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(A) In every case where a building permit is required, such permit shall provide that all rubbish, waste materials and substances, debris and litter shall be disposed of or removed from the premises upon the substantial completion of such work. SUBSTANTIAL COMPLETION, for the purpose of this section, is defined to mean 90% of the actual work to be done and performed as contemplated by the valuation set forth in the building permit.
(B) To secure compliance herewith, such applicant for a building permit shall post with the Building Official a cash bond in the form of a cashier or certified check payable to the city in an amount not greater than 10% of the amount designated on the building permit submitted to the Building Inspector relative to the work to be performed thereunder, the amount assessed hereunder to be determined by the reasonable discretion of the Building Inspector.
(C) After the work has been completed and all rubbish, waste materials and substances, debris and other litter have been satisfactorily disposed of or removed from the premises, the certified or cashier check shall be returned to the holder of the permit; however, should the holder of the permit fail to comply with the provisions hereof and fail to remove all rubbish, waste materials and substances, debris and other litter so as to leave the premises clear thereof, then the Mayor or City Recorder may, upon recommendation of the Building Inspector, order such bond forfeited and such certified or cashier check cashed by the City Recorder, and shall direct and order that such premises be cleared of any rubbish, waste materials and substances, debris or other litter and the cost thereof to be paid out of such fund so provided. After deducting the cost of any removal and other expenses related thereto to the city, the remainder of any of the money shall be returned to the holder of the permit.
(Prior Code, § 1705.05) (Ord. 79-6, passed 7-17-1979)
The following permit fees shall be collected by the Building Inspector prior to the issuance of a building permit for any construction within the city.
(A) Permit fees.
Total Valuation | Fee |
Total Valuation | Fee |
$100 and less | No fee, unless inspection required, in which case a $10 fee for each inspection shall be charged. |
$101 to $2,000 | $10 per thousand or fraction thereof. |
$2,001 to $15,000 | $18 for the first $2,000 plus $6 for each additional thousand or fraction thereof, to and including $15,000. |
$15,001 to $50,000 | $101 for the first $15,000 plus $5 for each additional thousand or fraction thereof, to and including $50,000. |
$50,001 to $100,000 | $271 for the first $50,000 plus $4 for each additional thousand or fraction thereof, to and including $100,000. |
$100,001 to $500,000 | $471 for the first $100,000 plus $3 for each additional thousand or fraction thereof, to and including $500,000. |
$500,001 and up | $1,671 for the first $500,000 plus $2 for each additional thousand or fraction thereof. |
(B) Moving of buildings or structures. For the moving of any building or structure, the fee shall be $100.
(C) Demolition of buildings or structures. For the demolition of any building or structure, the fee shall be $50.
(D) Double fees. Where work for which a permit is required by this code is started or proceeded with prior to obtaining the required permit, the fees herein specified shall be doubled, but the payment of such double fee shall not relieve any person from fully complying with the requirements of this code in the execution of the work nor from any other penalties prescribed herein.
(E) Plan-checking fee. When the valuation of the proposed construction exceeds $1,000 and a plan is required to be submitted by the city, a plan-checking fee shall be paid to the Building Inspector at the time of submitting plans and specifications for checking. Such plan-checking fee shall be equal to one-half of the building permit fee as hereinabove set forth.
(Prior Code, § 1705.06) (Ord. 01-06, passed 4-3-2001)
The City Building Department Administrative Manual, attached to Ordinance 91-8, shall be adopted and the Building Department shall hereby enforce the State Building Code as provided for in W. Va. Code 15A-11-5, as amended.
(Prior Code, § 1705.07) (Ord. 91-8, passed 8-20-1991)
EROSION PREVENTION
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CAPITOL CONSERVATION DISTRICT. The subdivision of the state created and organized to include Kanawha County pursuant to the provisions of the Soil Conservation Districts Law of West Virginia, being W. Va. Code Art. 19- 21A.
CUT or EXCAVATION. A portion of land surface or area from which earth has been removed will be removed by excavation: the depth below original ground surface to excavated surface.
DIVERSION. A channel with or without a supporting ridge on the lower side constructed across or at the bottom of a slope.
EROSION. The wearing away of the land surface by action of wind, water or gravity.
EXISTING GRADE. The vertical location of the ground surface prior to cutting or filling.
FILL. A human-made deposit of soil, rock or other material.
FINISHED GRADE. The final grade or elevation of the ground surface conforming to the proposed design.
GRADING. Any stripping, cutting, filling, stockpiling or any combination thereof, and includes the land in its cut or filled condition.
GRADING PERMIT. A permit issued to authorize work performed under this subchapter.
GRASSED WATERWAY. A natural or constructed waterway, usually broad and shallow, covered with erosion-resistant grasses, used to conduct surface water from a field, diversion or other feature.
MULCHING. The application of plant or other suitable materials on the soil surface to conserve moisture, hold soil in place and aid in establishing plant cover.
PERMANENT COVER. Perennial seedlings and plants used as a permanent cover for critical areas to minimize soil erosion.
PERMITTEE. Any person to whom a permit is issued in accordance with the provisions of this subchapter.
PERSON. A firm, partnership, association, bodies politic or corporate, or any other body acting as a unit, as well as an individual.
SEDIMENT. Solid material, both mineral and organic, that is in suspension, is being transported or has been moved from its site of origin, by air, water or gravity byproduct of erosion.
SEDIMENT BASIN. A barrier or dam built across a drain or waterway or at another suitable location to retain rock, sand, gravel, silt or other material.
SEDIMENT POOL. The reservoir space allotted to the accumulation of submerged sediment during the life of the structure.
SITE. Any plot or parcel of land or combination of contiguous lots or parcels or land where grading is performed or permitted.
SLOPE. The degree of deviation of feet surface from the horizontal plane, usually expressed in percent or degree.
SOIL. All unconsolidated mineral and organic material of whatever origin that overlies bedrock which can be readily excavated.
STRIPPING. Any activity which removes or significantly disturbs the vegetative surface cover, including clearing and grubbing operations.
TEMPORARY COVER. Straw, hay, mulch or annual seedlings used for critical areas to minimize soil erosion for no more than one season.
WESTERN CONSERVATION DISTRICT. The subdivision of the state created and organized to include Putnam County pursuant to the provisions of the “Soil Conservation Districts Law of West Virginia”.
(Ord. 04-05, passed - -)
No person shall do or cause to be done any grading, stripping or cutting upon any site within the city unless and until he or she has obtained a grading permit approved by the Building Inspector; however, no grading permit shall be required for the tilling or cultivating of any plot of ground within the city for the purpose of growing flowers, vegetables or other plants.
(Ord. 04-05, passed - -) Penalty, see § 151.99
(A) Any person desiring a grading permit shall submit the following information for the entire site upon which any grading, stripping or cutting is to be done.
(1) A plat or boundary line survey of the entire site on which the grading, stripping or cutting is to be done;
(2) Description of the features, existing and proposed, surrounding the site of importance to the proposed development;
(3) Description of general topographic and general soil conditions on the site. Information as to soil conditions is available from the Conservation Districts;
(4) The location and description of existing and future human-made features of importance to the proposed development;
(5) The plans and specifications for a grading permit shall contain needed and necessary soil erosion and sedimentation and control techniques using one or more of the appropriate soil erosion control measures in accordance with the standards and specifications of the Conservation Districts if the proposed grading, stripping or cutting will result in soil erosion and/or situation of adjoining property or property in the area; and
(6) A timing schedule indicating the anticipated starting and completion dates of the development sequence and the time of exposure of each area prior to completion of effective erosion and sediment control measures.
(B) All applications for grading permits shall be made in writing upon a form provided by the City Building Inspector and shall be made under oath and signed by the owner of the site, the owner by the contractor proposing to do the work or another authorized person.
(Ord. 04-05, passed - -)
(A) Upon any person filing an application for a grading permit, the Building Inspector shall, within three days of the date of the application, make or cause to be made an inspection of the site to be graded, and if he or she finds the erosion or sediment control measures are not necessary or that the planned and specified measures contained in the application are adequate to control and prevent erosion and/or situation of adjoining property or property in the area, he or she shall immediately approve the issuance of the grading permit. In the event that the Building Inspector finds that the proposed grading as planned will result in erosion and/or situation of adjoining property or property in the area, he or she shall not approve the issuance of the grading permit.
(B) Grading permits upon tracts of land smaller than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area; or
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover.
(C) Grading permits upon tracts of land larger than one-fifth acre shall be approved by the Building Inspector if the following conditions are met:
(1) The proposed grading, stripping or cutting will not result in soil erosion and/or situation upon adjoining property or property in the area;
(2) No disturbed soil shall be exposed for more than 30 days without temporary or permanent cover; and
(3) If needed to prevent excessive soil erosion and/or situation, the plans shall contain appropriate soil erosion and sedimentation control techniques using one or more of the soil erosion control measures in accordance with the standards and specifications of the Conservation Districts.
(Ord. 04-05, passed - -)
Any grading permit issued under the provisions of this subchapter shall be valid for a period of six months from and after the date of the permit. If the grading or the site has not been completed within six months from the date of the permit, the permit may be renewed for an additional period of six months without assessment of any fee therefor. If any grading is not started and the work not actually begun within six months after the date of the original permit, no renewal permit will be granted, but a new application shall be made and an additional fee paid. The additional fee shall be on the same schedule as any other permit.
(Ord. 04-05, passed - -)
Upon being granted a grading permit, the permitee shall pay $5 for each $1,000 of the estimated cost of grading as shown on the application, but in any event a minimum fee of $5, and the payment of such fee shall be a prerequisite to granting of a grading permit.
(Ord. 04-05, passed - -)
(A) Any person violating any provision of this chapter for which no specific penalty is prescribed shall be subject to § 10.99 of this code of ordinances.
(B) (1) Whoever violates or fails to comply with any provision of §§ 151.30 to 151.36, the Building and Housing Code or of a technical code adopted hereunder or who violates or fails to comply with any order made thereunder, or who builds in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued thereunder, and from which no appeal has been taken, or who fails to comply with such order as affirmed by the appellate body or by a court of competent jurisdiction within the time fixed therein, shall, severally and for every such violation and noncompliance respectively, be fined an amount not to exceed state law or imprisoned for a term not to exceed state law, or both, the imposition of one penalty for any violation shall not excuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that any prohibited condition is maintained shall constitute a separate offense.
(2) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions.
(C) Until an application is made and approved in the manner prescribed in §§ 151.50 to 151.55 and the grading permit issued, no grading, stripping or cutting of any site within the city shall be done and no grading, stripping or cutting of any site within the city shall be done without strict compliance with soil erosion and situation control measures set forth in the grading permit. Any owner or contractor and any workers who perform any work or labor, or cause, permit or allow the same to be performed in the grading, stripping or cutting of any site within the city without obtaining a permit therefor or without complying with the soil erosion and control measures set forth in the grading permit shall be fined an amount not to exceed state law until in compliance.
(Prior Code, § 1705.99) (Ord. 04-05, passed - -)