Chapter 12-16 APARTMENT CONSTRUCTION

“Highway” means any public highway, public street, public way or public place, in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.

“Person” means and includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county, this city, and all departments and bureaus thereof, excepting the Public Works Department of this city, municipality, district or other political subdivisions thereof, or any other group or combination acting as a unit.

“Public agency” means and includes the United States or any department or agency thereof, the state of California, or any department or agency thereof, county, municipal corporation or public district. (OCC § 6-1-1)

12-16.020 Permit required.

It is unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway, without first obtaining a permit therefor from the City Engineer as herein provided. (OCC § 6-1-2)

12-16.030 Public agencies may guarantee costs—No permit fee.

If the United States, this state, any county, this city, any municipal corporation, school district or other public agency files with the City Engineer a written guarantee of payment of all costs for which it may become liable to the city hereunder then no deposit for costs shall be required from such person. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the state of California. (OCC § 6-1-4)

12-16.040 Holding city harmless.

On each application the applicant shall sign a statement that he or she agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. (OCC § 6-1-5)

12-16.050 Application.

An applicant for a permit shall state in his or her application:

A. The location, nature and extent of the work to be performed;

B. The materials to be used;

C. Such other information, including plans and specifications as the City Engineer may require.

(OCC § 6-1-11)

12-16.060 City Engineer may require application changes.

The City Engineer may require such changes in the application respecting the location, dimensions, method or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway, the prevention of undue interference with traffic or to assure the safety of persons using the highway. (OCC § 6-1-12)

12-16.070 Fees.

An applicant for a permit to construct any work shall pay fees for processing, engineering and inspection as established by resolution of the City Council. (OCC § 6-1-13)

12-16.080 Refunds.

A. Permit Effective. The engineering and inspection costs provided for in Section 12-16.070 of this chapter shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless:

1. The inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned; or

2. Unless the driveway or culvert is not constructed or installed, in which event the applicant may apply for a refund of the unused fees less a charge of one dollar and fifty cents for any final inspection which may be made. Where the deposit has been made under Section 12-16.070 of this chapter, the City Engineer shall deduct from the deposit the actual cost to the city of the required engineering and inspection plus the cost of overhead, not to exceed fifteen (15) percent of the total cost. If such cost, including overhead 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. Nothing in this paragraph shall be construed as authorizing the repayment of any issuance fee.

B. Permit Cancellation. When a permit has been canceled by the City Engineer, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded.

(OCC § 6-1-14)

12-16.090 Recovery of costs in excess of deposit.

If the cost exceeds the deposit, the permittee shall, upon demand by the City Engineer, pay the excess to the city. If payment is not made within fifteen (15) days after such demand the city may recover the amount in any court of competent jurisdiction. Until such amount is paid, further permits under this chapter shall not be issued to such permittee. (OCC § 6-1-15)

12-16.100 Residential driveway.

A. Inspection by a Non-City Governmental Agency—No Inspection Fee. The City Engineer 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 City Engineer that the driveway will be inspected by a competent governmental agency other than an agency of the city, and such governmental agency will furnish a certificate to the effect that that portion of the driveway installed in the public right-of-way was inspected and complies with minimum standards required by the city.

B. Inspection Fee for City Inspection. If an applicant receives a permit pursuant to the provisions of subsection A of this section, and the governmental agency referred to in 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 City Engineer may himself or herself inspect the driveway in which case the applicant shall pay to the City Engineer the actual cost of such inspection.

(OCC § 6-1-21)

12-16.110 Plans may be required.

If in the opinion of the City Engineer, the work proposed to be done requires the making of plans or the setting of stakes, or both, the City Engineer may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (OCC § 6-1-22)

12-16.120 Issuance of permit.

If the applicant complies with every provision of this article and with all applicable provisions of all other ordinances and statutes, the City Engineer shall issue to the applicant a written permit to perform the work set forth in the application. (OCC § 6-1-23)

12-16.130 Sixty days to commence work.

Every permittee shall commence the proposed work within sixty (60) days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. (OCC § 6-1-24)

12-16.140 Permit cancellation.

The City Engineer may cancel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the City Engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. (OCC § 6-1-25)

12-16.150 Relocation of plants and structures.

If so required by the City Engineer the permittee shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The City Engineer may elect to do the necessary relocation, in which event the permittee shall deposit with the City Engineer a sum of money estimated by him or her 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 Sections 12-16.080 and 12-16.090 of this chapter. (OCC § 6-1-31)

12-16.160 Lines, grades, types of materials specified.

Before a permittee performs any work covered by this chapter, he or she shall obtain from the City Engineer the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the City Engineer may specify in any permit issued therefor the size, the type of material and the grade of the culvert. (OCC § 6-1-32)

12-16.170 City standards for work.

The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the City Engineer. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the city standards established by Chapter 12-08 of this title.

The City Engineer may waive inspection if he or she believes such inspection is not necessary for the best interests of the city. (OCC § 6-1-33)

12-16.180 Setting additional stakes.

If any stakes set 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 City Engineer to be sufficient to pay the cost of setting such additional stakes. The City Engineer 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 Sections 12-16.080 and 12-16.090 of this chapter. (OCC § 6-1-34)

12-16.190 Notice prior to commencement of work.

Not less than eighteen (18) hours before the commencement of any work covered by this chapter the permittee shall apply in writing to the City Engineer for an inspector therefor. In such application he or she shall specify the day and hour when, and the location at which, the work will be commenced. (OCC § 6-1-35)

12-16.200 Safety and warning devices required.

A permittee shall place and maintain adequate warning signs, lights and devices conforming to the state of California Division of Highways Uniform Sign Chart and the city Public Works Department Manual of Warning Signs, Lights and Devices, throughout the length of the work and at each end of the project until the work is completed to the satisfaction of the City Engineer. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The City Engineer may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the City Engineer to so specify the signs, devices or measures shall not relieve the permittee of his or her obligation hereunder. (OCC § 6-1-41)

12-16.210 Notice upon completion of work.

Whenever any permittee has completed any work for which a permit has been granted, he or she shall so notify the City Engineer in writing. (OCC § 6-1-42)

12-16.220 Certificate of acceptance.

If the City Engineer 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 or she 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. (OCC § 6-1-43)

12-16.230 Removal of material and debris.

A permittee shall remove all material and debris:

A. Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit;

B. In all other cases within three days.

(OCC § 6-1-44)

12-16.240 Violation—Penalty.

Every person who performs any work covered by this chapter in any amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor. (OCC § 6-1-45)