§ 16.97.040 GRADING DESIGNATION AND INSPECTION.
   (A)   General. Grading involving a fill intended to support structures, or the development of more than one lot or parcel of land, or in excess of 5,000 cubic yards of material, or grading where the City Engineer or Building Official determines special conditions or unusual hazards exist must conform with subsection (D) of this section. Grading other than engineered grading must be designated regular grading.
   (B)   Regular grading requirements. The grading must be inspected by the City Engineer or Building Official as set forth in subsection (C) of this section. The City Engineer or Building Official may require inspection and testing by a soil testing agency. If required, the soil testing agency's responsibility will include, but need not be limited to, approval concerning the inspection of cleared areas and benches to receive fill, and the compaction of fills.
   (C)   Inspection of excavation and fills.  
      (1)   The City Engineer or Building Official, upon notification from the permittee or his or her agent, will inspect the grading at the following stages of the work and must either approve the portion then completed or must notify the permittee or his or her agent wherein it fails to comply with the requirements of this Code.
         (a)   Initial. When the site has been cleared of vegetation and unapproved fill and it has been scarified, benched or otherwise prepared for fill. No fill can be placed prior to this inspection.
         (b)   Rough. When approximate final elevations have been established; drainage terraces, swales and other drainage devices graded ready for paving; berms installed at the top of the slopes; and the statements required have been received.
         (c)   Final. When grading has been completed; all drainage devices installed: slope planting established, irrigation systems installed; and the as-graded plans and required statements and reports have been submitted.
      (2)   In addition to the called inspections specified above, the City Engineer or Building Official may make such other inspections as he or she may deem necessary to determine that the work is being performed in conformance with the requirements of this Code. Investigation and reports by an approved soil testing agency, soils engineer and/or engineering geologist may be required.
   (D)   Engineered grading requirements.
      (1)   For engineered grading, it is the responsibility of the persons listed below to perform the designated functions and provide reports as required by § 16.97.050. These responsibilities and
functions are in addition to those of the City Engineer or Building Official as set forth in subsection (C) of this section:
         (a)   Design engineer. The design engineer will prepare the grading plans and will incorporate recommendations from the sail engineering geology reports on such plans.
         (b)   Field engineer. The field engineer will establish and approve line, grade and surface drainage. At the completion of the rough grading and final grading, the field engineer must submit the statements and reports required by § 16.97.050.
         (c)   Soil engineer. The soil engineer will provide professional inspection within such engineer's area of technical specialty, which will include observation during grading and testing for required compaction. The soil engineer must provide sufficient observation during the preparation of the natural ground and placement and compaction of the fill to verify that such work is being performed in accordance with the conditions of the approved plan and the appropriate requirements of this Code. Revised recommendations relating to conditions noted during grading and differing from the approved soils engineering and engineering geologic reports must be coordinated with the engineering geologist and submitted to the permittee, the Building Official.
         (d)   Engineering geologist. The engineering geologist will provide professional inspection within such geologist's area of technical specialty, which will include professional inspection of bedrock excavation or excavations of subdrains, buttress fills, and shear keys to determine that conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved geology reports must be submitted to the soils engineer.
         (e)   Grading contractor. The grading contractor will submit the statement required by at the completion of rough grading.
         (f)   Planting and irrigation. When planting and irrigation is required by § 16.99.020, the statement required by § 16.97.050 must be submitted prior to the final approval of the grading by the City Engineer or Building Official.
      (2)   Reports that reflect conditions which are not in agreement with the approved grading plans must be submitted to the field engineer and the City Engineer or Building Official by the appropriate consultants.
   (E)   Non-inspected grading. No person may own, use, or maintain any non-inspected graded property. For the purposes of this Code, non-inspected grading is defined as any grading for which a grading permit was first obtained, but which has progressed beyond any point requiring inspection and approval by the City Engineer or Building Official without such inspection and approval having been obtained.
   (F)   Notification of nonconformance.
      (1)   If, in the course of fulfilling their responsibility under this chapter, the field engineer, soil engineer or geologist finds that the work is not being done in conformance with this chapter or the plans approved by the City Engineer or Building Official, or in accordance with good accepted practices, the person in charge of the grading work and the City Engineer or Building Official must be immediately notified in writing of the nonconformity and of the corrective measures to be taken.
      (2)   All uncertified fills and nonconforming grading must be recorded on the title of the property so that any future buyer will be aware of the situation. This recordation may only be removed when the City Engineer or Building Official determines conformance. No building permits will be granted until the fill and/or grading is in conformance.
   (G)   Termination of services. The termination of the services of the field engineer, soil engineer or geologist prior to the completion of the work shown on the approved grading plan must be reported to the City Engineer or Building Official in writing within 48 hours. The report must be by the person terminated and must include the status of the work at the last inspection. The work must be stopped until the replacement has agreed to accept the responsibility within the area of his or her technical competence for verification upon completion of the work.
   (H)   Violation. It is a violation of this Code for any person to verify to the satisfactory completion of work as required by this chapter if such work is subsequently found by the City Engineer or Building Official to be in substantial noncompliance with the approved design or code requirement at the time of verification.
(Ord. 1103, passed 3-7-05)