Chapter 16.46
FEES AND SECURITIES
Sections:
16.46.020 Review of geotechnical reports fee.
16.46.050 Fees – Work commenced before permit issued.
16.46.010 Plan checking fees.
Before accepting an application and a set of plans and specifications for review, the City Engineer shall collect a plan checking fee or cash deposit. Separate permits and fees may apply to retaining walls or major drainage structures, as indicated elsewhere in the City Code. The plan checking fees for plans shall be as set forth by Council resolution. (Ord. 705 § 2, 2010; Ord. 345, 1991)
16.46.020 Review of geotechnical reports fee.
Before accepting a geotechnical report for review, the City Engineer shall collect a report review fee. A separate fee will be charged for each individual report submitted for review. The amount of the report review fee shall be as set forth by Council resolution. (Ord. 345, 1991)
16.46.030 Permit fees.
A fee for each permit application shall be paid to the City Engineer as set forth by resolution of the City Council. (Ord. 705 § 2, 2010; Ord. 345, 1991)
16.46.040 Inspection fees.
Prior to the issuance of a permit, there shall be paid to the City Engineer a fee, or cash deposit, to cover the City’s expenses, costs, and overhead for field inspection, office engineering and planning, review of proposed construction changes and record drawings, and administration of the work performed. The amount of the inspection fee or cash deposit shall be as set forth by Council resolution. (Ord. 705 § 2, 2010; Ord. 345, 1991)
16.46.050 Fees – Work commenced before permit issued.
In addition to any penalty prescribed for violation of this code or for violation of the provisions of this division, and in addition to the fees required in this division, a separate fee, as set forth by Council resolution, shall be assessed for any work for which a permit is required by this division, commenced prior to obtaining such permit. Payment of such fee shall not relieve any person from any liability under the provisions of this code or from fully complying with the requirements of this division. The fee prescribed by this section shall not be construed as a penalty but is added to defray the expense of enforcement of the provisions of this division. (Ord. 345, 1991)
16.46.060 Fees – Exemption.
Permits for grading for soil and water conservation projects, when approved and inspected by a County, State or Federal agency, may be issued without payment of any or all of the fees set out in this chapter. (Ord. 345, 1991)
16.46.070 Refunds.
No fee collected pursuant to this division shall be refunded, in whole or in part, except as provided as follows:
A. Plan Checking Fees. Plan checking fees may be refunded, less any City expenses, including overhead incurred, upon the applicant’s request, provided the grading application has expired, or is withdrawn by the applicant. A handling charge shall be deducted from any such refund. No refund shall be due for plan checking fees after permit issuance.
B. Geotechnical Report Review Fees. Geotechnical report review fees may be refunded, less any City expenses, including overhead incurred, upon the applicant’s request, provided the grading application or permit has expired or is withdrawn by the applicant, or if the project does not warrant geotechnical reports to be prepared. A handling charge shall be deducted from any such refund.
C. Permit Fees. After submittal and commencement of processing by the City, no permit fees paid shall be refundable.
D. Inspection Fees. Inspection fees may be refunded, less any City expenses, including overhead incurred, at any time prior to the start of the work authorized by the permit, upon the applicant’s request, provided the grading application has expired or has been withdrawn. A handling charge shall be deducted from any such refund.
E. No refund shall be made if the applicant or permittee has any outstanding debts owed to the City, or if corrective work remains to be done on the grading work itself.
F. No refund shall be made pursuant to this section if a request for refund is submitted to the City more than five years from the date of payment of the fee as to which a refund is claimed; nor shall any refund be paid if the total refundable amount, after deduction of City costs as provided in this section, is less than $100.00. (Ord. 345, 1991)
16.46.080 Security required.
A. No permit shall be issued pursuant to this division unless the applicant shall first post a security with the City comprised of a cash deposit or a combination of a cash deposit and a corporate surety bond of a surety authorized to do business in the State, instrument of credit or other security pledge in the performance of the permitted work, agreeing such funds are trust funds for the purposes of satisfying the cost of correcting any deficiency or any hazard or injury created by the work or its lack of maintenance. An irrevocable standby letter of credit issued by a financial institution subject to regulation by the State or Federal government may be posted in lieu of the surety bond, instrument of credit or other security.
B. The total security shall be in the form approved by the City Attorney. The engineer’s cost estimate shall be calculated using the City’s adopted unit costs. The total amount of the security shall be equal to 30 percent of the estimated cost of the grading work authorized by the permit, plus an additional sum equal to 100 percent of the estimated cost of the construction of retaining walls and drainage structures or facilities, including standard terrace drains, slope planting, erosion control facilities, and similar facilities authorized by the permit. The estimated cost of the work shall be determined by the City Engineer after reviewing the civil engineer’s estimates. If the City Engineer determines that the size, complexity and scope of the work does not justify the full amount of the security, he may waive all or part of the amount to the extent that there is no hazard or danger.
C. The cash deposit shall be equal to 20 percent of the total security required with a maximum of $40,000. In no instance shall the cash deposit be less than $2,000. This cash deposit shall be used by the City at its sole discretion to satisfy the cost of correcting any deficiency, hazard, or injury created by the work in violation of the terms and conditions of the permit and in violation of the provisions of this code or any other applicable law or ordinance; or for the maintenance, cleanup or repair of any public or private property, street or easement, or for the maintenance, upkeep or installation of debris basins, erosion control devices, etc. Use of the cash deposit or a portion thereof shall in no way limit or release the obligation of the permittee or surety to satisfy the cost of correcting any deficiency, hazard or injury created by the work, or to maintain same in a safe condition. If the amount of the cash deposit is insufficient to satisfy the said cost in full, the surety shall be liable to satisfy the City in causing any and all such work to be done. In the case of a cash deposit, any unused portion thereof shall be refunded to the permittee.
D. The permittee may elect to substitute cash instead of bonds for the remaining security. (Ord. 705 § 2, 2010; Ord. 345, 1991)