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HomeMy WebLinkAboutCC ORD 1962-1052 Excavations; repeals Ord. 837 (Repealed by 1416)ORDINANCE NO. 1052 AN ORDINANCE OF THE CITY OF NATIONAL CITY REGULATING GRADING, EXCAVATIONS, FILLS, AND WATER COURSES, AND REPEALING. ORDINANCE NO. 837 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF NATIONAL CITY: Section 1. Definitions. Except where the context otherwise requires, the defin- itions in this ordinance govern the construction of words or phrases used in this ordinance. Se tion 9. APPROVED. "Approved", when referring to a method, means a method which the City Engineer finds will produce the results specified in the ordinance. Section 3. APPROVED SOIL TESTING AGENCY. "Approved soil testing agency" means an agency which the City Engineer finds has technically qualified personnel and adequate facilities for making the required soil tests. Section 4. ARCHITECT. "Architect" means a person who practices or offers to practice architecture and who is licensed to do so by the State of California. Section 5. EXCAVATION. "Excavation" means any act by which earth, sand, gravel, rock or any other material is cut into, dug, quarried, uncovered, removed, displaced, relocated or bulldozed, and shall include the conditions resulting therefrom. Section 6. FILL. "Fill" means any act by which earth, sand gravel, rock, or any other material is deposited, placed, pushed, pulled, or transported to a place other than the place froth which it was excavated, and shall include the conditions resulting therefrom. Section 7. GRADING. "Grading" means an excavation or fill, or any combina- tion thereof, and shall include the conditions resulting from any excavation or fill. Section 8. LAND SURVEYOR. "Land Surveyor" means a person who practices or offers to practice land surveying and who is licensed to do so by the State of California. Section 9. PERSON. "Person" means any individual, firm, co -partnership, joint adventure, association, social group, fraternal organization, corporation, estate, trust, business trust, receiver,trustee, syndicate, or any other group or combination acting as a unit, excepting the United States of America, the State of California, and any political subdivision of either thereof. Section i0. REGISTERED CIVIL ENGINEER. "Registered civil engineer" means a person who practices or offers to practice civil engineering and who is licensed to do so by the State of California. Section II. REGISTERED LANDSCAPE ARCHITECT. "Registered landscape architect" means a person who practices or offers to practice landscape architecture and who is licensed to do so by the State of California. Section 12. Purpose of ordinance. The unregulated excavation and filling of property, in the course of the physical development of the city including development in and around water courses, has heretofore caused extensive damage to public and private property and has resulted in numerous hazardous conditions. The purpose of this ordinance is to require that excavations and fills, and construction in and around water courses be performed in accordance with good engin- eering practice, thereby reducing to a minimum the hazards and damage to public and private property from such work. Section 13. Permits required. (a) No person shall do any grading without a permit therefor from the city engineer if such grading will result in any of the following: (1) An excavation or fill in excess of one hundred (100) cubic yards: (2) An excavation three (3) feet or more below a two (2) (horizontal) to one (1) (vertical) descending slope from any property line, or a fill three (3) feet or more above a two (2) (horizontal) to one (1) (vertical) ascending slope from any property line: (3) An excavation or fill within a public sewer, water main, storm drain or public utility rights of way; (4) An excavation. or fill which will encroach on or alter a natural drainage channel or water course. (b) No person shall construct, reconstruct, alter, re- pair or install any structure in any natural water course without a permit therefor from the City Engineer. (c) A separate permit shall be required for each sep- arate (Non-contiguous) site. One permit may cover both an. ex- cavation and a fill on the same sire made with excavated materials. Section. 14. Permits required; exceptions. No pelaLit shall be required by virtue of this ordinance for any of the ,.o.Lowing: (a) Grading pursuant to a permit for excavation in public streets; (b) Grading in connection with a public improvement or public work for which inspection is provided by the City of National City. (c) Grading by a public utility or a mutual water company in private rights of way; (d) An excavation below finished grade for basements and footings of a building, swimming pool, or underground struct- ure authorized by a valid building permit where the cost of such excavation is included in. the building permit valuation. This exception shall not affect the applicability of this ordinance to, n.or the requirement of a giilding permit for any fill made with. the material from such excavation. (e) The mining, quarrying, excavating, processing. or stockpiling of rock, sand, gravel, aggregate or clay in a location where permitted by the zoning regulations of the city. 3 (f) For grading in subdivisions according to plans which have been approved by the City Council. Section. 5. Permits; issuance by building inspector in connect- ion with building permits. Whenever grading is performed on a lot or parcel of land in connection with construction of a building or structure on such lot or parcel of land for which a permit has been issued by the Building Inspector, the Building Inspector shall perform all of the duties specified by this ordinance to be performed by the City Engineer, except supervision and inspection of work per- formed on public property or work on drains, dams or revetments, which shall be performed by the City Engineer. All walls or other similar structures on private property required by the City Engineer in connection with permits issued by him shall be con- structed under permit from and inspected by the building inspec- tor. The inspector shall file a copy of each excavation permit which he issues with the City Engineer. Section 16. Application for permits. (a) To obtain a permit, the applicant shall first file an application therefor in writing, in quintuplicate, and upon forms furnished by the City Engineer. The application shall be signed by the owner of the property where the work is to be per- formed, or by his duly authorized agent. An agent's authority must be shown in writing. (b) Every such application shall contain the following i nformat ion: (1) The purpose of the work, and a statement as to whether the purpose of the excavation is to prepare the site for subdivision under the State Map Act for which plans have not been accepted as yet by City Council. (2) The amount of material proposed to be excavated and the amount of fill in cubic yards; (3) The legal description of the property on which the work is to be performed; 4 (4) The street address at the point of access to the property where the work is to be performed; (5) The name and address of the owner of the prop- erty on which (6) A description to be used in the work is to be performed. of the equipment and the methods performing the work; (7) The name of any person or firm who will haul excavated material to or from the property (8) where the The name, person to work is to be performed; address and phone number of the have effective control of the work; (9) The name, address and phone number of all persons, if any, who will receive excavated materials or have any interest in the proceeds from the sale or disposal of such materials; (10) The estimated dates for starting and complet- ing the work to be done. (II) Such further applicable information as the City Engineer may require in order to carry out the purposes of this ordinance. (c) The application shall be accompanied by scale plans or drawings, in quintuplicate, prepared and signed by a registered landscape architect, registered civil engineer, a land surveyor, or architect, showing the following: (1) Property lines of the property on which the work is to be performed; (2) Location of any buildings or structures on the property where the work is to be performed, and the location of any building or structure on land of adjacent property owners which are within fifteen (15) feet of the property on which the work is to be performed; (3) Elevations, dimensions, location, extent, and the slopes of all work proposed to be done, shown on a contour map; and a certi- fication of the quantity of excavation and fill involved; (4) Detailed plans of all walls, cribs, drains, dams or other protective devices to be con- structed in connection with or as a part of the proposed work, together with a map show- ing the drainage area and estimated cubic feet per second run-off of the area served by any drain; (5) Such further applicable plans or drawings as the City Engineer may require in order to carry out the purposes of this ordinance. (d) The City Engineer may waive the requirement for scale plans or drawings if he finds that the information on the application is sufficient to show that the work will conform to the requirements of this ordinance. Section 17. Permit fees. Each application for a grading permit shall be accom- panied by a fee of $10.00. Section 18. Inspection. (a) The City Engineer shall cause the following inspec- tions to be made when so requested by the permit holder and shall either approve that portion of the work completed or shall notify the permit holder wherein the same fails to comply with this ordinance. Plans for grading work bearing the stamp of approval of the City Engineer shall be maintained at the site during the progress of the grading work and until the work has been completed. (b) The permitee or his agent shall notify the City Engineer: (I) initial Inspection. When he is ready to begin grading and not less than twenty-four (24) hours before any grading is to be com- menced. (2) Rough Grading. Upon completion of all rough grading, at least twenty-four (24) hours 6 before said inspection is to be made. (3) Final Inspection. Upon completion of all work, including the installation of all drainage or other structures. (c) Soeciat Structures. All retaining walls, crib walls and wing walls are required to be built under permit from an inspection by the building inspector. (d) If the City Engineer finds the soil or other conditions not as stated in the application for a grading permit, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. Section 19. Issuance and denial of permit. (a) Whenever in the judgment of the City Engineer the proposed work would directly or indirectly create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any public sewer, storm drain, water course, street, street improvement, or any other public property, the application shall be denied. If in the opinion of the City Engineer, the danger or hazard can be eliminated by the erection or installation of walls, cribs, or other devices, or by a speci- fied method of performing the work, the City Engineer may grant the permit upon condition that the specified protection and pre- cautionary work be done to his satisfaction, or upon condition that a specified method of performing the work be used. (b) In granting any permit under this ordinance, the City Engineer may attach such conditions thereto as may be reasonably necessary to prevent danger to public or private property or to prevent the operation from being conducted in a manner hazardous to life or property or in a manner likely to create a nuisance. Such conditions may include, but shall not be limited to, (I) limitations on the hours of operation or the period of the year in which the work may be performed; (2) res- trictions as to the size and type of equipment; (3) designation of routes upon which materials may be transported, (4) the place and manner of disposal of excavated materials; (5) requirements 7 as to the laying of dust, the prevention of noises and other results offensive or injurious to the neighborhood, the general public, or any portion thereof; (6) designation of maximum or minimum slopes to be used if they vary from those hereinafter prescribed in this ordinance; (7) regulations as to the use of public streets and places in the course of the work; (8) regulations as to the degree of compaction of fill material; (9) requirements as to paving private driveways and roads con- structed under the permit; (10) requirements for safe and ade- quate drainage of the site; (11) a requirement that approval of the City Engineer be secured before any work which was commenced may be discontinued; (12) a requirement that men and equipment be provided at the site during storms to prevent incomplete work from endangering life or property; and (13) requirements for fencing of excavationsfor fills which would be hazardous without such fencings. Section 20. Faithful Performance Bonds. (a) If in the opinion of the City Engineer, the nature of the work is such that if left incomplete it will create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement or any other public property, the City Engineer may, before issuing the permit, require a cash bond or surety bond in a form satisfactory to him and approved by the City Attorney, in the sum of one hundred percent (t00%) of the estimated cost of the work conditioned upon the faithful performance of the work within the time specified by the City Engineer or within any extension thereof granted by the City Engineer. (b) Whenever the City Engineer shall find that a default has occurred in the performance of any term or condition of any permit, written notice thereof shall be given to the principal and to the surety of the bond. Such notice shall state 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. 8 (c) After receipt of such notice, the surety must, within the time therein specified, either cause the required work to be performed or, failing therein, pay over to the City Engineer the estimated cost of doing the work as set forth in the notice, plus an additional said estimated cost but no bond. Upon the receipt of proceed by such mode as he sum equal to ten percent (10%) of the t to exceed the principal sum of the such moneys the City Engineer shall deems convenient to cause the re- quired work to be performed and completed, but no liability shall be incurred therein other than for the expenditure of the said sum in hand therefor. (d) If a cash bond has been posted, notice of default as provided above shall be given to the principal, and if com- pliance is not had within the time specified, the City Engineer shall proceed without delay and without further notice or pro- ceedings whatsoever to use the cash deposited, or any portion of such deposit, to cause the required work to be done by contract or otherwise in the discretion of the City Engineer. The balance, if any, of such cash deposit shall, upon the completion of the work, be returned to the depositor, or to his successors or assigns, after deducting the cost of the work plus ten (10) percent thereof. (e) In the event of any default in the performance of any term or condition of the permit for the work, the surety or any person employed or engaged on its behalf or the City Engineer or any person employed or engaged on his behalf, shall have the right to go upon the premises to complete the required work or make it safe. (f) No person shall interfere with or obstruct the ingress or egress to or from any such premises by any authorized representative or agent of any surety or of the city engaged in completing the work required to be performed under the permit or in complying with the terms or conditions thereof. (g) The term of each bond posted shall begin upon the date of the posting thereof and shall end upon the completion to the satisfaction of the City Engineer of all of the terms and conditions of the permit for the work. Such completion shall be evidenced by a statement thereof signed by the City Engineer, a copy of which will be sent to any surety or principal upon re- quest. When a cash bond has been posted, the cash shall be returned to the depositor or to his successors or assigns upon the termination of the bond, except any portion thereof that may have been used. Section 21. Liability insurance. If, in the opinion of the City Engineer, the nature of the work is such that it might create a hazard to human life or endanger adjoining property or property at a higher or lower level, or any street or street improvement, or any other public property, then the City Engineer may, before issuing the permit, require that the applicant for a permit file a certificate showing that he is insured against claims for damages for personal injury as well as claims for property damage (including damage to the city by deposit or washing of material onto city streets) which may arise from or out of the performance of the work, whether such performance be by himself, his subcontractor, or any one directly or indirectly employed by him, and the amount of such insurance shall be prescribed by the City Engineer in accordance with the nature of the risks involved. Any such insurance shalt include protection against liability arising from completed operations. Section 22. Transfer of permits. No permit hereunder shall be transferable without the written permission of the City Engineer. Section 23. Revocation of permits. Any permit issued under this ordinance may be revoked by the City Engineer after notice and hearing for: (a) Violation of any condition of the permit; (b) Violation of any provision of this ordinance or any other applicable ordinance or law relating to the work; (c) The existence of any condition or the doing of any act constituting or creating a nuisance or endangering the I0 lives or property of others. Written notice of the time and place of such hearing ,all be served upon the person to whom the permit was granted, or his agent or employee engaged in the work at least three (3) days prior to the date set for such hearing. Such notice shall also contain a brief statement of the grounds to be relied upon for revoking such permit. Notice may be given either by personal delivery thereof to the person to be notified or by deposit in the United States mail in a sealed envelope with postage prepaid, addressed to such person to be notified at the address appearing in his application. In the event any appeal is taken from the decision of the City Engineer in the manner prescribed by this ordinance, all work shall be stopped while the appeal is pending. Section 24. Appeals. Any application for a permit or permittee aggrieved by any action or decision of the City Engineer may appeal to the Council by filing with the City Clerk a written notice thereof within five (5) days from the date of mailing or receipt of notice of such action by the City Engineer, whichever first occurs. The aggrieved person shall be given a hearing before the Council, after which the Council shall grant or deny the appeal or modify the decision of the City Engineer, and its decision shall be final. Section 25. Permit expiration and renewal. Every permit issued hereunder shall expire at the end of the period of time set out in the permit. If the permittee shall be unable to complete the work within the specified time, he shall, prior to expiration of the permit, present in writing to the City Engineer a request for an extension of time, setting forth therein the reasons for the requested extension. If, in the opinion of the City Engineer, such an extension is necessary, he may grant additional time for the completion of the work. Section .26. Excavation. . (a) No excavation shall be made with a cut face steeper in slope than one horizontal to one vertical unless a retaining wall or other approved support is provided to support the fact of the excavation. 11 (b) The City Engineer may upon request permit devia- tions from this standard provided the owner shall first furnish the City Engineer with a written opinion of a civil engineer licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer, certi- fying that he has investigated the site and that the proposed deviations will not endanger any property. (c) The City Engineer may require the excavation to be made with a cut face flatter in slope than one horizontal to one vertical if he finds the material in which the excavation is to be made unusually subject to erosion, or if other conditions make such flatter cut necessary for stability and safety. (d) This section applies to all excavations in the City of National City regardless of whether a permit is required by this ordinance for such excavation. Section 27. Fills. (a) Surface Slope of Fills. No fill shall be made which creates any exposed surface steeper in slope than one and one-half horizontal to one vertical. (b) Deviation from Standard Slopes. The City Engin- eer may, upon request, permit deviations from this standard, provided the owner, shall first furnish the City Engineer with the written opinion of a civil engineer licensed by the State of California and experienced in erosion control, who shall be acceptable to the City Engineer, certifying that he has investiga- ted the site and that the proposed deviation will not endanger any property. The City Engineer may require that the fill be made with a slope face flatter in slope than one and one-half horizon- tal to one vertical if he finds the material of ,..ich the fill is to be made is unusually subject to erosion, or if other conditions make such flatter slope necessary for stability and safety. (c) Compaction of fills. All fills intended to sup- port buildings or structures shall be made to a minimum of 90 percent relative compaction. Compaction of other fills shall I2 not be required except where the City Engineer determines that compaction is necessary as a safety measure to aid in prevent- ing the saturation, slipping or erosion of the fill. The relative compaction required shall depend upon the particular circumstances and type of fill involved. (d) Compaction methods. The requirements of the City Engineer for the compaction of fills may include but not be limited to the following: (I) Preparation of the natural ground surface by removing top soil and vegetation and by compacting the fill upon a series of terraces. (2) Control of moisture content of the material used for the fill. (3) Limitation on the use of various kinds of materials. (4) Maximum thickness of the layers of the fill to be compacted. (5) Method of compaction. (6) Density requirements of the completed fill depending upon the location and use of the fill. (7) Compaction tests required during the process of filling. Section. 28. Maintenance of protective devices. The owner of any property on which an excavation or fill has been made pursuant to a permit granted under this ordinance, or any other person or agent in control of such prop- erty, shall maintain in good condition and repair all retaining walls, cribbing, drainage structures, planted slopes and other protective devices shown in the approved plans or drawings sub- mitted with the application for the grading permit. Section 29. Existing excavations and fills. Whenever the City Engineer determines by inspection that any existing excavation or fill from any cause has become a menace to life or limb, or endangers property, or affects the 13 safety, usability or stability of a public way, the owner of the property upon which such excavation or fill is located, or other person or agent in control of said property, upon receipt of notice in writing from the City Engineer so to do, shall, within one hundred eighty (180) days from the date of such written notice, repair or reconstruct such excavations or fill so that it will conform to the requirements of this ordinance, or otherwise repair, reconstruct, strengthen or eliminate such excavation or fill in a manner satisfactory to the City Engineer so that it wilt no longer constitute a menace or danger as afore- said. A shorter period of timeney be specified by the City En- gineer if an imminent and immediate hazard is found to exist. Any person receiving notice as set out in this section may ap- peal from the notice of the City Engineer in the manner provided by this ordinance for making appeals. Section 30. Miscellaneous requirements. (a) Provisions shall be made to prevent any surface waters from damaging the cut face of an excavation or the sloping surface of a fill. All drainage provisions shall be of such design as to carry surface water to the nearest practical street, storm drain, or natural water course approved by the City Engin- eer as a safe place to deposit and receive such waters. (b) If at any stage of work on an excavation or fill the City Engineer determines by inspection that the nature of the formation is such that further work as authorized by an ex- isting permit is likely to endanger any property or public way, the City Engineer may require as a condition to allowing further work to be done that such reasonable safety precautions be taken as the City Engineeronsders advisable to avoid such liklihood of danger. Such safety precautions may include but shall not be limited to specifying a flatter exposed slope, construction of additional drainage facilities, berms, terracing, compaction or cribbing. Section 31. Inspection and control of fills. In addition to the inspection of any fills made by the 14 City Engineer, the City Engineer may require a certificate by an approved soil testing agency based on tests of the fill at selected stages. If favorable conditions exist, the City Engineer may by prior approval waive requirements for supervision of, or soil tests by, an approved soil testing agency. Section 32. Excavation adjacent to public property, and private property. No person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, side- walk, alley, or other public or private property without support- ing and protecting such public street, sidewalk, alley, or other public or private property from settling, cracking, or other damage which might result from such excavation. Should the nature of the excavation create a hazard to life, unless ade- quately fenced, the applicant may be required to construct ap- proved fences or guard rails to safeguard persons using the public street, sidewalk, alley or other public or private prop- erty. Section 33. Depositing earth, sand, gravel, etc; where prohibited. (a) No person shall dump, move, or place any earth, sand, gravel, rock, stone, or other excavated material so as to cause the same to be deposited upon or to roll, flow or wash upon or over the premises of another without the express consent of the owner of each such premises so affected or upon or over any public place or way. (b) No person shall, when hauling any earth, sand, gravel, rock, stone, or other excavated material over any place, allow such materials to blow or spill over and upon such street, alley, or place or adjacent private property. (c) When, due to a violation of subdivision (a) of this section, any earth, sand, gravel, rock, stone, or other excavated material is caused to be deposited upon or to roll, flow, or wash upon any public place or way, the person responsi- ble therefor shall cause the same to be removed from said public place or way within thirty-six (36) hours. In the event it is not so removed, the City Engineer shall cause such removal and 15 the cost of such removal by the City Engineer shall be paid to the City by the person who failed to so remove the material. Section 34. False statements. No person who prepares or signs any application or plans or drawings shall willfully make any false statement or furnish false data therein or thereon. Sect,ion 35. Validity. If any section, subsection, sentence, clause, phrase, or portion of this ordinance is for any reason held to be in- valid or unconstitutional by the decision of any court of com- petent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The Council of this City hereby declares that it would have adopted this or- dinance and each section, subsection, sentence, clause, phrase, or portion thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, phrases or por- tions be declared invalid or unconstitutional. Section 36. Penal provision. No person shall violate any provision of this ordin- ance. Any person violating any provision of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be punishable by a fine of not more than Five Hundred (500) Dollars or by imprisonment in the City jail of the City of National City or the county jail of the County of San Diego for a period of not more than six (6) months or by both such fine and such im- prisonment. Section 37. That, before the expiration of fifteen (15) days after its passage, the City Clerk of the City of National City, California, shall cause this ©rdi r `',°ice to be published once in the National City Star -News, a newspaper printed and published in the City of National City, California. 16 PASSED AND ADOPTED by the City Council of the City of National City, California, this 27th day of November 19 62 , by the following vote, to -wit: AYES: Councilmen Allen, Colburn, Hart, Morgan, Gautereaux NAYS: Councilmen None ABSENT: None ATTEST: City Clerk I hereby approve the foregoing yor of the Ci y of Nati al City, California }this 27th Ordinance day of November 19 62 or of the City of N nal City, California I herebycertifythat the above and foregoing is a full and true copyof Resolution No g g Ordinance of the Resolutions Ordinances J of the City of National City, California, as adopted by the City Council of said City, and approved by the Mayor of said City, on the day of , 19 City Clerk of the City of National City, California. Deputy