(A) Except as exempted in this chapter, no person shall do any grading nor shall an owner allow any grading on his or her property unless the person or owner has a valid grading permit of the type described in § 162.070 issued by the Director of Public Works authorizing such grading. An owner is presumed to have allowed grading which has been done on property occupied by him or her or is under his or her dominion and control. This presumption is a presumption affecting the burden of producing evidence. A separate grading permit shall be required for each site. A grading permit may authorize both excavations and fills.
(B) Any applicant for a permit under this chapter, not the owner holding title to the property to be graded and/or improved pursuant to said permit, shall demonstrate to the satisfaction of the Director of Public Works that said applicant has the permission holding title to the owner of the property in question to do all grading work and make all improvements subject to the permit.
(C) Further, it shall be unlawful for any person to stockpile, deposit or allow the placement, construction, or deposition of earth material on any real property in excess of 50 cubic yards without first obtaining a grading permit, described in this chapter, and without the subsequent processing of the material, unless part of an approved stockpile grading plan.
(Ord. 1449, passed 10-19-05)