(A) Name. This chapter shall be known as the "Grading Regulations."
(B) Purpose. The purpose of this chapter is:
(1) To establish standards regulating the design and construction of building sites and the development of property by grading.
(2) To regulate the alteration of the ground surface to protect and preserve the public health, safety and general welfare.
(3) To minimize differential settlement and the slipping or sliding of earth.
(4) To protect adjacent properties from damage caused by blockage or diversion of natural runoff waters.
(5) To require engineering analysis of expansive soil conditions, erosion control and drainage.
(6) To establish criteria for the design of footings and floor slabs for structures proposed to be erected on parcels of land whose natural topography has been altered.
(7) To establish administrative procedures for the issuance of grading permits, the approval of plans and the inspection of grading construction.
(8) To provide for the enforcement of the requirements contained in this chapter.
(C) Intent. It is the intent of this chapter and the erosion control procedures contained herein to regulate grading work to protect against potential slope and wall failure, prevent adverse impacts on the proper use and enjoyment of property, environmentally sensitive areas, and biological and wildlife resources within and surrounding the City of Menifee, and promote the health, safety, and welfare of public. The procedures established by this chapter and the conditions of approval imposed hereunder through discretionary approvals and permits are intended to accomplish these purposes. Notwithstanding the above, in the event the city encounters situations that endanger any environmentally sensitive area or biological and wildlife resource, the City Engineer/Public Works Director is authorized to take all necessary action to protect the environment pursuant to this chapter and other applicable ordinances and laws.
(D) Scope. This chapter sets forth rules and regulations to control excavation, grading, and earthwork construction, including, but not limited to, fills and embankments, and to establish administrative requirements for the issuance of grading permits, the approval of plans and the inspection of grading construction in accordance with the requirements for grading and excavation as contained in California Building Code with deletions, modifications, or amendments to meet local conditions.
(E) Applicability. The requirements of this chapter are applicable to all excavation, fill, clearing, brushing, grubbing, grading activities, and earthwork construction located within the City of Menifee.
(F) Administration and enforcement responsibility. The City Engineer/Public Works Director shall be responsible for the administration and enforcement of this chapter. The City Engineer/Public Works Director is authorized to issue notices and orders that are necessary to ensure compliance with this chapter.
(G) Safety precautions; stop work order.
(1) If at any stage of a project the City Engineer/Public Works Director determines by inspection that further grading as authorized by a grading permit is likely to endanger any public or private property or result in the deposition of debris on any public way or interfere with any existing drainage course, the City Engineer/Public Works Director may order the work stopped by notice in writing that is personally served to any persons engaged in doing or causing such work to be done, and any such person shall immediately stop such work. If the persons conducting the grading operations are not present at the site, the City Engineer/Public Works Director may post the stop work order to the property. It is unlawful for any person to violate a stop work order. The City Engineer/Public Works Director may authorize the work to proceed in writing if he or she finds adequate safety precautions have been taken or corrective measures have been incorporated in the work to avoid the likelihood of such danger, deposition, or interference recurring.
(2) A stop work order that is issued pursuant to this section is appealable; however, a timely appeal under § 7.90.010(K) (Appeals) shall not stay the order. Provided there is a timely appeal, all work shall remain suspended until the Building Board of Appeals has rendered its decision.
(H) Unpermitted work; stop work order.
(1) Whenever the City Engineer/Public Works Director determines unpermitted work is occurring without all required approvals and permits, he or she may order the work stopped by notice in writing that is personally served on any persons engaged in doing or causing such work to be done, and any such persons shall immediately stop such work. If the persons conducting the unpermitted work are not present at the site, the City Engineer/Public Works Director may post the stop work order to the property. It is unlawful for any person to violate a stop work order. The City Engineer/Public Works Director shall also serve a copy of the notice on the property owner(s) by first class mail in the manner set forth in § 7.90.010(J) (Service of Notices).
(2) A stop work order that is issued pursuant to this section is appealable; however, a timely appeal under § 7.90.010(K) (Appeals) shall not stay the order. Provided there is a timely appeal, all work shall remain suspended until the Building Board of Appeals has rendered its decision.
(I) Protection of adjacent property. Permittees and owners of real property on which the grading is performed shall be responsible for the prevention of damage to adjacent property (whether private or public). No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley, or other public or private property without taking adequate measures to support and protect such property from settling, cracking, or other damage that might result from the proposed work. Any person performing any grading that involves imported or exported materials shall take special precautions, as approved by the City Engineer/Public Works Director in writing, to prevent such materials from being deposited on adjacent properties, any public way and/or any drainage course.
(J) Service of notices.
(1) Unless otherwise set forth in this chapter, any notice that is issued under this chapter may be served by personal delivery or by first class mail. The date of service shall be the date it is personally delivered or placed in a U.S. Postal Service receptacle, whichever is earlier.
(2) Unless the City Engineer/Public Works Director has specific information to the contrary concerning a property owner's current address, notices to property owners shall be sent to the mailing address that is shown on the last equalized assessment roll of the Riverside County Assessor's Office. Failure of any property owner to receive a properly addressed notice by mail shall not extend any appeal period, nor shall it invalidate any actions or proceedings that are initiated in connection with this chapter.
(K) Appeals.
(1) Right of appeal. Except as hereafter stated, permit applicants or owners (if not the applicant) who object to decisions (including the imposition of conditions or the suspension/revocation of a permit) or determinations made by the City Engineer/Public Works Director pursuant to this chapter may file an appeal on a city-approved form in the City Clerk's Office at City Hall within ten days of the issuance of the City Engineer/Public Works Director's order, decision, or determination. The person appealing shall concurrently tender the required fee as established by resolution of the City Council. An untimely appeal or the absence of the required fee shall constitute a waiver of the right to appeal and the condition(s), order(s), decision(s), or determination(s) shall be deemed final.
(a) Except as otherwise provided in this chapter, permit applicants or owners (if not the applicant) do not have a right to appeal determinations of the City Engineer/Public Works Director that they are violating, or failing to comply with, this chapter.
(b) The City Clerk's office must receive an appeal and the required fee in the required period in order for the appeal to be timely.
(2) Limitations on authority. An appeal shall be based on a claim that the true intent of this chapter has been incorrectly interpreted with regard to permit conditions or other provisions of this chapter, or that this chapter's provisions do not fully apply to a project or that an equally good or better form of work or installation is proposed. The Board does not have the authority to interpret the administrative provisions of this chapter, nor shall the Board have any authority to waive requirements of this chapter. The Board does not have any authority to consider alleged violations of this chapter, except when they are the basis of a stop work order or permit suspension or revocation.
(3) Reviewing authority. Appeals shall be heard by the Planning Commission, which is established by the California Building Code as adopted by § 8.04.030(A) of the Menifee Municipal Code. The Board shall adopt rules of procedure for conducting its business. In the event the City Council fails to appoint such a Board, the Planning Commission shall function as such. Decisions of the Board are final and non-appealable to the City Council.
(L) Penalties for violation.
(1) Any person violating any provision of this chapter shall be deemed guilty of a misdemeanor, and upon conviction thereof in a court of law, shall be punished accordingly. Each person shall be deemed guilty of a separate offense for every day during any portion of which any violation of any provision of this chapter, including any physical condition created in violation of this chapter, is continued or permitted to continue and shall be punished as provided for in this chapter.
(2) Violations of this chapter constitute a public nuisance that may be abated by the City Attorney or City Prosecutor in a civil judicial action. The city's election of any remedy shall not preclude the exercise of the city's other remedies as provided by law, such as administrative action, criminal enforcement, or citation.
(Ord. 2022-364, passed 11-16-2022)