153.07 EXCAVATION AND EARTH HAULING PERMIT; DEPOSIT AND FEE.

   (a)   No person shall excavate, grade, fill or perform any operation on property within the City involving the hauling of earth, mud or fill over and across any public property or the depositing or storage of any such material on public property or on private property, without proper permission, unless the owner, contractor or other person responsible for such operation shall have obtained a permit from the Commissioner of Building and shall have deposited the applicable fee as set forth in the Building Code as a guarantee that the public property over which the material is hauled will be cleaned and restored, if necessary, and that the excavation, if any, will be properly guarded in accordance with applicable provisions of this Code. If necessary, an erosion plan shall be submitted and approved as provided in the Building Code. On the completion of the work for which such permit was granted, the applicant shall notify the Commissioner of Building, who shall make an inspection of the premises and public property involved for the purpose of determining what refund, if any, shall be made from such fee deposit. The Commissioner of Building shall deduct inspection fees as set forth in the Building Code to cover the cost of the regular services required by this section.

   (b)   The Director of Public Works may also cause to be removed all earth, debris, building material or other substances which may be left or permitted to remain on any public property or on any private property without proper permission, unless the permittee promptly causes such earth, debris or material to be removed and the cost of such removal, if performed by the City Public Works Department, shall be charged against the deposit. The balance of the deposit, after deduction for fees and costs as provided herein, shall be refunded to the permittee, after final approval of the completion of the work covered by the permit by the Director of Public Works. The fees and costs collected from the deposits shall be paid into the City Treasury for the use of the General Fund.

(Ord. 78-131. Enacted 11-28-78; Ord. 13-114. Enacted 12-16-13.)