(a) Where work for which a grading permit is required by this chapter has been commenced or has been accomplished without a permit, a permit shall be obtained, and double the fees specified in § 18A-2.4 shall be assessed, provided that such work complies with or may be made to comply with this chapter.
(1) If the grading work accomplished or commenced cannot be made to comply with this chapter, the owner and developer of the property or person or persons responsible for the initiation or accomplishment of such grading work shall restore the land to its original condition and shall obtain a certificate of completion therefor from the director.
(2) Any filling performed without a permit is not a structural fill.
(3) Any owner and developer of the property or person or persons responsible for the initiation or accomplishment of grading work in violation of § 18A-2.1 may, at the discretion of the director, not be issued a grading permit, and the director may issue an order requiring the owner and developer of the property or person or persons responsible for the initiation or accomplishment of the grading work to restore the land to its original condition. This prohibition and requirement applies whether such person is able to make the grading compliant with this chapter.
(4) Exception—at the discretion of the director, the owner and developer of the property or person or persons responsible for such grading will not have violated this chapter by grading without a permit in cases of natural or man-made disasters.
For the purposes of this section, a “natural disaster” includes disasters caused by fire, flood, tidal waves, hurricanes, tsunamis, volcanic eruptions, earthquakes, or other natural causes; and a “man-made disaster” includes disasters caused by enemy attacks, sabotage, other hostile actions, or disasters to individual homes, or other disasters manufactured, created, or constructed by mankind.
(5) Notwithstanding the above, the owner and developer of the property or person or persons responsible for such grading will have violated this chapter by grading without a permit.
(b) The owner and developer of the property or the person or persons responsible for the initiation of grading shall be responsible for correcting any damages done by the grading on-site or off-site.
(1) Off-site corrections and restoration shall include but not be limited to damages to improvements within the public right-of-way, any portions of the city-owned separate storm sewer systems, or private drain systems, and the removal of any sediment and debris from the public right-of-way and any drainage facility.
(2) On-site corrections and restoration shall include covering of exposed soil surfaces with planting, correction of improper excavation or fills, and drainage.
(c) Where the grading work accomplished or commenced cannot be made to comply with this chapter, the person or persons responsible shall post a performance bond in an amount sufficient, as determined by the director, to ensure payment of all costs of restoring the land to its original condition, and any damages which have occurred to any improvements in the public right-of-way if the person or persons responsible do not satisfactorily perform the restoration. Such performance bond shall be maintained in force for a period of one year after the restoration work has been completed, and no certificate of completion for the work shall be issued by the director until one year has elapsed after the physical work of restoration has been completed.
(1990 Code, Ch. 14, Art. 14, § 14-14.4A) (Added by Ord. 96-34; Am. Ord. 14-31)