§ 151.53  EXCAVATION AND FILLS.
   (A)   Slopes created by cut or fill shall not be steeper than 2.5:1 unless stabilized by a retaining wall or cribbing except where approved by the City Engineer.
   (B)   Adequate provisions shall be made to prevent surface water from damaging the cut face of excavations or the sloping surfaces of fills.
   (C)   Cut and fills shall not endanger adjoining property.
   (D)   All fills shall be compacted to provide stability of material and to prevent undesirable settlement.  The fill shall be spread in a series of layers, each not exceeding 12 inches in thickness, and shall be compacted by a sheepsfoot roller or other approved method after each layer is spread. The City Engineer may require tests or other information if in his or her opinion the conditions or materials are such that additional information is necessary.
   (E)   Fills shall not encroach on natural watercourses, constructed channels or flood plain areas.
   (F)   Fills placed adjacent to natural watercourses, constructed channels or flood plains shall have suitable protection against erosion during periods of flooding.
   (G)   Grading shall not be done in such a way as to divert water onto the property of another landowner.
   (H)   During grading operations, necessary measures for dust control shall be exercised and sediment deposits on public highways should be minimized and cleaned at the direction of the City Engineer.
   (I)   Whenever a fill is to be made of materials other than clean soil or earth, the grading permit shall be subject to the following additional limitations and requirements:
      (1)   The fill shall be completed within a reasonable length of time, the time limit to be determined by the City Engineer and to be specified on the grading permit.
      (2)   Clean soil or earth shall be placed over the top and exposed surfaces of the fill to a depth not less than six inches and sufficient to conceal all materials other than clean soil or earth within the fill.  Where the nature of the fill requires, the City Engineer may require clean soil or earth to be placed over the top and exposed surfaces of the fill to a depth sufficient to conceal all materials at the end of each day's operations.
      (3)   No grading permit shall be issued for the filling of materials other than clean soil or earth until a faithful performance bond in the amount of the City Engineer's estimated cost of adequately covering such fill with clean soil or earth has been furnished to the city. The bond shall be executed by a corporate surety, or by the principal, as the city may require, and shall be subject to the approval of the City Attorney as to form. In lieu of the bond, a cash deposit in such amount may be made with the city or with a bank or trust company, approved by the City Attorney which shall act as escrow agent.
(`94 Code, § 151.53)  Penalty, see § 151.99