§ 1442.09  RESPONSIBILITY OF PERMITTEE, PERMITTEE'S ENGINEER AND CONTRACTOR.
   (a)   Permittee/contractor.
      (1)   The permittee and/or the permittee's engineers, contractors or agents shall be responsible for the satisfactory and safe conduct of all work.
      (2)   The permit applicant and grading contractor shall be responsible for the protection of adjacent properties during grading operations. Prior to commencing any grading of the site, the exterior boundaries shall be marked as required by the City Engineer. Boundary markers shall be maintained throughout the grading operation. Temporary barriers and/or protective fencing shall be used when necessary to protect adjacent properties.
      (3)   In addition to the security to be posted in accordance herewith, the applicant shall agree to employ a geotechnical engineer to give technical supervision and inspect the work whenever a soils report has been required for the proposed grading.
      (4)   The permittee shall, at all times, be in conformity with the approved grading plan.
      (5)   The permittee shall notify the City Engineer within 36 hours of the following:
         A.   The beginning of the permitted activity;
         B.   The completion of rough grading;
         C.   The completion of finish grading; or
         D.   The installation of all erosion control devices and the completion of planting requirements; and
         E.   The readiness of the site for final inspection, including but not limited to, finished grading, installation of drainage devices and final erosion control measures.
      (6)   The permittee shall submit to the City Engineer written reports if:
         A.   There are any delays in obtaining materials, machinery, services or manpower necessary to the implementation of the grading plans as scheduled;
         B.   There are any delays in land-disturbing or filling activities or soil storage;
         C.   The work is not being done in conformance with the approved grading plan; or
         D.   There are any departures from the approved grading plan.
      (7)   Unless this requirement is waived by the City Engineer, the permittee shall submit recommendations for corrective measures, if necessary and appropriate, with the reports.
      (8)   The city will review all reports submitted by the permittee. The City Engineer may require the permittee to modify the site map and grading plan, interim or final plans, and maintenance methods and schedules. The City Engineer shall notify the permittee in writing of the requirement and specify a reasonable period of time within which the permittee must comply. All modifications are subject to the City Engineer's approval.
   (b)   Geotechnical engineer.
      (1)   The geotechnical engineer's area of responsibility shall include, but need not be limited to, the professional inspection and certification concerning the preparation of ground to receive fills, testing for required compaction, stability of all finished slopes and design of buttress fills and the design and need for subdrains and other groundwater control devices, where required.
      (2)   Upon completion of the grading, the geotechnical engineer shall certify that the site was graded and filled with material in accordance with the approved specifications. He or she shall also give his or her professional opinion regarding remaining shrinkage or settlement, expansive characteristics, slope stability, load-bearing qualities, and of any other conditions pertinent to construction upon the completed cut or fill.
(Ord. 07-O-36, passed 11-7-2007)