15.52.270 Maintenance of protective devices.

   The owner of the property on which a fill or excavation has been made pursuant to a permit granted under the provisions of this division, or any other person or agent in control of such property, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures and other protective devices such as erosion and sediment controls and planting shown in the approved plans and specifications or in the record drawings or required by the permit.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.280 Debris on public and private streets.

   This chapter forbids the throwing, leaving, maintaining, keeping, placing, dumping, depositing or spilling soil materials on public and private streets or any portion of the public right-of-way. The permittee shall be responsible for the complete removal and cleanup of such materials from the street or any portion of the public right-of-way. If the permittee fails to immediately remove said spillage or deposit from the street and/or public right-of-way, and it is necessary for the city to cause such removal to be made, the cost of such removal work shall be the responsibility of the permittee. The city may use the grading deposit in accordance with Section 15.52.310, Grading, Erosion and Sediment Control Securities, for this purpose without notice to the owner. An additional cash deposit may be required prior to resumption of grading to insure the cleanup of public streets.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.290 Disposal of materials.

   The disposal of all waste and recycling materials removed as part of any grading project shall be in compliance with the city's Solid Waste Franchise Agreement, as specified within the provisions of Chapter 8.28, Waste Management, of the Murrieta Municipal Code.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.300 Fees.

   A.   Grading, Erosion and Sediment Control Plan Checking Fees. Before accepting an application and a set of plans and specifications for review, the city engineer shall collect a plan-checking fee. Separate permits and fees shall apply to retaining walls or major drainage structures. All applicants submitting plans as required by this chapter shall pay all fees and/or deposits as required by this chapter and by city council resolution establishing applicable fees and deposits.

   B.   Grading Permit and Inspection Fee.

      1.   All applicants requesting a rough or precise grading permit, stockpile permit, or administrative clearing permit as required by this chapter shall pay all fees and/or deposits as required by this chapter and by city council resolution.

      2.   Failure to pay fees and obtain a permit before commencing work shall be deemed a violation of this chapter, except when it can be proven to the satisfaction of the city engineer that an emergency existed which made it impractical to first obtain the permit. A violation shall result in an assessment of double permit fees for work done prior to permit issuance. Payment of a double fee shall not relieve any person from fully complying with the requirements of this chapter.

      3.   Additional fees approved by the city council shall be paid as required to the city engineer.

   C.   Cost Recovery Fees. If the city engineer performs emergency work on private property, he or she shall charge the property owner all direct and indirect costs that are necessary to complete the work to his or her satisfaction. In addition, the city engineer may charge a mobilization and collection cost equal to a minimum of five hundred dollars ($500.00) or ten percent (10%) of the cost for performing the work.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code §§ 8.12.100.824--8.12.100.826)

15.52.310 Grading, erosion and sediment control securities.

   A.   Security; Required. A grading permit shall not be issued unless the permittee first posts a security with the city comprised of a cash deposit, letter of credit, or a combination cash deposit and a corporate surety bond issued by a surety authorized to do business in the state of California, in an amount specified in Subarticle 9 of the Grading Manual. The security amount is required to assure that the work, if not completed in accordance with the approved plans and specifications, will be corrected to eliminate any deficiency or hazard created by the work or its lack of maintenance.

   B.   On developments where progressive individual grading projects or several concurrent projects are being constructed by one owner, a continuing (blanket) bond or single letter of credit which will cover all such projects may be accepted and the amount determined by the city engineer.

   C.   A cash deposit in an amount determined by the city engineer may be required to ensure the elimination of hazardous conditions or the emergency maintenance of erosion and sediment control devices. A cash amount in an amount determined by the city engineer may be required for permits involving temporary earthen stockpiles to ensure their timely removal.

   D.   Failure to Complete the Work. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the city engineer may order work required by the permit to be completed or put in a safe condition to his or her satisfaction. The surety executing such bond, deposit, instrument of credit, or letter of credit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended in causing any and all such required work to be done.

   E.   Default in Performance of Conditions. Whenever the city engineer finds or determines that a default has occurred in the performance of any requirement of a condition of a permit issued under the provisions of this chapter, written notice thereof shall be given to the principal and when applicable, to the surety on the bond. Such notice shall specify the work to be done, the estimated cost thereof and the period of time deemed by the city engineer to be reasonably necessary for the completion of such work.

   After receipt of such notice, the surety shall, within the time specified, cause or require the work to be performed, or failing therein, shall pay the estimated cost of doing the work as set forth in the notice. Upon receipt of such moneys the city engineer may cause the required work to be performed and completed. The surety shall pay the city engineer actual costs in excess of the estimate amount plus a mobilization charge as specified in Section 15.52.300C.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006)

15.52.320 Cuts.

   Cut slopes shall be no steeper than two horizontal to one vertical (2:1) unless otherwise recommended in the geotechnical engineering and/or engineering geology reports and approved by the city engineer. The slope of cut surfaces shall be no steeper than is safe for the intended use. Cut slopes steeper than 2:1 shall be subject to third party review and fees shall be charged in an amount as approved by the city council.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.828)

15.52.330 Fills.

   A.   Unless otherwise approved by the city engineer and recommended in the approved geotechnical engineering or engineering geology reports, or both, fills shall conform to Subarticle 5.2 of the Grading Manual. The provisions therein may be waived for minor fills not intended to support structures upon written request by the applicant on a form prescribed by the city engineer.

   B.   All soil tests or testing, when required, are to be performed by an approved testing laboratory.

   C.   Fill slopes shall be no steeper than two horizontal to one vertical (2:1) unless under three feet or reinforced as approved by the city engineer.

(Ord. 349 § 4 (part), 2006: Ord. 346 § 4 (part), 2006: Ord. 97 § 1 (part), 1993: Ord. 3 § 1 (part), 1991: prior code § 8.12.100.829)