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This code sets forth rules and regulations to control excavation, grading and earthwork construction, including fills and embankments, and establishes administrative requirements for issuance of permits and approval of plans and inspection of grading construction in accordance with the requirements for grading and excavation as contained in the Uniform Building Code then in effect as adopted and modified by city ordinance. (Ord. 48, 1990)
As used in this chapter:
“Approval” means a written engineering or geological opinion by the responsible engineer or geologist of record or responsible principal of the engineering company concerning the progress and completion of the work unless it specifically refers to the city engineer and/or building official.
“Approved plans” means the current grading plans which bear the stamp of approval of the city engineer and/or building official.
“Approved testing agency” means a facility whose testing operations are controlled and monitored by a registered civil engineer and which is equipped to perform and certify the tests required by this code, the grading manual, or as determined by the city engineer and/or building official. This determination may be appealed to the city council.
“Borrow” is earth material acquired from an off-site location for use in grading on a site.
“City engineer” means the city engineer for the city of Yucaipa.
“Building official” means the building official for the city of Yucaipa.
“City official” means either the city engineer or building official issuing the building permit.
“Civil engineer” means a professional engineer registered in the state of California to practice in the field of engineering.
“Civil engineering” means the application of the knowledge of the forces of nature, principles of mechanics and the properties of materials for the evaluation, design and construction of civil works for the beneficial uses of mankind.
“Clearing, brushing and grubbing” means the removal of vegetation (grass, brush, trees and similar plan types) by mechanical means.
“Commercial coach” is a vehicle with or without motive power, designed and equipped for human occupancy for industrial, professional or commercial purposes, and shall include a trailer coach.
“Compaction” is the densification of a fill by mechanical means.
“Engineering geologist” means a geologist certified in the state of California to practice engineering geology.
“Engineering geology” means the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works.
“Erosion” is the wearing away of the ground surface as a result of the movement of wind, water and/or ice.
“Erosion control system” is a combination of desilting facilities, and erosion protection, including effective planting, to protect adjacent private property, watercourses, public facilities and receiving waters from an abnormal deposition of sediment or dust.
“Excavation” is the mechanical removal of earth material.
“Fill” is a deposit of earth material placed by artificial means.
“Grade” means the vertical location of the ground surface.
1. “Natural grade” is the ground surface unaltered by artificial means.
2. “Existing grade” is the ground surface prior to grading.
3. “Rough grade” is the stage at which the grade approximately conforms to the approved plan.
4. “Finish grade” is the final grade of the site which conforms to the approved plan.
“Grading” is any excavating or filling or combination thereof.
“Grading contractor” is a contractor licensed and regulated by the state of California who specializes in grading work or is otherwise licensed to do grading work.
“Grading permit” is an official document or certificate issued by the city authorizing grading activity as specified by approved plans and specifications.
“Hillside site” is a site which entails cut and/or fill grading of three feet or more in vertical height below or above natural ground; or a combination fill-over-cut slope equal to or grater than five feet in vertical height; or where the existing grade is twenty percent or greater; and which may be adversely affected by drainage and/or stability conditions within or from outside the site, or which may cause an adverse affect on adjacent property.
“Mobilehome” means a structure, transportable in one or more sections, designed and equipped to contain not more than two dwelling units to be used with or without a foundation system. Mobilehome does not include recreational vehicle, commercial coach, or factory-built housing.
“Owner” is any person, agency, firm or corporation having a legal or equitable interest in a given real property.
“Precise grading permit” is a permit that is issued on the basis of approved plans which show the precise structure location, finish elevations, and all on-site improvements.
“Preliminary grading permit” is a permit that is issued on the basis of approved plans which need not show a structure location but must show interim building pad drainage to the degree required by the city.
“References,” unless indicated otherwise, or as reasonably appears from the context, in this code to the civil engineer, the soil engineer, the geologist, and the engineering geologist refer to the professional person(s) preparing, signing or approving the project plans and specifications which comprise the approved grading plan, and which professional person appears of record pursuant to Sections 15.12.140 through 15.12.190 or his successor appearing pursuant to said sections.
“Site” is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.
“Slope” is an inclined ground surface, the inclination of which is expressed as a ratio of horizontal distance to vertical distance.
“Soil” is naturally occurring surficial deposits overlying bedrock.
“Soil engineer” is a civil engineer duly registered in the state of California whose field of expertise is soil mechanics.
“Soil engineering” means the application of the principles of soil mechanics in the investigation, evaluation and design of civil works involving the use of earth materials and the inspection and testing of the construction thereof.
“Special inspector” is an inspector duly licensed by the city to perform inspection of asphalt concrete placement and related construction work or other grading related work approved by the city official. (Ord. 48, 1990)
No person shall conduct any grading, clearing, brushing or grubbing on natural or existing grade that is preparatory to grading, without first having obtained a grading permit from the city. Exceptions to this requirement are as follows or as otherwise determined by the city:
A. An excavation below finished grade for basements and footings of a building, mobilehome, retaining wall, or other structure authorized by a valid building permit or construction permit. This shall not exempt any fill made with the material from such excavation nor exempt any excavation having an unsupported height greater than five feet after the completion of such structure. This shall not prohibit a minimum fee grading permit or soil or geologic report from being required for foundation design and inspection purposes when, in the opinion of the city, stability or flooding considerations warrant such inspection;
B. Cemetery graves;
C. Refuse disposal sites controlled by other regulations;
D. Earthwork construction regulated by the federal, state, county or city governments, or by any local agency as defined by Government Code Sections 53090 through 53095 (special districts), pipeline or conduit excavation and backfill conducted by local agencies or public utilities and earthwork construction performed by railway companies on their operating property. This exemption, however, shall apply only when the earthwork construction takes place on the property, or dedicated rights-of-way or easements of the above agencies;
E. Excavation and backfill for installation of underground utilities by public utilities or companies operating under the authority of a franchise or road;
F. Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressures upon any adjacent or contiguous property;
G. Exploratory excavations under the direction of soil engineers or engineering geologists, provided all excavations are properly backfilled. All such excavations and trenches are subject to the applicable sections of Title 8 of the State Orders, Division of Industrial Safety;
H. An excavation which does not exceed fifty (50) cubic yards on any one site and which: (1) is less than two feet in vertical depth, or (2) which does not create a cut slope greater then five feet in vertical height and steeper than one and one-half horizontal to one vertical (1 1/2:1);
I. A fill less than one foot in depth placed on natural grade with a slope flatter than five horizontal to one vertical (5:1), which does not exceed fifty (50) cubic yards on any one lot and does not obstruct a drainage course. (Ord. 48, 1990)
No person shall construct pavement surfacing in excess of three thousand (3,000) square feet, on natural or existing grade for the purpose of a private road or commercial, industrial or multiresidential parking lot or travelway without a valid grading permit unless waived by the city official or a separate improvement plan for such paving is approved and signed by an authorized city official. Resurfacing or maintenance of paved surfaces shall be exempt from this requirement. (Ord. 48, 1990)
No person shall alter an existing watercourse, channel or revetment by excavating, or placing fill, rock protection or structural improvements without a valid grading permit unless waived by the city or performed as interim protection under emergency flood fighting conditions. (Ord. 48, 1990)
A. Either a preliminary grading permit or a precise grading permit may be issued for grading work upon completion of an application in accordance with Subarticle 5 of the grading manual and approval by the city engineer and/or building official. The preliminary or precise grading permit is the option of the permittee provided that the plans satisfy the requirements of Subarticle 5 of the grading manual.
B. Building permits may be issued for a site graded under a valid precise grading permit upon completion and approval of rough grade inspection as specified in Section 15.12.410 E of this code.
C. Building permits shall not be issued for a site graded under a preliminary grading permit until a new precise grading permit has been issued and the provisions of subsection B of this section have been satisfied. (Ord. 48, 1990)
A. The provisions of Section 202, Powers and Duties of the City Official and Building Official, of the Uniform Building Code shall apply to grading construction work.
B. Stop Orders. Whenever any building or grading work is being done contrary to the provisions of this code or the grading permit, the city official and building official may order the work stopped by notice in writing served on any persons engaged in the doing or causing such work to be done, and any such persons shall forthwith stop such work until authorized by the city engineer to proceed with the work. (Ord. 48, 1990)
A. Hazardous conditions exist when the state of any natural ground, natural slope, excavation, fill or drainage device, which exist on private property, is a menace to life or limb, or a danger to public safety, or endangers or adversely affects the safety, usability or stability of adjacent property, structures or public facilities.
B. The city engineer may examine or cause to be examined every condition reported as hazardous as set forth in subsection (A) of this section.
C. Notice of Hazardous Condition. In any case where a hazardous condition is found by the city official, he shall give notice, setting forth the finding to all owners of the property affected by the hazardous condition, authorized representative of the owners or a permittee under any active permit which gives permittee control of the property issued pursuant to this code hereinafter referred to as “owner,” of such required corrective work. The notice may state the time and place of a hearing to be held if the owner fails to comply with any demand for corrective work or reports. The purpose of the hearing would be for the presentation of evidence concerning the hazardous conditions and demand for corrective work or submission of reports. The notice shall set forth the right of the owner to be present at the hearing, at his option, and introduce such relevant evidence on the issues as he desires. If the time and place of any hearing scheduled for the presentation of evidence is not included in the initial notice(s), it shall be included in a subsequent notice.
D. Evidence. At the time and place so specified for the hearing, evidence shall be submitted as to the facts of any condition as to reasonably establish its existence, and the city official or his designee, as hearing officer, shall determine whether the facts presented reasonably establish the existence of a hazardous condition to the satisfaction of the hearing officer. Evidence may further be submitted as to the work or reports considered necessary to correct or determine work to correct the hazard.
Exception: Where city property or facilities are endangered by the hazardous condition found by the city official, at the request of the owner, the hearing may be held before a member of the grading board of appeals selected by the chairman of the board. The city official may appeal such hearing officer’s order as set forth in this section. Such hearing officer may not consider an appeal of the case as a member of the city council.
E. Order, Finality and Appeal. If the hearing officer determines the existence of a hazardous condition, he shall determine whether such hazards are subject to corrective work and/or the need for more analysis through the preparation of reports and shall order such work or reports and specify a completion time.
1. Finality of Order. The determination and order may be made orally at the hearing and shall be written and transmitted to the owner within a reasonable time. The determination and order shall become final within five days, excluding Saturdays, Sundays and holidays, from the time it is first rendered in the event that the owner was not present at the hearing, within five days of the mailing of the order to the last known address of said owner.
2. Appeal. The owner may, at any time prior to the determination and order becoming final, appeal in writing the decision of the hearing officer to the grading board of appeals of the city. The board shall fix a time and place and hold a hearing, consider the evidence and make a determination as set forth in Section 15.12.130 of this code. The order of the grading board of appeals shall be immediately final.
F. Completion of Work. The owner shall, following the finality of the determination and order of the hearing officer, or if appealed, the determination and order of the grading board of appeals, commence the corrective action ordered or preparation of reports and such work or submissions shall be completed within the specified time.
G. Failure to Complete. If the owner neglects or fails to complete the corrective work or submit the reports ordered by the hearing officer or grading board of appeals within the specified time, the city engineer or building official may: (1) cause the work to be performed or reports to be prepared, or (2) advise the owner of the need for corrective work and warn him/her that in the absence of such corrective work subsequent future hazards may occur which could result in an order to vacate the premises or to withhold the permit to use or occupy such properties. Nothing in this subsection shall be construed to limit the type of remedy or relief which the city engineer or building official may have under any other provisions of law.
H. Costs. Costs incurred by the city to perform any corrective work or prepare reports under subsection G of this section, shall be charged to the owner. The city engineer or building official may apply to the city council to cause the costs to be paid and levied as a special assessment against the property and collected in a manner provided for special assessments.
I. Vacation of Property. If necessary, the notice and order in subsection C or E of this section shall include the requirement that the property, or portion thereof or sites thereto adjacent to be vacated within a specified time, in the interest of public safety, pending the finality of any determination and order or completion of corrective work.
The city engineer or building inspector shall cause the property to be posted at conspicuous locations with a notice containing at least the following:
UNSAFE TO OCCUPY
DO NOT ENTER
Building Official, City Engineer,
City of Yucaipa
Date Posted ____________
The posted notice may also contain the date, time and place of the hearing and the name, address and telephone number of the office or city official where additional information may be obtained.
Such posted notices shall remain posted until any necessary corrective work is completed. Such posted notices shall not be removed without written permission of the city official, and no person shall enter the property except for the purpose of making the required corrections or preparing reports.
J. Service of Notices. The notices and order required by subsections C and E of this section may be served either:
1. By mailing a copy by certified mail, return receipt requested, to the owner’s address as designated on papers, applications, or permits on file with the city official; or
2. By personally delivering a copy to the owner’s address as designated on papers, applications or permits on file with the city official; or
3. If the owner is absent from his place of residence and from his usual or designated place of business, by leaving a copy with some person of suitable age and discretion at either place, and sending a copy by certified mail, return receipt requested, addressed to the owner or authorized representative at his place of residence; or
4. If such place of residence and business cannot be ascertained, or a person of suitable age or discretion there cannot be found, then by affixing a copy in a conspicuous place on the property, building or structure and also delivering a copy to a person there residing, if any, or to the person in charge if any; and also sending a copy by certified mail, return receipt requested addressed to the owner at the place where the property, building or structure is situated, or to the owner at his last known or designated address, or both. (Ord. 48, 1990)
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