Chapter 16.64
PERMITS – CONDITIONS AND BONDS
Sections:
16.64.010 Permit – When issued – Conditions.
16.64.020 Permit – Term – Beginning work.
16.64.030 Permit – Term – Completion of work.
16.64.040 Civil engineer field supervision.
16.64.060 Transfer of permits.
16.64.010 Permit – When issued – Conditions.
After the applicant has paid the required fees and complied with all conditions precedent, the Director shall issue the permit unless it appears to him that the work proposed would significantly restrict the carrying capacity of a watercourse or would create an unreasonable hazard of flood or inundation to persons or property; provided, however, that the Director shall issue the permit subject to conditions, which shall be specifically set forth in the permit, if the Director determines that by doing so there would be created no such restriction of carrying capacity or unreasonable hazard. (Ord. 29 § 1, 1981; CC § 88.300)
16.64.020 Permit – Term – Beginning work.
The permittee shall begin the work authorized by the permit within 60 days from the date of issuance, unless a different date for commencement of work is set forth in the permit. The engineer or permittee shall notify the Director at least 24 hours prior to the commencement of work. Should the work not be commenced as specified in this chapter, then the permit shall become void; provided, however, that if prior to or within 30 days after the date established for commencement of work the permittee makes written request to the Director for an extension of time, setting forth the reasons for the required extension, the Director may grant additional time if in his opinion such an extension is warranted. (Ord. 29 § 1, 1981; CC § 88.301)
16.64.030 Permit – Term – Completion of work.
The permittee shall complete the work authorized by the permit within the time specified in the permit; provided, that if he is unable to do so he may make written request to the Director for an extension of time. The Director shall grant an extension of time to complete the work, if in his opinion such extension is warranted and would create an unreasonable hazard of flood or inundation to persons or property. The permittee shall notify the Director in writing of completion of the work authorized, and no work shall be deemed to have been completed until approved in writing by the Director following such written notification. The Director may cause inspections of the work to be made periodically during the course thereof and may make a final inspection following the completion of work; the permittee shall cooperate with the Director in making such inspections. (Ord. 29 § 1, 1981; CC § 88.303)
16.64.040 Civil engineer field supervision.
All work under the provisions of this division shall be performed under the general supervision and coordination of a Civil Engineer unless waived by the Director for small projects (or minor work) or the work is supervised by an agency of the Federal or State government. (Ord. 29 § 1, 1981; CC § 88.302)
16.64.050 Changes.
No changes may be made in the location, dimensions, materials or character of the work authorized in a permit, except upon written authorization of the Director unless said change relates to work being performed pursuant to plans prepared or approved by an agency of the Federal or State government and such change has been approved by said agency. (Ord. 29 § 1, 1981; CC § 88.304)
16.64.060 Transfer of permits.
A permit issued pursuant to this division is not transferable from property to property for any reason or in any manner whatsoever. (Ord. 29 § 1, 1981; CC § 88.305)
16.64.070 Bond required.
A. A permit shall not be issued where the value of the work is estimated by the Director to be $3,000 or more, unless the permittee first posts with the Director a bond executed by the permittee and a corporate surety authorized to do business in this State as a surety. The bond shall be in a form approved by the City Attorney and in an amount of 30 percent of the estimated value of the work authorized by the permit, except that the Director may waive all or part of the amount to the extent that he determines that the hazard or danger created by the work does not justify the full amount. The bond shall include penalty provisions for failure to complete the work on schedule.
B. In lieu of a surety bond the applicant may file with the City a cash bond or an instrument of credit approved by the City Attorney in an amount equal to that which would be required for the surety bond.
C. Every bond and instrument of credit shall include, and every cash deposit shall be made on, the conditions that the permittee shall:
1. Comply with the applicable laws, ordinances and provisions of this code;
2. Comply with all terms and conditions of the permit, to the satisfaction of the Director; and
3. Complete all work contemplated under the permit within the time limit therein specified, or if no time limit is therein specified, then within the time limit specified in this division.
D. Each bond, instrument of credit and cash deposit shall be made on and subject to the condition that no change, extension of time, alteration or addition to the terms of the permit or to the work contemplated thereunder, or the plans and specifications submitted in connection with the same, shall in any way affect the obligation of the surety on said bond, instrument of credit or cash deposit and; further, that the surety waives notice on any such change, extension of time, alteration or addition.
E. Each bond and instrument of credit shall remain in effect until the completion of the work to the satisfaction of the Director.
F. In the event of failure to complete the work, or failure to comply with all terms and conditions of the permit, the Director may order such work as in his opinion is necessary to eliminate any dangerous condition and to leave the site in a safe condition, or may order that the work authorized by the permit be completed to a safe condition, to his satisfaction. The permittee, and the surety on the bond or the person issuing the instrument of credit or making the cash deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all work to be done. In case of a cash deposit, any unused portion thereof shall be refunded to the person posting the same following completion of the work.
G. If the permit so provides, there may be a partial acceptance of the work by the Director from time to time, and a concomitant partial release of the security. (Ord. 29 § 1, 1981; CC § 88.306)