1. It shall be unlawful for any person, firm, public utility or corporation to place, make, enlarge or change any excavation, regrade existing contours or place fill on private property without complying with the provisions of this chapter and obtaining a permit as provided for herein.
2. It shall be unlawful, and punishable as provided for herein, to make any excavation or to place any fill on private property not described in the approved permit application or which exceeds in size the dimensions or which does not conform to the conditions described in said application.
3. Whenever the City engineer determines that any existing excavation, embankment or fill on private property has become a hazard to life and limb, or endangers property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner of the property upon which the 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, shall within the period specified therein repair or eliminate such excavation or embankment so as to eliminate the hazard and be in conformance with the requirements of this chapter.

Emergency excavations, grading or placement of fill may be made without prior permit approval if the reason for the excavation or grading or placement fill is to prevent loss of life or damage to property which appears to be imminent, if the action is delayed by waiting to secure said permits. In such emergency situations, those making the excavation, grading or placement of fill must contact the county engineer's office at the earliest possible time, but in no case later than the first working day following the emergency work in order to secure a formal permit. None of the provisions of these specifications are waived for emergency situations except for the prior permit requirement.

Applications shall be made by the owner of the property, their agents or assigns, on which the work is being done. Applications for all permits shall be made to the City office on forms provided and shall describe the:

1. Excavation, grading, or placement of fill.
2. Site plan of the intended excavation fill and/or grading.
3. Site plan containing pertinent dimensions thereof.
4. Purpose thereof.

List the person, firm, public utility, or corporation doing the actual work and the name of the person, firm, public utility, or corporation for whom or by which the work is being done. The application shall contain an agreement that the applicant will comply with all ordinances and laws of Oakley City and the state of Utah relating to the work to be done. The application shall also provide for an agreement that the applicant shall indemnify the City for any loss, liability, or damage that may result from or because of the making, placement, existence or manner of guarding or constructing any such excavation, grading, or placement of fill. No application shall be accepted when the intended work is for, or includes the excavation or construction of a footing or foundation for a structure regulated by the Oakley City building department, or for underground utilities requiring a low impact permit from the City Planner of Oakley City.

All permits issued pursuant to this chapter shall be valid for a period of one hundred eighty (180) days. A copy of the permit issued shall be posted on the property in a location that is visible from the adjacent street and be available at all times when work is under way.

The following activities are exempt from obtaining a permit and from the requirements of this chapter:

1. Actions by a public agency or utility, the City, the county, or other governmental agency, to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic.
2. Action by any person when the City determines, and documents in writing, that the actions are necessary to remove or alleviate an emergency condition, restore utility service, or reopen a public thoroughfare to traffic.
3. Bona fide agricultural and farming operations which constitute the principal use of any parcel or tract of land located in the county and which meet the requirements of the zoning for that portion of the City in which the operation is located.

A review fee, in the current amount as set by resolution of the City Council, shall accompany each application for a permit. Fees must accompany the application.

Applicants shall file a completion bond with the City in the amount as set by resolution of the City council at the time the permit is approved. This may be cash, a letter of credit from an FDIC insured financial institution, or a corporate surety bond. The bond shall be valid until all work shown in the permit is completed to guarantee that the conditions of any permit, together with any restoration work, is completed properly. The bond will be released upon recommendation of the City engineer.

The City engineer or other authorized representative shall from time to time inspect all work done pursuant to permits to ensure the enforcement of the provisions of this chapter. Notification shall be given to the City at least twenty four (24) hours prior to the commencement of any work. The completion bond shall not be released without an inspection made to determine satisfaction of all applicable provisions of this chapter.

An applicant whose application has been denied or approved with conditions, may appeal the denied or imposed conditions to the City council. A notice of appeal must be filed with the City office within ten (10) days of the denial or imposition of conditions of the permit. The notice of appeal shall contain the following information:

1. An application with applicant's name, address and daytime telephone number;
2. A statement describing the basis for the appeal; and
3. The relief sought by the applicant.

The appeal shall be scheduled on the next available City council meeting.

In the event of failure on the part of any person, firm, public utility or corporation to comply fully with the provisions of this chapter, the City is authorized to:

1. Initiate criminal action by citation or information under section 13-11-11 of this chapter and/or proceed to forfeit bond; or
2. Remove such installation from the right of way or require such person, firm or corporation to remove the same; or
3. Give written notice to such person, firm, public utility or corporation to restore the property to its original condition. Such notice may be served either by personal service or by mailing the notice to the person, firm, public utility or corporation by certified mail and posting a copy thereof on such installation for a period of ten (10) days. If the restoration work is not implemented or restored within ten (10) days after the notice is complete, said authorities may implement the restoration at the expense of the person, firm or corporation and recover costs and expenses, and also the sum of one hundred dollars ($100.00) for each day the property is not restored after notice was complete, in an action for that purpose; or
4. If such person, firm, public utility or corporation refuses to restore the property, said authorities may bring an action to abate the same as a nuisance, and if judgment is recovered by said authorities, there shall also be recovered, in addition to having the same abated, the cost of action and the sum of one hundred dollars ($100.00) for every day such nuisance remained after notice was given for its implementation in the manner provided in subsection C of this section. See UCA 27-12-135.

1. Any person who violates the provisions of this chapter is guilty of a class C misdemeanor, punishable by a fine not to exceed seven hundred fifty dollars ($750.00) per day, or a jail term of up to ninety (90) days, or by both such fine and jail term.
2. Violators of this chapter are also subject to any penalties that may be imposed by the state of Utah or the federal government.
3. In addition to any criminal fines and/or penalties which may be assessed for a violation of this chapter, the City shall have the right to issue a stop work order on the entire construction site, and/or take measures to restore the property to its original condition and to implement any measures necessary to bring the property into compliance with all local, state or federal requirements required by this chapter. The City shall have the right to have such work completed and/or maintained by City personnel or to hire a private contractor to perform such work at the expense of the permittee, property owner, developer or contractor responsible for such violation. The City may assess said expenses against the bond posted by the permittee or to lien the property for such expenses.
4. It is unlawful for any person, firm, public utility, public agency, or corporation to continue any further work on the construction site after a stop work order has been issued. A violation of a stop work order is punishable as a class C misdemeanor.
5. The City may also pursue civil remedies for a violation of this chapter.

Specific standards and requirements for the enforcement of this chapter may be adopted from time to time by the City and are made a part of this chapter by reference.