Chapter 12.12 CONSTRUCTION PERMITS

The provisions of this chapter apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, or other appurtenant highway structures.

This chapter also applies to permits for the constructing, reconstructing, or repairing by any private individual, copartnerships, firm, or private corporation of any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. (Ord. 46 §§ 110, 110.5, 1957)

12.12.020 Misdemeanor declared.

Every person is guilty of a misdemeanor, who before obtaining a permit from the commissioner so to do, constructs, reconstructs, or repairs any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. This section does not apply if such installation is made by the state, any county, city and county, municipality, district, or other political subdivision. (Ord. 46 § 18 (part), 1957)

12.12.030 Application.

An applicant for a permit shall state in his application;

(1) The location, nature, and extent of the work to be performed, including, if the work relates to highway lighting, plans and specifications;

(2) The materials to be used;

(3) Such other information as the commissioner may require. (Ord. 46 § 111, 1957)

12.12.040 Engineering and inspection fees.

(a) An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces and except driveways described in subsection (b) of this section, shall, in addition to the issuance fee, pay or make a deposit for engineering or inspection or engineering and inspection in the amount estimated by the commissioner to be equal to twice the actual cost of all necessary engineering or inspection or both.

(b) An applicant for a permit to construct a driveway shall, in addition to the issuance fee, pay an inspection fee in the amount determined by the board of supervisors to be sufficient to recover the cost of inspection. (Ord. 61 § 1, 1959; Ord. 46 § 112, 1957)

12.12.050 Inspection fee—Refunds.

(a) The inspection fee provided for in subsection (b) of Section 12.12.040 (a), shall be presumed to be the actual cost. The inspection fee may be refunded if it was erroneously collected or if the driveway or driveways were not constructed by the permittee.

Where the deposit has been made under Section 12.12.040 (a), the commissioner shall deduct from the deposit the amount of the issuance fee, if that has not otherwise been paid, and the actual cost to the county of the required engineering and inspection. If the total of such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.

(b) If the cost, plus the issuance fee, if that fee has not otherwise been paid exceeds the deposit, the permittees shall upon demand, pay the excess to the county. If the permittee fails or refuses to pay the excess within fifteen days after demand, the county may recover the sum in any court of competent jurisdiction. Until the amount is paid in full, further permits shall not be issued to the permittee. (Ord. 61 § 1, 1959; Ord. 46 § 13, 1957)

12.12.060 Residential driveway.

The commissioner shall issue without any inspection fee or, deposit therefor, a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the commissioner that:

(1) The distance from the curb line to the property line does not exceed ten feet; and

(2) There is no space between the sidewalk and the curb; and

(3) The distance from the inside of the sidewalk and the property line does not exceed five feet; and

(4) The driveway will be inspected by a competent governmental agency other than an agency of the city or county, and such governmental agency will furnish a certificate to the effect that the portion of the driveway installed in the public right of way was inspected and complies with minimum standards required by the city. (Ord. 46 § 113.5, 1957)

12.12.070 Residential driveway—Inspection.

If an applicant receives a permit pursuant to the provisions of Section 12.12.060 and the governmental agency referred to in subdivision (4) of that section fails to make the inspection or fails to file the certificate there provided for within four months of the issuance of the permit, the commissioner may himself inspect the driveway in which case the applicant shall pay to the commissioner the actual cost of such inspection. (Ord. 46 § 113.7, 1957)

12.12.080 Costs.

The permittee shall pay to the city or to Los Angeles County all costs incurred for the following:

(1) Construction permit engineering;

(2) Construction permit inspection;

(3) Administrative engineering expense incurred by the city in checking the application and permit and in construction inspection;

The permittee shall, prior to issuance of the permit, deposit with the city a one thousand dollar cash bond or a surety company bond conditioned upon faithful performance and full compliance by permittee with all conditions and requirements of the permit, of this chapter and of all other ordinances and resolutions applicable to the work. The cash bond shall be returned or the surety bond, exonerated sixty days after the completion of the work in accordance with all applicable provisions. (Ord. 46 § 114, 1957)

12.12.090 Application—Plans required.

If in the opinion of the commissioner, the work proposed to be done requires the making of plans or the setting of stakes, or both, the, commissioner may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (Ord. 46 § 115, 1957)

12.12.100 Issuance.

If the applicant complies with every provision of this chapter and with all applicable provisions of all other ordinances and statutes, the commissioner may issue to the applicant a written permit to perform the work set forth in the application. (Ord. 46 § 116, 1957)

12.12.110 Application—Denial—Appeal.

If an application relating to highway lighting is denied the applicant may apply to the city council for such a permit. (Ord. 46 § 116.5, 1957)

12.12.120 Commencement of work.

Every permittee shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work in a diligent and workmanlike manner to completion. (Ord. 46 § 117, 1957)

12.12.130 Revocation—Causes.

Unless in his opinion a good and sufficient reason exists for the delay, the commissioner may revoke a permit unless work thereunder is commenced within sixty days of the date of issuance.

The commissioner may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work is authorized by the permits, or such portions thereof, is included in the proposed work to be done by any existing assessment district, or by any proposed assessment district, concerning the formation of which the debt limit report required by law has been filed. (Ord. 46 §§ 118, 118.1, 1957)

12.12.140 Revocation—Refund.

When a permit has been revoked by the commissioner, the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded. (Ord. 46 § 119, 1957)

12.12.150 Relocation of structure.

If so required by the commissioner the permittee shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree, shrub, where the relocation is made necessary by the proposed work for which a permit is issued. The commissioner may elect to do the necessary relocation. In that case the permittee shall deposit with the commissioner a sum of money estimated by him to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.12.050. (Ord. 46 § 120, 1957)

12.12.160 Commencement of work—Lines and grades required.

Before a permittee performs any work covered by this chapter he shall obtain from the commissioner the lines and grades therefor. (Ord. 46 § 121, 1957)

12.12.170 Work specifications.

All work shall be performed in accordance with the standard plans and specifications of the Los Angeles County road department or according to the plans and specifications referred to in the permit. The work shall be done to the satisfaction of, and under the supervision of the commissioner. The commissioner may waive inspection if, in his opinion such inspection is not necessary for the best interests of the city. (Ord. 61 § 4, 1959; Ord. 46 § 122, 1957)

12.12.180 Stakes—Damage—Costs.

If any stakes for any work covered by this chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the commissioner to be sufficient to pay the cost of setting such additional stakes. The commissioner shall set the additional stakes. After such setting, a refund shall be paid to, or, a deficiency shall be paid by, the permittee as provided in Section 12.12.050. (Ord. 46 § 123, 1957)

12.12.190 Inspection request.

Not less than eighteen hours before the commencement of any work covered by this chapter, the permittee shall apply in writing to the commissioner for an inspector therefor. In the application he shall specify the day and hour when, and the location at which the work will be commenced. (Ord. 46 § 124, 1957)

12.12.200 Flares or warning lights required.

A permittee shall place and maintain at each end of the work, not more than fifty feet apart along the side thereof, unless otherwise directed by the commissioner, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end, of the work until the work is completed to the entire satisfaction of the commissioner. (Ord. 46 § 125, 1957)

12.12.210 Notification of completion of work.

Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the commissioner in writing. (Ord. 46 § 126, 1957)

12.12.220 Certificate of acceptance.

If the commissioner by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all of the provisions of this chapter, he shall issue, if requested so to do by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit. (Ord. 46 § 127, 1957)

12.12.230 Variance—Misdemeanor.

Every person who performs any work covered by this chapter in an amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor. (Ord. 46 § 128, 1957)

12.12.240 Debris removal.

A permittee shall remove all material and debris:

(1) Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit;

(2) In all other cases within three days. (Ord. 46 § 129, 1957)

12.12.250 Highway lighting system—Specifications.

Every highway light and highway lighting system installed or constructed in any highway or private thoroughfare which is open to public travel, and any excavation or backfill therefor, shall be made to conform in workmanship and material, and manner of construction, with those certain specifications of the commissioner designated as “Standard Specifications for Construction of Street Lighting Systems and Appurtenances thereto in the County of Los Angeles, California,” as approved by the board of supervisors of Los Angeles County, as the same shall exist at the date of the issuance of the permit, in so far as such specifications may be applicable thereto. (Ord. 46 § 130, 1957)

12.12.260 Dedication of land for highway.

If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the city clerk, before presenting such offer to the city council, shall refer such offer to the commissioner for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this chapter and with the specifications adopted hereby. (Ord. 46 § 131, 1957)

12.12.270 Highway lighting system—Compliance determination.

Upon reference to him the commissioner shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof and shall report, in writing, to the city council advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform.

If such light or system does not conform, the city shall not accept such offer or dedication until such light or system shall have first been made to conform to the provisions of this chapter and specifications. (Ord. 46 § 132, 1957)