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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.
1. Cleanup Required. If, by erosion, vehicle tire, or otherwise, soil shall be carried from private property in the City and shall accumulate on the City streets or sidewalks or in the City sewers or established streams and drainage ditches located in the City, and if such accumulation of soil is by its presence dangerous to the persons or properties of others or interferes with the safe use or efficient operation or maintenance of said streets, sidewalks, sewers, streams, and drainage ditches, the owner of such property, and the permit holder for such property, if there be one, shall cause such accumulation of soil to be cleaned from said streets, sidewalks, sewers, streams and drainage ditches as directed by the City. Failure to take corrective action shall constitute a violation of this chapter. Anytime the Construction Services Administrator, Code Enforcement Officer, or Engineering Services Administrator determines that the presence of such accumulation of soil is hazardous to life and limb or materially disruptive of the normal use of such streets, sidewalks, sewers, streams, or drainage ditches, they may authorize the immediate cleanup by the City as outlined in Section 10-11-9 of this chapter.
2. Serving of Cleanup Orders. Cleanup orders issued pursuant to this section shall be in writing and shall be served in a manner prescribed for the service of civil process by the Iowa Rules of Civil Procedure; except, however, such an order to a permit holder for the property may also be given verbally by the Construction Services Administrator, Code Enforcement Officer, or Engineering Services Administrator, either in person or by telephone call, to the permit holder or to a person designated by the permit holder to receive such notices from the Building Official, or to a family member, employee, or associate of such permit holder or designee as is found at the addresses or phone numbers of the permit holder or designee listed on the excavation permit.
3. Each Day a Separate Offense. Each day a property owner or permit holder remains in violation of a cleanup order given pursuant to this section shall constitute a new and separate violation of this chapter.
If the property owner or permit holder fails to clean accumulations of soil from the City streets and sidewalks, City sewers or established streams and drainage ditches in the City within the time period described by the Construction Services Administrator, Code Enforcement Officer, or Engineering Services Administrator in the order given pursuant to the Clive Erosion and Sediment Control Enforcement Response Plan chapter of the City Stormwater Management Manual, the City may do so by its own crews or by persons under its hire, and assess against the property owner and permit holder the City’s costs therefor. Said costs shall include the salaries earned by City employees during such cleanup operations, a charge for City machinery used, and such other costs and expenses as the City actually incurred. To the extent allowed by State law, such costs and expenses may be assessed against the property and collected in the same manner as a Property Tax.
The failure of City officials to observe or foresee hazardous or unsightly conditions, or to impose other or additional conditions or requirements on permit holders, or to deny or revoke a grading permit, or to stop work in violation of this chapter shall not relieve the property owners or permit holders of the consequences of their actions or inactions or result in the City, its officers, or agents being liable therefor or on account thereof. Notwithstanding any provision of this chapter, every applicant bears final and complete responsibility for compliance with a State NPDES General Permit No. 2 and any other requirements of State or federal law or administrative rule.
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