Chapter 17.85
PRECAUTIONS
Sections:
17.85.020 Removal of Brush and Vegetation.
17.85.010 Safety Precautions.
If at any stage of the work the City Engineer determines by inspection that further grading as authorized is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer may order the work stopped by notice in writing served on any persons engaged in doing or causing such work to be done, and any such person shall forthwith stop such work. The City Engineer may authorize the work to proceed if they find adequate safety precautions can be taken or corrective measures incorporated in the work to avoid likelihood of such danger, deposition or interference.
If the grading work as done has created or resulted in a hazardous condition, the City Engineer shall give written notice requiring correction thereof as specified in this code.
If the City Engineer finds any existing conditions not as stated in the grading permit or not as shown on the grading plan, they may order the work stopped until a revised grading plan has been submitted and approved which includes provisions for such existing conditions. (Ord. 13-8 § 4 (Exh. A), 6/11/13)
17.85.020 Removal of Brush and Vegetation.
A. Removal or Destruction of Natural Vegetation Prohibited—Exception. No person shall remove or destroy or cause the removal or destruction of natural vegetation on sloping terrain within the City without first obtaining written approval from the City Engineer.
B. Exceptions to Chapter Applicability. The provisions of this chapter shall not apply to, and written approval from the City Engineer is not required for, the following:
1. The removal or destruction of vegetation within one hundred fifty (150) feet of a building or structure whose construction would require a permit under provisions of the Building Code;
2. The removal or destruction of vegetation by public utilities on rights-of-way or property owned by such utility, or on land providing access to such rights-of-way or property;
3. The removal or destruction of vegetation on publicly owned rights-of-way for roads, highways, flood-control projects or other similar or related uses by authorized agents;
4. The removal or destruction by or for a public agency of vegetation from firebreaks used to control the spread of fire;
5. The removal or reduction of vegetation by the Fire Department, or by a person acting in compliance with a specific order of that department; and
6. Work performed under a grading permit issued under the provisions of the Building Code when the work includes precautionary measures to control erosion and flood hazards during the execution of such work.
C. Approval to Perform Work—Fee Schedule. At the time of submitting the written request for approval, the applicant shall pay to the City Engineer a fee based on the area of land to be cleared of vegetation as follows:
|
Area |
Fee |
|---|---|
|
Not exceeding 10 acres |
$10.00 |
|
More than 10 but not more than 50 acres |
$25.00 |
|
More than 50 but not more than 100 acres |
$50.00 |
|
More than 100 acres |
$50.00 plus $2.50 for each 10 acres or fraction thereof over 100 acres |
D. Approval to Perform Work—Issuance Conditions. The City Engineer shall issue a written approval for all or a portion of the proposed work when they are satisfied that the performance of such work will not result in a flood or erosion hazard to this or other properties, the required fee has been paid and the proposed work conforms with the requirements of other laws or ordinances. In granting any approval under this chapter, the City Engineer may attach such conditions reasonably necessary to prevent a flood or erosion hazard. These conditions may include, but shall not be limited to:
1. A limitation on the time of year when the removal or destruction of vegetation is performed;
2. A requirement that certain protective structures or devices be installed in or adjacent to drainage courses to control downstream transportation of silt or debris;
3. The method to be used in the removal or destruction of vegetation and the sequence of such operation; and
4. A requirement that the area cleared be replanted with approved plants to provide protection against erosion damage.
E. Violation—Penalty. Any person violating any of the provisions of this chapter shall be deemed guilty of a misdemeanor, and each such person shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this chapter is committed, continued or permitted, and upon conviction of any such violation such person shall be punishable by a fine of not more than five hundred dollars ($500.00) or by imprisonment for not more than six (6) months, or by both such fine and imprisonment.
F. Severability—Elimination of Exceptions.
1. If any portion of the ordinance codified in this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
2. Should any exception to the provisions of the ordinance codified in this chapter be held invalid, such exception shall be eliminated from the ordinance. (Ord. 13-8 § 4 (Exh. A), 6/11/13)