§ 15.12.010. General provisions.

(a)

Scope. The provisions of this chapter apply to grading, excavation and earthwork construction, including fills and embankments and the control of grading site runoff, including erosion sediments and construction-related pollutants. The purpose of this chapter is to safeguard life, limb, property, and the public welfare by regulating grading on private property.

(b)

Flood hazard areas. The provisions of this chapter shall not apply to grading, excavation and earthwork construction, including fills and embankments, in floodways within flood hazard areas established or in flood hazard areas where design flood elevations are specified but floodways have not been designated, unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practice that the proposed work will not result in any increase in the level of the base flood.

(c)

General hazards. Whenever the building official determines that any existing excavation or embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the building official shall within the period specified therein repair or eliminate such excavation or embankment to eliminate the hazard and to be in conformance with the requirements of this Code.

(d)

Safety precautions. If at any stage of the work the building official 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 building official 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 immediately stop such work. The building official may authorize the work to proceed if the building official finds adequate safety precautions can be taken or corrective measures incorporated in the work to avoid the likelihood of such danger, deposition or interference. If the grading work as done has created or resulted in a hazardous condition, the building official shall give written notice requiring correction thereof as specified in section 15.12.050.

(e)

Protection of utilities. The owner of any property on which grading has been performed and that requires a grading permit under section 15.12.030 shall be responsible for the prevention of damage to any public utilities or services.

(f)

Protection of adjacent property. The owner of any property on which grading has been performed and that requires a grading permit under section 15.12.030 is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without supporting and protecting such property from settling, cracking or other damage that might result. Special precautions approved by the building official shall be made to prevent imported or exported materials from being deposited on the adjacent public way and/or drainage courses.

(g)

Stormwater control measures. The owner of any property on which grading has been performed and that requires a grading permit under section 15.12.030 shall put into effect and maintain all precautionary measures necessary to protect adjacent watercourses and public or private property from damage by erosion, flooding, and deposition of mud, debris, and construction-related pollutants originating from the site during grading and related construction activities.

(h)

Maintenance of private devices. The owner of any property on which grading has been performed pursuant to a permit issued under the provisions of this Code, or any other person or agent in control of such property, shall maintain in good condition and repair all drainage structures and other protective devices when they are shown on the grading plans filed with the application for grading permit and approved as a condition precedent to the issuance of such permit.

(i)

Conditions of approval. In granting any permit under this Code, the building official may include such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

(1)

Improvement of any existing grading to comply with the standards of this Code;

(2)

Requirements for fencing of excavations or fills which would otherwise be hazardous.

(Code 1969, § 15.12.010; Ord. No. 870-2010, § 2, 1-18-2011; Ord. No. 925-2014, § 2, 7-21-2014)