HomeMy WebLinkAbout1986 - Amending Chapter 16.40 of the Redding Municipal Code Pertaining to Cleraing, Grading, Files and Excavation ORDINANCE NO. R86
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDDING
AMENDING CHAPTER 16 . 40 OF THE REDDING MUNICIPAL CODE
PERTAINING TO CLEARING, GRADING, FILLS AND EXCAVATION.
The City Council of the City of Redding does hereby ordain as
follows:
Section 1. Chapter 16. 40 of the Redding Municipal Code is
hereby amended by repealing Chapter 16 . 40 in its entirety and
substituting therefor a new Chapter 16. 40 as follows:
Chapter 16. 40
CLEARING, GRADING, FILLS AND EXCAVATION
Sections:
16. 40. 010 Purpose
16.40 . 020 Scope
16.40. 030 Exemptions
16 .40. 040 Definitions
16. 40. 050 Permit--Required
16. 40. 060 Permit--Application
16. 40. 070 Permit--Fees
16 . 40. 080 Permit--Environmental Consideration
16. 40. 090 Permit--Hearing
16 . 40. 100 Permit--Denial Grounds
16 . 40. 110 Permit--Appeal
16 . 40. 120 Permit--Issuance--Conditions--Revocation
16. 40. 130 Securities
16. 40. 140 Design Standards--Cuts, Fills, Drainage, and
Erosion Control
16. 40. 170 Excavations
16. 40. 180 Planting
16. 40. 190 Inspection and Supervision
16. 40. 200 Modifications
16. 40. 210 Inspecting Officials
16. 40. 220 Safety
16. 40. 230 Completion of Work �J
16 . 40 . 240 Protective Device Maintenance
16. 40. 250 Hauling
16. 40. 260 Grading Violations l'
16. 40. 270 Nuisance
16. 40. 280 Penalties and Remedies
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16. 40. 010 Purpose.
The purpose of this chapter is to safeguard life, health,
property, the environment, and the public welfare by establishing
minimum requirements for grading, clearing, and erosion control.
16. 40. 020 Scope.
A. This chapter sets forth rules and regulations to control
clearing and grading, the prevention of erosion and other
environmental damage, establishes administrative procedures
for issuance and enforcement of permits and provides for the
approval of plans and inspection of grading and erosion
control operations.
B. The provisions of this chapter shall not be construed as
waiving any requirements imposed by state, federal, or other
local statutes or regulations or other provisions of this
Code.
16. 40. 030 Exemptions.
The provisions of this chapter shall not apply to:
A. Work accomplished upon land owned and controlled by the United
States of America or by the State and which is performed
pursuant to a public program of some agency thereof;
B. Any excavation, removal, fill or deposit of any earth or other
materials within a property which is dedicated or used or to
be used for cemetery purposes; provided that such work is
performed for burying the dead and does not affect the lateral
support or increase the stresses in or pressure upon any
adjacent or contiguous property not owned by the cemetery
authority;
C. Any grading operation which is conducted during a period of
civil emergency or natural disaster and which is directly
connected with or related to relief of conditions caused by
such emergency or disaster;
D. The depositing of rubbish or other material at any reclamation
or rubbish disposal site operated by the City and grading work
performed as part of such operation;
E. Any work done in City streets, sidewalks, alleys, parkways or
easements by the City or pursuant to an encroachment permit
issued under provisions of this Code; or
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F. Excavations for utilities installed pursuant to permits issued
by the Building Department.
G. Reconstruction of paved parking lots that do not alter the
existing drainage pattern.
H. Grading, clearing, and the placement of topsoil for land-
scaping purposes on a developed single-family residential
parcel which is less than one ( 1) acre, except as otherwise
regulated by Chapter 13 . 40, "Trees and Shrubs. "
16 . 40. 040 Definitions.
As used in this chapter, unless the context otherwise clearly
indicates:
A. "Abandon" means not actively working on the project and unable
to be contacted, or is unwilling to return to the project
after reasonable notice.
B. "Architect" means a professional Architect licensed by the
State pursuant to Chapter 3 of Division 3 of the Business and
Professions Code.
C. "As-graded" means the surface conditions existing on
completion of grading.
D. "Bench" means a relatively level step excavated into earth
material on which fill is to be placed.
E. "Best Management Practices" is a technique or series of
techniques which, when used in an erosion control plan, is
proven to be effective in controlling construction-related
runoff, erosion, and sedimentation.
F. "Board" shall mean the State Board of Registration for
Professional Engineers and Land Surveyors.
G. "Borrow" is earth material acquired from an off-site location
for use in grading on a site.
H. "Civil engineer" means a professional Engineer registered by
the State to practice in the field of Civil Engineering.
I . "Clearing" means the removal or destruction of vegetation or
trees.
J. "Code" shall mean the Redding Municipal Code.
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411 410.
K. "Compaction" means the densification of a fill by mechanical
means.
L. "Declaration" shall mean a written statement expressing the
professional opinion of the Civil Engineer, Soils Engineer or
Engineering Geologist for that portion of the grading work
under their control.
M. "Earth material" means any rock, natural soil or fill and/or
any combination thereof.
N. "Engineering geologist" means a Geologist registered by the
State as a Certified Engineering Geologist experienced and
knowledgeable in Engineering Geology.
0. "Erosion" means the wearing away of the ground surface as a
result of the movement of wind, water and/or ice.
P. "Excavation" means any act by which earth material is cut
into, dug, removed, displaced or relocated and shall include
the conditions resulting therefrom.
Q. "Existing grade" means the grade prior to the proposed
grading.
R. "Fill" means any act by which earth material is deposited and
includes the condition resulting therefrom.
S. "Final Erosion and Sediment Control Plan (Final Plan) " means
a set of best management practices or equivalent 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.
T. "Finish grade" means the final grade of the site which
conforms to the approved plan.
U. "Grade" means the vertical location ofthe ground surface.
V. "Grading" means any excavation or fill or combination thereof
and shall include the conditions resulting from any excavation
or fill.
W. "Interim Erosion and Sediment Control Plan (Interim Plan) "
means a set of best management practices or equivalent
measures designed to control surface runoff and erosion and to
retain sediment on a particular site during the period in
which pre-construction and construction-related land
disturbances, fills and soil storage occur, and before final
improvements are completed.
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X. "Key" means a designed compacted fill placed in a trench
excavated in existing earth or previously graded material
beneath the toe of a proposed fill slope.
Y. "Property Owner" as used in this chapter means the owner of
the fee title or leasehold interest in real property who has
the present rights to possession and control of the property.
Z. "Reasonable Notice" means written, telephone, or verbal and
includes attempts to notify by mail or telephone, even if
actual contact was not made.
AA. "Rough grade" means the stage at which the grade approximately
conforms to the approved plan.
AB. "Site" means one or more contiguous lots or parcels of land
under the same ownership, whether or not separated by a street
or streets.
AC. "Slope" means an inclined ground surface, the inclination of
which is expressed as a ratio of horizontal distance to
vertical distance, i.e. , commonly expressed as two to one, one
and one-half to one, etc.
AD. "Soil" means the naturally occurring superficial deposits
overlaying bedrock or hardpan.
AE. "Soils Engineer" means a Civil Engineer registered by the
State who has been found qualified as a Soils Engineer
according to the rules and regulations established therefor by
the Board.
AF. "Terrace" means a relatively level step constructed in the
face of a graded slope surface for drainage and maintenance
purposes.
AG. "Tree" means any plant which has a trunk six inches or greater
in diameter at four feet above the ground.
AH. Vegetation" means all plants less than six inches in diameter
at four feet above the ground, underbrush, weeds, grasses,
shrubs, plants, etc.
AI . "Watercourse" means any well-defined channel with
distinguishable bed and bank showing evidence of having
contained flowing water indicated by deposit of rock, sand,
gravel, or soil, including, but not limited to, streams as
defined in Public Resources Section 4528 (f) . "Watercourse"
also includes man-made watercourses.
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16. 40 . 050 Permit--Required.
A. Except as otherwise provided in § 16. 40. 030 and this section,
no person shall commence or perform any clearing or grading
and no person shall export or import any earth materials to or
from any site unless pursuant to a written permit from the
office of the Public Works Director. The permit shall be in
the name of the Property Owner. A separate permit shall be
required for each site but may include the entire operation at
such site. When grading is to be done within 50 feet of a
seasonal watercourse or in the 100-year flood plain of a
stream, creek or river, a permit shall be required in all
cases.
B. Exceptions.
Permits shall not be required in the following instances:
1 . An excavation which:
a. does not exceed 100 cubic yards of earth material
on parcels less than 20, 000 square feet or 250
cubic yards of earth material on parcels 20,000
square feet or larger; and
b. does not exceed two feet in vertical depth at its
deepest point measured from the original ground
surface; and
c. does not create a cut slope greater than four feet
in height and steeper than two horizontal to one
vertical; and
d. does not change the existing drainage pattern.
2. A fill that does not:
a. exceed 50 cubic yards of earth material; and
b. is not intended to support structures; and
c. is less than three feet in vertical depth and is
placed on natural terrain with a slope flatter than
five horizontal to one vertical; and
d. does not change the existing drainage pattern.
3 . An excavation below finished grade for basements and
footings of a building or for a swimming pool, retaining
wall or other structure authorized by a valid building
permit. This shall not exempt any fill made with earth
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material from such excavation nor exempt any excavation
having an unsupported height greater than four feet after
the completion of such structure.
4 . Clearing at a single site, provided that the total area
cleared does not exceed one ( 1 ) acre and is not in
violation of any other applicable ordinance.
5 . Clearing for agricultural purposes on land within a
special agricultural combining district as set forth in
this Code.
6. Clearing of vegetation as required by the Fire Marshal
for abatement of a nuisance, to provide safety around
structures, or to suppress a fire.
7. Clearing or grading for any project by or under contract
with the City or county.
16. 40. 060 Permit--Applications.
Applications for permits required by this chapter shall be
made in writing and filed with the Public Works Director. Such
applications shall include or be accompanied by the following:
A. Plans, Specifications, Soils Reports, and Interim and Final
Erosion and Sediment Control Plans.
1. Two sets of grading plans and specifications prepared and
designed by a Civil Engineer, or a licensed Architect,
when prepared in conjunction with building design and an
application for a building permit, shall be submitted,
together with such supporting data as may be necessary to
comply with the provisions of this section. The scale of
the grading plans shall not be more than one inch
equalling 50 feet, nor less than one inch equalling 20
feet. The scale of details or sections shall not be less
than one inch equalling one foot.
2 . The Public Works Director may waive the requirements for
scale plans or drawings if it is found that the
information on the application is sufficient to show that
the work will conform to the provisions of this chapter.
3 . The Public Works Director may waive the requirement that
plans and specifications be prepared by a Civil Engineer
or licensed Architect when the total quantity of
excavation or fill does not exceed 5000 cubic yards and
the site is not to be used to support a structure and the
Property Owner on whose land the work is to be done will
be in charge of the work and the Public Works Director
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finds that the work to be performed does not affect the
health or safety of the public or the employees of the
Property Owner.
4 . For any project which disturbs more than five ( 5 ) acres ,
or where the Public Works Director determines that a
project may adversely impact a watercourse, the interim
and final plans shall be prepared by a registered civil
engineer experienced in erosion control, a certified
professional soil erosion and sediment control
specialist, or a soil scientist certified by the American
Registry of Certified Professionals in Agronomy Crops and
Soils.
5 . Engineering Geological Report.
The Public Works Director, after a visual site
investigation, may require an engineering geological
report based upon the grading plans. The engineering
geological report shall be prepared and signed by an
Engineering Geologist and shall include a description of
the geology of the site, conclusions and recommendations
regarding the effect of geological conditions on the
proposed development and a geologic map of sufficient
detail as to portray the existing field condition.
Recommendations included in the report and approved by
the Public Works Director shall be incorporated into the
grading plans.
6. Soil Engineering Report.
Unless it is found to be unnecessary after a visual site
investigation by the Public Works Director, a soils
engineering report shall be submitted based upon the
grading plans. Such report shall be prepared by a Civil
Engineer or a Soils Engineer and shall include data
regarding the nature, distribution and strength of
existing soils, conclusions and recommendations for
grading procedures , design criteria for corrective
measures or other criteria as may be necessary.
Recommendations included in the report and approved by
the Public Works Director shall be incorporated into the
grading plans or specifications.
B. Plans and Specifications--Clearing.
1 . If the ground to be cleared will also be graded, filled,
or excavated, then the plans and specifications provided
pursuant to paragraph A shall be sufficient for clearing.
2 . If the ground is to be cleared only, then plans and
specifications equivalent to the requirements of
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paragraph A. 1. shall be submitted, unless after visual
site inspection the Public Works Director finds that the
work to be performed will not endanger health or safety
of the public or endanger property through erosion,
siltation, or drainage.
C. Interim Erosion and Sediment Control Plan (Interim Plan) . All
the following information shall be provided with respect to
conditions existing on the site during land-disturbing or
filling activities or soil storage:
1 . Maximum surface runoff from the site shall be calculated
using a method approved by the Public Works Director.
2. The interim plan shall also contain the following
information, when applicable:
a. A delineation and brief description of the measures
to be undertaken to retain sediment on the site,
including, but not limited to, the designs and
specifications for sediment detention basins and
traps, and a schedule for their maintenance and
upkeep;
b. A delineation and brief description of the surface
runoff and erosion control measures to be
implemented, including, but not limited to, types
and method of applying mulches, and designs and
specifications for diverters, dikes and drains, and
a schedule for their installation, maintenance, and
upkeep;
c. A delineation and brief description of the
vegetative measures to be used, including, but not
limited to, types of seeds and fertilizer and their
application rates, the type, location, and extent
of pre-existing and undisturbed vegetation types,
and a schedule for installation, maintenance, and
upkeep.
3 . The location and detail of all the measures listed by the
applicant under subsection 2 above shall be depicted on
the grading plan or on a separate plan at the discretion
of the Public Works Director.
4. An estimate of the cost of implementing and maintaining
all interim erosion and sediment control measures must be
submitted in a form acceptable to the Public Works
Director.
5. The applicant may propose the use of any erosion and
sediment control techniques in the interim plan, provided
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such techniques are proven to be as or more effective
than the equivalent best management practices contained
in the Public Works Construction Standards.
D. Final Erosion and Sediment Control Plan (Final Plan. All the
following information shall be provided with respect to
conditions existing on the site after final structures and
improvements (except those required under this section) have
been completed and where these final structures have not been
covered by an interim plan.
1. Maximum runoff from the site shall be calculated using a
method approved by the Public Works Director.
2 . The final plan shall also contain the following
information, when applicable:
a. A description of and specifications for sediment
retention devices;
b. A description of and specifications for surface
runoff and erosion control devices;
c. A description of vegetative measures;
d. A graphic representation and detail of the location
of all items in subsections a, b, and c above.
e. A schedule of maintenance and upkeep of the final
plan.
3 . An estimate of the costs of implementing all final
erosion and sediment control measures must be submitted
in a form acceptable to the Public Works Director.
4. The applicant may propose the use of any erosion and
sediment control techniques in the final plan, provided
such techniques are proven to be as or more effective
than the equivalent best management practices contained
in the Public Works Construction Standards.
E. Other Information.
The application and/or plans shall also include the following:
1. A vicinity sketch or other data adequately indicating the
site location.
2. The legal description and street address of the property
on which the work is to be performed and the name and
address of the owner.
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3 . The estimated cost of the work.
4. Property lines and dimensions and bearings of the
property on which the work is to be performed.
5. Limits of cuts and fills.
6 . Location of any buildings, structures, easements,
utilities, and drainage channels on the property where
the work is to be performed and the location of any
building or structure on land of adjacent property owners
which are within 25 feet of the property boundary.
7. Contours showing the topography of the existing ground.
Contour intervals shall be consistent with the existing
terrain and shall be accurate to accepted mapping
standards for the map scale. Contours shall extend past
the boundary lines of any project where unusual
topography exists adjacent to a site, i.e. , natural
watercourses, etc. ; the contours shall be extended to
include the same.
8. Elevations, dimensions, location, extent and the slopes
of all proposed grading shown by contours and other
means.
9. The quantity of excavation and fill involved and
estimated starting and completion dates.
10 . Source of material to be used for fill or location to
which excavated material will be removed or both.
11 . Proposed routes for hauling material, hours of work and
method of controlling dust.
12 . Detailed plans of all drainage devices, walls, cribbing,
dams or other protective devices to be constructed in
connection with or as a part of the proposed work,
together with a map showing the drainage area and
calculated runoff of the area served by the drains,
subdrain location and approximate length.
13 . Any additional plans, drawings, calculations, or title
reports the Public Works Director may require because of
special characteristics found to exist upon the grading
site.
14. Contour maps submitted pursuant to this subsection shall
bear the name of the person responsible therefor and the
date they were made.
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15. For an application for clearing only, any of the above-
numbered items may be omitted if the Public Works
Director finds that the information on the application is
sufficient to show that the work will conform to the
provisions of this chapter.
16. The quantity of acreage of land to be cleared.
17. A description of the vegetation to be cleared.
18. The application shall be signed by the Property Owner.
19. The name and address of the contractor who will be in
charge or control of the work.
F. Revised Plans and Specifications.
If the soil, vegetation, or other conditions are not as stated
in the application for a permit, the Public Works Director may
require the submission of revised plans and specifications.
16. 40. 070 Permit--Fees.
Each application for a clearing or grading permit or appeal of
any action or decision of the Public Works Director or hearing body
shall be accompanied by a processing fee. The amount of the
processing fee shall be as established by the City Council by
Resolution.
16. 40. 080 Permit--Environmental Consideration.
The Public Works Director shall refer each application for a
grading permit to the Director of Planning and Community
Development. If the Director of Planning and Community Development
determines that the grading is not categorically exempt from the
provisions of CEQA, then an initial study shall be prepared .
After preparation of an initial study, the environmental review
process shall be conducted as required in Chapter 18. 64 of the
Redding Municipal Code. The Board of Administrative Review shall
conduct any necessary public meetings or hearings unless referred
to the Planning Commission by the Board of Administrative Review.
When a permit is categorically exempt, the Director of Planning and
Community Development shall report in writing to the Public Works
Director on any aspect of the proposed grading that reflects to or
affects the General Plan or any elements thereof, or any zoning
regulation of the City.
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16. 40. 090 Permit--Hearing.
A. Notice of Hearing.
The Director of Planning and Community Development shall set
a date for a hearing to be held in accordance with State laws
applicable to local legislative bodies and commissions in
relation to notice of public meetings when the grading or
clearing is to be done on a site which:
1. is intended to be subdivided, or a parcel map or
tentative subdivision map has been approved, or
2. involves 5, 000 cubic yards or more of excavation or fill,
or
3 . involves clearing of five ( 5) acres or more, or
4. an EIR has been prepared pursuant to the requirements of
this chapter,
unless a tentative grading or clearing plan has been approved
as part of a discretionary action which required a hearing.
When it has been determined by the Public Works Director that
substantial changes in a previously approved grading or
clearing plan for a tentative map or other discretionary
action has occurred, a rehearing may be required.
Whenever the grading involves less than 5,000 cubic yards of
excavation or fill, or involves less than five ( 5) acres of
clearing, and the Public Works Director determines that the
work may affect the property, surrounding property, or the
public welfare in a significant way, he may, at his
discretion, require the Director of Planning and Community
Development to set a date for a hearing thereon.
B. Hearing.
The hearing shall be conducted by the Board of Administrative
Review as set forth in this Code. The hearing may be
continued from time to time as circumstances may require.
Notice of the hearing shall be given in the same manner as for
a use permit under Section 18. 70. 040(B) of this Code.
C. Action of the Board or Planning Commission.
After consideration, the Board of Administrative Review may
approve, conditionally approve, or deny the application for a
grading permit but may, in lieu thereof, forward the matter to
the Planning Commission for decision.
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D. Substantial Compliance.
No clearing or grading permit issued under the provisions of
this chapter shall be held invalid for failure to strictly
comply with the provisions of this section if there has been
substantial compliance therewith.
E. City Projects.
This section shall not apply to any department of the City
unless an environmental impact report was required under the
provisions of this Code.
16. 40. 100 Permit--Denial Grounds.
A. Geological or Flood Hazard.
If the Public Works Director determines by inspection or by
soil or geological reports or other means that the land area
for which clearing or grading is proposed is subject to
geological or flood hazard to the extent that corrective work
cannot eliminate or sufficiently reduce the hazard to persons
or property, the grading permit and building permits for
habitable structures shall be denied.
B. No clearing or grading permit shall be granted in any case in
which:
1. the proposed grading will result in removing the lateral
and subjacent support of the adjacent land, or otherwise
endanger or constitute a hazard to other real property at
a higher or lower elevation not necessarily adjacent or
contiguous thereto, or to public sewers, drains ,
watercourses, streets, street improvements or other
public property or result in seepage or slides, except
upon condition that such damage or hazard shall be
eliminated by the erection of necessary walls, cribs or
other devices approved by the Public Works Director; or
2 . the proposed clearing or grading is inconsistent with the
General Plan or in violation of a zoning ordinance; or
3 . the proposed clearing or grading will result in a
significant adverse environmental impact for which there
are no overriding considerations pursuant to CEQA; or
4. will occur within a 100-year flood plain identified by
the Federal Emergency Management Agency and a use permit
has not been obtained under Chapter 18 . 47. 110; or
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5 . a hearing is required, unless the hearing body has
approved the application after conducting the hearing and
no appeal is taken.
16. 40. 110 Permit--Appeal.
A. Any person aggrieved by any action or decision of the Public
Works Director or the hearing body may appeal that action or
decision. Appeals of any actions or decisions of the Public
Works Director or the Board of Administrative Review shall be
made to the Planning Commission. Appeals of any actions or
decisions of the Planning Commission shall be made to the City
Council.
B. An appeal of an action or decision of the Public Works
Director or the Board of Administrative Review may be taken by
filing a written notice of appeal with the Planning
Department. An appeal of the action or decision of the
Planning Commission may be taken by filing a written notice of
appeal with the City Clerk. The notice of appeal shall state
the name and address of the appellant and the basis of the
appeal. Appeals of a decision of the Public Works Director
shall be filed within three ( 3 ) calendar days of the decision
on the permit application. Appeals of a decision of the Board
of Administrative Review or Planning Commission shall be filed
within ten (10) calendar days of the decision on the permit
application.
16. 40. 120 Permit--Issuance--Conditions--Revocation.
A. Issuance.
1. A permit may be approved but shall not be issued until
the appeal period set out in § 16. 40 . 110 has expired.
2. The permit shall be issued by the Public Works Director
except when a hearing on the permit or environmental
determination is required, in which case the permit shall
be issued by the hearing body.
3 . The permit shall be issued in the name of the Property
Owner as permittee, and shall be signed by said permittee
in acknowledgment of the responsibilities set forth in
paragraph B. below.
4. The issuance of a grading permit shall constitute an
authorization to do only that work which is described or
illustrated on the application or on the grading plans
and specifications approved by the Public Works Director
or the hearing body at the time of issuance.
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B. Responsibility of Permittee.
The permittee shall carry out the proposed grading in
accordance with the Standard Specifications for Public Works
Construction (Green Book) approved grading and erosion control
plans and specifications, the conditions of the grading permit
and the requirements of this chapter and all other applicable
laws and regulations. The permittee shall maintain all
required protective devices and temporary drainage devices
during the progress of the grading work and shall be
responsible for observance of hours of work, dust controls and
methods of hauling. The permittee shall guarantee
maintenance of the site for one year after final inspection
of the final plan. The permittee shall become subject to the
penalties set forth in this chapter in the event of failure to
comply with this chapter and other applicable provisions of
this Code. No approval shall exonerate the permittee from
the responsibility of complying with the provisions and intent
of this chapter.
C. Jurisdiction of Other Departments and Agencies.
Grading and clearing permits issued under the provisions of
this chapter shall not relieve the permittee of responsibility
for securing required permits for work to be accomplished
which is regulated by any other provision of this Code or
falls within the jurisdiction of other local, State or Federal
agencies.
D. Tract Map Requirements.
No grading permit or clearing permit for slopes in excess of
ten percent ( 10%) shall be issued on any parcel of acreage
larger than five ( 5 ) acres, unless a tentative subdivision map
or parcel map has been approved, or an affidavit is filed
declaring the grading/clearing is not for subdivision
purposes.
E. Access Routes .
The Public Works Director or approving body shall approve all
access routes and may impose such regulations with respect to
access routes to and from grading sites as he shall determine
are required in the interest of public safety. Such regula-
tions may include but need not be limited to the following:
1. The size or type of hauling equipment shall be limited in
accordance with the width and conditions of the street;
2. Traffic control devices, including flagmen, signs and
markers, shall be utilized at appropriate places along
the designated routes of access to such sites; and
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3 . Temporary no-parking restrictions shall be imposed as
provided along such routes when determined necessary by
the Public Works Director.
4 . Condition of access route (dust control) .
F. Conduct of Grading Operations.
No person shall excavate or fill so as to cause rocks, soil,
sediment, or debris in any form to fall, slide or flow onto
adjoining properties or public property. Any debris deposited
on adjoining properties or public property shall be removed by
the permittee.
G. Conditions.
In granting a permit under this chapter, the Public Works
Director or the granting body may attach such conditions as
may be necessary to prevent unnecessary environmental damage
or to protect the health, safety and welfare of persons or
property.
H. Hours of Work.
Grading operations shall not begin before 7: 00 a.m. or
continue later than 7: 00 p.m. No work will be allowed on
Sunday. Exceptions from these limitations may be granted by
the Public Works Director or the approving body.
I . Conformance with Zoning Regulations Required.
No permit shall be issued for any clearing or grading or any
export or import of earth or materials to or from any grading
site except in compliance with the zoning and division of land
regulations contained in Titles 17 and 18 of this Code, the
State Subdivision Map Act and the General Plan of the City.
J. Order of Work
1. All erosion control facilities shall be 50 percent
complete by September 1 , 80 percent complete by October
1, and 100 percent complete and fully operational by
October 15 of any year. In addition, all facilities
should be maintained fully operational until May 15 of
the following year. The erosion control devices should
be inspected during and between rainfall events and
repaired as necessary. Identified sites experiencing
erosion shall be scheduled for corrective action no later
than the next day.
2. Between the period May 15 to October 15 of each year,
erosion control measures shall be installed at the
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411 4111
construction site at the end of the day or prior to
weekend shutdown periods if the U.S. Weather Service
forecasts a 30 percent or greater chance of precipita-
tion. All materials necessary to implement the interim
plan shall be on site prior to commencement of work.
K. Completion of Work and Extensions of Time.
The permittee shall fully perform and complete all of the work
contemplated to be accomplished pursuant to the grading permit
within the time limit specified in the permit. If the
permittee is unable to complete the work within the specified
time, he may, prior to the expiration of the permit, submit a
written request for an extension of time within which to
complete the work. The time specified on the grading permit
may be extended by the Public Works Director for a period of
not more than 45 days, but no such extension shall release any
surety upon a security required pursuant to § 16. 40. 130. If
the extension of time would carry performance of the work into
the rainy season as defined in paragraph M, then the extension
of the permit shall be subject to the additional provisions of
paragraph M, including the requirement for cash deposit
security, and the permit may be further conditioned in
accordance with paragraph G by the Public Works Director.
L. Entry upon Premises.
In the event of default in the performance of any term or
condition of the grading permit, the surety or any person
employed or engaged on behalf of the surety shall have the
right to go upon the premises to complete the required work.
No application for a permit shall be filed unless such consent
is included therein. It is unlawful for the owner or any
other person to interfere with the ingress to or egress from
such premises of any authorized representative or agent of any
surety company or the City engaged in work ordered by the
Public Works Director.
M. Consent of Adjacent Property Owner.
Whenever any excavation or fill requires entry onto adjacent
property for any reason, the applicant shall obtain the
written consent of the adjacent Property Owner or his
authorized representative and shall file a signed and
notarized copy of such consent with the Public Works Director.
No permit for such grading work may be issued unless and until
all necessary consent documents are so filed.
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410 IIV
N. Restrictions During Rainy Season.
1. That period between the 15th day of October and the
following 15th day of April is found and determined to be
the period in which heavy rainfall normally occurs in the
City. During this period no clearing or grading in
excess of 250 cubic yards may be commenced on any single
site if the Public Works Director determines by visual
inspection that such work will endanger the public health
and safety or is otherwise prohibited by State or Federal
regulations.
2. Grading and clearing operations shall be conducted in
conformance with the applicable permit requirements of
the State Department of Fish and Game, the Regional Water
Quality Control Board, and all other state and federal
agencies having jurisdiction.
O. Compliance.
No person shall fail, refuse or neglect to comply with the
following provisions:
1. All conditions imposed on permits pursuant to the
provisions of this chapter.
2. All of the provisions of this chapter with respect to
clearing and grading which were in effect at the time the
permit was issued.
P. Notice of Hazard or Non-Performance.
Whenever any construction or work is being done contrary to
the provisions of this chapter or not in accordance with the
plans and specifications submitted and approved as the basis
for the issuance of the clearing or grading permit or with any
condition imposed in connection with such permit, or if public
or private property is or may be endangered, the Public Works
Director shall issue a reasonable notice to the permittee or
his agent or other responsible employee requiring cessation of
work upon that portion of the site where non-compliance,
hazard or other violation has occurred or exists. The notice
shall state the nature of the condition and shall contain
sufficient information to apprise the permittee of the nature
and extent of the correction required. No work shall be
performed on said portion of the site unless and until the
noticed condition is rectified and approved upon inspection of
the Public Works Director or unless , as a condition of
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continuing the work, special precautions agreeable to the
Public Works Director are taken by the permittee. Failure of
the permittee to take such precautions or rectify such
condition, hazard, non-performance, non-compliance or
violation shall be grounds for revocation of the permit.
Q. Revocation of Permit.
Any permit granted in accordance with the terms of this
chapter may be revoked by the Director of Public Works if any
of the conditions or terms of the permit are violated, or if
any law or ordinance is violated in connection therewith.
R. Appeal of Revocation of Permit.
Any person aggrieved by the decision of the Public Works
Director may submit a written appeal to the Planning
Commission within the time and in the manner provided in §
16. 40. 110.
S. Retention of Permit at Job Site.
The permittee shall keep the grading permit and plans on the
job site at all times work is in progress.
16. 40. 130 Security.
A. Security Requirements.
1. Whenever an application for a grading permit is filed for
the excavation or fill of 500 cubic yards or more in
volume and the nature of the work is such that if left
incomplete it may create a hazard to human life or
endanger adjoining property or property at a higher or
lower level, or to any street or street improvement or
any other public property, the Public Works Director
shall, before issuing the grading permit, require the
applicant to guarantee faithful performance and payment
of labor and material in an amount determined by the
Public Works Director which shall be not less than 100%
of the total estimated cost of the work, including
corrective work necessary to remove or eliminate
geological hazards.
2. Notwithstanding the above, all work depicted on the
interim and final plans and all grading performed during
the rainy season shall be secured by a security.
Additional security may be required by the Public Works
Director sufficient to cover the cost of site cleanup
and debris removal. Where grading is required on
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411 410
property adjacent to the grading site to complete a
project satisfactorily, the owner of the adjacent
property need not provide additional security if the
original guarantee is of sufficient amount to include
such additional grading. Securities shall remain in
effect until the work authorized by the grading permit is
completed and any debris deposited on adjoining
properties or public ways has been removed and such has
been approved by the Public Works Director.
B. Type of Security.
A guarantee of faithful performance and payment of labor and
material, when required under the provisions of this section,
shall be provided by one of the following methods:
1. Bonds executed by the applicant as principal and a
corporate surety authorized to do business in the State
of California as surety, and in a form furnished by the
Public Works Director and approved by the City Attorney.
2. A cash deposit with the City; or in lieu thereof a
certificate of deposit from a federally insured lending
institution in the name of the City of Redding, with
interest payable to the permittee.
3 . An instrument or instruments of credit from one or more
financial institutions subject to regulation by the State
or Federal government pledging that the funds necessary
to meet the performance are on deposit and guaranteed for
payment, and an agreement that the funds designated by
the instrument(s) shall become trust funds for the
purpose of securing faithful performance and payment of
labor and material. The instrument(s) of credit and the
agreement shall first be approved by the City Attorney.
C. Action Against the Security. The Public Works Director may,
after reasonable notice, act against the appropriate security
if any of the conditions listed in subsections 1-4 below
exists. The Public Works Director may use funds from the
appropriate security to finance remedial work undertaken by
the City or a private contractor under contract to the City
and to reimburse the City for all direct costs incurred in the
process of the remedial work.
1. The permittee ceases land-disturbing activities and/or
filling and abandons the work site prior to completion of
the grading plan.
2. The permittee fails to conform to the interim plan or
final plan as approved or as modified under Section
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410 •
16. 40. 200 and/or has had his/her permit revoked under
Section 16. 40.120.
3 . The techniques utilized under the interim or final plan
fail within one year of installation or before a final
plan is implemented for the site or portions of the site,
whichever is later.
4 . The Director of Public Works determines that action by
the City is necessary to prevent excessive erosion from
occurring on the site.
D. Release of Security. Security deposited with the City for
faithful performance of the grading and erosion control work
and to finance necessary remedial work shall be released
according to the following schedule:
1. Securities held against the successful completion of the
grading plan and the interim plan, except for interim
plans described in Section 16. 40 . 240C, shall be released
to the permittee at the termination of the permit,
provided no action against such security is filed prior
to that date.
2 . Securities held against the successful completion of the
final plan and an interim plan described in Section
16. 40. 240C shall be released to the permittee either one
year after termination of the permit or when a final plan
is submitted for the unimproved site, whichever is later,
provided no action against such security has been filed
prior to that date.
16.40. 140 Design Standards--Cuts, Fills, Drainage, and Erosion
Control.
Cuts, fills, drainage, and erosion control shall be designed
and constructed per the Standard Specifications for Public Works
Construction (Green Book) , latest edition, and the City of Redding
Construction Standards and, if the grading is proposed to support
structures, the Uniform Building Code.
16. 40. 170 Excavations.
Excavations shall not undercut any natural slope if the
stability of a footing or foundation of any building or structure
would be adversely affected, unless such footing or foundation is
first properly underpinned or protected against failure.
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16 . 40. 190 Inspection and Supervision.
A. General.
All construction or work for which a permit is required shall
be subject to inspection by the City. Certain types of work
determined by the Public Works Director to be likely to
endanger or create a hazard to other property shall have
either continuous or constant inspection and supervision
during all critical periods by a Civil Engineer, Soils
Engineer or Engineering Geologist as required by the Public
Works Director as a condition of issuance of the grading
permit. Failure by the permittee to provide required
inspections and supervision shall be grounds for revocation of
the permit. Prior to closing the clearing or grading permit,
a final inspection shall be made of all construction or work
for which the permit has been issued.
B. Exposure of Work.
Whenever any work on which called inspections are required as
specified in this section is covered or concealed by
additional work without having first been inspected, such work
shall be exposed at the permittee ' s sole expense for
examination.
C. Notice.
The permittee or his agent shall notify the Public Works
Director 24 hours in advance of the time when the grading
operation is ready for each of the following inspections:
1. Preconstruction Inspection. When the permittee is ready
to begin work but before any grading or brushing is
started.
2 . Clearing and Grubbing Inspection. After the natural
ground is exposed and prepared to receive fill but prior
to the placement of any fill.
3 . Final Inspection. When all work, including installation
of all drainage structures, other protective devices,
planting and slope stabilization, has been completed and
the as-graded plan and required reports have been
submitted.
4 . Other Inspection. In addition to the called inspections
above, the Public Works Director may make periodic
inspections of the grading operations to ascertain
compliance with the provisions of this chapter.
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D. Responsibility of Permittee.
The permittee shall provide sufficient professional super-
visory control during the grading operation to insure
compliance with the approved plans and specifications and the
provisions of this Code. When required by the Public Works
Director, the permittee shall avail himself of geological and
soils engineering services to implement the supervisory
control of the permittee ' s registered Civil Engineer.
E. Special Inspections.
Where determined from the grading plans and site investigation
that conditions warrant professional supervisory control, the
permittee or his agent shall employ:
1. A registered Civil Engineer or Geotechnical Engineer to
supervise all grading.
2. An Engineering Geologist to provide geological
inspections. These inspections shall include, but not be
limited to, the adequacy of natural ground for receiving
fills and the stability of cut slopes with respect to
geological matters and placement of subdrains or other
groundwater drainage devices. He shall report his
findings to the Soils Engineer and the Civil Engineer and
they shall be submitted to the Public Works Director.
F. Inspections Required.
The employment of specialists to supervise the grading
operation shall not be deemed to render unnecessary
inspections described in this section.
16. 40. 200 Modifications.
A. The permittee and his agents shall not deviate from the
grading plans and specifications without the written approval
of the official or body which granted final approval to the
original permit.
B. The Public Works Director may require permittee to modify the
grading plan, interim or final plans, and maintenance methods
and schedules. The Public Works Director shall notify the
permittee in writing of the requirement and specify a
reasonable period of time within which permittee must comply.
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16. 40. 210 Inspecting Officials.
A. Notification of Non-Compliance.
If, in the course of fulfilling their responsibilities, the
Civil Engineer, the Soils Engineer, the Engineering Geologist
or the testing agency finds that the work is not being done in
conformance with this chapter or the approved grading plans,
the discrepancies shall be reported immediately in writing to
the person in charge of the grading work and to the Public
Works Director. Recommendations for corrective measures, if
necessary, shall be submitted.
B. On Termination of Services.
The Civil Engineer supervising the grading work shall
immediately notify the Public Works Director in writing upon
the termination of his services, and he shall not be held
responsible for work taking place after that time. All work
shall immediately stop upon the termination of the services of
the Civil Engineer, Soils Engineer or Engineering Geologist
whose name appears on the grading permit as having been
approved to supervise the grading work, and it shall not
commence again until the new approved Civil Engineer, Soils
Engineer or Engineering Geologist certifies in writing to the
Public Works Director that he has reviewed all phases of the
project and is thoroughly familiar with it. Upon receipt of
this notice, the Public Works Director shall immediately give
written notice that work may proceed.
C. Transfer of Responsibility.
If the Civil Engineer, the Soils Engineer, the Engineering
Geologist or the testing agency of record is changed during
the course of the work, the work shall be stopped until the
replacement has agreed to accept the responsibility within the
area of his or its technical competence for submitting a
written declaration upon completion of the work.
16. 40. 220 Safety.
If at any stage of work on an excavation or fill the Public
Works Director determines that the work is or is likely to become
dangerous or is likely to endanger any property, public or private,
it shall be his duty to require safety precautions to be
immediately taken as a condition to continuing such permit work or
to require cessation thereof forthwith unless and until it is made
safe and to amend the plans for such work. After receiving such
notice, oral or written, it shall be unlawful for the permittee or
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any person to proceed with such work contrary to said order. As
soon as possible the Public Works Director shall make a report
outlining the conditions observed and the pertinent soil,
geological and engineering information and shall mail or deliver a
copy thereof to the permittee, but such order shall not be
contingent upon the preparation or delivery of a report in those
cases where hazard requires prompt action.
16. 40. 230 Completion of Work.
A. Letter of Completion.
When it is found that the work authorized by the grading
permit, including the installation of all drainage structures,
Planting and recommendations by the Soils Engineer and
Engineering Geologist and removal of debris deposited on
adjoining properties or public ways has been satisfactorily
completed in accordance with the requirements of this chapter,
a letter of completion covering such work shall be sent to the
permittee by the Public Works Director. A copy shall be sent
to the Building Official.
B. Final Reports.
Upon completion of the work, the following reports and
information, unless otherwise specifically waived by the
Public Works Director, shall be required:
1. An as-graded grading plan prepared by the Civil Engineer,
including original ground surface elevations, as-graded
ground surface elevations, lot drainage patterns and
locations and elevations of all surface and subsurface
drainage facilities. He shall provide a written
declaration that the work was done in accordance with the
final approved grading plan and this chapter.
2. A soil grading report prepared by the Soils Engineer,
including locations and elevations of field density
tests, summaries of field and laboratory tests and other
substantiating data and comments on any changes made
during grading and their effect on the recommendations
made in the soil engineering investigation report. It
shall also provide information as to location and nature
of tests, statement related to the expansive nature of
soil and rock material, limits of compacted fill shown on
the as-graded plan and adequacy of the site for the
intended use.
3 . A geologic grading report prepared by the Engineering
Geologist, if an engineering geological report was
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4 •
required by the Public Works Director in accordance
with § 16 . 40. 060 A. 4. , including a final description of
the geology of the site, including any new information
disclosed during the grading and the effect of same on
recommendations incorporated in the approved grading
plan. He shall provide a written declaration as to the
adequacy of the site for the intended use as affected by
geologic factors. Where necessary, a revised geologic
map and cross sections and any recommendations regarding
special building restrictions or foundation setbacks
shall be included.
16. 40. 240 Protective Device Maintenance.
A. The owner of any property on which grading or an excavation or
fill has been made pursuant to a grading permit granted under
this chapter and any other person or agent in control of such
property shall maintain in good condition and repair all
retaining walls, cribbing, drainage structures and other
protective devices, including planting, shown in the approved
plans and specifications submitted with the application for a
grading permit or subsequently required by the Public Works
Director.
B. Upon completion of final grading and permanent improvements,
where such permanent improvements are planned at the time
grading is performed, permittee shall submit executed
contract(s) with a qualified contractor for maintenance and
upkeep of final plan runoff and erosion control measures for
a one-year period.
C. No Improvements Planned. Where an applicant does not plan to
construct permanent improvements on the site or plans to leave
portions of the site graded but unimproved, applicant must:
1 . Meet all the requirements of this chapter, except that an
interim plan designed to control runoff and erosion on
the site for the period of time during which the site, or
portions thereof, remain unimproved must be submitted in
lieu of a final plan; and
2 . Submit executed contract(s ) as defined in Section B after
completion of grading.
16. 40. 250 Hauling.
A. Routes.
In cases where the Public Works Director designates the haul
routes, such designation of routes shall take into con-
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411
sideration the most practical means of transporting the earth
materials to and from the grading site consistent with the
safety and welfare of residents along the routes.
B. Maintenance of Roadways.
All public roadways used by the permittee shall be maintained
free from all dust, dirt and debris caused by the grading
operations. The Public Works Director may require a cash
deposit from the permittee to cover any costs of roadway
maintenance incurred by the City which are directly
attributable to the permittee ' s grading operation. The amount
of the cash deposit shall be determined by the Public Works
Director. The cash deposit or any unused portion thereof
shall be refunded to the permittee after the grading permit
has been closed.
C. Spillage.
All vehicle loads shall be trimmed and watered or otherwise
secured so as to prevent spillage from the equipment.
D. Equipment.
In no event shall any export or import of earth materials to
and from a grading site over dedicated and improved streets in
the area be undertaken or conducted except by use of equipment
which complies in all respects with the State Vehicle Code.
16. 40. 260 Grading Violations.
The following are hereby expressly declared to be unlawful:
A. Any failure to comply with the provisions of this chapter by
any person;
B. Any clearing, grading, excavation, or fill which is done
without first having obtained a permit therefor in accordance
with the provisions of this chapter;
C. Any failure by the permittee, or his agents, or anyone acting
for the permittee, to comply with the terms, conditions,
specifications, or limitations contained in a duly issued
grading permit;
D. After work has been started by the permittee under a duly
issued grading permit, any failure by the permittee to
complete the work authorized by the permit;
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E. Any quantity of clearing, grading, fill or excavation upon the
property of another without the Property Owner' s permission;
F. Continuation of a violation described in A, B, C, D, or E
above, beyond the end of one ( 1 ) day, shall be considered a
separate violation for each day or portion of the last day on
which it is continued.
G. In addition to civil penalties provided for under this
chapter, violations of the provisions of this chapter are
punishable as misdemeanors.
16. 40. 270 Nuisance.
A. Declaration.
The condition of the land which results from any unlawful
clearing, grading, excavation, or fill is expressly declared
to be a public nuisance. (Government Code § 38771)
B. Notice.
Whenever the Public Works Director is advised that a nuisance
exists pursuant to § 16. 40. 270 , he shall immediately notify
the Property Owner and issue a stop work order and/or an order
providing for abatement of the nuisance and/or may refer the
nuisance to the Planning Commission.
C. Responsibility.
The Property Owner shall be responsible for the control of
conduct on the property so as to prevent any unlawful
clearing, grading, excavation, or fill. If any unlawful
clearing, grading, excavation, or fill takes place on the
property, the Property Owner shall alleviate the nuisance
thereby created and ( 1 ) restore the land to its preexisting
condition to the greatest extent practicable, or ( 2 ) take such
remedial action as may be required by the Public Works
Director, the Planning Commission (after abatement hearing) ,
or City Council (after appeal) , to remove and abate the
nuisance. .
D. Relief from Nuisance Abatement Enforcement.
The Property Owner may apply for relief by making a written
request to the Public Works Director in conjunction with an
application for a clearing or grading permit. If a permit is
issued, enforcement remedies to abate the nuisance under
§ 16. 40. 280(B) shall be stayed pending performance under the
permit, provided that ( 1 ) the nuisance has not yet been abated
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by the Public Works Director , and ( 2 ) any permit issued after
an appeal before the Planning Commission or City Council
shall conform to the order of such body without requirement of
a further public hearing on the permit, and ( 3 ) only one
permit may be issued pursuant to this section. Relief from
nuisance abatement enforcement remedies shall not stay
enforcement or relieve liability for fines under
§ 16. 40. 280(A) .
16. 40. 280 Penalties and Remedies.
The following penalties and remedies are accumulative and not
exclusive of any other penalties or remedies allowed by law.
A. Fines.
1 . Any persons who are found to have violated the provisions
of this chapter with respect to grading, excavation, or
fill may be held jointly and severally liable for payment
of a fine in accordance with the amount of material or
fill which was unlawfully graded, excavated, or filled.
The amount of the fine shall be $250. 00 for the first 50
cubic yards or any fraction thereof, and $250. 00 for each
additional 50 cubic yards or fraction thereof, provided
that the total fine imposed for a single violation shall
not exceed $5,000. 00.
2. Any persons who are found to have violated the provisions
of this chapter with respect to clearing may be held
jointly and severally liable for payment of a fine in
accordance with the amount of acreage of land which was
unlawfully cleared. The amount of the penalty shall be
$250. 00 for the first one-half ( 1/2 ) of an acre or
portion thereof, and $250. 00 for each additional one-half
( 1/2) acre or portion thereof, provided that the total
fine imposed for a single violation shall not exceed
$5, 000. 00 .
3 . Any persons who are found to have violated the conditions
of a duly issued permit for grading, excavation, fill, or
clearing, such that the magnitude of the violation cannot
be measured by the quantities of material moved or land
cleared, may be held jointly and severally liable for
payment of a fine of $5,000. 00.
B. Denial of Other Permits.
No building permit, water, sewer, electrical permit, or any
other permit shall be issued by the City to any person for any
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premises or portion thereof which is in violation of this
Chapter and which violation is not corrected or approved for
correction by the Director of Public Works.
C. Nuisance--Abatement/Enforcement
1. Appeal to the Planning Commission.
Within ten days following a finding of a nuisance and
issuance of an order by the Director of Public Works,
pursuant to Section 16 . 40. 270 C and D, an aggrieved
property owner may appeal the decision by filing a
written request to the Clerk of the Planning Commission.
Said appeal does not release the property owner of
complying with any stop work order or order of abatement.
2. Appeal to City Council.
Within ten days following a finding of a nuisance and
issuance of an Order by the Planning Commission, an
aggrieved Property Owner may appeal the decision by
filing a written request with the City Clerk detailing
the objections to the finding and Order, together with a
non-refundable fee of $200. 00 for processing the appeal.
On appeal, the City Council shall receive a report from
the Planning Commission setting forth the basis for the
finding and Order, together with such relevant evidence
as may be allowed on the issues raised by the appeal.
Following hearing on the appeal, the City Council may
uphold or reverse the decision of the Planning
Commission, or modify the remedial action necessary to
abate the nuisance; and the City Council shall authorize
the Mayor to immediately issue an Order in accordance
therewith. The Order of the City Council shall be final.
3 . Resolution Ordering Abatement--Service.
If the Planning Commission or City Council orders
abatement of the nuisance, a copy of the order directing
the Public Works Director to abate the nuisance after 30
days shall be served upon the owner of the property in
accordance with the provisions of paragraph 3 . Any
Property Owner shall have the right to comply with the
Order by ( 1) restoring the property to its preexisting
condition to the greatest extent practicable, or (2 )
taking such remedial action specified in the Order to
remove or abate the nuisance, at his own expense,
provided it is done in conformance with § 16. 40. 270(C. )
prior to the expiration of the 30 days.
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411 Ilk
4. Abatement Costs--Accounting.
The Public Works Director shall keep an account of the
costs, including incidental expenses, of abating the
nuisance on each separate lot or parcel of land where the
work has been done, and shall render an itemized report
in writing to the City Council showing the cost of the
work on each separate lot or parcel of land; provided
that before the report is submitted to the City Council,
a copy of the report and notice shall be served upon the
owner of the property in accordance with the provisions
of paragraph 3 at least five ( 5) days prior to submitting
the report to Council. Proof of service shall be made by
affidavit or declaration and filed with the City Clerk.
The term "incidental expenses" shall include, but not be
limited to, the expenses and costs of the City in the
preparation of notices, service of notices,
specifications and contracts, inspecting the work, and
the costs of printing and mailing required by this
chapter.
5. Abatement Costs--Final Determination.
At the date and time fixed for receiving and considering
the report referred to in paragraph 7, the City Council
shall hear and pass upon the report of the Public Works
Director, together with any objections or protests which
may be raised by any persons potentially liable or
property owners liable to be assessed for the work of
abating the nuisance and any other interested persons.
Thereupon, the City Council may make such revision,
correction or modification in the report as it may deem
just, after which by Resolution the report, as submitted
or as revised, corrected or modified, shall be confirmed,
provided that a hearing or consideration may be continued
from time to time. The decision of the City Council on
all protests and objections which may be made shall be
final and conclusive.
6. Abatement Costs--Assessment.
The amount of the cost for abating the nuisance upon the
various lots or parcels of land, as confirmed by the City
Council, shall constitute special assessments against the
respective lots or parcels of land, and as thus made and
confirmed shall constitute a lien on the property for the
amount of the assessments, respectively. After the
confirmation of the report, a copy shall be turned over
to the County Tax Assessor and Tax Collector, acting for
City, whereupon it shall be the duty of the Assessor and
Tax Collector to add the amounts of the respective
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assessments to the next regular bills of taxes levied
against the respective lots and parcels of land for
municipal purposes, and thereafter the amounts shall be
collected at the same time and in the same manner as
ordinary municipal taxes are collected, and shall be
subject to the same penalties and the same procedure
under foreclosure and sale in case of delinquency as
provided for ordinary municipal taxes.
7. Emergency Abatement
When it comes to the attention of the Public Works
Director that a nuisance exists which is determined to be
of imminent danger of causing rocks, soil, sediment, or
debris in any form to fall, slide, or flow onto adjoining
properties, watercourses, public property, or floodplain
(as defined in Chapter 18. 47) , the Department may
immediately perform corrective work, either with City
crews or by contract, notwithstanding the other
provisions of this subsection.
8. Right of Entry.
Whenever necessary to enforce the provisions of the
Chapter, the Director of Public Works may enter the
premises at all reasonable times in the manner provided
by law to perform any duty imposed by this Chapter. If
such entry is refused, the Director of Public Works shall
have recourse to every remedy provided by law to secure
entry.
Section 2. It has been determined that this chapter is not
subject to the provisions of CEQA.
Section 3 . The City Clerk shall certify to the adoption of
this Ordinance and cause its publication according to law.
I HEREBY CERTIFY that the foregoing Ordinance was introduced
and read at a regular meeting of the City Council of the City of
Redding on the 21st day of January , 1992 , and was duly
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read and adopted on the 4th day of February , 1992, at a
regular meeting of the City Council by the following vote:
AYES: COUNCIL MEMBERS: Arness, Fulton, Moss & Dahl
NOES: COUNCIL MEMBERS: None
ABSENT: COUNCIL MEMBERS: None
ABSTAIN: COUNCIL MEMBERS: None `"�
r
MIKE DAHL, Mayor
City of Redding
ATTT: FORM APPROVED:
74.1:- /- , 4 7,
CONNIE STROHMAYER, Ci Clerk R• iDALL A. HAYS, Ci y Attorney
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