When the county can deny a grading permit

The County Engineer shall deny the grading, grubbing or stockpiling permit if he or she finds that the work as proposed by the applicant is likely to endanger any property or public way or structure, endanger the public health, safety or welfare or if the grading, grubbing or stockpiling as proposed by the applicant would constitute a violation of a State or County law protecting historic properties or burial sites. Factors to be considered in determining probability of hazardous conditions shall include, but not be limited to, possible saturation of the ground by rains, earth movements, dangerous geological conditions or flood hazards, undesirable surface water run-off, subsurface conditions such as the stratification and faulting of rock, nature and type of soil or rock. Failure of the County Engineer to observe or recognize hazardous conditions or his or her failure to deny the grading, grubbing or stockpiling permit shall not relieve the permittee or his or her agent from being responsible, nor cause the County, its officers or agents, to be held responsible for the conditions or damages resulting therefrom.