§ 152.232 DETERMINATION OF COMPLIANCE.
   (A)   Geologic hazard reports submitted for review in accordance with §§ 152.200 through 152.210 of this chapter, shall be reviewed by the Planning Commission, which shall determine whether the report addresses the provisions of this subchapter as it reviews the entire application. Land use applications before the Planning Commission shall not be approved until such a determination has been made. Regardless of approval by the city, liability remains with the report signator and the applicant, who must conform with the report’s requirements. Signed acceptance of this liability shall accompany the permit application.
   (B)   In determining compliance, the Planning Commission shall evaluate:
      (1)   If the report appears to adequately recognize the causes, extent, and potential of the hazards and conforms substantively with the requirements found in § 152.231 of this subchapter;
      (2)   If the recommendations to overcome the recognized hazards are set out clearly and specifically and are included in the engineered plans of the development;
      (3)   If the geologic hazard report indicates that possible future danger may exist from a hazard, the applicant or property owner shall complete and sign the declaration of covenants and conditions of responsibility and indemnity (the declaration) provided by the city. Prior to issuance of a building permit, the applicant or property owner shall execute and record the declaration in the deed records of the county;
      (4)   If the geologic hazard report and the associated plans contain the signature and professional stamp of a licensed geologist or engineering geologist qualified to certify such reports and plans; and
      (5)   Authorization of a geologic hazards permit shall be void after five years unless substantial construction pursuant thereto has taken place.
(Ord. 24, passed 4-5-1976; Ord. 85, passed 3-15-1982; Ord. 172, passed 10-7-1991; Ord. 239, passed 6-2-1997; Ord. 256, passed 4-6-2004; Ord. 287, passed 5-4-2010)