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This section applies to all fills in the City regardless of whether a permit is required by this ordinance for such fills, except that the tests and reports specified by this section shall not be necessary in connection with fills for which no permit is required.

A. Slope Standards. No fill shall be made that creates an exposed surface steeper in slope than one and one-half horizontal to one vertical. The city engineer may, on request, permit deviations from the above standard that do not conflict with the purposes of this ordinance; provided, that the owner furnishes the city engineer with the written opinion of a soils engineer or engineering geologist certifying that the soils engineer or engineering geologist has investigated the site and that the proposed deviations will not injure property.

B. Flatter Fill Surface – When Required. The city engineer may require that the owner furnish a written opinion of a soils engineer, certifying that the soils engineer has investigated the site and recommending maximum allowable fill slope and type of slope treatment for stability.

C. Distance from Property Line. The toe of filled slopes shall be located one-half the vertical height of the fill but not less than ten feet from an adjoining property line. Request for waiver of this requirement may be made to the city engineer by presentation of detailed plans along with appropriate substantiating evidence in the form of a written opinion of a soils engineer or engineering geologist to support justification for the waiver. [BC 9.05.115, amended by Ordinance No. 4249, 4/7/03]