Chapter 86 STORMWATER MANAGEMENT AND GRADING AND EROSION CONTROL*
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*Cross references: Buildings and building regulations, ch. 14; neighborhood preservation, ch. 62; ; streets, sidewalks, and other public places, ch. 90; subdivisions, ch. 94; subdivisions requirements for grading and erosion control, § 94-45; utilities, ch. 110; vegetation, ch. 114; zoning, ch. 122.
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Article I. In General
Secs. 86-1--86-30. Reserved.
Article II. Stormwater Management and Discharge Control
Sec. 86-31. Intent and purpose.
Sec. 86-32. Definitions.
Sec. 86-33. Responsibility for administration.
Sec. 86-34. Construction and application.
Sec. 86-35. Stormwater control plan required.
Sec. 86-36. Prohibited discharges.
Sec. 86-37. Discharge in violation of NPDES permit.
Sec. 86-38. Unlawful discharge and unlawful connections.
Sec. 86-39. Best management practices and standards.
Sec. 86-40. Compliance certificates for stormwater management facilities; financing mechanisms.
Sec. 86-41. Authority to inspect.
Sec. 86-42. Violations constituting misdemeanors.
Sec. 86-43. Penalty for violation.
Sec. 86-44. Continuing violation.
Sec. 86-45. Concealment.
Sec. 86-46. Acts potentially resulting in violation of the Federal Clean Water Act or Porter-Cologne Act.
Sec. 86-47. Violations deemed a nuisance.
Sec. 86-48. Civil actions.
Sec. 86-49. Remedies not exclusive.
Sec. 86-50. Notice of violation.
Sec. 86-51. Judicial review.
Secs. 86-52--86-70. Reserved.
Article III. Grading, Erosion, and Sedimentation Control
Sec. 86-71. Intent and purpose; general provisions.
Sec. 86-72. Definitions.
Sec. 86-73. Grading permit; reports; surety bond; erosion control measures.
Sec. 86-74. Control of work; standards for work.
Sec. 86-75. Prosecution of violations as infraction.
Sec. 86-76. Penalties.
Sec. 86-77. Continuing violations.
Sec. 86-78. Violations declared nuisance.
Sec. 86-79. Civil actions.
Sec. 86-80. Remedies not exclusive.
Sec. 86-81. Judicial review.
Sec. 86-82. Severability.
ARTICLE I. IN GENERAL
Secs. 86-1--86-30. Reserved.
ARTICLE II. STORMWATER MANAGEMENT AND DISCHARGE CONTROL
Sec. 86-31. Intent and purpose.
(a) The intent of this article is to protect and enhance the water quality in the City of Concord's watercourses pursuant to, and consistent with the Porter- Cologne Water Quality Control Act (Water Code section 13000 et seq.) and the Federal Clean Water Act (33 U.S.C section 1251 et seq.).
(Code 1965, § 5900; Ord. Nos. 95-9, 04-4)
(b) This article also carries out the conditions in the City's National Pollutant Discharge Elimination System (NPDES) permit that require, effective February 15, 2005, implementation of appropriate source control and site design measures and stormwater treatment measures for projects that create or replace one acre or more of impervious surface, and that effective August 15, 2006, reduce the threshold to projects that create or replace 10,000 square feet or more of impervious surface.
(Code 1965, § 5900; Ord. Nos. 95-9, 04-4)
(c) It is the purpose of the City Council in enacting this article to protect the health, safety and general welfare of Concord's citizens by:
(Ord. No. 04-4)
(1) Minimizing non-stormwater discharges, whose pollutants would otherwise degrade the water quality of local streams, to the stormwater system.
(Ord. No. 04-4)
(2) Minimizing increases in nonpoint source pollution caused by storm water runoff from development that would otherwise degrade local water quality.
(Ord. No. 04-4)
(3) Controlling the discharge to the City's stormwater system from spills, dumping or disposal of materials other than stormwater.
(Ord. No. 04-4)
(4) Reducing storm water run-off rates and volumes and nonpoint source pollution whenever possible, through stormwater management controls and ensuring that these management controls are properly maintained and pose no threat to public safety.
(Ord. No. 04-4)
Sec. 86-32. Definitions.
The following words and phrases when used in this article shall be as defined herein. Words and phrases in this article and not otherwise defined shall be interpreted as defined in the regulations issued by the U.S. Environmental Protection Agency to implement the provisions of the Federal Clean Water Act, and as defined by the State Water Resources Control Board to implement the Porter-Cologne Act:
(Code 1965, § 5901; Ord. Nos. 95-9, 04-4)
(a) Best management practices or "BMP" are structural devices, measures, stormwater management facilities or activities that help to meet development runoff requirements at the premises. BMP also include schedules of activities, prohibitions or practices, general good housekeeping, pollution prevention practices, maintenance procedures and other management practices, to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands.
(Ord. No. 04-4)
(b) City's NPDES permit shall mean the NPDES permit issued to the City of Concord, Permit No. CAS0029912, and any subsequent amendment, reissuance or successor to this NPDES permit.
(Ord. No. 04-4)
(c) Development runoff requirements shall mean the provisions in the City's NPDES permit that contain performance standards to address both the construction and post-construction phase impacts of new projects and redeveloped projects on stormwater quality. In the City's 1999 NPDES permit these requirements are in section C. 3.
(Ord. No. 04-4)
(d) Director shall mean the Director of Public Works for the City of Concord or his or her designee.
(Ord. No. 04-4)
(e) Officer shall mean those individuals designated by the Director to act as authorized enforcement officers.
(Ord. No. 04-4)
(f) Guidebook shall mean the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
(Ord. No. 04-4)
(g) Non-stormwater discharge is any addition of any pollutant to the City's stormwater system, except discharges pursuant to a NPDES permit, or discharges further exempted in Section 86-36(c) and (d) of this article.
(Ord. No. 04-4)
(h) Pollutant shall mean any material other than stormwater including, but not limited to, petroleum products or by-products, solid waste, incinerator residue, sewage, sewage sludge, heat, chemical waste, biological materials, radioactive materials, wrecked or discarded equipment, rock, sand, soil and industrial, municipal or agricultural waste discharged into the water or stormwater system.
(Ord. No. 04-4)
(i) Premises shall mean any building, structure, facility, or installation, (including a building's grounds or other appurtenances), and adjacent sidewalks and parking strips.
(Ord. No. 04-4)
(j) Responsible person shall mean the owner or occupant of any premises who engages in any activity from which there is or may be a non- stormwater discharge or any person who releases pollutants to the City's stormwater system.
(Ord. No. 04-4)
(k) Stormwater shall mean flow on the surface of the ground resulting from precipitation.
(Ord. No. 04-4)
(l) Stormwater management facility shall mean any device designated to detain, retain, filter, or infiltrate stormwater.
(Ord. No. 04-4)
(m) Stormwater control plan shall mean a plan that meets those criteria contained in the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
(Ord. No. 04-4)
(n) Stormwater system is that system of facilities by which stormwater may be conveyed to any stream, watercourse, other body of water or wetlands, including flood control channels, any roads with drainage systems, city streets, catch basins, curbs, gutters, ditches, improved channels, storm drains or storm drain system, which are not part of a Publicly Owned Treatment Works ("POTW") as that term is defined in 40 CFR section 122.2.
(Ord. No. 04-4)
Cross references: Definitions generally, § 1-10.
Sec. 86-33. Responsibility for administration.
The Director shall administer this article for the City.
(Code 1965, § 5902; Ord. Nos. 95-9, 04-4)
Sec. 86-34. Construction and application.
This article shall be construed consistent with the requirements of the Federal Clean Water Act and amendments thereto or applicable implementing regulations and the City's NPDES permit.
(Code 1965, § 5903; Ord. Nos. 95-9, 04-4)
Sec. 86-35. Stormwater control plan required.
(a) Every application for a development project, including but not limited to a rezoning, tentative map, parcel map, conditional use permit, variance, site development permit, design review, or building permit that is subject to the development runoff requirements in the City's NPDES permit shall be accompanied by a stormwater control plan that meets the criteria in the most recent version of the Contra Costa Clean Water Program Stormwater C. 3. Guidebook.
(Code 1965, § 5904; Ord. Nos. 95-9, 04-4)
(1) Effective February 15, 2005, this requirement shall apply to:
(Ord. No. 04-4)
a. All developments that create one acre (43,560 square feet) or more of impervious surface. Excluded from this category is the construction of one single family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriately treat runoff from roof and house-associated impervious surfaces.
(Ord. No. 04-4)
b. Streets and road projects that create one acre (43,560 square feet) or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
(Ord. No. 04-4)
c. Projects on previously developed sites that result in the addition or replacement of a combined total of one acre (43,560 square feet) or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right-of-way where both sides of that right-of- way are developed.
(Ord. No. 04-4)
(2) Effective August 15, 2006, this requirement shall apply to:
(Ord. No. 04-4)
a. All developments that create 10,000 square feet or more of impervious surface. Excluded from this category is the construction of one single family home, which is not part of a larger plan of development, with appropriate pollutant source control and site design measures, and using landscaping to appropriate treat runoff from roof and house-associated impervious surfaces.
(Ord. No. 04-4)
b. Streets and road projects that create 10,000 square feet or more of new impervious surface. Excluded from this category are sidewalks, bicycle lanes, trails, bridge accessories, guardrails, and landscape features.
(Ord. No. 04-4)
c. Projects on previously developed sites that result in the addition or replacement of a combined total of 10,000 square feet or more of impervious surface. Excluded from this category are interior remodels and routine maintenance or repair. Excluded routine maintenance and repair includes roof or exterior surface replacement, pavement resurfacing, repaving and road pavement structural section rehabilitation within the existing footprint, and any other reconstruction work within a public street or road right- of-way where both sides of that right-of-way are developed.
(Ord. No. 04-4)
(3) Subsections (a)(1) and (a)(2) shall be interpreted in a manner that is consistent with the development runoff requirements and exclusions in the City's NPDES permit.
(Ord. No. 04-4)
a. Implementation of an approved stormwater control plan and submittal of an approved stormwater control operation and maintenance plan by the applicant shall be a condition precedent to the issuance of a certificate of occupancy for a project subject to this section.
(Ord. No. 04-4)
b. All stormwater management facilities shall be designed in a manner to minimize the need for maintenance and reduce the chances of failure. Design guidelines are outlined in the Guidebook.
(Ord. No. 04-4)
c. All stormwater management facilities shall be maintained according to the Guidebook and the approved stormwater control maintenance plan. The person(s) or organization(s) responsible for maintenance shall be designated in the plan. Unless a different time period is provided for in the plan, those responsible for maintenance shall inspect the stormwater management facility at least annually. The plan shall also describe how the maintenance costs shall be funded. Upon the failure of a responsible person to maintain a stormwater management facility in accordance with this article or the plan, the City may perform the maintenance and recover its costs from the responsible person as provided in sections 86-47 and 86-48.
(Ord. No. 04-4)
d. For access to stormwater management facilities for inspections and maintenance, recorded covenants or easements shall be provided by the property owner for access by the City, the Contra Costa Mosquito and Vector Control District, and the Regional Water Quality Control Board.
(Ord. No. 04-4)
Sec. 86-36. Prohibited discharges.
(a) The release of non-stormwater discharges to the City stormwater system is prohibited.
(Code 1965, § 5905; Ord. Nos. 95-9, 04-4)
(b) The discharge of stormwater from premises or an activity that causes or contributes to a violation of receiving water limitations in the City's NPDES permit is prohibited.
(Ord. No. 04-4)
(c) The following discharges are exempt from the prohibition set forth in subsection (a) above:
(Ord. No. 04-4)
(1) Any discharge in compliance with a NPDES permit issued to the discharger.
(Ord. No. 04-4)
(2) Flows from riparian habitats and wetlands, diverted stream flows, springs, rising groundwater and uncontaminated groundwater infiltration.
(Ord. No. 04-4)
(d) The following discharges are exempt from the prohibitions set forth subsection (a) above if the Regional Water Quality Control Board approves the exempted category under section C. 11. of the City's NPDES permit: uncontaminated pumped groundwater, foundation drains, water from crawl space pumps, footing drains, air conditioning condensate, irrigation water, landscape irrigation, lawn or garden watering, planned and unplanned discharges from potable water sources, water line and hydrant flushing, individual residential car washing, discharges or flows from emergency fire fighting activities, and dechlorinated swimming pool discharges.
(Ord. No. 04-4)
Sec. 86-37. Discharge in violation of NPDES permit.
Any discharge that would result in or contribute to a violation of the City's NPDES permit either separately considered or when combined with other discharges, is prohibited. Liability for any such discharge shall be the responsibility of the person causing or responsible for the discharge, and such person shall defend, indemnify and hold harmless the City in any administrative or judicial enforcement action relating to such discharge.
(Code 1965, § 5906; Ord. Nos. 95-9, 04-4)
Sec. 86-38. Unlawful discharge and unlawful connections.
(a) It is unlawful to establish, use, maintain or continue unauthorized drainage connections to the City's stormwater system, and to commence or continue any unauthorized discharges to the City's stormwater system.
(Code 1965, § 5907; Ord. Nos. 95-9, 04-4)
(b) No discharge shall cause the following conditions, create a nuisance or adversely affect beneficial uses of waters of the State:
(Code 1965, § 5907; Ord. No. 95-9)
(1) Floating, suspended or deposited macroscopic matter or foam;
(Ord. No. 04-4)
(2) Bottom deposits or aquatic growth;
(Ord. No. 04-4)
(3) Alterations of temperature, sediment load, nutrient load, or dissolved oxygen, which cause significant adverse impacts to native aquatic biota;
(Ord. No. 04-4)
(4) Visible, floating, suspended or deposited oil or products of petroleum origin; or,
(Ord. No. 04-4)
(5) Substances present in concentrations or quantities which cause deleterious effects on aquatic biota, wildlife or waterfowl, or which render any of these unfit for human consumption
(Ord. No. 04-4)
Sec. 86-39. Best management practices and standards.
(a) Generally. Any person owning or operating premises that may contribute pollutants to the City's stormwater system shall undertake all practicable best management practices to reduce the potential for pollutants entering the system. Examples of such premises include, but are not limited to, parking lots, gasoline stations, industrial facilities, and other commercial enterprises.
(Code 1965, § 5908; Ord. Nos. 95-9, 04-4)
(b) Litter. No person shall throw, deposit, leave, keep or permit to be thrown, deposited, placed, left or maintained, any refuse, rubbish, garbage or other discarded or abandoned objects, articles or other litter in or upon any street, alley, sidewalk, gutter, business place, creek, stormwater system, fountain, pool, lake, stream, river or any other body of water, or upon any public or private parcel of land so that the same might become a pollutant, except in containers or in lawfully established waste disposal facilities.
(Code 1965, § 5908; Ord. Nos. 95-9, 04-4)
(c) Sidewalks. The owner or occupant of any real property in front of which there is a paved sidewalk shall maintain said sidewalk free of dirt or litter to the maximum extent practicable. Sweepings from the sidewalk shall not be swept or otherwise made or allowed to go into the gutter or roadway, but shall be disposed of in receptacles maintained as required for the disposal of solid waste.
(Code 1965, § 5908; Ord. Nos. 95-9, 04-4)
(d) Parking Lots, Paved Areas and Related Stormwater Systems. Persons owning, operating or maintaining a paved parking lot, the paved areas of a gasoline station, a paved private street or road, and related stormwater systems shall clean those premises as frequently and thoroughly as practicable in a manner that does not result in the discharge of pollutants to the City's stormwater system.
(Code 1965, § 5908; Ord. Nos. 95-9, 04-4)
(e) Construction Activities. All construction shall conform to the requirements of the CASQA Stormwater Best Management Practices Handbooks for Construction Activities and New Development and Redevelopment, the ABAG Manual of Standards for Erosion & Sediment Control Measures, the City's grading and erosion control ordinance and other generally accepted engineering practices for erosion control as required by the Director when undertaking construction activities. The Director may establish controls on the rate of stormwater runoff from new developments and redevelopment as may be appropriate to minimize the discharge and transport of pollutants.
(Ord. No. 04-4)
(f) Notification of Intent and Compliance with General Permits. Each discharger associated with construction activity or other discharger described in any general stormwater permit addressing discharges, as may be adopted by the United States Environmental Protection Agency, the State Water Resources Control Board, or the California Regional Water Quality Control Board, San Francisco Bay Region, shall provide the Director with the notice of intent, comply with and undertake all other activities required by any general stormwater permit applicable to such dischargers. Each discharger identified in an individual NPDES permit relating to stormwater discharges shall comply with and undertake all activities required by the permit.
(Ord. No. 04-4)
(g) Development Runoff Requirements. For each new development and redevelopment project subject to the development runoff requirements, every applicant shall submit a stormwater control plan and implement conditions of approval that reduce stormwater pollutant discharges through the construction, operation and maintenance of treatment measures and other appropriate source control and site design measures. Similarly, increases in runoff volume and flows shall be managed in accordance with the development runoff requirements.
(Ord. No. 04-4)
(h) Compliance with Best Management Practices. Where best management practices guidelines or requirements have been adopted by any federal, state, regional, city or county agency, for any activity, or operation of premises which may cause or contribute to non-stormwater discharges, every person undertaking such activity, operation or owning and operating such premises shall comply with such guidelines or requirements.
(Ord. No. 04-4)
(i) Stormwater Pollution Prevention Plan. The Director may require any business or utility in the City that is engaged in activities that may result in non-stormwater discharges or runoff pollutants to develop and implement a stormwater pollution prevention plan, which must include an employee training program. Business activities which may require a stormwater pollution prevention plan include maintenance, storage, manufacturing, assembly, equipment operations, vehicle loading, fueling, vehicle maintenance, food handling or processing, or cleanup procedures which is carried out partially or wholly out of doors.
(Ord. No. 04-4)
(j) Coordination with Hazardous Material Release Response and Inventory Plans. Any business subject to the Hazardous Material Release Response and Inventory Plan, Division 20, chapter 6.95 of the California Health and Safety Code (commencing with section 25500), shall include, in that Plan, provision for compliance with this article, including the prohibitions of non- stormwater discharges and the requirement to reduce release of pollutants to the maximum extent practicable.
(Ord. No. 04-4)
Sec. 86-40. Compliance certificates for stormwater management facilities; financing mechanisms.
(a) Every person who owns, leases or operates any premises containing a stormwater management facility or facilities is required to obtain annually a valid operation and maintenance certificate of compliance certifying to the inspection of and the proper operation and maintenance of the treatment measures and other appropriate source control and site design measures. Each responsible person subject to this requirement shall request an inspection from the City every twelve (12) months. Upon the filing of such request, and the payment of a fee covering the cost of inspection, the City shall inspect the property and shall (l) either issue such certificate upon a determination by the inspector that all treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, or (2) issue a conditional certificate noting deficiencies that must be corrected within a time indicated on the certificate, or deny the certificate. A certificate shall be valid for one year from the date of issuance. The City Council may by resolution establish the fee for the inspection and certificate.
(Code 1965, § 5909; Ord. Nos. 95-9, 04-4)
(b) In lieu of a City inspection, and at the City's option, such person may arrange for an inspection from a private company authorized to conduct inspections by the City. Such company shall use a City-approved inspection form that shall be executed under penalty of perjury. Should such inspection form establish that the treatment measures and other appropriate source control and site design measures have been properly maintained and are in good condition, the City may issue an operation and maintenance certificate of compliance or the City may at its cost re-inspect the property and proceed as described in subsection (a). The filing of a false inspection report shall be a misdemeanor.
(Ord. No. 04-4)
(c) As an alternative to subsections (a) and (b), the City may require an applicant seeking approval of a development project to establish a benefit assessment district or other appropriate financing mechanism to fund compliance with the requirements of this article, including but not limited to inspections, maintenance, monitoring, and reporting activities, as well as capital replacement costs for stormwater management facilities. Any such financing mechanism shall provide for annual adjustments as necessary to cover increased costs due to inflation, as determined appropriate by the Director.
(Ord. No. 04-4)
Sec. 86-41. Authority to inspect.
(a) Generally. Routine or scheduled inspections shall be based upon as reasonable a selection process as may be deemed necessary to carry out the intent of this article, including, but not limited to, random sampling or sampling in areas with evidence of stormwater contamination, evidence of the discharge of non-stormwater to the stormwater system, or similar activities. Inspections may also be conducted in conjunction with routine or scheduled inspections conducted by other public agencies or special district, including but not limited to the Central Contra Costa Sanitary District, the Contra Costa County Fire Protection District, County Environmental Health Department, the Contra Costa Mosquito and Vector Control District, or the Regional Water Quality Control Board.
(Code 1965, § 5910; Ord. Nos. 95-9, 04-4)
(b) Authority to Sample and Establish Sampling Devices. With the consent of the owner or occupant, or pursuant to a search or inspection warrant, any Officer may establish on any property such devices as are necessary to conduct sampling or metering operations. During all authorized inspections, the Officer may take any sample deemed necessary to aid in the pursuit of the inquiry or in the recordation of the activities on site.
(Code 1965, § 5910; Ord. Nos. 95-9, 04-4)
(c) Notification of Spills. All persons in charge of the premises or responsible for emergency response for the premises have a responsibility to train premises' personnel and maintain notification procedures to ensure that immediate notification is provided to the City of any suspected, confirmed or unconfirmed release of pollutants creating a risk of non-stormwater discharge into the City stormwater system.
As soon as any person in charge of the premises or responsible for emergency response for the premises has knowledge of any suspected, confirmed or unconfirmed release of non-stormwater discharge entering the City stormwater system, such person shall take all necessary steps to ensure the detection and containment and clean up of such release and shall notify the City of the occurrence by telephoning the Director. This notification requirement is in addition to and not in lieu of other required notifications.
(Ord. No. 04-4)
(d) Requirement to Test or Monitor. Any Officer may require that any person engaged in any activity or owning or operating any premises that may cause or contribute to non-stormwater discharges, undertake such monitoring activities or analysis and furnish such reports as the Officer may specify. The burden, including costs of these activities, analysis and reports shall bear a reasonable relationship to the need for the monitoring, analysis and reports and the benefits to be obtained. The recipient of such request shall undertake and provide the monitoring, analysis and reports required.
(Ord. No. 04-4)
Sec. 86-42. Violations constituting misdemeanors.
The violation of any provision of this article, or failure to comply with any of the mandatory requirements of this article shall constitute a misdemeanor, except that notwithstanding any other provisions of this article, any violation constituting a misdemeanor under this article may, at the discretion of the Officer or City Attorney, be charged and prosecuted as an infraction.
(Code 1965, § 5911; Ord. Nos. 95-9, 04-4)
Sec. 86-43. Penalty for violation.
(a) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in California Government Code section 36901.
(Code 1965, § 5912; Ord. Nos. 95-9, 04-4)
(b) Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in California Government Code section 36900.
(Ord. No. 04-4)
Sec. 86-44. Continuing violation.
Every day that any violation of this article shall continue shall constitute a separate offense.
(Code 1965, § 5913; Ord. Nos. 95-9, 0-4)
Sec. 86-45. Concealment.
Concealing, aiding or abetting a violation of any provision of this article shall constitute a violation of such provision.
(Code 1965, § 5914; Ord. Nos. 95-9, 04-4)
Sec. 86-46. Acts potentially resulting in violation of the Federal Clean Water Act or Porter-Cologne Act.
Any person who violates any provision of this article, or the provisions of any permit issued pursuant to this article, or who releases a non- stormwater discharge, or who violates any cease and desist order, prohibition or effluent limitation, may also be in violation of the Federal Clean Water Act or the Porter-Cologne Act and may be subject to the enforcement provisions of those acts, including civil and criminal penalties. Any enforcement actions authorized pursuant to this article may also include notice to the violator of such potential liability pursuant to federal or state law.
(Code 1965, § 5915; Ord. Nos. 95-9, 04-4)
Sec. 86-47. Violations deemed a nuisance.
In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to the public health, safety and welfare. Such condition is hereby declared and deemed to be a nuisance, which may be abated as provided in Chapter 62-38 of this Code including the assessment of the costs of abatement which may be collected at the same time and in the same manner as ordinary municipal taxes as provided by Government Code section 38773.5, and by civil action to abate, enjoin or otherwise compel the cessation of such nuisance by the City Attorney.
(Code 1965, § 5916; Ord. Nos. 95-9, 04-4)
Sec. 86-48. Civil actions.
(a) In addition to any other remedies provided in this article, any violation of this article may be enforced by civil action brought by the City. In any such action, the City may seek, as appropriate, any and all of the following remedies:
(Code 1965, § 5917; Ord. Nos. 95-9, 04-4)
(1) A temporary restraining order, preliminary injunction and permanent injunction;
(Ord. No. 04-4)
(2) An action for an unlawful business practice pursuant to Business and Professions Code section 17206;
(Ord. No. 04-4)
(b) In addition any person violating this article shall be liable for:
(Ord. No. 04-4)
(1) Reimbursement for the costs of any investigation, inspection or monitoring which led to the discovery of the violation;
(Ord. No. 04-4)
(2) Costs incurred in removing, correcting, or terminating the adverse effect(s) resulting from the violation;
(Ord. No. 04-4)
(3) Compensatory damages for the loss of, or destruction to, water quality, wildlife, fish or aquatic life. Costs and damages under this subsection shall be paid to the City and shall be used exclusively for costs associated with monitoring and establishing a stormwater discharge pollution control system and implementing or enforcing the provisions of this article;
(Ord. No. 04-4)
(4) The cost of maintenance and repair of any BMP or stormwater management facility that is not maintained in accordance with the guidebook or the stormwater control plan;
(Ord. No. 04-4)
(5) The reasonable costs of preparing and bringing administrative action under this article.
(Ord. No. 04-4)
Sec. 86-49. Remedies not exclusive.
The remedies identified in this article are in addition to, and do not supersede or limit, any and all other remedies, administrative, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Code 1965, § 5918; Ord. Nos. 95-9, 04-4)
Sec. 86-50. Notice of violation.
Any person required to perform monitoring, analysis, reporting or corrective activity by any Officer may be informed of such decision, in writing, by a notice of violation. Any person aggrieved by the decision of the Officer may file a written appeal of the notice of violation to the Director within 10 (ten) days following the date of the notice of violation. Upon receipt of such request, the Director shall request a report and recommendation from the Officer and shall set the matter for hearing at the earliest practical date. At said hearing, the Director may hear additional evidence, and may reject, affirm or modify the Officer's decision. The decision of the Director shall be final.
(Ord. No. 04-4)
Sec. 86-51. Judicial review.
The provisions of Code of Civil Procedure section 1094.5 are applicable to judicial review of determinations made by the Director pursuant to this Article.
(Ord. No. 04-4)
Secs. 86-52--86-70. Reserved.
ARTICLE III. GRADING, EROSION, AND SEDIMENTATION CONTROL*
__________
*Cross references: Streets, sidewalks, and other public places, ch. 90.
__________
Sec. 86-71. Intent and purpose; general provisions.
(a) Intent. The intent of this article is to protect life, limb, and property, promote and enhance the public welfare and a superior community environment, and preserve the natural scenic character of the city by establishing applicable standards, requirements, and procedures relating to grading, erosion, and sedimentation control.
(Code 1965, § 7280; Ord. No. 97-13)
(b) Purpose. The purpose of this article is to ensure that grading is conducted:
(Code 1965, § 7280; Ord. No. 97-13)
(1) In a manner with least adverse effect upon persons and properties; and
(Code 1965, § 7280; Ord. No. 97-13)
(2) In conformance with applicable standards, requirements, and procedures.
(Code 1965, § 7280; Ord. No. 97-13)
(c) Scope. This article sets forth rules and regulations to control grading, erosion, and sedimentation, and to establish the administrative procedures and requirements for the preparation, review, and approval of grading plans, issuance of grading permits, and inspection of grading.
(Code 1965, § 7280; Ord. No. 97-13)
(d) Prohibited acts. The following are prohibited:
(Code 1965, § 7280; Ord. No. 97-13)
(1) Grading without a permit from the City Engineer, except as provided for in section 86-73(b) (emergency grading) and section 86- 73(c) (exceptions to permit requirements);
(Code 1965, § 7280; Ord. No. 97-13)
(2) Grading that will:
(Code 1965, § 7280; Ord. No. 97-13)
a. Cause erosion or sediment onto adjacent property or on public streets; or
(Code 1965, § 7280; Ord. No. 97-13)
b. Obstruct or otherwise interfere with drainage, or deposit sediment in natural or artificial drainage facilities; or
(Code 1965, § 7280; Ord. No. 97-13)
c. Alter drainage facilities or courses without first obtaining a grading permit.
(Code 1965, § 7280; Ord. No. 97-13)
(3) Activities not in compliance with best management practices (BMPs).
(Code 1965, § 7280; Ord. No. 97-13)
(e) Administration and enforcement. The City Engineer shall administer and enforce the provisions of this article.
(Code 1965, § 7280; Ord. No. 97-13)
Sec. 86-72. Definitions.
For purposes of this article, unless it is plainly evident from the context that a different meaning is intended, certain words, terms, and phrases used herein are defined below. The singular shall be taken to mean the plural, and the plural shall mean the singular when required by the context of this article.
(Code 1965, § 7281; Ord. No. 97-13)
Applicant. The property owner, or its authorized agent requesting a grading permit.
(Code 1965, § 7281; Ord. No. 97-13)
Bedrock. A relatively solid, structured material in place either at the ground surface or beneath surficial deposits of soil.
(Code 1965, § 7281; Ord. No. 97-13)
Bench. A relatively level surface interrupting the slope of an excavation or embankment.
(Code 1965, § 7281; Ord. No. 97-13)
Best management practices (BMPs). Schedules of activities, prohibitions or practices, general good housekeeping practices, pollution prevention practices, maintenance procedures, and other management practices to prevent or reduce the discharge of pollutants directly or indirectly to watercourses, water bodies, and wetlands. Best management practices also include treatment requirements, operating procedures, design specifications, and practices to control site runoff, spillage or leaks, and waste disposal.
(Code 1965, § 7281; Ord. No. 97-13)
Borrow. Earth material acquired from an off-site location.
(Code 1965, § 7281; Ord. No. 97-13)
Building pad. That area of a lot, parcel, or site which will be occupied by a building and related structures.
(Code 1965, § 7281; Ord. No. 97-13)
City. City of Concord.
(Code 1965, § 7281; Ord. No. 97-13)
City Engineer. The City Engineer of the City of Concord or its authorized designee.
(Code 1965, § 7281; Ord. No. 97-13)
Civil engineer. An engineer licensed in the state to practice civil engineering.
(Code 1965, § 7281; Ord. No. 97-13)
Clearing and grubbing. Site preparation consisting of, but not limited to, the removal of vegetation.
(Code 1965, § 7281; Ord. No. 97-13)
Critically expansive soil. Soil conditions which have the potential to cause damage to improvements, including streets, structures, and buildings.
(Code 1965, § 7281; Ord. No. 97-13)
Cut slope. A finished or interim surface along an inclined plane resulting from grading.
(Code 1965, § 7281; Ord. No. 97-13)
Diversion. A facility such as a ditch or berm constructed to intercept and divert surface runoff.
(Code 1965, § 7281; Ord. No. 97-13)
Earth material. Any rock, soil, or any combination thereof.
(Code 1965, § 7281; Ord. No. 97-13)
Elevation. The vertical distance above an established datum.
(Code 1965, § 7281; Ord. No. 97-13)
Engineering geologist. A person licensed by the state to practice engineering geology.
(Code 1965, § 7281; Ord. No. 97-13)
Engineering geology. The application of geological data and principles to engineering problems dealing with rock and soil.
(Code 1965, § 7281; Ord. No. 97-13)
Erosion. The wearing away, detachment, and movement of the ground surface by wind, water, ice, or gravity action.
(Code 1965, § 7281; Ord. No. 97-13)
Erosion and sediment control manual. The latest edition entitled "Manual of Standards for Erosion and Sediment Control Measures," published by Association of Bay Area Governments (ABAG).
(Code 1965, § 7281; Ord. No. 97-13)
Excavation (cut). Any act by which earth material is removed.
(Code 1965, § 7281; Ord. No. 97-13)
Fill. A deposit of earth material placed by artificial means.
(Code 1965, § 7281; Ord. No. 97-13)
Final erosion and sediment control plan. A plan that depicts the permanent erosion control measures approved by the City Engineer.
(Code 1965, § 7281; Ord. No. 97-13)
Geologic report. A report prepared by an engineering geologist or a civil engineer dealing with geological features and characteristics such as fault line, fault creep, landslide, and seismic hazards (see section 86-73(k)).
(Code 1965, § 7281; Ord. No. 97-13)
Geotechnical engineer/soil engineer. A civil engineer who is experienced in the field of engineering as described in the definition of "geotechnical/soil engineering" in this section.
(Code 1965, § 7281; Ord. No. 97-13)
Geotechnical/soil engineering. The application of the principles of soil mechanics in the investigation, evaluation, and design of civil engineering works involving the use of earth materials and the inspection and testing of the construction thereof.
(Code 1965, § 7281; Ord. No. 97-13)
Geotechnical/soil report. A report prepared by a geotechnical engineer dealing with items such as field test results, observations regarding the nature, distribution, and strength of existing soils and recommendations and conclusions for grading procedures and designs (see section 86-73(m)).
(Code 1965, § 7281; Ord. No. 97-13)
Grade. The elevation of a ground surface:
(Code 1965, § 7281; Ord. No. 97-13)
(1) Existing or natural grade. The grade prior to grading;
(Code 1965, § 7281; Ord. No. 97-13)
(2) Rough grade. The temporary grade which approximates the finished grade;
(Code 1965, § 7281; Ord. No. 97-13)
(3) Finished grade. The completed grade constructed in accordance with the approved plan.
(Code 1965, § 7281; Ord. No. 97-13)
Grading. Any excavation (cut), filling, stripping, stockpiling, clearing, and grubbing, or any combination thereof, which alters land or vegetation.
(Code 1965, § 7281; Ord. No. 97-13)
Hillside site. A site within the limits of grading having an average slope of 15 percent or greater.
(Code 1965, § 7281; Ord. No. 97-13)
Holidays. Days observed as legal holidays by the city.
(Code 1965, § 7281; Ord. No. 97-13)
Hydro-mulching. The application of plant residue or other suitable materials to the land surface to conserve moisture, hold soil in place, and aid in establishing plant growth.
(Code 1965, § 7281; Ord. No. 97-13)
Interim erosion and sediment control plan. A plan that depicts a set of erosion and sediment control measures for an uncompleted project.
(Code 1965, § 7281; Ord. No. 97-13)
Permittee. The applicant to whom the permit is issued.
(Code 1965, § 7281; Ord. No. 97-13)
Pollutants. Any material other than stormwater, including but not limited to rock, sand, building materials, waste, and litter discharged into the city's stormwater system as defined in article II of this chapter.
(Code 1965, § 7281; Ord. No. 97-13)
Rainy or wet season. The period of time between October 15 and April 15 inclusive.
(Code 1965, § 7281; Ord. No. 97-13)
Relative compaction. The ratio of the field dry or wet density to the laboratory maximum dry or adjusted wet density respectively, expressed as a percentage.
(Code 1965, § 7281; Ord. No. 97-13)
Runoff. The surface flow of water.
(Code 1965, § 7281; Ord. No. 97-13)
Sediment. Earth material deposited by action of water, wind, or gravity.
(Code 1965, § 7281; Ord. No. 97-13)
Sedimentation. The process by which soil, mineral, or organic matter is removed, transported, and deposited by action of water, wind, or gravity.
(Code 1965, § 7281; Ord. No. 97-13)
Sediment basin. A reservoir which retards flow so as to cause or allow deposition of transported sediment.
(Code 1965, § 7281; Ord. No. 97-13)
Site. Any lot or parcel of land or contiguous combination where grading is to be performed.
(Code 1965, § 7281; Ord. No. 97-13)
Slope. The inclination of a ground surface expressed as the:
(Code 1965, § 7281; Ord. No. 97-13)
(1) Ratio of horizontal distance to vertical distance; or
(Code 1965, § 7281; Ord. No. 97-13)
(2) Ratio of vertical distance to horizontal distance expressed in percent.
(Code 1965, § 7281; Ord. No. 97-13)
Soil. Earth material of whatever origin that overlies bedrock.
(Code 1965, § 7281; Ord. No. 97-13)
Stockpile. Earth, rock, gravel, sand, or other similar material temporarily stored prior to final disposition.
(Code 1965, § 7281; Ord. No. 97-13)
Terrace. A relatively level area constructed in a face of a slope surface for drainage and maintenance purposes.
(Code 1965, § 7281; Ord. No. 97-13)
Vicinity map. A visual representation of the project site in relationship to significant geographic features such as watercourses, water bodies, roads, and other significant structures.
(Code 1965, § 7281; Ord. No. 97-13)
Watercourse. A drainage channel or natural creek.
(Code 1965, § 7281; Ord. No. 97-13)
Cross references: Definitions generally, § 1-10.
Sec. 86-73. Grading permit; reports; surety bond; erosion control measures.
(a) Grading permit required. Except as provided in subsection (b) of this section (emergency grading), and subsection (c) of this section (exceptions to permit requirements), no person shall perform or cause any grading without a grading permit.
(Code 1965, § 7282; Ord. No. 97-13)
(b) Emergency grading. Grading of an emergency nature to safeguard life or property may be undertaken prior to the issuance of a grading permit. The City Engineer shall be notified within 48 hours of the commencement of emergency work, unless such work is exempted in accordance with the provisions of subsection (c) of this section (exceptions to permit requirements). The grading permit shall be obtained no later than 14 calendar days after the commencement of the emergency work.
(Code 1965, § 7282; Ord. No. 97-13)
(c) Exceptions from grading permit. A grading permit may be waived when in the opinion of the City Engineer one or more of the following conditions apply:
(Code 1965, § 7282; Ord. No. 97-13)
(1) The excavation or fill at any location:
(Code 1965, § 7282; Ord. No. 97-13)
a. Is less than five feet deep and adequately supported by a retaining structure designed in accordance with the adopted Uniform Building Code; and
(Code 1965, § 7282; Ord. No. 97-13)
b. Does not create a slope steeper than two horizontal to one vertical.
(Code 1965, § 7282; Ord. No. 97-13)
(2) The volume of excavation or fill does not exceed 50 cubic yards, provided:
(Code 1965, § 7282; Ord. No. 97-13)
a. The excavation or fill does not obstruct a drainage course or alter existing drainage patterns, and does not add pollutants to the storm drain system, creeks, or other waterways; or
(Code 1965, § 7282; Ord. No. 97-13)
b. The excavation or fill is less than five feet at its deepest point, measured vertically upward from natural grade to the surface; or
(Code 1965, § 7282; Ord. No. 97-13)
c. The fill is not intended to support structures; or
(Code 1965, § 7282; Ord. No. 97-13)
d. The fill is placed on natural grade that has a slope not steeper than five horizontal to one vertical; or
(Code 1965, § 7282; Ord. No. 97-13)
e. The proposed grading or resulting grades will not adversely impact abutting properties.
(Code 1965, § 7282; Ord. No. 97-13)
f. Minor land leveling for agricultural farming and gardening if the ground elevation stays substantially the same and the drainage pattern is not altered.
(Code 1965, § 7282; Ord. No. 97-13)
g. Cemetery graves.
(Code 1965, § 7282; Ord. No. 97-13)
h. An excavation below finished grade for basements and footings of structures authorized by a valid building permit.
(Code 1965, § 7282; Ord. No. 97-13)
i. The trench excavations authorized by a valid permit for the purpose of installing underground utilities, if to be backfilled to natural or existing grade.
(Code 1965, § 7282; Ord. No. 97-13)
j. Grading in refuse disposal areas and sanitary landfills, mining, quarrying, processing or stockpiling of rock, sand, gravel, aggregate, or clay, for which a development permit has been granted, provided:
(Code 1965, § 7282; Ord. No. 97-13)
k. Such operations do not affect the lateral support or increase the stresses in, or pressure upon, any adjacent or contiguous property; and
(Code 1965, § 7282; Ord. No. 97-13)
l. Such operations are consistent with the grading practices set forth herein; and
(Code 1965, § 7282; Ord. No. 97-13)
m. The work does not block or divert any natural drainageway or increase runoff or sedimentation onto any adjacent or contiguous property.
(Code 1965, § 7282; Ord. No. 97-13)
(3) Grading is conducted by an agency of the federal government, the state government, or the city.
(Code 1965, § 7282; Ord. No. 97-13)
(4) Stockpiles of topsoil materials are not placed within a public right-of-way, do not obstruct drainageways, are not subject to erosion, do not endanger other properties, and do not create a public nuisance or safety hazard. The land shall be restored to its original condition after removal of stockpiles.
(Code 1965, § 7282; Ord. No. 97-13)
(5) Construction of fire trails, access roads to public utilities, and gas and electric transmission lines provided the drainage pattern remains the same.
(Code 1965, § 7282; Ord. No. 97-13)
(6) Clearing of vegetation when all of the following conditions are met:
(Code 1965, § 7282; Ord. No. 97-13)
a. The slope of the ground is less than 15 percent; and
(Code 1965, § 7282; Ord. No. 97-13)
b. The area to be cleared is one acre or less; and
(Code 1965, § 7282; Ord. No. 97-13)
c. Clearing is more than 100 feet away from the top bank of a watercourse or other water body; and
(Code 1965, § 7282; Ord. No. 97-13)
d. Clearing will not result in erosion.
(Code 1965, § 7282; Ord. No. 97-13)
(7) Construction of water wells.
(Code 1965, § 7282; Ord. No. 97-13)
(8) Construction of test trenches, pits, and bores within private property under the supervision of a professional such as civil engineer or engineering geologist, provided the drainage pattern remains the same.
(Code 1965, § 7282; Ord. No. 97-13)
(9) Placement of fill above existing grade, which will be retained by the exterior wall of a building, a retaining wall, swimming pool, or other structure authorized by a valid building permit, when the existing and finished ground slope is less than 15 percent.
(Code 1965, § 7282; Ord. No. 97-13)
(10) Grading within a street to conform to elevations approved by the City Engineer and for which a permit has been issued under the provisions of chapter 90, article VII (Street Encroachments) of this Code.
(Code 1965, § 7282; Ord. No. 97-13)
(d) Application for grading permit. The application for a grading permit shall include but not be limited to the following:
(Code 1965, § 7282; Ord. No. 97-13)
(1) Completed grading permit application form provided by the City Engineer; and
(Code 1965, § 7282; Ord. No. 97-13)
(2) Vicinity map, site map and grading plan; and
(Code 1965, § 7282; Ord. No. 97-13)
(3) Interim erosion and sediment control plan; and
(Code 1965, § 7282; Ord. No. 97-13)
(4) Final erosion and sedimentation control plan when required by the City Engineer; and
(Code 1965, § 7282; Ord. No. 97-13)
(5) Soil report when required by the City Engineer; and
(Code 1965, § 7282; Ord. No. 97-13)
(6) Geologic report when required by the City Engineer; and
(Code 1965, § 7282; Ord. No. 97-13)
(7) Proposed work schedule; and
(Code 1965, § 7282; Ord. No. 97-13)
(8) Fee for review of the application in accordance with the current Resolution of Fees and Charges; and
(Code 1965, § 7282; Ord. No. 97-13)
(9) A landscape addendum to the erosion and sediment control plan by a licensed landscape architect when required by the Chief of Planning; and
(Code 1965, § 7282; Ord. No. 97-13)
(10) Copies of the notice of intent (NOI) and stormwater pollution prevention plan (SWPPP) when required by state law; and
(Code 1965, § 7282; Ord. No. 97-13)
(11) Such other items as may be required by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(e) Grading plan. The grading plan shall conform to the guideline(s) provided by the City Engineer. The grading plan shall be prepared, stamped, and signed by a civil engineer, and shall be subject to review and approval by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(f) Issuance or denial of grading permit; conditions and limitations. Upon receiving an application for a grading permit along with the required submittals, posting of surety as required, and payment of fees, the City Engineer will review the application and related documents. Applications may be approved, conditionally approved, or denied.
(Code 1965, § 7282; Ord. No. 97-13)
(1) Issuance. When the application is in accordance with the requirements by this article, the City Engineer shall issue a grading permit, attaching such conditions as it may deem necessary to ensure compliance with this article. The permittee shall perform the work in accordance with the approved plans and in compliance with all the requirements of this article. The permittee shall keep informed of all state and federal laws, local ordinances, and regulations which in any manner affect the permit. The permittee shall at all times comply with and shall cause all his agents and employees to comply with all such laws, ordinances, regulations, decisions, and court and similar authoritative orders.
(Code 1965, § 7282; Ord. No. 97-13)
(2) Denial. If the application is in conflict with the provisions of this article, the City Engineer shall deny the permit in writing, giving the reasons for the denial. A grading permit may be denied if the applicant fails to furnish information or secure other permits that may be required by the city or agencies of the federal or state government or other agencies.
(Code 1965, § 7282; Ord. No. 97-13)
(3) Limitations; expiration. The issuance of a permit under this article shall constitute an authorization to do only that work described or illustrated on the application or on the site plans approved by the City Engineer and shall not exempt the permittee from any applicable provisions of the zoning and subdivision regulations and other state and local laws.
(Code 1965, § 7282; Ord. No. 97-13)
a. Term. The permittee shall diligently perform and complete the work by the completion date. Unless an extension is granted, the permit shall expire on the date following the specified completion date.
(Code 1965, § 7282; Ord. No. 97-13)
b. Extension of time. The permittee may request an extension of time prior to the expiration of the permit. The request shall be in writing and shall set forth the reasons for the request. The request shall be accompanied by a new filing fee and a written consent by the surety company. If in the opinion of the City Engineer such an extension is warranted, the City Engineer may grant an extension, adding such conditions to ensure compliance with this article.
(Code 1965, § 7282; Ord. No. 97-13)
(4) Permit conditions. The City Engineer may impose any condition to ensure compliance with the provisions of this article and other applicable laws and regulations. Such conditions may include, but not be limited to:
(Code 1965, § 7282; Ord. No. 97-13)
a. Requirements for fencing around excavations or fills which otherwise would be hazardous and drip lines of trees to be preserved; and/or
(Code 1965, § 7282; Ord. No. 97-13)
b. Completion of the work within a specified period; and/or
(Code 1965, § 7282; Ord. No. 97-13)
c. Compliance with best management practices (BMPs); and/or
(Code 1965, § 7282; Ord. No. 97-13)
d. Provisions for dust control; and/or
(Code 1965, § 7282; Ord. No. 97-13)
e. Construction of stabilized ingress and egress; and/or
(Code 1965, § 7282; Ord. No. 97-13)
f. Hours of operations; and/or
(Code 1965, § 7282; Ord. No. 97-13)
g. Designation of route and time of travel over streets. A surety bond, or other acceptable security, may be required, if deemed necessary by the City Engineer, to secure the repair of improvements that may be damaged by the permittee; and/or
(Code 1965, § 7282; Ord. No. 97-13)
h. The installation of barricades and barricade lighting; and/or
(Code 1965, § 7282; Ord. No. 97-13)
i. Designation of the disposal site for any material removed from the grading site.
(Code 1965, § 7282; Ord. No. 97-13)
(g) Copy of plans and permit to be kept at job site. When an application is approved and a permit issued, one set of approved plans shall be returned to the permittee. The approved plans and permit shall be kept available for reference at the job site.
(Code 1965, § 7282; Ord. No. 97-13)
(h) Changes in permit or work. No work shall deviate from the approved plans without prior written approval by the City Engineer. The City Engineer may require the submittal of a revised plan prior to approving any proposed change. Additional fees shall be charged for reviewing plan revisions. Failure to obtain prior approval for any change in the work may be grounds for suspension of work.
(Code 1965, § 7282; Ord. No. 97-13)
(i) Assignment of transfer of permit. A permit shall be issued only to the applicant and may not be assigned to another person or entity. If a permittee assigns or transfers its permit to another person or entity, the permit shall become void. If an applicant applies for a permit for grading work for which a prior permit was issued, the applicant shall pay a filing fee as set forth in the Resolution of Fees and Charges for Various Municipal Services. No other fee will be charged in addition to the fees for the prior permit unless additional plan review is required due to plan changes.
(Code 1965, § 7282; Ord. No. 97-13)
(j) Suspension or revocation of grading permit.
(1) Suspension of permit and work. If the permittee fails to comply with the permit conditions or the provisions of this article, the City Engineer may suspend the permit. If the City Engineer determines that work will potentially cause injuries to persons or damage to properties or improvements, the City Engineer shall suspend the work. Upon notice of such suspension, the permittee shall immediately cease all work except for work required by the City Engineer to eliminate hazardous conditions or nuisances. The City Engineer may reinstate or revoke suspended permits.
(Code 1965, § 7282; Ord. No. 97-13)
(2) Revocation of permit. The City Engineer may in writing revoke a permit issued under the provisions of this article whenever the permit is issued in error or on the basis of incorrect information or in violation of any ordinance or regulation. The permit may also be revoked due to noncompliance with the permit conditions, the provisions of this article, or other applicable laws and regulations, or whenever the permittee has defaulted in performing any work under the terms of the posted bond. Once the permit is revoked, work shall not commence until a new application is filed and a new permit issued.
(Code 1965, § 7282; Ord. No. 97-13)
(3) Procedure. Upon determination that grounds for revocation of a grading permit exist, the City Engineer may conduct a hearing. If a hearing is conducted, a written notice shall be sent separately to the permittee and to the surety, stating the time and place for the hearing and the grounds for revocation. The notice shall be given at least five days before the hearing, and it shall be served personally or by deposit in the United States mail with postage fully prepaid, addressed to the permittee and surety at the mailing address shown in the application and in the surety instrument. Within 30 days of the conclusion of the hearing, the City Engineer shall make his findings and decision and file same in his office and shall serve a copy thereof separately upon the permittee and its surety in the manner provided above for service of notice of hearing.
(Code 1965, § 7282; Ord. No. 97-13)
(k) Geologic report. The City Engineer may require a geologic report prior to approval of a grading permit. A geologic report when required by the City Engineer shall be based on adequate and necessary test borings and shall contain and not be limited to the following information:
(Code 1965, § 7282; Ord. No. 97-13)
(1) An adequate description of the geology of the site, including delineating any hazard of surface fault trace or rupture; and
(Code 1965, § 7282; Ord. No. 97-13)
(2) Conclusions and recommendations regarding the effect of geologic conditions on the proposed development; and
(Code 1965, § 7282; Ord. No. 97-13)
(3) Recommendations and conclusions regarding the adequacy of site(s) to be developed by the proposed grading; and
(Code 1965, § 7282; Ord. No. 97-13)
(4) Any other information required by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(l) Authority to require geotechnical/soil report. The City Engineer may require a geotechnical/soil report identifying the presence of critically expansive soil.
(Code 1965, § 7282; Ord. No. 97-13)
(m) Contents of geotechnical/soil report. A geotechnical/soil report, prepared by a civil engineer or engineering geologist, based upon adequate test pits or trenches, shall contain but not be limited to the following:
(Code 1965, § 7282; Ord. No. 97-13)
(1) Description of any critically expansive soil or any other soil problem(s) present at the site; and
(Code 1965, § 7282; Ord. No. 97-13)
(2) An investigation of each site, including recommended corrective actions which will prevent structural damage to buildings, structures, and improvements to be constructed; and
(Code 1965, § 7282; Ord. No. 97-13)
(3) A geologic map and description of geologic formations and structures significant to the safety and performance of improvements; and
(Code 1965, § 7282; Ord. No. 97-13)
(4) Faults, existing active or inactive landslides, and areas subject to earthquake ground failure such as liquefaction; and
(Code 1965, § 7282; Ord. No. 97-13)
(5) "R" values necessary to determine the suitability of the earth material for any improvements; and
(Code 1965, § 7282; Ord. No. 97-13)
(6) Recommendations for construction procedures to obtain required stability; and
(Code 1965, § 7282; Ord. No. 97-13)
(7) Any other unstable soil conditions to ensure proper development of the site; and
(Code 1965, § 7282; Ord. No. 97-13)
(8) Recommendations for corrective actions at locations where land stability problems exist; and
(Code 1965, § 7282; Ord. No. 97-13)
(9) The signature and registration number of the civil engineer or engineering geologist preparing the report.
(Code 1965, § 7282; Ord. No. 97-13)
(n) Review of reports. All reports shall be subject to review by the City Engineer. Supplemental reports and data may be required as deemed necessary. Recommendations included in the reports and approved by the City Engineer shall be incorporated in the grading plan.
(Code 1965, § 7282; Ord. No. 97-13)
(o) Fees. The applicant shall pay the fees set forth in the Resolution of Fees and Charges for Various Municipal Services.
(Code 1965, § 7282; Ord. No. 97-13)
(p) Refund of fees. Filing fees are nonrefundable.
(Code 1965, § 7282; Ord. No. 97-13)
(q) Surety bond.
(1) Required. If the City Engineer determines that the proposed grading, if left incomplete, will interfere with any drainage or will endanger persons or any property, or will constitute a nuisance, the applicant shall post a surety bond secured by:
(Code 1965, § 7282; Ord. No. 97-13)
a. A corporate surety bond executed by a surety company authorized to transact business in the state; or
(Code 1965, § 7282; Ord. No. 97-13)
b. A cash deposit or its equivalent; or
(Code 1965, § 7282; Ord. No. 97-13)
c. An instrument of credit filed with the city, from a financial institution subject to regulation by the state or the federal government, pledging that the funds necessary to meet the performance are on deposit and guaranteed for payment upon demand and agreeing that the funds designated by the instrument shall be trust funds for the purposes set forth in the instrument. The form of surety bond will be subject to the approval of the City Engineer and City Attorney.
(Code 1965, § 7282; Ord. No. 97-13)
(2) Amount. The amount of the surety bond shall be based upon the estimated cost to the city to complete the grading or perform work to eliminate drainage obstruction, hazard, or nuisance and shall include the cost of interim and permanent erosion control measures if deemed necessary by the City Engineer. If the grading permit requires an erosion and sediment control plan, the surety shall include a cash deposit in an amount equal to the estimated cost of the proposed erosion and sediment control measures but not to exceed $10,000.00. The estimated cost of the proposed erosion and sediment control measures shall be subject to review and approval by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(3) Conditions. Among other appropriate provisions, every surety bond shall include the following conditions to which the principal and surety shall each be bound:
(Code 1965, § 7282; Ord. No. 97-13)
a. Comply with the applicable provisions of this article and all other applicable laws, ordinances, rules, and regulations; and
(Code 1965, § 7282; Ord. No. 97-13)
b. Comply with all of the terms and conditions of the permit to the satisfaction of the City Engineer; and
(Code 1965, § 7282; Ord. No. 97-13)
c. Complete the work proposed under the permit within the time specified in the permit. The City Engineer may for sufficient cause, extend the time specified in the permit. Such extension shall not release the surety; and
(Code 1965, § 7282; Ord. No. 97-13)
d. Pay all reasonable costs incurred or expended by the city, including but not limited to court costs and attorney's fees, in doing or causing to be done any of the work set forth in the permit, any other work which in the judgment of the City Engineer is required to be done as a result of any work or activity done under the permit, or any abatement of any nuisance created by any work or activity done under the permit, or in collecting money or damages in connection with any of the foregoing.
(Code 1965, § 7282; Ord. No. 97-13)
(4) Term. The term of the surety bond shall begin on the date of its posting and shall end upon satisfactory completion of the terms and conditions of the permit. Completion shall be evidenced by a certificate of completion to be issued by the City Engineer and filed with the records of the permit.
(Code 1965, § 7282; Ord. No. 97-13)
(5) Notice of default. Whenever the permittee defaults in performing any term or condition of the permit, the City Engineer shall give written notice thereof separately to the permittee and surety. The notice shall state the work to be done to cure the default, its estimated cost, and the starting and completion dates of the work. The notice shall be served personally or by deposit in the United States mail in a sealed envelope, with postage fully prepaid, addressed to the permittee and surety at the mailing address, or, if there is no mailing address, the business address, shown in the application or in the surety, as the case may be.
(Code 1965, § 7282; Ord. No. 97-13)
(6) Duty of surety. Upon service of the notice of default, the surety shall perform or cause the completion of the work within the time prescribed in the notice.
(Code 1965, § 7282; Ord. No. 97-13)
(7) Disposition of cash surety. If the permittee fails to perform the work within the time prescribed in the notice, the City Engineer may use the cash deposit, its equivalent, or instrument of credit to complete the work.
(Code 1965, § 7282; Ord. No. 97-13)
(8) Right of entry. In the event of a default in the performance of any term or condition of the permit, the surety or the City Engineer or their designees shall have the right to enter into the premises to complete the work. It shall be unlawful for any person in any way to hinder, obstruct, or prevent such entry.
(Code 1965, § 7282; Ord. No. 97-13)
(9) Interference prohibited. No person shall interfere with, obstruct, hinder, or prevent the ingress or egress to or from any such premises by which an authorized representative or agent of any surety or of the city is engaged in completing the work required under the permit, checking on compliance of the work with the terms or conditions of the permit and the provisions of this article, or taking emergency actions for the protection of the public and abutting properties.
(Code 1965, § 7282; Ord. No. 97-13)
(r) Erosion control measures. Erosion control measures shall be fully operational prior to the beginning of the rainy season and maintained through the rainy season. Erosion control measures shall include, but not be limited to, the following:
(Code 1965, § 7282; Ord. No. 97-13)
(1) The current Manual of Standards for Erosion and Sediment Control Measures and California Stormwater Best Management Practices Handbooks shall be used as applicable for the design and suitability of erosion and sediment control measures;
(Code 1965, § 7282; Ord. No. 97-13)
(2) After each rainfall, the permittee shall inspect all erosion and sediment control devices and shall clean them and repair any damage.
(Code 1965, § 7282; Ord. No. 97-13)
(s) Erosion and sediment control plan.
(1) An erosion and sediment control plan shall be submitted with the grading plan unless waived in writing by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(2) The final erosion and sediment control plan shall, through the use of permanent control features, minimize soil erosion and maximize sediment interception from the completed project site and shall also provide for the control of runoff from the site.
(Code 1965, § 7282; Ord. No. 97-13)
(3) The interim and final erosion and sediment control plans shall conform to the guidelines provided by the City Engineer.
(Code 1965, § 7282; Ord. No. 97-13)
(4) The interim and final erosion and sedimentation control plans shall be prepared by a civil engineer in accordance with the latest edition of the Manual of Standards for Erosion and Sediment Control Measures by ABAG and provisions of the California Stormwater Best Management Practices Handbooks, for both temporary and permanent erosion control measures.
(Code 1965, § 7282; Ord. No. 97-13)
(5) An interim erosion and sediment control plan is required prior to each rainy season for a staged project or a project that may not be completed before October 15. The permittee shall submit plans for review and secure approval no later than September 1 and install all erosion and sediment control measures no later than October 15. Such interim erosion and sediment control plan shall clearly show all erosion control measures for the rainy season.
(Code 1965, § 7282; Ord. No. 97-13)
Sec. 86-74. Control of work; standards for work.
(a) Inspection of grading work and right of entry. The City Engineer shall have the right to enter the site at all times to verify compliance with permit conditions and inspect the work as deemed necessary.
(Code 1965, § 7283; Ord. No. 97-13)
(b) Protection of adjacent property.
(1) No grading shall be performed close to a property line that may cause damage to properties or improvements, or cause injuries to persons, or create a nuisance or hazard or an unlawful encroachment on other properties.
(Code 1965, § 7283; Ord. No. 97-13)
(2) Whenever any portion of the work requires entry onto an adjacent property for any reason, the permittee shall obtain the written consent of the adjacent property owner or their authorized representative and shall file a copy of said consent with the City Engineer before a permit for such work may be issued.
(Code 1965, § 7283; Ord. No. 97-13)
(c) Obstructing watercourse. No person shall obstruct, impede, or interfere with an existing watercourse whether improved or unimproved unless permitted by the city.
(Code 1965, § 7283; Ord. No. 97-13)
(d) Compliance with laws. The permittee shall comply with all applicable laws, ordinances, and regulations.
(Code 1965, § 7283; Ord. No. 97-13)
(e) Cessation of work. If the permittee ceases work before the work is completed, all necessary steps shall be taken to leave the premises in a condition that will not cause damage to properties, natural or artificial drainage facilities, or improvements and will not cause injury to persons.
(Code 1965, § 7283; Ord. No. 97-13)
(f) Conflicts with Uniform Building Code. In the event of conflict between this article and the section entitled "Grading and Excavation Chapter" in the adopted Uniform Building Code, this article shall take precedence.
(Code 1965, § 7283; Ord. No. 97-13)
(g) Liability for injury or damage. The permittee shall be responsible for all liability imposed by law for personal injury or property damage proximately caused by work permitted and done by the permittee under permit or proximately caused by failure on the permittee's part to perform its obligations under said permit in respect to maintenance. If any claim of such liability is made against the city, its officers, or employees, the permittee shall defend, indemnify, and hold them, and each of them, harmless from such claim insofar as permitted by law.
(Code 1965, § 7283; Ord. No. 97-13)
Sec. 86-75. Prosecution of violations as infraction.
The violation of any provision of this article, or failure to comply with any of the mandatory requirements of this article, shall constitute a misdemeanor, except that, notwithstanding any other provisions of this article, any such violation constituting a misdemeanor under this article may, at the discretion of the authorized enforcement officer, be charged and prosecuted as an infraction.
(Code 1965, § 7284; Ord. No. 97-13)
Sec. 86-76. Penalties.
(a) Upon conviction of a misdemeanor, a person shall be subject to payment of a fine, or imprisonment, or both, not to exceed the limits set forth in section 1-23 of this Code.
(Code 1965, § 7285; Ord. No. 97-13)
(b) Upon conviction of an infraction, a person shall be subject to payment of a fine, not to exceed the limits set forth in section 1-22 of this Code.
(Code 1965, § 7285; Ord. No. 97-13)
Sec. 86-77. Continuing violations.
Every day any violation of this article occurs or continues shall constitute a separate offense.
(Code 1965, § 7286; Ord. No. 97-13)
Sec. 86-78. Violations declared nuisance.
In addition to the penalties provided herein, any condition caused or permitted to exist in violation of any of the provisions of this article is a threat to the public health, safety, and welfare, is hereby declared and deemed a public nuisance and may be abated.
(Code 1965, § 7287; Ord. No. 97-13)
Sec. 86-79. Civil actions.
In addition to any other remedies provided in this article, any violation of this article may be enforced by civil action brought by the city. In any such action, the city may seek, as appropriate, any or all of the following remedies:
(Code 1965, § 7288; Ord. No. 97-13)
(1) A temporary restraining order, preliminary and permanent injunction;
(Code 1965, § 7288; Ord. No. 97-13)
(2) Reimbursement for the costs of any investigation or inspection which led to the establishment of the violation and for the reasonable costs of preparing and bringing administrative action under this article;
(Code 1965, § 7288; Ord. No. 97-13)
(3) Costs incurred in removing, correcting, or terminating the adverse effect resulting from the violation.
(Code 1965, § 7288; Ord. No. 97-13)
Sec. 86-80. Remedies not exclusive.
The remedies identified in this article are in addition to and do not supersede or limit any and all other remedies, civil or criminal. The remedies provided for herein shall be cumulative and not exclusive.
(Code 1965, § 7289; Ord. No. 97-13)
Sec. 86-81. Judicial review.
The provisions of Code of Civil Procedure § 1094.6 are applicable to judicial review of City Engineer determinations made pursuant to the article.
(Code 1965, § 7290; Ord. No. 97-13)
Sec. 86-82. Severability.
If any provision of this article, or the application to any person or circumstance, is held invalid, no other provision of this article shall be affected.
(Code 1965, § 7291; Ord. No. 97-13)