[Ord. No. 1490 §1, 11-14-2001]
"Grading", for the purposes of requiring a
City grading permit, shall be defined as any grading, excavating,
digging, bulldozing or placement of greater than five (5) cubic yards
of dirt, earth, sand, soil or other aggregate material. Grading shall
also include clearing and grubbing or scarifying more than one thousand
(1,000) square feet of area. This definition shall not include any
work performed for commercial agricultural purposes related to planting,
seeding, spraying, fertilizing, terracing, weed control or harvesting.
[Ord. No. 1490 §1, 11-14-2001]
A.
Permit Required. No person, firm or corporation shall engage in grading operations as defined in Section 540.010 without first having obtained a permit from a City Official authorized to issue such permits.
B.
No permit
shall be issued unless the applicant has first paid a twenty dollar
($20.00) permit fee to the City.
[Ord. No. 1490 §1, 11-14-2001]
A.
No permit
shall be issued to any applicant until adequate information is provided
to the City Building Inspector covering the character, amount, type
of proposed grading and/or any other information that may be requested
for review purposes of such permit.
B.
No permit
shall be issued until such applicant is in possession of a valid City
occupation permit.
C.
No permit
shall be issued to any applicant unless such applicant is in possession
of proof that an underground utility locator service authorized by
the City has been notified of the proposed grading operation.
D.
Grading
in conjunction with other construction activity, including construction
of any building, shall require a separate grading permit in addition
to any other permits that may be required by the City for that construction
activity.
E.
Permit
applicant shall be required to comply will all applicable Federal,
State and local regulations related to runoff, silt and erosion control
including, but not limited to, the requirement to construct, install
or create such grade or physical barriers as may be required to prevent
silt, erosion or runoff from leaving the property or from entering
stormwater ditches, culverts or other devices located in the City
rights-of-way.
[Ord. No. 1490 §1, 11-14-2001]
The issuance or granting of a grading permit upon plans and/or
specifications shall not prevent the City or its duly authorized representative
from thereafter requiring the correction of errors in said plans and
specifications or from requiring corrective action to enforce the
provisions of this Chapter or to prevent work from being carried out
in violation of this Chapter.
[Ord. No. 1490 §1, 11-14-2001]
This Chapter shall not be construed as imposing upon the City
any liability or responsibility for damage resulting from material
or workmanship covering the work performed in accordance with issuance
of a permit. Nor shall the City, any employee or official be held
as assuming any such liability or responsibility by reason of investigation,
supervision or inspection of said work.
[Ord. No. 1490 §1, 11-14-2001]
Any person, firm or corporation violating any of the stipulations
of this Chapter shall be deemed guilty of a misdemeanor and may be
charged, at the option of the City, in Municipal Court. Conviction
of such offense shall be punishable by a fine or confinement to be
established under the general penalty provisions of the City Code.
Each day such violation continues shall be a separate offense.
