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No person shall place reliance upon this chapter, any inspections performed, or certificates issued pursuant to this chapter, as indicating the safety of or quality of construction of any particular premises. Neither this chapter, nor inspections made pursuant thereto, nor certificates issued are intended to assume the duty of any person to adequately construct and maintain a premises or provide a safe premises or to, in any way, indicate a decrease in the risk associated with the use or occupancy of any premises. A certification that a premises has been inspected pursuant to this chapter shall not in any way constitute a warranty or guarantee of the safety or quality of that premises.
1. Permit Required. Unless permitted by Subsection 2 of this section, it is unlawful for any person to undertake any construction activity within any property in the City unless the owner of such property, or general contractor, if any, responsible for the work, holds for the property a current grading permit issued by the Community Development Department permitting such work to be done. If the construction activity requires an NPDES General Permit No. 2, the Community Development Department shall not issue the grading permit until such time as the NPDES General Permit No. 2 has been issued by the IDNR.
2. Exceptions. Any language in this chapter to the contrary notwithstanding, a grading permit is not necessary when excavating or filling is done:
A. To further a farming or horticultural activity;
B. By a public utility company for the purpose of installing underground utilities;
C. By City employees on City business or contractors under City’s hire;
D. By or under the direction of a soil engineer or engineering geologist to investigate, test, or evaluate earth materials in conjunction with the designing and engineering of buildings or other improvements; and
E. On property then occupied as the residence of the property owner and no more than 500 square feet of existing ground cover will be disturbed.
3. Permit Review. An SWPPP, prepared in accordance with all current NPDES General Permit No. 2 minimum requirements, shall be submitted for review prior to the issuance of a grading permit. The SWPPP shall be site specific and identify all construction site sources, including building materials, concrete washout, chemicals, solid waste, and sanitary waste, that may impact water quality. Additionally, the SWPPP shall identify all BMPs intended to be utilized to mitigate the potential adverse impacts to water quality from all construction site sources.
4. Issuance. After proper application on forms provided by the City Community Development Department, permits shall be issued in the name of a registered contractor or property owner. Permits are not transferable. No permits shall be issued to any person or company who has fees outstanding or who has outstanding violations of this Code or any other laws or ordinances of this City.
5. Fee. There shall be a fee paid for the issuance of permits. Permit fees shall be set forth in a fee schedule established and approved, from time to time, by the Council. Fees on all buildings or structures constructed by any unit of the government or nonprofit organization may be waived by the Council. No fees shall be collected on buildings or structures constructed by or for the City.
6. Expiration. Every permit issued under the provisions of this chapter shall expire by limitation and become null and void, if the work authorized by such permit is not commenced within 90 days from the date of issuance of such permit, or if the work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 60 days. Before such work can be recommenced, a new permit shall be first obtained, and the fee therefor shall be one-half the amount required for a new permit for such work, provided that such suspension or abandonment has not exceeded 120 days.
7. Revocation. Any permit required by the provisions of this chapter may be summarily revoked by the Construction Services Administrator or Engineering Services Administrator upon the violation of any provision of this chapter.
1. Monitor Site for Compliance. It shall be the property owner or permit holder’s duty to monitor the site daily to assure compliance with the grading permit.
2. City Inspection. With the issuance of a grading permit, the permit holder acknowledges that the City may conduct site visits at any time to determine compliance with the grading permit. In the event that a site is found not to be in compliance with the grading permit, the City will communicate, verbally or in writing, with the property owner or permit holder as outlined in the City Erosion and Sediment Control Enforcement Response Plan chapter of the City Stormwater Management Manual.
3. Enforcement. Following notice from the City that the site is not in compliance with the grading permit, the property owner or permit holder shall immediately commence corrective action and shall complete corrective action within the timeframe identified by the City.
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