 18 inches of structures shall be free from stones or lumps of material exceeding four inches in greatest dimension.

E. In fills over 20 feet high, a bench at least six feet wide shall be constructed in the fill slopes, with a maximum vertical spacing of 20 feet between benches, or from the top or bottom of the fill slope. The bench shall have a transverse slope of not less than five horizontal and one vertical, sloping down toward the embankment, and a longitudinal slope of not less than 2%. Drainage along the bench shall be conveyed in a lined ditch or pipe to the point of discharge, unless waived by the city.

F. Except as noted in subsection C of this section, material for embankments and backfill for excavations, slides, walls and other structures shall be spread in layers not exceeding eight inches in loose thickness before compaction, and each layer shall be compacted to a relative compaction of not less than 90%.

G. The side slopes of all embankments shall be compacted by means of tampers or rollers to a relative compaction of at least 85% within one foot of the surface of the embankment slopes.

H. At the time of compaction, the moisture content of the embankment material shall be such that the specified relative compaction may be obtained with the equipment being used. Water shall be added to obtain the optimum moisture content for achieving adequate density. Compaction of embankment material which contains excessive moisture shall be delayed until material has been allowed to dry enough that the specified relative compaction may be produced with the equipment being used.

I. Sufficient field tests to determine the density of the ground and embankment material shall be taken and reported as required but shall not be less frequent than necessary to obtain compaction tests in each two feet of vertical lift of the embankment. When a soils engineer is retained by the owners to inspect the fill construction, a report of the inspection and testing shall be furnished to the city without charge.

J. The absence of test reports, inaccuracy, or inconsistencies in observations shall be sufficient to cause rejection of the completed construction or to delay issuance of a certification of completion until tests are satisfactory and show compliance. The city may require a certificate by an approved soils testing agency, based on the tests of the fills at selected stages.

K. The area on which an embankment or fill is to be placed shall be cleared of all vegetation, such as trees, logs, stumps, roots of trees, brush, and heavy growth of grass and weeds, and any other objectionable material, such as debris, concrete foundations, metal, and nonearthen materials, which cannot be properly consolidated or will not support the load of the embankment or structures. The cleared area shall extend two feet outside the area to be filled. All trees, existing stumps, and large roots shall be removed, except that within the areas where fills will be three or more feet high, trees may be cut flush with the existing ground and grubbing of the remaining stumps will be required only at locations where subdrainage, trenches, drainpipes, foundations, or other structures are to be constructed or where unsuitable material is to be removed before construction of the embankment.

L. The ground area on which any embankment is to be constructed shall be compacted to a minimum relative compaction of 90% throughout the top six inches.

M. Embankment fills to be constructed on existing ground slopes steeper than five horizontal to one vertical shall be keyed into the existing slope by benches excavated in the existing ground, and the excavated material, together with the fill material, shall be recompacted to a relative compaction of 90%. The width of the benches for keying new embankments to existing slopes shall be the width of the compaction equipment plus five feet, but not less than 10 feet. The construction operation shall be such that a slip plane is not created between the original material and the newly compacted material. (1991 code § 15-2.26)

15.10.270 Excavations.

A. Unless otherwise permitted, the slope of bank in an excavation shall not be steeper than one and one-half horizontal to one vertical, except that the slope may be required to be flatter if soil conditions are found to be unfavorable, or an adjacent foundation or structure may be endangered.

B. Benches shall be at least five feet wide and graded at intervals not exceeding 20 feet vertical spacing, nor more than 20 feet vertical spacing from the bottom or top of the excavated slope. The bench shall have a transverse slope of not less than five horizontal to one vertical, sloping downward toward the bank above the bench, and a longitudinal slope of not less than 2%. Unless waived by the city, drainage along a bench shall be conveyed in a lined ditch or pipe to the point of discharge.

C. The stop of the excavation slope shall not be closer than two feet to the nearest property line. (1991 code § 15-2.27)

15.10.280 Drainage and erosion control.

A. Drainage facilities and erosion control devices shall be provided, when required by the city to convey stormwaters to a natural channel or watercourse or to a storm drainage facility in an acceptable manner without causing erosion or damage. Drainage facilities shall be designed to provide the capacity deemed necessary by the flood control district. Drainage facilities and erosion control devices shall be in conformance with the city’s NPDES permit. (See also PHMC Chapter 15.05.)

B. Where evidence indicates the presence of surface or subsurface waters which may contribute to sliding, or settlement of the earth surface either in an undisturbed state or as a result of grading operations, the city may require the construction or installation of facilities deemed necessary to collect these waters and convey them to an acceptable point of discharge.

C. Whenever during excavation there are uncovered or become apparent any springs, aquifers, or other sources of underground water, all grading in the immediate area shall cease and shall not be resumed until the drainage facilities recommended by a soils engineer to remedy the condition have been completed and approved.

D. Whenever slope surfaces of excavations and embankments exist or result from grading on the site, suitable vegetation for ground cover (such as rye grass) shall be planted.

E. Graded sites shall be sloped at least 2% to provide adequate drainage to approved drainage facilities. (Ord. 707 § 3, 1996; 1991 code § 15-2.28)

15.10.290 Evaluation of existing fill.

Before issuing a building permit for a structure to be constructed or placed on any fill or embankment constructed before November 14, 1961, or exempted from the requirement for a grading permit and inspection of construction, or on any other fill, the stability of which is in question, the city may require that the fill be tested and approved for relative compaction, stability of slopes, and adequacy or bearing capacity of the foundation material in the fill or ground beneath. (1991 code § 15-2.29)

15.10.300 Old fill, swamp and slide areas.

Excavation, grading and construction of embankments in, under, over, or adjacent to old fills, swamp or marsh lands, and areas known or believed to be potential slide areas are prohibited until a report by a soils engineer is submitted to the city with the application for a grading permit. The report shall certify that the proposed construction will be stable within itself and will not be hazardous to any adjoining property or to any public road, utility, or other facility. Any recommendations presented in the report about materials, equipment, or procedures to be incorporated in the construction area or operation to ensure adequate stability and safety in the construction area, or to the adjoining areas which may be affected by the proposed construction, together with other reasonable requirements, may be incorporated in the grading permit as a condition of approval of the application. (1991 code § 15-2.30)

15.10.310 Inspection.

The director or designee may enter the premises of the work at all times to inspect the condition of the site and the methods of operation and to check or test any feature or operation involved in fulfilling the conditions of the grading permit. (Ord. 613 § 2, 1988; 1991 code § 15-2.31)

15.10.320 Appeal.

A person who is dissatisfied with the decision of the director or designee may appeal according to the procedures set forth in PHMC Chapter 1.10. (Ord. 846 § 8, 2010; Ord. 613 § 2, 1988; 1991 code § 15-2.32)

15.10.330 Abatement of hazard.

If an excavation, embankment or fill is a menace to life and limb or property, or adversely affects the safety, use or stability of a public way, the owner may be required to abate the condition in conformance with PHMC Chapter 7.05. (Ord. 706 § 5, 1996; 1991 code § 15-2.33)

15.10.340 Civil remedy.

In addition to any other remedy provided by law, the city may seek injunctive and other relief by a civil action against a person participating in a violation of this chapter. (1991 code § 15-2.34)

15.10.350 Actions prohibited.

No person may:

A. Perform any work within the scope of this chapter without a permit from the city;

B. Excavate, grade, or place fill material on any property, whether or not a permit is required, so that dirt or debris washed, eroded, or moved from the property by natural or artificial means creates a public nuisance or hazard, or unlawful encroachment on other property or on a public road or street;

C. Obstruct, divert, or interfere with natural or artificial surface drainage swales, ditches, gutters, or other improved or unimproved drainage channels or drainage ways except for construction or operations approved by the agency having jurisdiction;

D. Excavate or remove material from a levee or work on levees required for river or local drainage control without prior approval of the governmental agency responsible for the maintenance of the levee;

E. Perform a work or construct any facility (including excavation or embankment, trenching, driveway construction, or drainage facility) within the right-of-way of a public road or street, or within an easement under the jurisdiction of the city, without a permit. (1991 code § 15-2.35)