Chapter 15.16 GRADING

The city council declares that it is necessary to adopt this chapter to promote the public health and safety, and to protect the value of properties within the city. [Ord. 164 § 1.0, 1980].

15.16.020 Purpose.

A. The purpose of this chapter is to institute minimum excavation standards which will provide a means of meeting the goals of the California Coastal Act. The chapter will offer protection, maintenance, and, where feasible, enhancement and restoration of the overall quality of the coastal zone environment and its natural and manmade resources. The orderly and balanced utilization and conservation of coastal resources is of the utmost importance.

B. Reasonable development of the land is permitted; however, maximum retention of ground cover, minimum alteration of land forms and sound engineering practices are necessary in order to provide protection against flooding, erosion, earth movement, siltation and the resultant property damages. The natural scenic characteristics of the city must also be preserved. [Ord. 164 § 1.1, 1980].

15.16.030 Definitions.

For the purposes of this chapter:

“Aggrieved person” means any person who, in person or through a representative, appears at a public hearing of the city in connection with the decision or action appealed, or who, by other appropriate means prior to a hearing, informs the city of the nature of his concerns or who for good cause is unable to do either. “Aggrieved person” includes the applicant for a permit.

“Excavation” means any act by which earth, sand, gravel, rock or waste material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and the conditions resulting therefrom.

“Fill” means any act which earth, sand, gravel, rock or any other similar material is deposited, relocated, pulled or transported, and shall include the conditions resulting therefrom.

“Grading” means any excavating or filling or a combination thereof. [Ord. 170 § 1, 1980; Ord. 164 § 1.2, 1980].

15.16.040 Permit – Required when.

No person shall grade, excavate or fill without a permit therefor from the city if such grading, excavating, or filling will result in any of the following:

A. An excavation, fill, or combination thereof within the open space or special environment zones as provided in TMC Title 17, or outside of the stable area as indicated in the general plan. This does not include ground cover removal for road and trail maintenance purposes;

B. An excavation, fill or combination thereof in excess of either of the following criteria:

1. One thousand square feet of surface area, including the removal of ground cover; this does not include ground cover removal for agricultural or grading for road and trail maintenance purposes;

2. Fifty cubic yards of material;

C. An excavation or fill within a public sewer, water main, storm drain or power line easement;

D. An excavation or fill which will encroach upon, or alter in any way, a drainage channel, tidal area, watercourse, floodplain or area subject to inundation. This does not include the maintenance of existing ditches. [Ord. 164 § 1.3, 1980].

15.16.050 Separate permits for separate sites.

A separate permit shall be required for each separate noncontiguous site. One permit may cover both an excavation and a fill on the same site. [Ord. 164 § 1.31, 1980].

15.16.060 Permit – Application.

In order to obtain a grading permit as required by this chapter, an applicant shall first supply the city clerk with the following information:

A. A written description of the land on which the proposed work is to be done and a description of the proposed project. This shall include, but not be limited to, the assessor’s parcel number(s) and the purpose of the project;

B. A statement estimating the date for starting and completing the work;

C. The name of the permittee who shall be responsible for the quality of the work and for requesting the required inspections;

D. A legal description of the property on which 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 and address of any person(s) who are to receive excavated material or supply fill material, the name of the person who will haul these materials, and route to be traveled;

H. Plans and specifications including: a contour map having contour intervals of two feet showing the present and proposed contours of the land, lot lines, neighboring public ways, a description of the soil type and classification details and location of proposed and existing drainage structures and piping, benches, walls and cribbing, details, locations and species of planting, plans and schedules for all proposed screening, the location of all trees of over six-inch dbh on the site, identifying those trees which will not be disturbed by the proposed grading, and other information that the city engineer may require in order to carry out the purposes of this chapter. All plans shall bear the name of the person responsible therefor and shall be submitted in quadruplicate. [Ord. 164 § 1.32, 1980].

15.16.070 Permit – Issuance.

A. If, in the opinion of the city engineer, the proposed grading will not adversely affect the drainage or lateral support of other properties in the area, and will not be detrimental to the public health, safety or the general welfare, or is not in conflict with the provisions of this chapter, TMC Title 17 and the general plan, said official shall forward these findings and an approval recommendation to the planning commission.

B. The Trinidad design assistance committee shall make a recommendation to the planning commission as per Chapter 17.60 TMC, prior to action by the planning commission on a grading permit proposal.

C. The planning commission shall schedule a public hearing, as per TMC 15.16.150, after receiving a recommendation from the city engineer. The hearing shall be held no later than the next regularly scheduled planning commission meeting occurring at least 15 working days after the issuance of the city engineer’s recommendations.

D. The planning commission shall either approve, conditionally approve or deny an application for a grading permit, after the close of the public hearing, based upon the staff recommendations, both written and oral public testimony, and a finding of conformance with the Trinidad general plan, this chapter and all city ordinances. Work shall not begin and the grading and coastal development permit (TMC 15.16.100) shall not be issued until the 10-working-day appeal period has elapsed. [Ord. 164 § 1.6, 1980].

15.16.080 Permit – Conditions.

In granting any permit, the planning commission may make such conditions in connection therewith as will, in their opinion, secure substantially the objectives of this chapter. All work will be performed under the provisions of the state contractor’s license provisions contained in Business and Professions Code Chapter 9, Division 3. Such conditions shall include, but shall not be limited to:

A. Limitations on the hours of operation or the period of year in which work may be performed;

B. Restrictions as to the size and type of equipment;

C. Designation of routes upon which materials may be transported;

D. The place and manner of disposal of excavated materials;

E. Requirements as to the laying of dust and tracking of dirt, the prevention of noises and other results offensive or injurious to the neighborhood, the general public or any portion thereof;

F. Designation of maximum or minimum slopes to be used if they vary from those prescribed in this chapter;

G. Regulations as to the use of public streets and places in the course of the work;

H. Regulations as to the degree of compaction of fill material;

I. Requirements as to paving private driveways and roads constructed under the permit;

J. Requirements for safe and adequate drainage of the site;

K. A requirement that approval of the city engineer be secured prior to discontinuing any work. This approval to discontinue work may require that revegetation or maintenance be performed;

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

M. Requirements for fencing of excavation or fills which would be hazardous without such fencing;

N. Restoration of disturbed areas;

O. A requirement that erosion control treatment be administered. [Ord. 164 § 1.7, 1980].

15.16.090 Permit – Fees.

Permit fees shall be established by a resolution of the city council. [Ord. 164 § 1.5, 1980].

15.16.100 Coastal development permit and appeal.

A coastal development permit, as defined in the Coastal Act of 1976, shall be deemed to have been issued by the city upon the granting of a grading permit if such action is not appealed. The granting of the permit shall become effective 10 working days after approval and adoption of findings, unless an appeal is filed with the California Coastal Commission pursuant to Section 30603 of the Coastal Act. All local appeals must first be exhausted. If a valid appeal is filed the city approval shall be of no force and effect until the appeal has been decided by the Coastal Commission. Within five working days of receipt of notice from the Coastal Commission of the filing of a valid appeal, the city clerk shall deliver to the Commission staff all relevant documents and materials used by the planning commission and city council in their deliberations. [Ord. 164 § 2.3, 1980].

15.16.110 Permit – Revocation.

A. In the event that the permittee shall violate the terms of the grading permit as issued pursuant to this chapter, or shall conduct or carry on grading in such a manner as to affect adversely the health, welfare or safety of persons residing or working in the vicinity of the work site, or shall conduct or carry on grading so that the grading is materially detrimental to the public welfare or injurious to property or improvements in the neighborhood, the city engineer or planning commission may revoke or suspend such grading permit temporarily. This revocation may be initiated by a citizen complaint and the suspension may be immediate if deemed necessary by the city engineer.

B. No grading permit shall be permanently revoked until a hearing is held by the planning commission. Written notice of such hearing shall be served upon the permittee, either personally or by registered mail, and shall state the following:

1. The grounds for the revocation or suspension;

2. The time and place when such hearing is to be held.

C. At any such hearing the permittee or member of the general public shall be given the opportunity to be heard and/or defend himself, and may call witnesses and present evidence in his behalf. Upon conclusion of such hearing the planning commission shall determine whether or not the permit shall be suspended or revoked.

D. The permittee may appeal the decision of the planning commission to the city council as provided for in TMC 15.16.130(B). [Ord. 164 § 2.4, 1980].

15.16.120 Permit – Expiration.

Every grading permit shall expire by limitation and become null and void if the work authorized has not been commenced within 90 days or is not completed within one year from the date of issue; except that the city engineer, if the permit holder presents satisfactory evidence that unusual difficulties have prevented work from being started or completed within the specified time limits, may grant a reasonable extension of time on such permit; provided, that the application for the extension is made before the date of expiration of the permit. The permit shall expire after a period of two years regardless of extensions requested. [Ord. 164 § 2.2, 1980].

15.16.130 Permit – Appeals.

A. Any applicant for a grading permit, person or agency aggrieved by a determination of the city engineer may appeal such determination to the planning commission by filing a written appeal with the city clerk within 10 working days after the permit determination.

B. Any person or agency aggrieved by a permit determination of the planning commission may appeal to the city council within 10 working days from the date of such determination by filing a written appeal with the city clerk. [Ord. 164 § 2.0, 1980].

15.16.140 Permit – Planning commission, city council action on appeals.

Both the planning commission and city council shall, upon receiving notice of appeal, schedule a hearing at the next regular monthly meeting occurring at least 15 working days after the date the appeal is received by the city clerk. This hearing shall be noticed as per TMC 15.16.150. The planning commission and city council shall either sustain, modify, or reject the action of the city engineer or planning commission within seven calendar days of the appeal hearing, based upon staff recommendations, both written and oral public testimony, and a finding of conformance with the Trinidad general plan and this chapter and all city ordinances. Action by the city council on an appeal shall be final except where the subject property is located within the area where coastal development permits may be appealed to the State Coastal Commission pursuant to Section 30603 of the California Coastal Act. In such cases the provision of TMC 15.16.100 shall apply. [Ord. 164 § 2.1, 1980].

15.16.150 Public notice.

For public hearings held pursuant to this chapter, the following notification method shall be required:

A. The applicant shall furnish to the city clerk one stamped envelope addressed to the owner of each parcel within 100 feet from each boundary of the subject property. The envelopes may be addressed to “owner” at the mailing address of the parcel as ascertained from the records of the county assessor. The city clerk shall use the envelopes to mail notice of the time, place and purpose of the hearing at least 10 working days before the date of the hearing. The notice shall include a copy of the application showing the file number, the date, time and place at which the application will be heard, and an explanation of the general procedure of the city concerning hearings and action on applications. In addition to mailing notice to all those for whom envelopes have been provided, the city clerk shall provide notice to the applicant and to all persons known or thought by the clerk to have a particular interest in the application, including the Coastal Commission. The applicant shall also be responsible for the notification of those persons residing within 100 feet of the proposed development.

B. At the time the application is submitted to the clerk the applicant must post, at a conspicuous place, easily read by the public and as close as possible to the subject property, notice that an application has been submitted to the city. The city shall furnish the applicant with a standardized form to be used for such posting. If the applicant fails to so post the completed notice form and sign the declaration of posting no less than 10 working days prior to the hearing, or if it is determined that the application is incomplete, the city clerk shall withdraw the application from consideration and shall not mail out the hearing notices.

C. For actions initiated by the planning commission or city council the city clerk shall provide notice as prescribed above and shall publish in a newspaper of general circulation in the city, at least 10 working days prior to the hearing, one notice of the time, place and purpose of the public hearing; provided, however, that if the size of the subject area would require mailing notice to more than 50 property owners such notice may be inserted in the water bill mailing. The city clerk shall place in the file a written declaration of the means of notification used and certification of the date notification was mailed, posted or published. Other means of notification, in addition to that required herein, may be used by the planning commission if deemed advisable. [Ord. 164 § 1.8, 1980].

15.16.160 Inspections.

A. The city engineer shall, when requested by the permittee, cause the following inspections to be made. Requests for inspections shall be made at least 72 hours in advance of the day intended for inspection. The city engineer may also conduct inspections at his own discretion.

B. Initial Inspection. The permittee shall request an initial inspection whenever the work on the grading, excavation, or fill is ready to begin.

C. Clearance of Site. The permittee shall request an inspection when all clearing and grubbing has been completed and all the materials have been removed from the site.

D. Special Structures. The permittee shall request an inspection when retaining and/or crib walls are to be installed. The request must be made after excavations are made and reinforcing steel is in place but prior to the pouring of concrete.

E. Final Inspection. The permittee shall request a final inspection when all work, including the installation of all drainage structures and other protective devices, has been completed.

F. Upon receiving an inspection request the city engineer shall promptly inspect the work and either approve the same or notify the permittee that there has been a failure to comply with the requirements of this chapter. Any portion of the work which does not comply shall be corrected by the permittee within a time limit specified by the city engineer. [Ord. 164 § 2.5, 1980].

15.16.170 Safety precautions.

If, at any stage of work being undertaken as authorized by a grading permit issued pursuant to this chapter, the city engineer determines by inspection that the nature of the ground formation is such that further work is likely to endanger any property, persons, 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 deems necessary to avoid the likelihood of danger. [Ord. 164 § 2.51, 1980].

15.16.180 Soils investigation.

A. The city engineer may request that a soils engineering investigation be made by a California registered soils engineer, with expertise in soils or foundation engineering based on the plan for work proposed under the permit. Such reports shall include data regarding the nature, distribution and strength of existing soils, conclusions and recommendations for grading procedures and design criteria for corrective measures. A soils engineering report shall be required in any area designated as unstable, of questionable stability or clayey soils in the Trinidad general plan and may be required elsewhere.

B. Recommendations included in the report and approved by the city engineer shall be conditions of the grading permit. [Ord. 164 § 1.33, 1980].

15.16.190 Geologic investigation.

The city engineer may request that an engineering geological investigation be prepared by a registered California geologist, or engineering geologist, based on the plan for work proposed under this permit. Such an engineering geological investigation shall be required in any area designated as unstable, of questionable stability, or clayey soils in the Trinidad general plan, and may be required elsewhere. The engineering geological report shall include an adequate description of the geology of the site, and conclusions and recommendations regarding the effect of geologic conditions, including consideration of seismic hazards and slope stability in natural materials within the proposed developments. All reports shall be subject to approval by the city engineer and supplemental reports and data may be required as he may deem necessary. Recommendations included in the report and approved by the city engineer shall be incorporated into the grading plan. [Ord. 164 § 1.34, 1980].

15.16.200 Removal of spills.

A. No person shall dump, spill, or cause to be placed any excavated material on public or private property without the express written consent of the owner of such premises.

B. If subsection (A) of this section is violated, the permittee shall cause the excavated material to be removed from the public or private property within 36 hours. In the event that it is not so removed, the city engineer shall cause such removal and the cost shall be borne by the permittee. Correction of damage resulting from the placement of unauthorized fill shall also be borne by the permittee. [Ord. 164 § 1.4, 1980].

15.16.210 Grading specifications.

A. All grading within 1,000 feet of any residential occupancy, hotel or motel shall be carried on between the hours of 8:00 a.m. and 5:30 p.m., unless other hours are specified by the city engineer.

B. All graded surfaces shall be wetted, protected, or contained in such a manner as to prevent a nuisance from dust or spillage. Equipment and materials on the site should be used in such a manner as to avoid excessive dust and noise.

C. Riparian habitats shall be preserved.

D. All exposed excavations and fills shall receive adequate erosion control treatment.

E. All graded sites shall be developed so as to provide control of storm and surface waters. Adequate provisions shall be made to prevent any storm or surface waters from damaging the face of an excavation or the sloping face of a fill. All drainage provisions shall be subject to the approval of the city engineer, and subdrainage may be required where deemed necessary. All drainage provisions shall be of such a design so as to carry or direct storm and surface waters to the nearest practical street, storm drain, or natural watercourse, approved by the city engineer. [Ord. 164 § 2.8, 1980].

15.16.220 Excavations.

A. No permanent excavation shall be made with a face steeper in slope than one and one-half horizontal to one vertical, unless a retaining wall or other approved support is provided. The city engineer may, upon request, permit deviations from the standards set forth in this subsection (A), if the deviations do not conflict with the purposes of this chapter. The permittee shall first furnish the city engineer with a written opinion of a certified California soils engineer or engineering geologist certifying that he has investigated the site and that the proposed deviations will not endanger any persons or property.

B. Any excavation shall be located one-half its vertical height but not less than 10 feet from adjacent properties. Request for a waiver of this requirement may be made to the city engineer by presentation of detailed plans along with a written opinion of a certified California soils engineer or engineering geologist to support justification for such a waiver. The city engineer shall have the authority to grant such waiver.

C. The tops of excavation slopes and the ends of excavations shall be rounded as required by the city engineer.

D. The city engineer may require that an excavation face be flatter than one and one-half horizontal to one vertical in order to fulfill the purposes of this chapter. [Ord. 164 § 2.1, 1980].

15.16.230 Fills.

A. No fill shall be made which creates an exposed surface steeper than one and one-half horizontal to one vertical. The city engineer may, upon request, permit deviations from this standard which do not conflict with the purposes of this chapter; provided, that the permittee provides a written statement from a certified California soils engineer or engineering geologist certifying that he has investigated the site and that the proposed deviations will not endanger any persons or property.

B. The edge of a filled slope shall be located at least one-half the vertical height of the fill, but not less than 10 feet from adjacent properties. Request for a waiver of this requirement may be made to the city engineer by presentation of detailed plans along with a written opinion of a certified California soils engineer or engineering geologist to support justification for such a waiver. The city engineer shall have the authority to grant such a waiver.

C. The city engineer may require a flatter fill surface than one and one-half horizontal to one vertical if deemed necessary in order to fulfill the purposes of this chapter.

D. The area to be filled must be first cleared of all trash, brush, trees, stumps, timber or any other debris and shall be scarified.

E. The city engineer must approve fill materials.

F. All exposed fills shall be protected from erosion immediately upon completion of work. Landscaping or any other erosion-control device deemed necessary by the city engineer shall be installed by the applicant.

G. Fill slopes shall be compacted as necessary for safety, to prevent saturation, adverse settlement, slipping or erosion. The city engineer shall specify the compaction standards required and may require a written report from a certified California civil or soils engineer certifying the results of compaction tests. If the fill is to support buildings or roadways, the city engineer may require the report to include recommendations on bearing standards. [Ord. 164 § 2.82, 1980].

15.16.240 Terraces.

All excavated and filled slopes shall have protected drainage terraces at intervals as specified by the city engineer. Drainage terraces are to be a minimum of four feet wide and must carry water to a suitable disposal area. The city engineer may waive this requirement if drainage is adequately treated by other satisfactory methods. [Ord. 164 § 2.83, 1980].

15.16.250 Existing fills and excavations.

Whenever the city engineer determines that an existing fill or excavation warrants either protection or removal due to endangerment of persons or public or private property, he shall give written notice to the owner of such property. The owner shall file for a grading permit within 45 days and all procedures required by this chapter shall be complied with in repairing the property. [Ord. 164 § 2.84, 1980].

15.16.260 Certificate of completion.

A. If the city engineer finds upon final inspection that the work authorized by the grading permit has been satisfactorily completed in accordance with the requirements of this chapter, a certificate of completion shall be issued to the permittee.

B. The certificate of completion shall state that the work has been inspected and approved by the city engineer and that the work is complete. [Ord. 164 § 2.9, 1980].

15.16.270 Certificate of completion – Revocation.

A. The city engineer shall have the power to revoke any certificate of completion if he finds that the work covered by the certificate has been materially extended or altered without a permit to do so, or that retaining walls, cribbing, drainage structures or other protective devices or any planting, as shown on the approved plans and specifications submitted with the permit application, have not been satisfactorily maintained.

B. Before such revocation, the city shall give written notice to the owner of the property involved, specifying the problem and stating that unless the defective condition is remedied, the certificate of completion shall be revoked. If the defective condition is remedied, the certificate shall not be revoked. The city engineer shall specify a time limit within which the corrective action must be completed. [Ord. 164 § 3.0, 1980].

15.16.280 Liability.

Failure of the city engineer to observe or recognize hazardous conditions or failure of the planning commission or city council 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 conditions or damages resulting therefrom. [Ord. 164 § 1.9, 1980].

15.16.290 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, then the city engineer may, before issuing the permit, require that the applicant for a permit file a certificate showing that he is insured against claims for damages for personal injury as well as claims for property damage, including damage to the city by deposit or washing of material onto city streets or other public improvements, which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor 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. Any such insurance shall be written by a company which meets with the approval of the city and shall ensure the city, its officers, agents and employees against loss or liability which may arise during the performance of, or which may result from, any work herein required to be done. [Ord. 164 § 2.7, 1980].

15.16.300 Bond – Required.

If, 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 may, before issuing the permit, require a cash bond or surety bond in a form satisfactory to him and approved by the city attorney, in the sum of 100 percent of the estimated cost of the work conditioned upon the faithful performance of the work specified in the permit within the time specified by the city engineer. Such bond shall obligate the principal, his executors, administrators, successors and assigns, jointly and severally, with the surety, and shall insure to the benefit of the city, its officers, employees, and to any person aggrieved by the principal’s failure to comply with the conditions thereof. Such bond shall further provide that it will not be cancelled or terminated until at least 10 days’ notice thereof has been filed with the city clerk. [Ord. 164 § 2.6(a), 1980].

15.16.310 Bond – Notice of default.

Whenever the city engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. 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 the work. [Ord. 164 § 2.6(b), 1980].

15.16.320 Bond – Term – Completion.

The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the city engineer of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the principal upon request. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used. [Ord. 164 § 2.6(g), 1980].

15.16.330 Duty of surety.

After receipt of such notice the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the city engineer the estimated cost of doing the work as set forth in the notice, plus an additional sum equal to 10 percent of the estimated cost, but not to exceed the principal sum of the bond. Upon the receipts of such moneys, 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 therefor. The balance, if any, of such bond funds shall, upon completion of the work, be returned to the surety, after deducting the cost of the work plus 10 percent thereof. [Ord. 164 § 2.6(c), 1980].

15.16.340 Disposition of cash bond.

If a cash bond has been posted, notice of default, as provided by TMC 15.16.330, shall be given to the principal, and if compliance is not had within the time specified, the city engineer shall proceed without delay and without further notice or proceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the city engineer. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus 10 percent thereof. [Ord. 164 § 2.6(d), 1980].

15.16.350 Right of entry.

In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on his behalf shall have the right to go upon the premises to complete the required work or make it safe. [Ord. 164 § 2.6(e), 1980].

15.16.360 Interference prohibited.

No person shall interfere with or obstruct the ingress or egress to or from any such premises by an authorized representative or agent of any surety or of the city engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof. [Ord. 164 § 2.6(f), 1980].

15.16.370 Violation – Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provisions of this chapter shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than $500.00 or by imprisonment in the county jail of the county of Humboldt for a term of not exceeding five months, or both. Such person, firm or corporation shall be deemed to be guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued or permitted by such person, firm or corporation, and shall be punishable as herein provided. [Ord. 164 § 3.2, 1980].