Any person who leaves or keeps open any cellar door, pit or vault, or other subterranean opening on any highway or sidewalk, or suffers the same to be left or kept open or to be in an insecure condition so that passersby fall into or will be in danger of falling into the cellar, pit, vault or other subterranean opening, shall be deemed guilty of a misdemeanor. (Prior code § 25-14)

    Any person who suffers any sidewalk in front of the premises owned or occupied by him to become or to continue so broken as to endanger life or limb shall, on conviction, be deemed guilty of a misdemeanor. (Prior code § 25-15)

    The mayor and city council may, upon notice as required by law, let to the lowest responsible bidder, for any period not exceeding one year, a contract for the construction of all cement or concrete sidewalks, which the city council may order to be constructed in pursuance to the provisions of this chapter, during the term of the contract. (Prior code § 15-21)

    Before any contract is let for the construction of any or all cement or concrete sidewalks, which the city council may order to be constructed in accordance with the terms of this chapter, a notice shall be published for at least three weeks in a newspaper printed and published in the city specifying the place where and the date and hour when bids will be received and publicly opened and describing the work to be done and the material to be furnished. All bids submitted for the contract shall be under the seal. (Prior code § 25-22)

    All contracts for the construction of concrete sidewalks shall be let to the lowest responsible bidder. The successful bidder shall be required to give the city a bond for the performance of his contract in a penal sum equal to the amount of the construction work which it is estimated will be awarded to him and ordered to be done. In the event that at any time during the period of the contract it appears that the amount of the construction work awarded to the contractor shall exceed the amount of his bond, then and in that event the city council may require the contractor to furnish an additional bond in favor of the city. (Prior code § 25-23)

    Whenever a majority of the city council decides by vote that any sidewalk improvements are necessary, they shall immediately order the sidewalk or sidewalks to be constructed, reconstructed or repaired within the limitations and in the manner provided in this chapter. (Prior code § 25-24)

    Upon the city council ordering the reconstruction, repair or construction of any cement or concrete sidewalks, the city clerk shall immediately give notice thereof, in writing, served personally on the owner or owners or agents of the abutting property, or by publication once a week for a period of four weeks in one of the local newspapers of general circulation, published once a week or oftener in the city, fully describing therein the termini, course, width and character of the walk ordered, and allowed a period of thirty days during which abutting property owners so desiring may construct the walk and improvements abutting their property, and further providing that all such sidewalks so ordered remaining unbuilt at the expiration of the thirty days from the date or dates of service, or of the first publication of the notice or notices shall be constructed by the city contractor for the construction of cement or concrete sidewalks. (Prior code § 25-25)

    At the expiration of thirty days from the date or dates of service, or of the first publication of the notice or notices aforesaid, in the event that there is not on file in the office of the city clerk a copy of a bona fide contract or contracts between abutting property owners and a responsible concrete contractor providing for the construction of the sidewalk improvement abutting his or their property during the building season of the year, in which the improvements as required to be made, the director of public works shall notify the city cement or concrete sidewalk contractor to build such portions of the sidewalk ordered that may not yet be built or contracted for as provided in this chapter, and that the contractor shall within sixty days from the date of the notification by the director of public works or the street commissioner construct the sidewalk in accordance with the terms of this chapter, and the plans and specifications, as prepared by the city engineer, and further in accordance with his contract with the city at the time of the construction. (Prior code § 25-26)

    The construction, reconstruction and repair of all the sidewalks, crossings, curbs and gutters performed under and by virtue of the provisions of this chapter shall conform to the plans and specifications provided for the work and materials by the city engineer. (Prior code § 25-27)

    All sidewalks shall conform to the established grade upon which they are constructed, which grade shall be in all cases shown or designated by the city engineer, and whenever any sidewalk is not laid to the grade of the city, the city council may direct the sidewalk to be rebuilt to conform to the grade, and the same proceedings shall govern the rebuilding of any such sidewalks as is provided in this chapter for the construction of sidewalks, and shall be enforced accordingly. (Prior code § 25-28)

    In all cases where the sidewalks have been constructed, reconstructed or repaired by the owner of abutting property, and the work has been done by the city, the total costs of all cement or concrete sidewalks constructed by the city, cement or concrete sidewalk contractor in accordance with the orders of the city council and in pursuance of the provisions of this chapter, which total cost shall include that of the sidewalk proper, as well as that of any notice, curbing, guttering, grading, hand railing, private crossing and all other necessary expenses shall be assessed by the city council by motion, resolution or ordinance as a special assessment or assessments against the property in front of which cement or concrete sidewalk is built or constructed. The property occupying street corners shall be assessed for that part of the sidewalk thereon which is within the street intersection. (Prior code § 25-29)

    All the costs and expenses of building and constructing any and all cement or concrete sidewalks constructed by the city cement or concrete sidewalk contractor in pursuance of the provisions of this chapter shall be defrayed by special assessments, assessed as provided in this chapter and payable in installments and extending over a period of four years, and the council, for the installments, may issue special improvement warrants and levy assessments to pay them, which assessments shall be collected as other city taxes. (Prior code § 25-30)

    Upon all deferred payments there shall be collected simple interest at the rate of six percent per year from the date when the city council issues special improvement warrants and when each payment becomes due, interest on all deferred payments shall also become due. The city treasurer shall, and he is authorized to, receive payment in full and give receipt therefor for the entire special assessment of this character, on any property, with interest to the date of payment, at any time it may be tendered by the owner or agent, and upon the receipt of any such entire payment the city treasurer shall give due notice thereof in writing to the proper tax authority. (Prior code § 25-31)

    Any person who owns land which either abuts or adjoins a street, alley right-of-way, easement or other way belonging to or dedicated for public use may request it be vacated according to law by the city in the manner set out in this chapter. (Ord. 5-78 § 1 (part))

    Any person desiring the vacation of any public way as described in Section 12.08.010 must first submit a petition to the city engineer's office which contains the following information:

    A.    The petitioner's name and address;

    B.    The location of his property in relation to the area proposed to be vacated;

    C.    The names and addresses of all property owners who either adjoin or abut upon the area proposed to be vacated;

    D.    A legal description of the area to be vacated;

    E.    The consent of the majority of the owners owning a majority of the property abutting on the area proposed to be vacated and extending three hundred feet in either direction from the area to be vacated;

    F.    Written comments from the appropriate utilities and other public entities affected by the proposed vacation; and

    G.    A current appraisal of the fair market value of the properties to be vacated, by one qualified to give the appraisal, to be used in arriving at the determination of the value to be paid by the petitioner in consideration for the vacation of the properties. (Ord. 5-78 § 1(a))

    Upon submission of the petition in the proper form, the city engineer shall forward the petition to the planning commission, who shall review the petition and make written recommendations thereon to the city council. (Ord. 5-78 § 1(b))

    Any person submitting a request for the vacation of a public way shall accompany such request with payment of the permit fee as established by ordinance of the City Council, as provided in Title 4 of this code. (Ord. 4A-90) (Ord. No. 10A-94, Amended, 10/04/94)

    The city council may review the petition and recommendations thereon and if after a finding that the proposed vacation is appropriate, shall proceed to vacate it by ordinance, subject to any reservations or restrictions it may deem necessary. (Ord. 5-78 § 1(c))

    Upon passage of the ordinance, the mayor is authorized to convey the properties so vacated to the abutting property owners accordingly by quitclaim deed. (Ord. 5-78 § 2)

    A.    The purpose of this chapter is to safeguard life, limb, property and public welfare by establishing minimum requirements for regulating grading and drainage and procedures by which these requirements may be enforced.

    B.    All grading shall be performed in accordance with the provisions of this chapter but shall not be construed to prevent the enforcement of other laws which prescribe more restrictive limitations nor shall the provisions of this chapter be presumed to waive any limitations imposed by other statutes or ordinances. (Ord. 2D-79 § 1)

    This chapter sets forth rules and regulations to control earthwork construction, including excavation embankments and drainage on property other than public street and alley rights-of-way; establishes the administrative procedure for issuance of permits; and provides for approval of plans, specifications and inspection of the construction. (Ord. 2D-79 § 2)

    For the purposes of this chapter, the words and phrases defined in this section shall be construed in accordance with the definitions set forth unless it is apparent from the context that a different meaning is intended:

    A.     "Bedrock" means solid, undisturbed bedrock in place either at the ground surface or beneath surface deposits of gravel, sand or soil.

    B.    "City engineer" refers to the engineer employed or contracted by the city for the purpose of providing engineering services, and inspecting the plans and construction of public facilities.

    C.     "Excavation" means any act by which earth, sand, gravel, rock or other earthen material is cut into, dug, uncovered, displaced or relocated, and includes the conditions resulting therefrom.

    D.     "Existing grade" means the grade or elevation of the existing ground surface prior to excavating or filling.

    E.     "Fill" means deposits of soil, rock or other materials placed by men.

    F.     "Finish grade" means the final grade or elevation of the ground surface after grading is completed.

    G.     "Grading" means any excavating or filling or combination thereof and includes the conditions resulting from any excavation or fill including the natural drainage pattern.

    H.     "On-site retention" means the retention of storm water volume that falls on the site for a given design frequency storm, the site being exclusive of public streets, alleys or other land dedicated for public use.

    I.     "Outfall of lot" means the lowest point of the lot (when final grading and improvements are complete) that will provide for continuity of drain water disposal to the street, alley or drainage channel or easement.

    J.     "Project engineer" means the engineer who is licensed by the state and who has been employed to design or oversee work regulated by this chapter.

    K.     "Rough grade" means an approximate elevation of the ground surface conforming to the proposed design.

    L.     "Site" means any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted.

    M.     "Soil" means all earth material of whatever origin that overlies bedrock. (Ord. 2D-79 § 7)(Ord. 11-2007, Amended, 11/06/2007)

    The official charged with the enforcement of this chapter is the director of planning in cooperation with the city engineer. (Ord. 2D-79 § 3)
(Ord. 11-2007, Amended, 11/06/2007)

    The director of planning may grant a minor variance to this chapter's provisions and amendments relating thereto when there exists an unnecessary hardship substantially limiting the preservation and enjoyment of property rights resulting from a literal interpretation of this chapter. This minor variance shall not be authorized unless it is found that:

    A.    Special circumstances or conditions apply to this permit application; and

    B.    Authorizing of the minor variance is necessary for the preservation and enjoyment of substantial property rights; and

    C.    Authorizing of the minor variance will not be materially detrimental to the persons residing or working in the vicinity, or adjacent property, to the neighborhood or to the public welfare in general; and

    D.    Granting of the minor variance will be in harmony with the purposes sought to be attained by this chapter. (Ord. 2D-79 § 4)
(Ord.. 11-2007, Amended, 11/06/2007)

    A.    No person shall obtain a building permit that is required by the city for work in or over any natural watercourse, drainage way, canyon, ravine, arroyo or other potential flood hazard area without first having obtained a grading permit from the city.  The fee for such permit shall be as established by ordinance of the City Council, as provided in Title 4 of this code. (Ord. 2D-79 § 5(a)) (Ord. No. 10A-94, Amended, 10/04/94)

    No person shall do any grading without first having obtained a grading permit from the director of planning except for the following:

    A.    An excavation which:

    1.    Is less than two feet in depth, or

    2.    Does not create a cut slope greater than five feet in height and steeper than one and one-half horizontal to one vertical;

    B.    A fill less than one foot in depth and placed on natural terrain with a slope flatter than five horizontal to one vertical and which does not exceed one hundred cubic yards on any one site and does not obstruct a drainage course;

    C.    An excavation below finished grade for basements and footings of a building, retaining wall or other structure authorized by a valid building 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 the structure;

    D.    Excavation or deposit of earth materials within a property which is dedicated or used, or to be used for cemetery purposes not obstructing a watercourse except where the grading is within one hundred feet of the property line or intended to support structures;

    E.    Mining, quarrying, excavating, processing, stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law; provided, that the operations do not affect the lateral support or unduly increase the stresses in or pressure upon any adjacent or contiguous property;

    F.    Grading in an isolated, self-contained area if the director of planning finds that no apparent danger to private or public property can now or thereafter result from the grading operations;

    G.    Grading in public rights-of-way and easements done under a permit issued by the office of the director of planning;

    H.    Grading by a public utility company in private easements which do not obstruct a natural watercourse;

    I.    Sanitary landfills and refuse disposal areas which are regulated by an appropriate governmental agency;

    J.    Grading by departments of the city or grading by contractors on city projects. (Ord. 2D-79 § 5(b))
(Ord. 11-2007, Amended, 11/06/2007)

    A.    To obtain a grading permit, the applicant shall file therefor in writing on a form furnished by the city engineer. A separate application shall be required for each site and may cover both excavation and filling.

    B.    Every such application shall:

    1.    Identify and describe the work to be covered by the permit for which application is made;

    2.    Describe the land on which the proposed work is to be done by lot, block, tract or similar description that will identify readily and definitely locate the proposed work and give name and address of property owner;

    3.    Identify the intended use for which the site is being prepared;

    4.    Give proposed location of deposit area and name and address of person who will receive excavated material and evidence that he is willing to receive the material (if off-site);

    5.    Be accompanied by plans, specifications and a soil report as required in this chapter;

    6.    State the estimated quantities of earthwork involved;

    7.    Be signed by the permittee, or his authorized agent, who may be required to submit evidence to indicate such authority;

    8.    Give such other information as reasonably may be required by the director of planning.

    9.    Payment of the permit fee as established by ordinance of the City Council, as provided in Title 4 of this code. (Ord. 2D-79 § 8(a)) (Ord. No. 10A-94, Amended, 10/04/94)(Ord. 11-2007, Amended, 11/06/2007)

    A.    Each application for a grading permit shall be accompanied by two sets of plans, specifications and a soil report, except when waived by the city engineer for minor or insignificant work. The plans, specifications and soil report shall be prepared and signed by an engineer licensed by the state.

    B.    Exceptions.

    1.    Plans and specifications need not be prepared by a licensed engineer if the director of planning in cooperation with the city engineer waives the requirement because technical engineering is not required, and all other laws and regulations are complied with.

    2.    When waived by the city engineer in cases where soils and geologic conditions are not significant factors in the design, a soil report need not be submitted.

    3.    Plans, specifications and soil reports shall not be required by the director of planning for work in a legal subdivision, or for work which is in an area under an approved site plan required by the zoning ordinance, provided the subdivision or site plan approval is granted subsequent to the effective date of the ordinance codified in this chapter. The requirements of this chapter shall be fulfilled during the approval process of the subdivision or site plan. (Ord. 2D-79 § 8(b))(Ord. 11-2007, Amended, 11/06/2007)

    A.    Plans shall be drawn to scale upon substantial paper, polyester film or cloth and shall be of sufficient clarity to indicate the nature and extent of the work proposed and show in detail that they will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. The first sheet of each set of plans shall give the location of the work and the name and address of the owner and engineer by whom they were prepared. The plans shall show, but need not be limited to, the following information:

    1.    General vicinity map of the proposed site;

    2.    Property limits and accurate contours of existing ground and details of terrain and area drainage. All elevations shall be to U.S. Coast and Geodetic Survey datum;

    3.    Limiting dimensions, elevations, slopes and finish contours or elevations to be achieved by the grading, and proposed drainage channels and related construction;

    4.    Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of, the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drainage system;

    5.    Location of any buildings or structures on the property where the work is to be performed and the location of any buildings or structures on land of adjacent property owners which are within fifteen feet of the property or which may be affected by the proposed grading operations;

    6.    Provisions for on-site retention of storm water, unless waived by the director of planning with the approval of the city engineer, or otherwise not required by this chapter;

    7.    Any additional plans, drawings, specifications or calculations reasonably required by the city engineer.

    B.    Specifications shall contain information covering construction and material requirements.

    C.    Plans and specifications shall be based on the soil report when such a report is required. (Ord. 2D-79 § 8(c))(Ord. 11-2007, Amended, 11/06/2007)

    The soil report shall show the information obtained from surface, subsurface and geological investigations necessary to provide information on which to base the design of the proposed project. The report shall include, but need not be limited to, pertinent data as applicable to the proposed project, concerning:

    A.    The nature, distribution and strength of existing soil and rock;

    B.    Geologic factors affecting stability and safety;

    C.    Conclusions and recommendations for grading requirements including the correction of weak and/or unstable soil conditions;

    D.    Opinions and recommendations covering the adequacy of site to be developed by the proposed grading operations. (Ord. 2D-79 § 8(d))

    A.    The issuance of a grading permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the site plans and specifications approved by the director of planning.

    B.    The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of any violation of or deviation from the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter or deviation therefrom, ensued. When the violation occurs, the permit shall be deemed to be cancelled and the ground restored to the condition it was in prior to start of the grading work.

    C.    The issuance of a permit, based upon drawings and specifications, shall not prevent the director of planning from thereafter requiring the correction of errors in the drawings and specifications or from stopping unlawful construction operations being carried on thereunder. (Ord. 2D-79 § 9(a))(Ord. 11-2007, Amended, 11/06/2007)

    Permits issued under the requirements of this chapter shall not relieve the owner of responsibility for securing required permits for work to be done which is regulated by any other ordinance, department or division of the city or other governing agency. (Ord. 2D-79 § 9(b))

    A.    The permittee shall fully perform and complete all of the work required to be done pursuant to the grading permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty days after the date of the issuance of the grading permit.

    B.    If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the city engineer a request for an extension. If, in the opinion of the director of planning, such an extension is warranted, he may grant additional time for the completion of the work. (Ord. 2D-79 § 9(c))(Ord. 11-2007, Amended, 11/06/2007)

    All persons performing any grading operations shall comply with all state, federal and local laws and put into effect all safety precautions which are necessary in the opinion of the director of planning and provide adequate anti-erosion and/or drainage devices, debris basins, or other safety devices to protect the life, limb, health and welfare and private and public property of others from damage of any kind. (Ord. 2D-79 § 9(d))(Ord. 11-2007, Amended, 11/06/2007)

    In granting any permit under this chapter, the director of planning may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. Such conditions may include, but shall not be limited to:

    A.    Compliance with dust control requirements of the city;

    B.    Requirements for fencing of excavations or fills which would otherwise be hazardous;

    C.    Improvement of any existing site condition to bring it up to the standards of this chapter. (Ord. 2D-79 § 9(e))(Ord. 11-2007, Amended, 11/06/2007)

    Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions of this chapter, or with any conditions imposed in the permit issued under this chapter, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property. (Ord. 2D-79 § 9(f))

    Should the director of planning find the work under any permit issued under these provisions is not proceeding in accordance with the drawings, specifications, and details of the application which the permit was issued, and/or is proceeding in violation of this chapter or any other ordinance of the city, or should he find that there has been any false statement or misrepresentation as to a material fact in the application, payment for the permit or plans on which the permit was based, the director of planning shall notify the person obtaining the permit and the owner that such work fails to conform to the permit, or that the permit was obtained by false representations and that the failure in obtaining the permit be corrected without delay. If the owner or person obtaining the permit fails or refuses to make such correction within the time specified in the notice, the director of planning shall revoke the permit and serve notice of the revocation upon the person to whom the permit was issued. The notice shall be in writing and signed by the director of planning. It is unlawful for any person to proceed with any part of the work after the notice is served. (Ord. 2D-79 § 9(g))(Ord. 11-2007, Amended, 11/06/2007)

    If, in the opinion of the director of planning, the land area for which grading is proposed is subject to geological or flood hazard to the extent that the proposed corrective work will not eliminate or sufficiently reduce the hazard to human life or property, the grading permit and the building permits for habitable structures shall be denied. (Ord. 2D-79 § 10(a))(Ord. 11-2007, Amended, 11/06/2007)

    The city engineer shall not issue a permit in any case where he finds that the work as proposed by the applicant will endanger any private property or result in the deposition of debris on any public way or seriously interfere with any existing drainage course. However, if it can be shown to the satisfaction of the city engineer that the hazard would be essentially eliminated by the construction of retaining structures, buttress fills, drainage devices, or by other means, the city engineer may issue the permit after the applicant has complied with Sections 12.12.100 and 12.12.110. (Ord. 2D-79 § 10(b))

    A.    A permit shall not be issued for more than one thousand cubic yards of grading or for grading that can affect adjacent property or drainage unless the permittee shall first post with the director of planning a cash bond or a bond executed by the owner and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project, including corrective work necessary to remove and eliminate geological hazards, all as determined by the director of planning.

    B.    The bond (cash or surety) shall include penalty provisions on a form approved by the city attorney for failure to complete the work on schedule. (Ord. 2D-79 § 12(a))(Ord. 11-2007, Amended, 11/06/2007)

    Every bond shall include the conditions that the permittee shall:

    A.    Comply with all of the provisions of this chapter and other applicable laws and ordinances;

    B.    Comply with all of the terms and conditions of the permit for excavation or fill to the satisfaction of the director of planning;

    C.    Complete all of the work contemplated under the permit within the time limit specified in the permit or in subsection A of Section 12.12.140. The director of planning may, for sufficient cause, extend the time specified in the permit but no such extension shall release the surety upon the bond. (Ord. 2D-79 § 12(b))(Ord. 11-2007, Amended, 11/06/2007)

    A.    In lieu of providing assurance of construction in the manner provided in Sections 12.12.220 through 12.12.240, the permittee may provide assurance of construction for grading improvements by delivering to the director of planning, prior to the issuance of a permit, an appropriate agreement between an approved lending institution and the permittee, stating that funds sufficient to cover the entire cost of performing the proposed work, including engineering and inspection costs, in an amount approved by the director of planning, have been deposited with the approved lending institution, or have been committed to be loaned by the lending institution to the permittee. The agreement shall provide that the funds in the stated amount are specifically allocated, and will be used by the permittee, or on his behalf, only for the purpose of performing the grading improvements. The city shall be the beneficiary of the agreement, or the permittee's rights thereunder shall be assigned to the city and the director of planning shall approve each disbursement of any such funds. The agreement may also contain terms, conditions and provisions normally included by the lending institutions in load commitments for construction funds, or as may be necessary to comply with statutes and regulations applicable to the lending institutions.

    B.    In the event a bond or approved assurance for the proposed work is provided through some other ordinance or stipulation, a second assurance to fulfill this chapter will not be required. (Ord. 2D-79 § 12(d))

    Cuts shall not be steeper in slope than one and one-half horizontal to one vertical unless a retaining wall or other approved support is provided or unless the owner furnishes a soils engineering report proving to the satisfaction of the city engineer that the proposed deviation will be stable, will not endanger any property or result in the deposit of debris on any public way or interfere with any existing drainage course. (Ord. 2D-79 § 13(a))

    Cut slopes exceeding forty feet in vertical height shall be terraced. Drainage terraces are to be a minimum of six feet wide, paved, and must carry water to a safe disposal area. Terraces shall be cut at intervals not exceeding thirty feet vertically. Where only one terrace is required, it shall be at mid-height. (Ord. 2D-79 § 13(b))

    All material placed as fill shall be bladed and graded to a uniform surface and shall not be left on the site as irregular dumping. (Ord. 2D-79 § 14(a))

    A.    All fill shall be compacted to not less than the minimum densities as listed in this section and as determined in accordance with ASTM D698-70. Field density shall be determined by ASTM D1556-64 and/or standard methods for density of soil and soil-aggregate in place of nuclear methods (shallow depth), ASTM D2922-71.

*    Unless a modification is indicated based on a soils report.

    B.    Fills which will support the foundations of structures shall be constructed under the supervision of an engineer licensed by the state. Exceptions:

    1.    Fills in non-hillside areas that are made for yard purposes and which do not exceed eighteen inches in depth need not be compacted;

    2.    Sanitary landfills and refuse disposal areas which are regulated by an appropriate governmental agency.

    C.    When foundations of structures are not to be supported by the fill, the city engineer may allow deviations from the above requirements if he finds that their strict enforcement is unduly restrictive for the intended purpose. (Ord. 2D-79 § 14(b))(Ord. 11-2007, Amended, 11/06/2007)

    The area over which fills are to be made shall be cleared of all trash, trees, stumps, timber, debris or other material not suitable as a foundation for a fill. Where slopes are five horizontal to one vertical or steeper, scarifying or benching into sound bedrock or other competent material shall be required. Five feet of the lowermost bench shall be exposed beyond the toe of the fill. The bench shall be sloped for sheet overflow or a paved drain shall be provided. (Ord. 2D-79 § 14(c))

    A.    No fill shall be made which creates an exposed surface steeper in slope than one and one-half horizontal to one vertical.

    B.    The director of planning may require that the fill be constructed with an exposed surface flatter than one and one-half horizontal to one vertical if this is necessary for stability and safety. Slopes of fills which are not compacted in accordance with Section 12.12.290 may not exceed two horizontal to one vertical. (Ord. 2D-79 § 14(d))(Ord. 11-2007, Amended, 11/06/2007)

    The material to be used for fill shall be approved by the director of planning prior to use when the fill is to support the foundations of structures. No organic material shall be permitted in fills. Except as permitted by the director of planning, no rock or similar irreducible material with a maximum dimension greater than eight inches shall be buried or placed in fills. (Ord. 2D-79 §14(e))(Ord. 11-2007, Amended, 11/06/2007)

    All fill slopes in excess of thirty feet vertical height shall have paved drainage terraces at vertical intervals not exceeding twenty-five feet. Where only one terrace is required, it shall be at mid-height. Terraces shall drain into a paved gutter, pipe or other watercourse adequate to convey the water in a safe disposal area. The terrace shall be at least six feet wide. (Ord. 2D-79 § 14(f))

    Fills toeing out on natural slopes which are steeper than two horizontal to one vertical will not be permitted. (Ord. 2D-79 § 14(g))

    A.    Cuts and fills shall be set back from property lines and buildings shall be set back from cut or fill slopes in accordance with Figure No. 1 of the ordinance codified in this chapter, on file in the office of the city clerk. Retaining walls may be used to reduce the required setback when approved by the city engineer.

    B.    Fill placed on or above the top of an existing or proposed cut or natural slope steeper than three horizontal to one vertical shall be set back from the edge of the slope a minimum distance of six feet.

    C.    Building foundations shall be set back from the top of slope a minimum distance of six feet for all cut slopes steeper than two horizontal to one vertical. No buildings shall be constructed on cut or fill slopes steeper than three horizontal to one vertical.

    D.    The setbacks given in this section are minimum and may be increased by the director of planning as approved by the city engineer if considered necessary for safety or stability or to prevent possible damage from water, soil or debris. (Ord. 2D-79 § 15)(Ord. 11-2007, Amended, 11/06/2007)

    No person shall alter any natural drainage course or existing drainage facility in such a way as to damage or endanger by flooding, erosion or any other means any public or private property or improvements. (Ord. 2D-79 § 16(a))

    All drainage facilities shall be designed to carry surface waters to the nearest practical street, storm drain, or natural watercourse approved by the city engineer and any other governmental agency having jurisdiction as a safe place to deposit such waters. (Ord. 2D-79 § 16(b))

    Adequate provision shall be made to prevent surface waters from damaging the face of an excavation or fill. All slopes shall be protected from surface water runoff from above by berms or swales. (Ord. 2D-79 § 16(c))

    All swales or ditches on drainage terraces shall be graded to provide suitable drainage and designed to prevent erosion and provide durability. (Ord. 2D-79 § 16(d))

    A.    Retention of storm water shall be required for all new subdivisions containing twenty or more single-family residential lots or which consist of ten or more acres in gross area.

    B.    Except where provisions for retention of storm waters have been made as stipulated in subsection A of this section, on-site retention of storm water shall be required for all developments equal to or exceeding one-half acre in size unless the site is served by a storm sewer, channel or natural drainageway having an adequate outlet capacity from the development to a major drainage outfall such as, but not limited to, a storm drain or natural watercourse approved by the city engineer as a safe place to deposit such waters.

    C.    Storm water retention provisions shall be adequate to contain the computed difference of water volumes between the historic and developed flows resulting from a one-hundred-year frequency storm. The tributary area used in the computation shall be the area of the subdivision or the development site. The method of water volume computation shall be in accordance with the standards available to the public and on file with the director of planning. The requirement for on-site retention may be waived by the director of planning if he determines that the retention is impractical because of, but not limited to steep terrain, poor percolation, or incompatibility with existing or surrounding improvements. The director of planning may require additional drainage studies or reports in such cases to determine if a critical drainage problem will be created on adjacent or downstream properties. (Ord. 2D-79 § 17)(Ord. 11- 2007, Amended, 11/06/2007)

    All fills used or intended to be used for the support of foundations of structures and, when required by the director of planning, all grading affecting stability of adjacent property, shall be performed under the supervision of a project engineer registered in the state and shall be designated "supervised grading." Grading not supervised in accordance with Sections 12.12.410 through 12.12.440 shall be designated "regular grading." (Ord. 2D-79 §18(a))(Ord. 11-2007, Amended, 11/06/2007)

    The director of planning may inspect the work, and may require adequate inspection and compaction control by a soils testing agency. (Ord. 2D-79 § 18(b))(Ord. 11-2007, Amended, 11/06/2007)

    A.    For supervised grading, it shall be the responsibility of the project engineer to supervise and coordinate all site inspection and testing during grading operations. Soils reports shall also be required as specified in Sections 12.12.080 through 12.12.110. All necessary reports, compaction data, and soils engineering and engineering geological recommendations shall be submitted to the director of planning by the project engineer.

    B.    Soil reports certifying the compaction or acceptability of all fills shall be required except as exempted by Section 12.12.290. These shall include, but not be limited to, inspection or areas cleared, compacted and otherwise prepared to receive fill; the placement and compaction of fill material; the bearing capacity of the fill to support structures; and the inspection or review of the construction of retaining walls, subdrains, drainage devices, buttress fills and similar measures. (Ord. 2D-79 § 18(c))(Ord. 11-2007, Amended, 11/06/2007)

    If, in the course of fulfilling his responsibility under this chapter the project engineer finds that the work is not being done in conformance with this chapter or the plans approved by the director of planning, he shall immediately notify the person in charge of the grading work and the director of planning in writing of the nonconformity and of the corrective measures to be taken. (Ord. 2D-79 § 18(d))(Ord. 11-2007, Amended, 11/06/2007)

    A.    If, at any stage of the work, the city engineer determines by inspection that further grading as authorized will endanger any property or result in the deposit of debris on any public way or interfere with any existing drainage course, the city engineer shall require, as a condition to allowing the work to be completed, that such reasonable safety precautions be taken as he considers advisable to avoid such likelihood of damage.

    B.    Notice to comply shall be submitted to the permittee and owner in writing. After a notice to comply is written, a period of ten days shall be allowed for the contractor to begin to make the corrections unless an imminent hazard exists, in which case the corrective work shall begin immediately.

    C.    If the city engineer finds any existing conditions not as stated in the grading permit or approved plans, he may refuse to approve further work until approval is obtained for a revised grading plan which will conform to the existing conditions. (Ord. 2D-79 § 19)

    A.    Compliance with Plans and Requirements. All permits issued under this chapter shall be presumed to include the provision that the applicant, his agent, contractors or employees shall carry out the proposed work in accordance with the approved plans and specifications and in compliance with all the requirements of this chapter.

    B.    Protection of Utilities. During the grading operations, the permittee shall be responsible for the prevention of damage to any street or drainage facility or to any public utility or service. This responsibility applies within the limits of grading and along any routes of travel of equipment.

    C.    Protection of Adjacent Property. The permittee is responsible for the prevention of damage to adjacent property and no person shall excavate on land sufficiently close to the property line to endanger any adjoining public street, sidewalk, alley or other public or private property prior to supporting and protecting the property from settling, cracking or other damage which might result. (Ord. 2D-79 § 20)

    Whenever any existing excavation or embankment or fill has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainageway, such condition shall be deemed a nuisance and the owner of the property upon which the excavation or fill is located, or other person or agent in control of the property, upon receipt of notice in writing from the director of planning shall, within the period specified therein, repair or eliminate the excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter. (Ord. 2D-79 § 6)(Ord. 11-2007, Amended, 11/06/2007)

    No modification of the approved grading plans may be made without the approval of the director of planning. All necessary soils and geological reports shall be submitted with the plans. (Ord. 2D-79 § 21)(Ord. 11-2007, Amended, 11/06/2007)

    A.    Final Reports. Upon completion of the work, the director of planning may require the following reports:

    1.    Certification by the project engineer that all grading, lot drainage, and drainage facilities have been completed in conformance with the approved plans and this chapter;

    2.    A soils engineering report including certifications of soil bearing capacity of compacted fills, summaries of field and laboratory tests and locations of tests;

    3.    An engineering geology report based on the final construction. It shall include specific approval of the grading as affected by geological factors. Where necessary, a revised geologic map and cross-sections, and any recommendations regarding building restrictions or foundation setbacks, shall be included.

    B.    Notification of Completion. The permittee or his agent shall notify the director of planning when the grading operation is ready for final inspection. Final approval shall not be given until all work including installation of all drainage structures and their protective devices, have been completed and required reports have been submitted. (Ord. 2D-79 § 22)(Ord. 11-2007, Amended, 11/06/2007)

    A.    Any violation of the provisions of this chapter shall be deemed unlawful and subject to the general penalty provisions as provided in Chapter 1.08 of this code in addition to any and other lawful action which the city may take for the prevention of the violation of this chapter.

    B.    Any bond, performance bond, assurances, loan commitment or all other guarantees provided pursuant to the terms of this chapter shall, in the event of the permittee's failure to complete the work or failure to comply with any or all conditions of the permit or of this chapter, shall be forfeitable to the order of the city for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any or all such work as required thereunder to be completed pursuant to the terms and conditions as provided in the permit or this chapter. (Ord. 2D-79 § 23)

    The police department may, upon request of any city department, restrict the use of, or close, any city street whenever the requesting department considers the closing or restriction necessary:

    A.    For the protection of the public;

    B.    For the protection of the street from damage or during construction, improvement or maintenance operations thereon;

    C.    For construction, improvements or maintenance on any water main, sewer main or other public utility. (Ord. 3-76 § 1)

    Whenever in this chapter the following terms or pronouns in place of them are used, the intent and meaning shall be interpreted as set out in this article. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Contractor" means the individual, firm, association, corporation, governmental agency or any other legal entity which is responsible for performing the actual construction and/or installation of all or any portion of the project for which a permit is required. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Emergency" means unforeseen occurrences and combinations of circumstances involving the public welfare or the protection of work already done, or which endanger life or property and call for immediate action or remedy. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "City Engineer" refers to the engineer employed or contracted by the city for the purpose of providing engineering services and inspecting the plans and construction of public facilities.(Ord. 1A-79 § 1 (part): prior code §25-42 (part))(Ord. 11-2007, Amended, 11/06/2007)

    "Excavation" means any opening in the surface of a public place made in any manner whatsoever, except an opening into a lawful structure below the surface of a public place, the top of which is flush with the adjoining surface and so constructed as to permit frequent openings without injury or damage to the public place. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Improvement" means any pipe, pipeline, tube, main, service, tap, vent, vault, manhole, meter, gauge, regulator, valve, conduit, wire, tower, pole, pole line, anchor, cable, junction box, transformer, ditch, roadway, pavement, driveway, parkway, sidewalk, pedestrianway, parking area or any other work, material, structure or object of any kind or character, whether enumerated in this section or not, which is or may be lawfully constructed, left, placed or maintained in, upon, along, across, under or over a public place. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Performance bond" means the security provided by the permittee or his contractor solely for the protection of the city and conditioned upon the faithful performance of the contract in accordance with the plans, specifications and conditions thereof. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Permittee" means the individual, firm, association, corporation, governmental agency or any other legal entity which is responsible for the project necessitating the improvements proposed or under construction. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Person" means any person, firm, partnership, association, corporation, company or organization of any kind. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Project engineer" means the professional engineer employed by the permittee to design and/or supervise the improvement construction. In the case of a city improvement project, the project engineer may be the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Public improvement" means any drainage ditch, roadway, parkway, sidewalk, pedestrianway, off-street parking area, lot improvement or other facility for which the city may ultimately assume the responsibility for maintenance and operation. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Public place" means any public street, way, place, alley, sidewalk, park, square, plaza or any other public property owned or controlled by any governmental agency in a governmental capacity. "Public place" shall also mean any property which is proposed to be dedicated or used as public property in the future or which can reasonably be expected to become a public place in the future. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Specifications" means the descriptions, directions, provisions and requirements for performing the work on a specific project. In all cases, the city's standard specifications shall govern in all applicable circumstances. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Standard details" means uniform detail drawings of structures or devices adopted as standard construction details by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Standard specifications" means uniform general specifications adopted as standard specifications by the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    "Substructure" means any pipe, conduit, duct, tunnel, manhole vault, buried cable or wire, or any other structure located below the surface of any public place. (Ord. 1A-79 § 1 (part): prior code § 25-42 (part))

    No person shall make any excavation or perform any work or construction in any public place without first obtaining a permit to do so from the engineer except as otherwise provided in this chapter. (Ord. 1A-79 § 1 (part): prior code § 25-43(a))

    No permit shall be issued unless a written application (on a form provided by the engineer) for the issuance of a permit is submitted to the engineer. The written application shall state the name and address and principal place of business of the permittee, the authority of the applicant to occupy the public place for which the permit is sought, the location and dimensions of the improvements, the purpose of the facility and the length of time which will be required to complete such work including removing all obstructions, material and debris. The application, when approved and signed by the engineer, shall constitute a permit. (Ord. 1A-79 § 1 (part): prior code § 25-43(b))

    No permit shall be issued until acceptable plans for the proposed improvements have been submitted and approved by the engineer except in cases when the work is of such nature that the adopted standard details adequately governs the quality of materials and workmanship. (Ord. 1A-79 § 1 (part): prior code § 25-43(c))

    Nothing in this chapter shall be construed to prevent the making of excavations as may be necessary for the preservation of life or property or for the location of trouble in conduit or pipe, or for making repairs; provided, that the person performing such work shall apply to the engineer for such a permit on the first working day after such work is commenced. (Ord. 1A-79 § 1 (part): prior code § 25-43(d))

    A permit fee shall be charged by the city for the issuance of any permit required by this chapter. The fees for such a permit shall be established by ordinance of the City Council, as provided in Title 4 of this code. (Ord. 1A-79 § 1 (part): prior code § 25-43(e)) (Ord. No. 10A-94, Amended, 10/04/94)

    A.    No permit, as provided for in this chapter, shall be required for private improvements such as private sidewalks or driveways connecting from private facilities to public facilities within a public place when such private improvements are being constructed as part of a building construction project for which a building permit has been issued by the building official.

    B.    City departments, performing normal maintenance and construction functions, are exempt from the requirement to obtain permits.

    C.    No permit shall be required for the installation, replacement, maintenance or repair of aboveground utility facilities when the work is performed by a corporation franchised by the city to supply or convey electricity or communication impulse. This exception shall specifically apply to aboveground conduits, wires, towers, poles, pole lines, anchors, cables, transformers and junction boxes. (Ord. 1A-79 § 1 (part): prior code § 25-43(f))

    A.    The issuance of a permit shall constitute an authorization to do only that work which is described or illustrated on the application for the permit or on the plans and specifications approved by the engineer.

    B.    The issuance of a permit or the approval of drawings and specifications shall not be construed to be a permit for, nor an approval of any violation of or deviation from the provisions of this chapter or any other ordinance, law, rule or regulation. A permit issued shall be invalid if, in the work completed, a violation of this chapter or deviation therefrom, ensued. When such violation occurs, the permit shall be deemed to be cancelled and the public place restored to the condition it was in prior to the start of the work.

    C.    The issuance of a permit, based upon drawings and specifications, shall not prevent the engineer from thereafter requiring the correction of errors in the drawings and specifications or from stopping unlawful construction operations being carried on thereunder. (Ord. 1A-79 § 1 (part): prior code § 25-44(a))

    Permits issued under the requirements of this chapter shall not relieve the permittee of responsibility for securing required permits for work to be done which is regulated by any other ordinance, department or division of the city or other governing agency. (Ord. 1A-79 § 1 (part): prior code § 25-44(b))

    A.    The permittee shall fully perform and complete all of the work required to be done pursuant to the permit within the time limit specified. If no time limit is specified, the permittee shall complete the work within one hundred eighty days after the date of the issuance of the permit.

    B.    If the permittee is unable to complete the work within the specified time, he shall, prior to the expiration of the permit, present in writing to the engineer a request for an extension. If, in the opinion of the engineer, such an extension is warranted, he may grant additional time for the completion of the work. (Ord. 1A-79 § 1 (part): prior code § 25-44(c))

    In granting any permit under this chapter, the engineer may attach such conditions as may be reasonably necessary to prevent creation of a nuisance or hazard to public or private property. (Ord. 1A-79 § 1 (part): prior code § 25-44(d))

    Neither the issuance of a permit under the provisions of this chapter nor the compliance with the provisions of this chapter, or with any conditions imposed in the permit issued under this chapter, shall relieve any person from responsibility for damage to other persons or property, nor impose any liability upon the city for damage to other persons or property. (Ord. 1A-79 § 1 (part): prior code § 25-44(e))

    Should the engineer find the work under any permit issued under these provisions is not proceeding in accordance with the drawings, specifications and details of the application upon which the permit was issued, and/or is proceeding in violation of this chapter or any other ordinance of the city, or should he find that there has been any false statement or misrepresentation as to a material fact in the application, payment for the permit or plans on which the permit was based, the engineer shall notify the permittee that the work fails to conform to the permit, or that the permit was obtained by false representations and that the failure in obtaining the permit be corrected without delay. If the permittee fails or refuses to make the correction within the time specified in the notice, the engineer shall revoke the permit and serve notice of the revocation upon the person to whom the permit was issued. The notice shall be in writing and signed by the engineer. It is unlawful for any person to proceed with any part of the work after the notice is served. (Ord. 1A-79 § 1 (part): prior code § 25-44(f))

    A.    A permit shall not be issued to perform work in a public place when the cost of the work is in excess of one thousand dollars unless the permittee shall first post with the engineer a cash bond or a bond executed by the permittee and a corporate surety authorized to do business in this state as a surety in an amount sufficient to cover the cost of the project as determined by the engineer.

    B.    The bond (cash or surety) shall include penalty provisions on a form approved by the city attorney for failure to complete the work on schedule. (Ord. 1A-79 § 1 (part): prior code § 25-44(a))

    Every bond shall include the conditions that the permittee shall:

    A.    Comply with all of the provisions of this chapter, applicable laws and ordinances;

    B.    Comply with all of the terms and conditions of the permit for the work to the satisfaction of the engineer; and

    C.    Complete all of the work contemplated under the permit within the time limit specified in the permit. The engineer may, for sufficient cause, extend the time specified in the permit but no such extension shall release the surety upon the bond. (Ord. 1A-79 § 1 (part): prior code § 25-45(b))

    The term of each bond shall begin upon the date of filing and shall remain in effect until the completion of the work to the satisfaction of the engineer. In the event of failure to complete the work and failure to comply with all of the conditions and terms of the permit, the engineer may order the work required by the permit to be completed to his satisfaction. The surety executing the bond or deposit shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the city in causing any and all such required work to be done. In the case of a cash deposit, the deposit or any unused portion thereof shall be refunded to the permittee. (Ord. 1A-79 § 1 (part): prior code § 25-45(c))

    In lieu of providing assurance of construction in the manner provided in this article, the permittee may provide assurance of construction for improvements by delivering to the engineer, prior to the issuance of a permit, an appropriate agreement between an approved lending institution and the permittee, stating that funds sufficient to cover the entire cost of performing the proposed work, including engineering and inspection costs, in an amount approved by the engineer, have been deposited with the approved lending institution, or have been committed to be loaned by the lending institution to the permittee. The agreement shall provide that the funds in the stated amount are specifically allocated, and will be used by the permittee, or on his behalf, only for the purpose of performing the improvements. The city shall be the beneficiary of the agreement, or the permittee's rights thereunder shall be assigned to the city and the engineer shall approve each disbursement of any such funds. The agreement may also contain terms, conditions and provisions normally included by the lending institutions in loan commitments for construction funds, or as may be necessary to comply with statutes and regulations applicable to the lending institutions. (Ord. 1A-79 § 1 (part): prior code § 25-45(d))

    The requirements for assurances may be waived by the engineer under the following conditions:

    A.    The permittee is a city, county or state department whose functions require the installation and/or maintenance of public improvements;

    B.    The permittee is a corporation whose franchise empowers it to make its own paving restoration, but such permits will be issued only when the restoration work keeps fully apace with the openings being made. The corporations shall pay promptly all bills for inspection at scheduled rates, and all bills for restoration done by city forces;

    C.    The permittee is a developer who has previously provided assurances satisfactory to the city council under the provisions of the subdivision regulations, provided the proposed improvements for which such assurances were accepted. (Ord. 1A-79 § 1 (part): prior code § 25-45(e))

    A.    The engineer shall provide for inspection of all improvements during construction and assure their satisfactory completion. The applicant shall pay to the city inspection fees as may henceforth be established by resolution of the city council. These fees shall be due and payable upon application for permit to construct the various types of improvements.

    B.    Costs for required or necessary materials testing or compaction testing as provided for in the standard specifications shall be charged to the permittee and such bills shall be promptly paid.

    C.    Nothing in this article shall be construed to require inspection by the city or the payment of inspection fees for materials or workmanship for the actual installation, replacement, maintenance or repair of utility facilities when the work is performed by a corporation franchised by the city to supply or convey gas, electricity or communication impulse. City inspection and the payment of inspection fees will be required for all excavation, backfill, compaction and surface restoration, necessitated by the work when performed within a public place. (Ord. 1A-79 § 1 (part): prior code § 25-46)

    A.    The contractor shall perform all work as may be necessary to complete the project for which the permit is issued in a satisfactory and acceptable manner in full compliance with the approved plans, the standard specifications and approved supplemental specifications.

    B.    After work is commenced, the contractor shall prosecute with diligence and expedition all work covered by the permit and shall promptly complete the work and restore the public place to its original condition, or as near as may be, so as not to obstruct the public place or travel thereon more than is reasonably necessary. (Ord. 1A-79 § 1 (part): prior code § 25-47(a))

    The project engineer, with approval of the engineer shall issue change orders to cover unforeseen circumstances which make it impossible to carry out the work in accordance with the original plans. Under no circumstances shall alterations be permitted in the details of construction or changes permitted in quantities involved in the work beyond the termination of the proposed construction except as may be necessary to satisfactorily complete the project. (Ord. 1A-79 § 1 (part): prior code § 25-47(b))

    Unless otherwise approved, public roadways, while undergoing improvements, or streets adjacent to off-street projects shall be kept open to all traffic. The contractor may request, and, when approved by the engineer, bypass traffic over an approved detour route. The contractor shall keep the portion of the project being used by the public in such condition that traffic will be adequately accommodated. He shall also provide and maintain, in a safe condition, temporary approaches or crossings and intersections for agencies and facilities that provide emergency services for the public. (Ord. 1A-79 § 1 (part): prior code § 25-47(c))

    A.    Throughout all phases of construction, including suspension of work, and until final acceptance of the project, the contractor shall keep the work area clean and free from rubbish, excess materials and debris.

    B.    Failure of the contractor to comply with the engineer's cleanup orders may result in an order to suspend work until the condition is corrected.

    C.    The contractor shall take whatever steps, procedures or means required to prevent abnormal dust conditions due to his construction operations. The dust control measures shall be maintained at all times, to the satisfaction of the engineer. (Ord. 1A-79 § 1 (part): prior code § 25-47(d))

    Every person owning, using, controlling or having an interest in substructures, under the surface of any public place used for the purpose of supplying or conveying gas, electricity, communication impulse, water, steam, ammonia or oil in the city, shall file with the engineer within one hundred twenty days after the adoption of the ordinance codified in this chapter a map or set of maps each drawn to an appropriate scale showing in detail the location, size, description and date of installation, if known, of all substructures, except a service line designed to serve a single property owner, beneath the surface to the public place belonging to, used by or under the control of the person having any interest, and shall file with the engineer each and every year a corrected map or set of maps each drawn to scale including all installation made during the previous year; provided, however, that a public utility owner may at its option provide corrected atlas sheets at more frequent intervals. (Ord. 1A-79 § 1 (part): prior code § 25-47(e))

    A.    The engineer will decide all questions which may arise as to the quality or acceptability of materials furnished and work performed and all questions which may arise as to the interpretation of the plans for public improvements and the standard specifications.

    B.    In giving instructions, the engineer may make minor changes in the work, not involving extra work and not inconsistent with the purpose of the work, except in emergencies endangering life or property.

    C.    The engineer will suspend the work wholly or in part due to the failure of the contractor to correct conditions unsafe for the workmen or the general public, for such periods as he may deem necessary due to unsuitable weather, for conditions considered unsuitable for the prosecution of the work or for any other condition or reason deemed to be in the public interest. (Ord. 1A-79 § 1 (part): prior code § 25-48(a))

    A.    Plans will show details of all structures, utilities, lines, elevations, grades, typical cross-sections of roadways and location and design of all work.

    B.    The plans will be supplemented by such shop drawings as are necessary to adequately control the work. Shop drawings for structures and utilities shall be furnished by the permittee or his contractor and shall consist of such detailed plans as may be required to adequately control the work and are not included in the plans furnished by the permittee. All shop drawings must be approved by the engineer but such approval shall not operate to relieve the contractor of any of his responsibility for the successful completion of the work. (Ord. 1A-79 &#