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HomeMy WebLinkAbout1981-11-03; City Council; 8095; CMC 11.06 amends - Grading violation notice recording & uncontrolled stockpilesORDINANCE NO. 8095 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING TITLE 11, CHAPTER 11.06 OF THE CARLSBAD MUNICIPAL CODE BY THE AMENDMENT OF VARIOUS SECTIONS TO PROVIDE FOR RECORDING A NOTICE OF GRADING VIOLATION BY THE CITY ENGINEER WHEN UNLAWFUL GRADING HAS OCCURRED AND TO REGULATE UNCONTROLLED STOCKPILES. The City Council of the City of Carlsbad, California does ordain as follows: SECTION 1: That Title 11, Chapter 11.06, Section 11.06.020 of the Carlsbad Municipal Code is amended by the addition of Subsection (14) to read as follows: "(14) 'Uncontrolled stockpile' means any fill placed on land for which no soil testing was performed or no compaction reports or other soil reports were prepared or submitted." SECTION 2: That Title 11, Chapter 11.06, Section 11.06.080 of the Carlsbad Municipal Code is amended by the addition of Subsection (f) to read as follows: "(f) The City Engineer may require that up to ten percent of any bond be submitted in the form of a cash deposit. The cash deposit may be utilized by city to insure that adequate safeguards for the prevention of erosion and sedimentation are in place when needed . SECTION 3: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the addition of Section 11.06.105 to read as follows: "1 1.06.105 Agreement for uncontrolled stockpile. Appli- cations for grading permits involving uncontrolled stockpiles shall be accompanied by an agreement signed by the property owner. The agreement shall be prepared by the City Engineer and shall contain the following provisions and such other provisions as may in the opinion of the City Engineer afford protection to the property owner and the city: as uncontrolled stockpiling and shall be constructed in (a) The grading or stockpiling shall be designated a 1 2 3 4 5 6 7 8 9 LC 11 12 2 0 1E 1s 2c 21 2: 2: 24 2: 2E 27 2€ accordance with plans approved by the City Engineer. stockpile the site is not eligible for a building permit unless special soils analysis and foundation design are submitted. (c) The grading shall be done and maintained in a safe and sanitary manner at the sole cost, risk and responsibility of the owner and his successors in interest, who shall hold the city harmless with respect thereto. approved by the City Council and recorded by the City Clerk in the Office of the County Recorder as an obligation upon the land involved. The notice shall remain in effect until release of the agreement is filed by the City Engineer." (b) The owner acknowledges that as an uncontrolled The agreement for uncontrolled stockpiling shall be SECTION 4: That Title 11, Chapter 11.06 of the Carlsbad Municipal Code is amended by the amendment of Section 11.06.230(b) to read as follows: "(b) In the event that grading is commenced without a permit, the City Engineer shall cause such work to be stopped until a permit is obtained. The permit fee in such instance shall then be double that which would normally be required. The payment of such double fee shall not relieve any person from fully complying with the requirements of this chapter and the performance of the work. Such fees shall not be construed to be a penalty, but for enforcement of the provisions of this chapter in such cases. done contrary to the provisions of this chapter or of the grading permit, the City Engineer may cause to be recorded with the County Recorder a notice of grading violation for the property. The City Engineer shall cause the notice of grading violation to be removed when the City Engineer determines that the violation no longer exists." In the event that any grading is commenced or EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption, and the City Clerk shall certify to the adoption of this ordinance and cause it to be published at least once in the Carlsbad Journal within fifteen days after its adoption. INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City Council held on the 26th day of October ? /// 2. 3 19 81 , and thereafter PASSED AND ADOPTED at a regular meeting of said City Council held on the 3rd day of "x?n-ber the following vote, to wit: AYES: Council Mehers Packard, CAsler, hear, Lads and Kulchin NOES: Nme ABSENT: Nane RONALD C. PACKARD, Mayor ATTEST : ALETHA L. RAUTENKRANZ, City Clerk (SEAL) 3.