Chapter 12.08 GRADING AND EXCAVATIONS

The purpose of Article I of this chapter is to provide minimum standards to safeguard life and limb, to protect property and property values, preserve natural beauty, promote public welfare, protect and enhance water quality of watercourses, water bodies and wetlands, and control erosion, sedimentation, increases in surface runoff and related environmental damage caused by construction-related activities, by regulating and controlling the design, construction, quality of materials, use, location and maintenance of grading, excavating and fill, land disturbances, land fill and soil storage in connection with the clearing and grading of land for construction, within the City. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 1, 1995: Ord. 516 § 1 (part), 1960)

12.08.020 Definitions.

As used in this article:

A. “Bank yards” means the quantity of material to be excavated, or to be placed, in the case of embankment, in place on the site, as computed by the method of “average and areas.”

B. “Building permit” means a permit issued by the Building Department for the construction, erection or alteration of a structure or building.

C. “Clearing and grubbing” means and consists of cutting, chopping, bulldozing or removing by any means, native growths of trees, bushes, grasses, stumps, root masses, and all debris not native to the site. Present smog-control ordinances prohibit all burning of such materials, and no such materials shall be permitted to be stockpiled on the site or buried in any fill.

D. “Excavation” means and includes any excavation, removal, relocation or alteration of the existing contours and location of any soil, earth, fill, sand, rock, gravel or waste material, any combination thereof, and the conditions resulting therefrom.

E. “Fill” means and includes fill, deposit, relocation or placing of any soil, earth, sand, rock, gravel or waste material, any combination thereof, and the conditions resulting therefrom, but not including materials independently supported above by structures or containers.

F. “Final erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site after all other planned final structures and permanent improvements have been erected or installed. The plan shall include a description of any specifications for sediment retention devices, a description of any specifications for surface runoff and erosion control devices, a description of vegetative measures, and a graphic representation of the location of all items required within the definition.

G. “Grading” means and includes any excavation or fill, and combination thereof and the conditions resulting therefrom.

H. “Grading permit” means any permit required by Article I of this chapter.

I. “Ground level” means and includes the natural grade, surface or contour of a site.

J. “Interim erosion and sediment control plan” means a set of measures designed to control surface runoff and erosion and to retain sediment on a particular site during the period in which preconstruction and construction-related land disturbances, fills and soil storage occur. The plan shall include a delineation and brief description of the measures to be undertaken to retain sediment on the site, a delineation and brief description of the surface runoff and erosion control measures to be implemented, a delineation and brief description of the vegetative measures to be taken (including but not limited to seeding methods), and the location of all the measures listed under this section shall be depicted on the site and grading plan.

K. “Moratorium street” means any street, or portion thereof, that has been reconstructed or resurfaced in the preceding five-year period.

L. “Permittee” means any person to whom a grading permit is issued.

M. “Person” means a natural person, his heirs, executors, administrators or assigns, and also includes a firm, partnership or corporation, its or their successors or assigns, or the agent of any of the aforesaid.

N. “Site” means and includes any lot or parcel of land, or contiguous lots or parcels of land, whether held separately or joined together in common ownership or occupancy, where grading is continuous and performed at the same time. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 2, 1995; Ord. 516 § 1 (part), 1960)

12.08.030 Applicability of provisions.

A. New grading, excavations and fills, or changes, additions, repairs or alterations made to existing excavations and fills within the City shall conform to the provisions of Article I of this chapter.

B. If two or more pertinent limitations are not identical, those limitations shall prevail which provide the greater safety to life and limb, property, natural beauty and public welfare.

C. The permissive provisions of this article shall not be presumed to waive any limitations imposed by other statutes or of ordinances of the City or of the State. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.040 Permit—Required.

No person shall do or cause to be done any grading within the City without first having obtained a permit in accordance with this chapter. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.050 Permit—Exemptions.

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

A. An excavation which is entirely contained in one building site, which does not exceed fifty cubic yards of material, and which does not exceed four feet in depth at its deepest point;

B. An excavation below finished grade for basements, walls or footings of a building, swimming pools, or underground structures authorized by a valid building permit. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.060 Permit—Application. Revised 4/24

A. An applicant for a grading permit shall first file an application therefor in writing with the Public Works Department, unless subject to Planning and Transportation Commission review pursuant to Sections 12.08.080(B) and (E). At the minimum, every such application shall include:

1. A description of the land on which the proposed work is to be done by lot, block, tract and street address, or similar description that will readily identify and definitely locate the proposed work;

2. Plans and specifications, including:

a. A contour map of a scale and having contour intervals of five feet, showing the present contours of the land, the proposed contours of the land after completion of the proposed grading, boundaries, lot lines, neighboring public ways, and sufficient dimensions and other data to show location of all work;

b. Description of the type and classification of the soil, details and location of proposed drainage structures and piping, benches, walls and cribbing;

c. Details, locations, species, planting plans and schedules, etc., for all proposed slope-control plantings and for all proposed screening, the location of all existing trees of over four-inch butt diameter on the site, and identifying those trees which will not be disturbed by the proposed grading; and

d. Such other information that the City Engineer or his/her designee may require to carry out the purposes of this article.

All plans shall bear the name of the person responsible therefor;

3. State the estimated date for the starting and completion of the grading work, the construction schedule, and the schedule for installation of permanent erosion and sediment control devices where required;

4. Show the name of the permittee, who shall be responsible for the correctness of the work and for requesting the inspections required in this article;

5. Be accompanied by a soils investigation report. The City Engineer or his/her designee may request a soils investigation report for any grading operation of less than one thousand cubic yards, and shall require a soils investigation report for any grading operation exceeding one thousand cubic yards.

a. The soils investigation report shall be prepared by a firm of consulting civil engineers, licensed in the State of California, specializing in soil mechanics and foundation engineering, and shall clearly state that the proposed grading conforms to conservative safe engineering practices.

b. The soils report shall specifically discuss the stability of all exposed slopes, both cut and fill, and all required drainage for both surface and subsurface waters, and requirements for berms on all slopes, and recommended degrees of compaction for all fills, and such other recommendations as, in the opinion of the engineers, are required by the purpose of Article I of this chapter. Logs of all test borings, and results of all field and laboratory tests performed during the soils investigation, shall be included with the soils report;

6. Provide an interim and final erosion and sediment control plan, as defined in Section 12.08.020(F).

B. The City Engineer or his/her designee may waive the requirement for any or all plans and specifications specified in this section if he finds that the information on the application is sufficient to show that the work will conform to the purpose of this article. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 1194 §§ 3-5, 1995; Ord. 516 § 1 (part), 1960)

12.08.070 Permit—Fees.

Before issuing any grading permit, the City Engineer or his/her designee shall collect a permit fee as established by the City Council in a uniform fee schedule. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 6, 1995)

12.08.080 Permit—Issuance conditions. Revised 4/24

A. If, in the opinion of the City Engineer or his/her designee, the grading proposed will not adversely affect the drainage or lateral support or other properties in the area, and will not be detrimental to the public health, safety or the general welfare, he shall approve any application where the total amount of grading on the site will not exceed one thousand yards; or he may, in the alternative, refer the proposed plans to the Planning and Transportation Commission for approval.

B. All applications where the total amount to be graded exceeds one thousand cubic yards (including both cut and fill) shall be acted upon by the Planning and Transportation Commission and shall be granted if the proposed grading will not adversely affect the drainage or lateral support of other properties in the area, is consistent with the San Carlos General Plan and Municipal Code, and will not be detrimental to the public health, safety or general welfare.

C. Factors to be considered in determining probability of hazardous or unsightly conditions shall include, but not be limited to, possible saturation by rain, erosions, earth movements, runoff of surface waters and subsurface conditions such as the stratification and faulting of rock, and nature and type of soil or rock. Failure of the City Engineer or his/her designee to observe or recognize hazardous or unsightly conditions or to fail to deny the grading permit shall not relieve the owner or his agent for responsibility for the condition or damages resulting therefrom, and shall not result in the City, its officers or agents being responsible for the condition or damages resulting therefrom.

D. In granting any permit, the City Engineer or his/her designee or the Planning and Transportation Commission may make such conditions in connection therewith as will, in his or its opinion, secure substantially the objective of Article I of this chapter. All work will be performed under the provisions of the California contractors’ license provisions contained in Chapter 9 of Division 3 of the Business and Professions Code of the State.

E. Before holding any Planning and Transportation Commission hearing upon the granting of a grading permit, notices of such hearing shall be sent to property owners (as shown on the last equalized assessment roll) within a three-hundred-foot radius of the exterior boundaries of the subject property.

F. If a dirt hauling permit is requested in addition to the grading permit, notice of the proposed dirt haul route shall be given in the manner prescribed by Section 15.36.055. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 1194 § 7, 1995; Ord. 1186 § 2, 1995; Ord. 516 § 1 (part), 1960)

12.08.090 Permit—Denial—Appeal procedure. Revised 4/24

A. Any applicant aggrieved by a determination of the City Engineer or his/her designee may appeal such determination to the Planning and Transportation Commission by filing a written notice of appeal, and accompanying fee as determined by City Council resolution, with the Planning Director within five days after receiving notice of the determination.

B. Any applicant aggrieved by a determination of the Planning and Transportation Commission may appeal to the City Council within five days from the date of such determination by filing a written notice of appeal, accompanied by a fee as determined by City Council resolution, with the City Clerk. The City Council shall, upon receiving the notice of appeal:

1. Set the matter for hearing before itself and give notice as provided in Title 18, on zoning.

2. Review the record of the proceedings before the Planning and Transportation Commission and either affirm or reverse the action of the Commission; or, it may refer the matter back to the Planning and Transportation Commission for further proceedings. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 1194 § 8, 1995; Ord. 516 § 1 (part), 1960)

12.08.100 Permit—Bond required.

A. Before issuing any grading permit, the City Manager may require for any excavation and/or fill up to one thousand yards, and shall require for any excavation and/or fill in excess of one thousand cubic yards, the filing with the City of a faithful performance bond guaranteeing to the City the faithful performance of all work and all conditions contained or described in the approved permit and in the approved plans and specifications made a part hereof. The bond shall be in an amount specified by the City Engineer or his/her designee, and shall be acceptable to the City Attorney. The intent of this requirement is to permit the City to restore the property to a safe and reasonably attractive condition in the event of nonfulfillment of permit conditions.

B. The City Manager shall also have the authority to require the filing with the City of a maintenance bond which shall be effective for not more than one year from the date of issuance of the grading certificate provided for in Section 12.08.260. The maintenance bond shall be in an amount not to exceed twenty-five percent of the amount of the faithful performance bond.

C. The City Manager may request the City Attorney to commence an action against the performance bond under the following circumstances:

1. The permittee ceases land-disturbing activities and abandons the work site prior to completion of the site and grading plans;

2. The permittee fails to implement or comply with the final plan or interim plan as approved or the techniques utilized under either plan fail within one year of installation, or a final plan is implemented for the site or portions of the site, whichever is later.

D. The moneys obtained from a successful action against the performance bond shall be used to finance remedial work undertaken by the City or a private contractor under contract to the City, and to reimburse the City for the cost of litigation.

E. The performance bond held against the successful completion of the site and grading plan and the interim plan shall be released to the permittee at the termination of the permit, provided no action against such security is filed prior to that date. (Ord. 1491 § 3 (part), 2015: Ord, 1194 § 9, 1995; Ord. 516 § 1 (part), 1960)

12.08.110 Permit—Duration.

Excluding the rainy season as defined in the municipal regional permit, permits issued under this chapter shall be valid for the period during which the proposed land-disturbing or filling activities and soil storage takes place or is scheduled to take place, whichever is shorter; except that the City Engineer or his/her designee may, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work being started or completed within the specified time limits, grant a reasonable extension of time on the permit; provided, that the application for the extension of time is made before the date of expiration of the permit or an immediate threat to public safety exists. The permittee shall commence permitted activities within sixty days of the scheduled commencement date for grading or the permittee shall resubmit all required application forms, maps, plans, schedules and security to the City Engineer or his/her designee. The City Engineer or his/her designee may require additional fees. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 10, 1995)

12.08.115 Assignment of permit.

A permit issued pursuant to this chapter may be assigned, provided:

A. The permittee notifies the City Engineer or his/her designee and Building Official of the proposed assignment.

B. The proposed assignee:

1. Submits an application form pursuant to Section 12.08.060; and

2. Agrees in writing to all conditions and duties imposed by the permit; and

3. Agrees in writing to assume responsibility for all work performed prior to the assignment; and

4. Provides security pursuant to Section 12.08.100; and

5. Agrees to pay all applicable fees listed in this chapter.

C. The City Engineer or his/her designee and Building Official approve the assignment.

D. The City Engineer or his/her designee and Building Official shall set forth in writing the reasons for his/her approval or disapproval of an assignment. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 11, 1995)

12.08.120 Refund of permit fees.

Should any fee required to be paid by this article be paid more than once, or illegally, erroneously or wrongfully paid or collected, the same may be refunded, by order of the City Council, provided a duly verified claim therefor shall have been filed with the Council within six months after the day of payment of the amount to be refunded. Such claim shall include the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reasons or grounds upon which the claim for refund is based. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.130 Inspection—Required for building permit. Revised 4/24

Whenever an application for a building permit discloses that grading operations within the provisions of this article may be conducted upon the site, the Building Official or his/her designee shall refer the application to the Planning and Transportation Commission or City Engineer or his/her designee pursuant to Section 12.08.080, and no building permit shall be issued until the reviewing authority has issued a grading approval therefor or reporting in writing that a grading permit is not required in accordance with this article. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 1194 § 12, 1995: amended during 1989 recodification; Ord. 516 § 1 (part), 1960)

12.08.140 Inspection—Types required—Notice to City.

The City Engineer or his/her designee shall, when requested, cause the inspections hereinafter required to be made, and shall either approve that portion of the work completed, or shall notify the permit holder in writing wherein the same falls to comply with this article. Where it is found by inspection that the soil or other conditions are not as stated or shown in the application for a grading permit, the City Engineer or his/her designee may refuse to approve further work until approval is obtained for a revised grading plan conforming to the existing conditions. Plans for grading work, bearing the stamp of approval of the City Engineer or his/her designee, shall be maintained at the site during the progress of the grading work and until the work has been approved. The permittee shall notify the City Manager in order to obtain inspections in accordance with the following schedule, and at least twenty-four hours before the inspection is to be made:

A. Initial Inspection. When the permittee or his agent is ready to begin work on an excavation or fill, notification shall be given to the City Engineer or his/her designee not less than two days before any grading is started;

B. Clearing and Grubbing. When all clearing and grubbing has been completed, and all materials removed from the site. Upon written permission from the City Engineer or his/her designee, grading operations may begin on specified portions of a site prior to completion of clearing and grubbing operations over the entire site;

C. Special Structures. When excavations are complete for retaining and crib walls, and when reinforcing steel is in place and before concrete is poured, notice shall be given to the City Engineer or his/her designee;

D. Final Inspection. When all work, including installation of all drainage and other structures, and all planting, has been completed. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.150 Inspection—Special supervision.

When required by the City Engineer or his/her designee, inspection of compaction of fills shall be done by an approved testing agency. A report, prepared and signed by the testing agency, shall be submitted to the City Engineer or his/her designee upon completion of the work, and shall show the following:

A. A contour map, showing the original and finish surfaces of the areas filled;

B. The unit foundation bearing value recommended on faces of the areas filled;

C. A description of the materials used in the fill and the procedure of deposit and compaction, including the preparation of original ground surface before making the fill;

D. A plan showing the location of tests made in the fill, together with a tabulation of the percent compaction obtained in the various tests;

E. A statement that all work was done in conformity with the provisions of Article I of this chapter. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.160 Grading—Hours of operation. Revised 4/24

All grading in residential zones, or within one thousand feet of any residential occupancy, hotel, motel or hospital, shall be carried on between the hours of eight a.m. and five-thirty p.m., unless other hours are specified by the Planning and Transportation Commission or City Engineer, upon receipt of evidence that an emergency exists which would constitute a hazard to persons or property. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.165 Grading—Seasonal prohibitions.

Grading shall be prohibited during the rainy season as defined in the Municipal Regional Permit, unless the City Engineer or his/her designee finds that the land disturbance is relatively minor and that erosion can be easily controlled, or is a necessary and integral part of an interim plan for previously initiated project phases, or is necessary to prevent an imminent threat to public safety as determined by the City Engineer or his/her designee. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 13, 1995)

12.08.170 Grading—Dust and noise control.

All graded surfaces and materials, whether filled, excavated, transported or stockpiled, shall be protected or contained in such a manner as to prevent any nuisance from dust, or spillage upon adjoining property or streets. Equipment and materials on the site shall be used in such a manner as to avoid excessive dust and noise. Roadways on the site shall be surfaced sufficiently to prevent excessive dust. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.180 Grading—Drainage restrictions.

No grading shall be conducted in such a manner as to alter the established gradient of natural drainage channels in such a manner as to cause excessive erosion or flooding. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.190 Grading—Slopes and banks.

A. The exposed or finished banks or slopes of any fill or excavation shall be uniformly graded, and no such slope, bank or inclined graded surface shall exceed a vertical height of thirty feet unless intercepting drains or terraces are provided. Such drains or terraces shall be permanently lined or protected with approved materials, and accumulating surface waters shall be conducted to an approved point of discharge. Berms shall be provided to prevent overflow from any such terrace or intercepting drain.

B. All exposed or finished banks or slopes of any fill or excavation having a slope steeper than three horizontal to one vertical shall be protected from erosion by approved planting, cribbing, walls or terracing, or a combination thereof. Other unprotected graded surfaces exceeding five thousand square feet in area shall be planted, paved or built upon, or shall be provided with berms and approved drainage facilities adequate to prevent erosion and to conduct the accumulation or runoff of surface waters to an approved place of discharge.

C. It is the intent of this section to prohibit the abandonment of graded areas or slopes which are not provided with erosion protection and adequate drainage facilities even though all other requirements herein have been provided and approved. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.200 Trenching in slopes and banks.

Any pipe trench or other trenching or excavation made in any slope or bank of an excavated or filled site shall be backfilled to the level of the surrounding grade. Such backfill shall be compacted to the density of the original materials, but in no case less than ninety percent of the maximum density achieved by AASHTO Compaction Test Method T99-57 or T180-57, as selected by the City Engineer or his/her designee. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.210 Building site pads.

Whenever possible, all building site pads shall be graded to provide drainage to a street, public way, natural watercourse, approved flood channel or public easement, for drainage purposes. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.220 Berms for slopes and banks.

Berms shall be provided and maintained at the top of all banks or graded slopes unless the slope of the site exceeds one-fourth inch per foot in the direction of an approved point of discharge. Sites shall be graded to prevent spillage of surface waters across banks or graded slopes. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.230 Fill material—Placement specifications. Revised 4/24

A. All fill used, designed or intended to be used to provide vertical or lateral support for buildings or structures shall be compacted as required by the Soils Engineer employed for the project, or not less than ninety percent, as determined by the AASHTO Compaction Test Method T99-57 or T180-57, as selected by the City Engineer or his/her designee.

B. Before placing any fill intended to be compacted, all existing ground surfaces upon which such fill will be placed shall be cleared of all deleterious materials not indigenous to the site. Tree stumps cut flush with the ground may be permitted, provided at least three feet of fill is to be placed over the stump. Surface shall be rough-graded to a minimum depth of six inches in order to provide a bond between original and filled material. In addition to the bonding required herein, when fill is to be placed on existing slopes steeper than six horizontal to one vertical, terraces or deep furrows shall be provided at intervals of slope distance not exceeding twenty feet. The slope shall be benched at least four feet horizontally for the full length of the slope upon which the fill is to be made.

C. Fill material shall be of uniform density and composition, and no fill shall contain excessive voids, trash, debris, garbage, organic solids, metal containers or parts, combustible waste, or other materials not specifically approved as fill material by the Planning and Transportation Commission, or called for by the City Engineer or his/her designee or Soils Engineer in the approved plans or specifications for the project.

D. Fill material shall contain the proper amount of moisture to assure proper behavior of the fill material, both during compaction and after the fill is in place. This shall be in accordance with design requirements approved by the City Engineer or his/her designee.

E. The maximum slope of any fill shall not exceed two horizontal to one vertical. When cohesionless soils are used, or other conditions warrant a further restriction of slope, the Planning and Transportation Commission or City Engineer or his/her designee may require a flatter slope. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.235 Modifications to permits and erosion control plans.

The City Engineer or his/her designee may, upon the written recommendation of a licensed civil engineer or soils engineer, modify the requirements of a grading permit and erosion control plan under the following circumstances:

A. Where causes exist which may have a deleterious effect on the quality of receiving waters, or increase surface runoff, erosion or off-site sedimentation; and

B. Where modifications achieve the same level of water quality and surface runoff, erosion and sediment control as would have been achieved had these problems not arisen. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 14, 1995)

12.08.240 Grading—Modification of regulations. Revised 4/24

Any of the provisions contained in Sections 12.08.160 through 12.08.230 may be modified or changed upon the written recommendation of a licensed civil engineer or soils engineer, and/or City Engineer or his/her designee, when such recommendation is approved by the Planning and Transportation Commission. (Ord. 1612 § 1 (Exh. A), 2024; Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.250 Maintenance of protective devices.

The owner of any property on which any excavation or fill has been made shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices, including protective planting, until the same are well-established. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

12.08.260 Certificate of completion.

If, upon final inspection of any excavation or fill, it is found that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this article, a grading certificate covering such work, and stating that the work is approved, shall be issued to the owner by the City upon request. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 15, 1995; Ord. 516 § 1 (part), 1960)

12.08.270 Suspension or revocation of permit.

The City Engineer or his/her designee shall first use the procedures set forth in this section before any other enforcement procedure set forth in this title.

A. The City Engineer or his/her designee shall suspend the permit and issue a stop work order, and permittee shall cease all work necessary to remedy the cause of the suspension, upon notification of such suspension when:

1. Inspection by the City Engineer or his/her designee under Section 12.08.140 reveals that the work or the work site:

a. Is not in compliance with the conditions set forth in Sections 12.08.160 through 12.08.250; or

b. Is not in conformity with the site map and grading plan, interim or final plan as approved pursuant to Section 12.08.060; or

c. Is at variance with reports submitted under Section 12.08.060; or

d. Is not in compliance with an order to modify under Section 12.08.235.

2. Permittee fails to comply with an order to modify within the time limits imposed by the City Engineer or his/her designee.

B. The City Engineer or his/her designee shall revoke the permit and issue a stop work order, and permittee shall cease work upon the occurrence of any of the following conditions:

1. Permittee fails or refuses to cease work, as required under subsection A of this section, after suspension of the permit and receipt of a stop work order and notification thereof.

2. Any of the conditions set forth in subsection A of this section occurs within one hundred feet of a watercourse.

C. The City Engineer or his/her designee shall reinstate a suspended permit upon permittee’s correction of the cause of the suspension.

D. The City Engineer or his/her designee shall not reinstate a revoked permit. (Ord. 1491 § 3 (part), 2015: Ord. 1194 § 16, 1995)

12.08.290 Violation—Penalty.

A violation of any of the terms or provision of Article I of this chapter shall constitute a misdemeanor. Any person or persons convicted of a misdemeanor under the provisions of this article shall be punishable by a fine of not more than five hundred dollars, or by imprisonment not to exceed six months in the County Jail, or by both such fine and imprisonment. (Ord. 1491 § 3 (part), 2015: Ord. 516 § 1 (part), 1960)

Article II. Street Excavations and Private Improvements

12.08.300 Written permission and specifications.

No private improvements of any kind or nature shall be attempted or made to any public street or thoroughfare within the City until and unless the City Engineer or his/her designee has issued his written permission and specifications therefor. (Ord. 1491 § 3 (part), 2015: Ord. 302 § 1, 1951)

12.08.310 Paving or repaving—New excavations barred when.

A. Whenever the City Council shall provide for the paving, repaving, or any roadway surface treatment that includes the full length and width of any street, the Public Works Director or his/her designee shall promptly mail a written notice thereof to each person owning any sewer, main, conduit or other utility in or under the street or any real property, whether improved or unimproved, abutting the street, notifying them that the street has become a moratorium street.

1. Such notice shall notify such persons that no excavation permit shall be issued for openings, cuts or excavations in a moratorium street for a period of five years after the date of the paving or repaving of the street.

2. Such notice shall also notify such persons that applications for excavation permits, for work to be done prior to such paving or repaving, shall be submitted promptly in order that the work covered by the excavation permit may be completed not later than forty-five days from the date of the decision of the City Council to pave or repave the street.

3. The Public Works Director or his/her designee shall also promptly mail copies of the notice to the occupants of all houses, buildings and other structures abutting the street for their information, and to State agencies and City departments or other persons that may desire to perform excavation in such City street.

B. Within such forty-five days, every public utility company receiving notice as prescribed herein shall perform such excavation work, subject to the provisions of this section, as may be necessary to install or repair sewers, mains, conduits or other utility installations.

C. In the event any owner of real property abutting such street shall fail within such forty-five days to perform such excavation work as may be required to install or repair utility service lines or service connections to the property lines, any and all rights of such owner or his successors in interest to make openings, cuts or excavations in such street shall be forfeited for a period of five years from the date of paving or repaving of such street. During the five-year period, no excavation permit shall be issued to open, cut or excavate in such street, unless with the approval of the City Engineer or his/her designee the applicant for a permit can show that it is necessary that the excavation permit be issued. The City Engineer or his/her designee may upon written request grant an excavation moratorium waiver with additional conditions on a public right-of-way permit subject to an excavation moratorium waiver. Excavations approved with an excavation moratorium waiver on streets that had been resurfaced within five years prior to the application for an excavation moratorium waiver shall comply with the following at the discretion of the City Engineer:

1. Where the excavation is one hundred feet or more in length, the applicant shall slurry seal or reconstruct the entire length of the excavation, and the entire width of the street from curb-line to curb-line, or where a raised median is present the applicant shall resurface from the curb-line to the median.

2. Where the excavation is less than one hundred feet in length, the applicant shall reimburse the City a flat fee of six hundred dollars per opening, an amount to be adjusted every year for inflation by resolution of the City Council, due to increased costs associated with long-term street damage.

D. Every City department or official charged with responsibility for any work that may necessitate any opening, cut or excavation in such street, is directed to take appropriate measures to perform such excavation work within the forty-five day period so as to avoid the necessity for making any openings, cuts or excavations in the new pavement in the City streets during such five-year period. (Ord. 1491 § 3 (part), 2015: Ord. 666 § 1, 1968)

12.08.320 Violation—Penalty.

A. Any person violating any of the provisions or failing to comply with any of the mandatory requirements of the ordinances of the City, is guilty of a misdemeanor, unless the violation is made an infraction by ordinance.

B. Except in cases where a different punishment is prescribed by any ordinance of the City, any person convicted of a misdemeanor for violation of an ordinance of the City is punishable by a fine of not more than one thousand dollars, or by imprisonment not to exceed six months, or by both such fine and imprisonment.

C. Any person convicted of an infraction for violation of an ordinance of the City is punishable by:

1. A fine not exceeding one hundred dollars for a first violation;

2. A fine not exceeding two hundred dollars for a second violation of the same ordinance within one year; or

3. A fine not exceeding five hundred dollars for each additional violation of the same ordinance within one year.

D. Each person is guilty of a separate offense for each and every day during any portion of which any violation of any provision of this chapter is committed, continued or permitted by any such person, and he shall be punishable accordingly.

E. In addition to the penalties set out in this chapter, any condition caused or permitted to exist in violation of any of the provisions of this chapter shall be deemed a public nuisance and may be, by the City, summarily abated as such, and each day such condition continues shall be regarded as a new and separate offense. (Ord. 1491 § 3 (part), 2015: Ord. 978 § 2 (part), 1987)