Chapter 15.28   LAND CLEARING AND GRADING

Sections:


15.28.010   Land clearing and grading.

This chapter shall regulate the clearing and removal of vegetation, excavation, grading and earthwork construction, including cuts and fills, gravel pits, dumping, quarrying and mining operations within the city. This chapter is further intended to promote the public health, safety and welfare of the citizens of Black Diamond by:

A.

Minimizing adverse stormwater impacts caused by the removal of vegetation and the alteration of land forms;

B.

Protecting water quality from adverse impacts associated with erosion and sedimentation;

C.

Minimizing aquatic and terrestrial wildlife habitat loss caused by the removal of vegetation;

D.

Protecting environmentally sensitive areas from adverse clearing and grading activities;

E.

Facilitating and encouraging long-term forest practices where appropriate;

F.

Minimizing adverse impacts associated with quarrying and mining operations;

G.

Preventing damage to property and harm to persons caused by excavations and fills;

H.

Establishing an administrative procedure for the issuance of permits, approval of plans, and inspection of clearing and grading operations; and

I.

Providing penalties for the violation of this chapter.

(Ord. 591 § 2 (part), 1996)

15.28.020   Definitions.

Unless otherwise clearly indicated by the context, certain words and phrases used in this chapter shall have the following meanings. Words used in the singular include the plural, and words used in the plural, include the singular. Words used in the masculine gender include the feminine, and words used in the feminine gender include the masculine.

"Approval" means the proposed work or completed work conforms to this chapter.

"Bedrock" means in-place solid rock.

"Bench" means a relatively level step excavated or constructed on the face of a graded slope surface for drainage and maintenance purposes.

"Berm" means a mound or raised area used primarily for the purpose of screening a site or operation.

"Best management practices" means physical, structural, and/or managerial practices that, when used singly, or in combination, prevent or reduce pollution of water.

"City" means the city of Black Diamond, King County, Washington.

"City administrator" means the city administrator of the city of Black Diamond or his/her duly authorized designee.

"Clearing" means any activity which cuts, removes or seriously damages vegetation, groundcover, trees or other organic plant matter, including but not limited to root-mat removal and/or topsoil removal, by physical, mechanical, chemical or any other means.

"Cut" means the changing of a grade through excavation.

"Earth material" means any rock, natural soil or combination thereof.

"Environmentally sensitive area" means an area designated and mapped by the city as such pursuant to Section 19.04.290 of this code.

"Erosion" means the wearing away of the ground surface as a result of the movement of wind, water or ice.

"Excavation" means the mechanical removal of earth material.

"Fill" means a deposit of earth material by artificial means.

"Grade" means the vertical location of the ground surface.

"Grading" means any excavating, filling or removal of the duff layer, or combination thereof.

"Grading and clearing permit" means the permit required by this chapter for grading and clearing activities, including temporary permits.

"Owner" means any person having title to, or control of a building or property, including a lessee, guardian, receiver or trustee and the owner's authorized agent.

"Person" means any individual, partnership, corporation, association, organization, cooperative, public or municipal corporation or agency of the state or local government, however designated.

"Professional engineer" means an engineer currently registered and licensed in the state of Washington to perform, supervise and certify engineering work which he or she is qualified to direct.

"Reclamation" means the final grading and land restoration of a site.

"Road prism" means that portion of a roadway bounded on the top by the surface of the roadway and bounded on both sides by a forty-five-degree line projecting down from a point on a horizontal line extending at a right angle from the outer edges of the roadway surface.

"Site" means any lot or parcel of land or contiguous combination thereof, on which activities subject to this chapter are performed or permitted.

"Slope" means an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.

"Soil" means naturally occurring superficial deposits overlying bedrock.

"Structure" means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite matter.

"Tree" means a large, living, woody perennial plant usually with a main single stem or trunk over twelve feet tall at maturity.

"Vegetation" means any and all organic plant life growing at, below or above the soil surface.

(Ord. 591 § 2 (part), 1996)

15.28.030   Responsible city official.

The city administrator shall have general charge of and supervision over the administration and enforcement of this chapter.

(Ord. 591 § 2 (part), 1996)

15.28.040   Clearing and grading permit required.

A.

Unless exempted by Section 15.28.050, any person wishing to grade, excavate, clear or fill any site within the city shall first obtain a grading and clearing permit from the city administrator. A separate permit shall be required for each individual site and may cover both excavations and fills thereon.

B.

The permit required by this section shall be in addition to any other permits which will or have been issued by the city or any other governmental agency with jurisdiction over all or part of the proposed activities.

(Ord. 591 § 2 (part), 1996)

15.28.050   Exemptions.

The following are exempt from the permit requirements of Section 15.28.040:

A.

On-site excavation or fill for a basement, building footings, retaining wall, parking lot or other structure for which there has been issued a valid building permit as set forth in Appendix J of the International Building Code; except that neither a fill made with the material from such excavation nor an excavation having an unsupported height of greater than five feet after the completion of said structure, shall be exempt from the provisions of this chapter;

B.

Maintenance of existing driveways or private access roads within their existing road prisms, provided that the standards and restoration requirements of this chapter are satisfied and city-approved best management practices are utilized to protect water quality;

C.

Grading within a publicly owned right-of-way;

D.

Clearing or grading by a public agency for the following normal and routine maintenance activities:

1.

Roadside ditch cleaning, provided the ditch does not contain salmonoids,

2.

Pavement maintenance,

3.

Normal grading of gravel shoulders,

4.

Maintenance or repair of culverts,

5.

Maintenance of flood control facilities or other approved surface water management facilities, or

6.

Routine clearing within public road rights-of-way;

E.

Maintenance or reconstruction of the facilities of a railroad engaged in interstate commerce within its existing right-of-way; provided, that restoration of said right-of-way conforms to the requirements of this chapter; and further provided that this exemption does not apply if the facilities are located within an environmentally sensitive area;

F.

Clearing or grading for cemetery gravesites; provided, that this exemption is limited to routine maintenance if the cemetery is located within an environmentally sensitive area;

G.

Any excavation less than five feet in vertical depth and not involving more than one hundred cubic yards of earth or other material on a single site; provided, that this exemption shall not apply if the site is located within an environmentally sensitive area;

H.

Any clearing or grading for road construction purposes in accordance with a residential plat which has received preliminary or final approval from the city council; provided, that the city administrator shall first approve said clearing or grading and a bond shall be posted in an amount to be determined by the city administrator;

I.

Any clearing or grading in accordance with a plat which has received preliminary or final approval from the city council provided the excavation does not exceed five feet in vertical depth or the fill does not exceed three feet in vertical depth, regardless of the amount of material to be removed. This exception shall not apply if the clearing or grading is within an environmentally sensitive area;

J.

Fill less than three feet in vertical depth not involving more than one hundred cubic yards of earth or other material on a single site; provided that this exemption shall not apply if the site is within an environmentally sensitive area;

K.

Minor stream restoration projects for fish habitat enhancement conducted by a public agency, utility or tribe;

L.

Clearing and Grading within the Mineral Extraction/Forestry District, conducted as a Class I, II, III or IV special forest practice in accordance with RCW 76.09 et seq. and Title 222, Washington Administrative Code. All other clearing will require a permit;

M.

Any homeowner's normal and routine gardening, maintenance of existing lawns and landscaping, excavation and filling of fence post, swing set or play equipment holes;

N.

The following activities are exempt from the clearing requirements of this chapter and no permit shall be required:

1.

Clearing outside of environmentally sensitive areas and buffers as regulated by applicable city ordinances and/or state or federal governmental regulation,

2.

Within environmentally sensitive areas otherwise regulated by city ordinance, the following activities are exempt from the clearing requirements of this chapter and no permit shall be required,

a.

Normal and routine maintenance of existing lawns and landscaping, subject to the limitations on the use of pesticides and fertilizers in or adjacent to sensitive areas, as provided in this code,

b.

Permitted agricultural uses, provided the clearing is consistent with the agricultural exemptions in any environmentally sensitive areas ordinance of the city,

c.

Emergency tree removal to prevent imminent danger or hazard to persons or properties,

d.

Normal and routine horticultural activities associated with commercial orchards, nurseries or Christmas tree farms in existence on the effective date of the city's environmentally sensitive areas ordinance, subject to the limitations on the use of pesticides as set forth in said ordinance. This does not include clearing or grading in order to develop or expand such activities,

e.

Normal and routine maintenance of existing public parks and private and public golf courses. This does not include clearing or grading in order to develop or expand such activities,

f.

Removal of noxious weeds from steep slope hazard areas and the buffers of streams and wetlands, subject to any limitations on the use of pesticides in environmentally sensitive areas as provided in this code,

g.

Pruning and limbing of vegetation for maintenance of aboveground electrical and telecommunication facilities; provided that the clearing is approved by the city administrator and is consistent with the electric, natural gas, cable communication and telephone utility exemptions in the city's environmentally sensitive areas ordinance,

h.

Class I, II, III and IV special forest practices outside of areas zoned ME/F provided they occur on parcels that meet all of the following criteria for long term forestry:

i.

The parcel is enrolled under the current use taxation program as timber land pursuant to RCW 84.34 or as forest land pursuant to RCW 84.33,

ii.

A long term management plan is approved for the parcel by the Washington Department of Natural Resources, and

iii.

The parcel equals or exceeds five acres in size.

(Ord. 591 § 2 (part), 1996)

(Ord. No. 943, § 3, 6-17-2010)

15.28.060   Grading and clearing permit application.

The applicant for a grading and clearing permit shall file a completed application for such with the city administrator. The application shall be on a form furnished by the city administrator. Every application shall include the following information:

A.

Name, address and telephone number of the property owner and/or applicant;

B.

A description of the work for which a clearing and grading permit is required;

C.

A statement explaining the purpose for the proposed clearing and grading;

D.

The legal description and street address of the site on which the proposed work is to be done;

E.

A description of any environmentally sensitive area within the boundary of the site;

F.

A statement of the approximate amount, in cubic yards, of material to be removed, filled or graded; existing and proposed finished contours at two-foot intervals on slopes less than thirty percent and at five-foot contours on slopes greater than thirty percent, and surface measurement, in square feet of the area to be cleared;

G.

A completed environmental checklist, if required; and

H.

Such other information as may be required by the city administrator.

The application shall be signed by the property owner or by his duly authorized agent. If by the latter, the application shall include evidence indicating his authority. Incomplete applications will not be processed.

(Ord. 591 § 2 (part), 1996)

15.28.070   Grading and clearing permit—Plans and specifications.

A.

Each application for a grading and clearing permit shall be accompanied by six sets of plans and specifications and other supporting data as may be required by the city administrator. If required by The city administrator, the plans and specifications shall be prepared and signed by a professional engineer.

B.

Unless otherwise approved by the city administrator, the plans required by this section shall be drawn to an engineer's scale of not less than one inch to fifty feet on sites ten acres or less; of not less than one inch to one hundred feet on sites greater than ten acres but less than or equal to sixty acres; not less than one inch to two hundred feet on sites larger than sixty acres, upon stable, reproducible "fixed line" mylar and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that said work will conform to the provisions of this chapter and all other relevant laws, rules, regulations and standards. The first sheet of each set of plans shall state the location of the work and the name and address of the owner and the professional engineer who prepared said plans, if required.

C.

The plans required by this section shall include the following minimum information:

1.

A description of the general vicinity of the proposed site, including its legal description;

2.

The property limits, adjacent right-of-way lines and property lines, accurate contours, at minimum two-foot contour intervals on slopes less than thirty percent and at minimum five-foot contour intervals on slopes greater than thirty percent, of the existing ground, extending fifty feet beyond the property lines, and details of the terrain, vegetation, easements of record and historical drainage patterns;

3.

Limiting dimensions, elevations or finished contours, at minimum two-foot intervals, to be achieved by the grading, and proposed drainage channels and related construction;

4.

Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams, berms, settling ponds and other protective devices to be constructed with or as a part of the proposed project, together with maps showing the drainage area and the estimated runoff of the area served by any drains. Downstream analysis of an existing system may be required by the city administrator;

5.

The location of any buildings or structures on the site where the work is to be performed and the location of any buildings or structures, on adjacent property, which are within fifty feet of the site or which may be otherwise affected by the proposed clearing and grading operations;

6.

The landscape and restoration plan as required by Section 15.28.130;

7.

The information required by Chapters 19.12 et seq. and 18.84 et seq., if the clearing or grading is proposed to take place in or immediately adjacent to an environmentally sensitive area.

(Ord. 591 § 2 (part), 1996)

15.28.080   Grading and clearing permit—Review.

Upon receipt of a completed application, the city administrator shall initially determine if the proposed activity will adversely affect the character of the site for its present lawful uses or the future development of the site and/or adjacent properties, as established in the city's comprehensive plan, zoning code and the shoreline master program.

(Ord. 591 § 2 (part), 1996)

15.28.090   Grading and clearing permit—Approval or denial.

A.

The city administrator shall have the authority to approve, modify, approve with conditions or deny the permit in accordance with the intended purposes of this chapter. If the city administrator determines that the application complies with the criteria set forth in this chapter, then he shall issue a grading and clearing permit to the applicant. Said permit shall be valid for the number of days stated therein, but in no case for more than one year, unless otherwise approved by the city council for up to three years; provided, that the permit may be renewed for up to one additional year if approved by the city administrator and subject to any conditions which he reasonably believes to be necessary.

B.

No grading or clearing permit shall be issued until approved by any federal, state or local agency having concurrent jurisdiction over the proposed activity.

C.

Upon approval of the application and issuance of the grading and clearing permit, no work shall be done that is not specifically authorized therein. Approvals granted on the basis of inaccurate or misleading information shall be revoked or suspended.

(Ord. 591 § 2 (part), 1996)

15.28.100   Bonds required.

A.

Prior to the issuance of a grading and clearing permit, the permittee shall post with the city administrator a cash operating bond, and a cash or surety reclamation bond in amounts approved by the city administrator. This amount shall be at least one hundred fifty percent of the city engineer's estimated cost of the project, but, in any event, not less than two thousand dollars. All such bonds shall be executed by the owner and/or permittee and a corporate surety authorized to do business in this state as a surety. All bonds or assignments of funds shall be in a form approved by the city attorney and shall include penalty provisions for failure to comply with the conditions of the permit. One or any of said bonds may be waived at the discretion of the city administrator based on his evaluation of the type and scope of the particular project. At his discretion, the city administrator may allow the permittee to deposit cash with the city or execute an assignment of funds in lieu of a bond.

B.

The reclamation bond or assignment of funds required by this section shall be in an amount determined by the city administrator to be sufficient to cover the cost of conformance with the permit's conditions, including corrective work necessary to provide adequate drainage and to remove and eliminate geological hazards. The amount of any reclamation bond posted by the permittee with the state of Washington, Department of Natural Resources, in connection with a surface mining permit, may be applied towards the reclamation bond required by this section, provided the former bonds against the same costs and work as the reclamation bond required by this section.

C.

In addition to the reclamation bond or assignment of funds referred to in subsection B of this section, the permittee shall post a cash operating bond with the city in an amount to be determined by the city administrator. Said bond may be used to correct, remedy or repair any defect, deficiencies or hazards caused by the permittee's activities and shall, during the life of the permit, be maintained at the full value established by the city administrator.

D.

Every bond or assignment required by this section shall obligate the permittee to:

1.

Comply with all of the provisions of this code and applicable laws and regulations;

2.

Comply with all of the terms and conditions of the permit;

3.

Complete all of the protective and restorative work required under the permit and in any notice of violation issued pursuant to Section 15.28.180 within the time specified therein; any extension of said time by the city administrator shall not operate to release the surety.

E.

The city shall withhold issuing the permit until the required bonds or assignments are approved by the city administrator and filed. The city may enforce such bonds according to their terms, and pursuant to any and all legal and equitable remedies.

(Ord. 591 § 2 (part), 1996)

15.28.110   Liability insurance.

The owner and/or permittee shall maintain a policy of liability insurance as outlined in "City of Black Diamond Development Guidelines and Public Works Standards," Section 3 (Public Works Considerations), in an amount to be determined by the city administrator. Before a grading and clearing permit is issued, the owner or permittee on a project shall supply the city administrator with proof of standard liability insurance coverage naming the city of Black Diamond and its agents and employees as additional insureds. Said policy shall be in a form approved by the city attorney and shall include a provision prohibiting cancellation of said policy except upon thirty days' written notice to the city. The city administrator may, in his discretion, waive liability insurance for small residential projects which involve less than one thousand cubic yards. Liability insurance shall not be required if the permittee is a city department.

(Ord. 591 § 2 (part), 1996)

15.28.120   Operating conditions and standards of performance.

Unless otherwise approved by the city administrator under the 1994 Edition of the Uniform Building Code, Chapter 33 and amended Chapter 33, the conditions and standards for all fills and cuts in the city shall be as follows:

A.

Slope. No slope of a cut and fill surface shall be steeper than is reasonably safe for the intended use or which would otherwise unreasonably enhance erosion of the cut and fill surface. No slope of a cut and fill surface shall exceed two horizontal feet to one vertical foot, unless otherwise approved by the city administrator. The slope requirements of this subsection shall not apply to temporary stockpiling of excavated materials for removal or sale, not otherwise included in a permit issued under this chapter; provided that said stockpiles must be consistent with the provisions of the permit under which the excavating operations are conducted; and provided further that said temporary stockpiling:

1.

Does not adversely affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property; and

2.

Does not adversely affect any receiving bodies of water; and

3.

Is consistent with the physical constraints of the site; and

4.

Does not adversely affect the health, safety and welfare of the citizens of Black Diamond; and

5.

Is consistent with an approved erosion control plan, as required by Section 15.28.12(B); and

6.

Is consistent with city-approved best management practices.

Anyone seeking an exemption under this subsection shall apply for such to the city administrator who shall determine whether the stockpile satisfies the above criteria for said exemption. If the exemption is granted, the city administrator may specify the maximum diameter of the stockpile and any other conditions necessary to ensure compliance with the criteria set forth above.

B.

Erosion Control. All disturbed areas, including the face of any cut and fill slope, shall be prepared and maintained to control erosion. Said controls may include effective planting and shall be installed by the permittee as soon as practical prior to release of the bond referred to in Section 15.28.100.

C.

Preparation of Ground. The ground surface shall be prepared to receive fill by removing and wastehauling unsuitable or deleterious material, including but not limited to, concrete, trees, brush, car bodies and tires. The permittee shall promptly dispose of all such wastehauled materials at an appropriate site in accordance with all applicable local, county and state laws.

D.

Fill Material. Except in an approved sanitary landfill, only "clean," uncontaminated earth materials with no rocks exceeding a maximum dimension of twelve inches shall be used for fill material. Placement of larger rock may be permitted only with the specific written approval of the city's building official and as further identified in Section 3313 (Appendix 33) of the 1994 Uniform Building Code. Uncontaminated, clean, dredged spoils may only be used for fill with the express written approval of the city administrator. No contaminated soil may be utilized for fill, and the city reserves the right to order a soils test, to be conducted at the permittee's or property owner's expense.

E.

Drainage. Reasonable provisions shall be made by the permittee to ensure that:

1.

Any surface water or seepage is prevented from damaging the cut face of any excavation or the sloping face of a fill;

2.

Any surface waters that are or might be concentrated as a result of a fill or excavation are carried to a natural watercourse. An alternative means of removing said surface waters may be utilized if approved by the city administrator; and

3.

Any sediment is prevented from leaving the site.

F.

Bench/Terrace. In order to control surface drainage and debris, benches, if required by the city administrator, shall be at least ten feet in width, backsloped and established at not more than twenty-five-foot vertical intervals. Unless otherwise approved by the city administrator, swales or ditches on benches shall have a maximum gradient of three percent. In order to dissipate energy and/or mitigate erosion, the city administrator may require the permittee to install armor plating rock rip rap (eight-inch through twelve-inch size), which rip rap shall be immediately installed.

G.

Access Roads—Maintenance. Access roads to grading sites shall be maintained and located to the satisfaction of the city utilities department so as to minimize dust, mud and traffic circulation.

H.

Access Roads—Gate. When required by the city administrator, access roads to grading sites shall be controlled by a locking drive gate and fence. The permittee shall provide the city with a key to said gate.

I.

Warning Signs. Signs warning of hazardous conditions, if such exist, shall be affixed at locations as directed by the city administrators.

J.

Fencing. When required by the city administrator, fencing to protect the health, safety and welfare of people and property shall be installed by the permittee. The fence must be no less than five feet in height, and the fence material shall have no horizontal opening larger than two inches. Said fencing shall be installed with a locking gate, a key to which shall be provided to the city. Said gate must be closed and locked when work on the site has halted.

K.

Setbacks.

1.

Slopes and setbacks shall be determined by the city administrator.

2.

The tops and toes of cut and fill slopes shall be set back from property boundaries as far as is reasonably necessary for the safety of adjacent properties in order to prevent damage resulting from water runoff or erosion of said slopes.

3.

The tops and toes of cut and fill slopes shall be set back from structures as far as is reasonably necessary for adequacy of foundation support in order to prevent damage as a result of water runoff or erosion of said slopes.

L.

Excavations to Water-Producing Depth. The purpose of this section is to allow for the reclamation of land which will result in the establishment of a lake of sufficient water area and depth to be useful for residential or recreational purposes. In order to permit natural drainage, all excavations must be made to a water producing depth or backfilled and graded. Excavations made to a water-producing depth shall be reclaimed in the following manner:

1.

The depth of the excavations must not be less than two feet, measured below the low-water mark.

2.

All banks shall be sloped to the water line at a grade no steeper than three feet horizontal to one foot vertical.

3.

All banks shall be sloped from the low water line into a pond or lake at a minimum slope of three feet horizontal to one foot vertical, to a distance of at least twenty-five feet.

4.

In no event shall the term "water-producing depth" as herein used be construed so as to allow stagnant water to collect or remain in the excavation.

All work shall be performed in strict compliance with local, state and federal regulatory requirements. When regulatory conflicts exist, the most stringent requirements shall be those imposed.

M.

Hours of Operation. Unless otherwise authorized by the city administrator, hours of operation, including start-up or warm-up of equipment, shall be between seven a.m. and six p.m.

(Ord. 591 § 2 (part), 1996)

15.28.130   Land restoration.

The standards and conditions for the restoration of land in the city shall be as follows:

A.

Upon the exhaustion of minerals or materials or upon the permanent abandonment of any quarrying or mining operation, all nonconforming buildings, structures, apparatus or appurtenances accessory to the quarrying or mining operation shall be removed or otherwise dismantled by the permittee at his sole expense to the satisfaction of the city administrator;

B.

Final grades shall encourage all uses permitted within the underlying zone classification;

C.

Grading or backfilling shall be made with nonnoxious, nonflammable, noncombustible and nonputrescible solids;

D.

Except for roads, graded or backfilled areas shall be sodded or surfaced with soil in compliance with best management practices, as approved by the city administrator.

E.

Revegetation of the topsoil referred to in subsection D of this section shall be in accordance with best management practices, as approved by the city administrator.

F.

Graded or backfilled areas shall be reclaimed so that water does not collect and stagnant water does not remain in said areas. If natural drainage is not possible or adequate for that purpose, suitable drainage systems approved by the city administrator shall be constructed or installed.

G.

Waste or soil piles shall be leveled and that area shall be sodded or surfaced and planted as required in Subsections D and E of this section.

(Ord. 591 § 2 (part), 1996)

15.28.140   Forest practices.

A.

Under a Class IV general forest practice, as defined in RCW 76.09,050, all clearing and grading not otherwise exempt under Section 15.28.050 shall be subject to the requirements of this chapter. Said clearing shall be subject to the State Environmental Policy Act, and the city shall accept or assume lead agency status. The review of the Class IV forest practice application shall be consolidated with the review of the associated city development permit application and with SEPA review of the forest practice.

B.

Development applications on lands located outside the ME/F zone and cleared or graded pursuant to a Class I, II, III or IV special forest practice, as defined in RCW 76.09.050, or cleared or graded without city or Department of Natural Resources approval, shall be denied for a period of six years from the date the forest practices application is approved by the Department of Natural Resources or, if a violation, from the time the clearing occurred, unless the applicant adequately restores the site to its original condition. Restoration shall include, but is not limited to, reforestation, erosion control, sensitive area enhancement and restoration, surface water management controls, and compliance with other applicable city of Black Diamond regulations. Administrative rules promulgated by the city administrator shall further detail the means and manner of accomplishing sufficient restoration.

(Ord. 603 § 1, 1996; Ord. 591 § 2 (part), 1996)

15.28.150   Hazards.

Whenever the city administrator determines that, as a result of clearing, grading, excavation, embankment or fill, an existing site has become a hazard to life and limb, and endangers property or adversely affects the safety, use or stability of a public way or drainage channel, the owner of said site or some other person or agent in control of said site, shall, upon receipt of a written notice from the city administrator within the time specified therein, restore the site so as to eliminate the hazard and bring the site into conformance with the requirements of this chapter. If restoration has not been completed within the time established to the satisfaction of the city administrator, the city may, but shall not be obligated to, perform all necessary corrective and restorative work necessary to eliminate the hazard and bring the site into conformance with the requirements of this chapter by utilizing city employees or by employing a private contractor. Upon completion of said work, the cost thereof, plus interest at the then highest allowable legal rate, shall be due and owing to the city from the owner and his surety. In the event the city is required to bring suit or consult with an attorney to collect the costs referred to herein, the permittee and his surety shall be jointly and severally responsible for any costs and attorney's fees incurred by the city.

(Ord. 591 § 2 (part), 1996)

15.28.160   General grading inspection.

The city administrator may require periodic inspection of the work site at any reasonable time to determine if the work is being performed in accordance with the terms and conditions of the permit. If the city administrator finds that the work is not in accordance with the permit or this chapter, he may order the work stopped by written notice served in the form and manner set forth in Section 15.28.180.

(Ord. 591 § 2 (part), 1996)

15.28.170   Right of entry.

Upon presentation of proper credentials, the city administrator may, with the consent of the owner of the land or pursuant to a lawfully issued warrant, enter the premises subject to said consent or warrant for the purpose of inspection and investigation to determine compliance with a permit and/or this chapter.

(Ord. 591 § 2 (part), 1996)

15.28.180   Notice of violation.

If, after investigation or inspection, the city administrator determines that clearing or grading has occurred which is inconsistent with the purposes and requirements of this chapter or for which the required permit was not obtained or otherwise fails to comply with any term or condition of the permit, he shall cause to be served a notice of violation which separately states each violation of this chapter or the permit. Said notice shall notify the permittee and the surety of the specific items which must be completed, remedied or repaired and shall set a reasonable time for compliance. The notice may also order all operations subject to this chapter to immediately cease and not resume until authorized to do so by the city administrator. Said notice shall be served by certified mail, return receipt requested, addressed to the last known addresses of the owner and the surety. The city shall not grant any approval or development permit for the site except as required to restore the site or otherwise bring the site into conformance, until the permittee restores the site to the satisfaction of the city administrator.

(Ord. 591 § 2 (part), 1996)

15.28.190   Failure to comply with notice of violation.

In the event the items are not timely completed as directed in the notice, the city may, but shall not be obligated to, perform all necessary corrective and restorative work necessary to eliminate the hazard created by the permittee's noncompliance, by utilizing city employees or by employing a private contractor. Upon completion of said work, the cost thereof, plus interest at the then highest allowable legal rate, shall be due and owing to the city from the permittee and the surety as a joint and several liability. In no event shall the liability of the surety exceed the amount stated in its bond, regardless of the number of years the bond remains in force. In the event the city is required to bring suit or consult with an attorney to enforce the bonds or to collect the costs referred to herein, the permittee and the surety shall be responsible for any costs and attorney's fees incurred by the city.

(Ord. 591 § 2 (part), 1996)

15.28.200   Violations of this chapter.

Failure to comply with any requirements of this chapter or the conditions of any clearing and grading permit shall be considered a violation of this chapter. Any person who violates any of the provisions of this chapter shall be guilty of a misdemeanor, subject to the penalties set forth in Section 1.12.010. The city is authorized to utilize any other available legal means to enforce the provisions of this chapter.

(Ord. 591 § 2 (part), 1996)

15.28.210   Appeals.

A.

Any decision of the city administrator with respect to the enforcement or administration of this chapter shall be final unless timely appealed pursuant to the provisions of Section 15.04.230 BDMC.

(Ord. 591 § 2 (part), 1996)

(Ord. No. 943, § 4, 6-17-2010)

15.28.220   Liability.

Nothing contained in this chapter is intended to be nor shall be construed to create or form the basis for any liability on the part of the city, or its officers, employees or agents for any injury or damage resulting from the failure of an owner of property or land to comply the provisions of this chapter, or by reasons or in consequence of any inspection, notice, order or approval authorized or issued or done in connection with the implementation or enforcement of this chapter or by reason of any action or inaction on the part of the city related in any manner to the enforcement of this chapter by its officers, employees or agents.

(Ord. 591 § 2 (part), 1996)

15.28.230   Application of other ordinances.

Compliance with this chapter shall not in and of itself constitute compliance with any other code or ordinance to which property development or improvement may be subject, nor shall compliance with such other applicable codes or ordinances constitute compliance with this chapter.

(Ord. 591 § 2 (part), 1996)