Chapter 12.08
PUBLIC PROPERTY CONSTRUCTION*
Sections:
12.08.020 Description and sketch.
12.08.050 Surety agreement for performance and maintenance insurance.
12.08.070 Reimbursement—Cost of completion.
12.08.080 Reimbursement—Cost of repair.
* Prior ordinance history: Ords. 78-34, 87-31 and 90-16.
12.08.010 Approval.
No construction on any city-owned property, street right-of-way, or utility easement shall be performed by any person or corporation without first obtaining the approval of the city engineer or his designee and without obtaining a public property construction permit. (Ord. 92-24 § 1 (part), 1992)
12.08.020 Description and sketch.
Any person or corporation intending to perform the work as defined in Section 12.08.010, shall submit a description and drawing of the proposed project to the city engineer. (Ord. 92-24 § 1 (part), 1992)
12.08.030 Permit—Application.
In those cases where city-owned property, street rights-of-way, or utility easements are involved, the city engineer will instruct the person or corporation to apply for a public property construction permit from the city engineer. The application shall include the name and address of the applicant, a sufficient project description, the date the project will begin, the estimated date of project completion and any other information reasonably required by the city engineer. (Ord. 92-24 § 1 (part), 1992)
12.08.040 Permit—Fees.
The fee for a public property construction permit to cover the cost of processing the permit plus two inspections is set forth in Section 3.12.020(B). Additional inspections shall be charged to the applicant as set forth in Section 3.12.010(D). Further, additional inspection fees and/or full-time inspection fees, which shall be adopted pursuant to Section 3.12.010(A) and revised by council resolution pursuant to Section 3.12.010(B), may be charged to the applicant depending on project complexity. (Ord. 2003-16 § 28 (part), 2003: Ord. 92-24 § 1 (part), 1992)
12.08.050 Surety agreement for performance and maintenance insurance.
A. As a condition of approval of any permit under the provisions of this chapter, the applicant shall file a surety agreement with the city guaranteeing actual construction and installation of the work contemplated under the permit within a time period to be set by the city engineer. The surety agreement will also guarantee the repair or replacement of any improvement or restoration work done under the permit which proves defective in workmanship or materials within a period of one or two years from completion of the work and approval of the same by the city, the actual period of the guarantee to be set by the city engineer based upon the nature and complexity of the work involved. The surety agreement will also insure the applicant’s submission, pursuant to Section 12.08.060, of a completed set of engineer certified “as-built” plans at the completion of the job to the satisfaction of the city engineer. The surety agreement shall take one of the following forms:
1. A cash deposit made pursuant to the city’s official cash deposit agreement form as approved by the city attorney, in an amount determined by the city engineer to be sufficient to guarantee performance and maintenance as set forth above; or
2. A surety bond on the city’s official construction bond form as approved by the city attorney and in an amount determined by the city engineer to be sufficient to guarantee performance and maintenance as set forth in this section.
B. In addition to the surety agreement required under subsection A of this section, the applicant shall obtain and maintain in full force and effect throughout the period of construction and the maintenance guarantee period prescribed by the city engineer, a general liability insurance policy written on an occurrence basis with limits to be set by the city engineer based on the complexity and scope of the work involved. Such policies shall name the city as an additional insured and shall contain a provision preventing cancellation except upon thirty days’ advance written notice to the city. Proof of such insurance shall be furnished to the city prior to the issuance of any permit.
C. Notwithstanding the above, in the event that the city engineer determines that the construction involved will require minimal use of city property and not pose any significant risk of liability or injury to persons or property, the city engineer may do one or both of the following:
1. Waive the requirement for the filing of a surety agreement as provided in subsection A of this section and accept a performance and maintenance agreement in a form approved by the city attorney under which the applicant agrees to complete the work as required by the city engineer and guarantees the repair, replacement, or restoration within a time period determined by the city engineer; and/or
2. Accept an indemnity agreement in a form approved by the city attorney and under which the applicant agrees to indemnify, defend and hold the city harmless from any and all liability associated with the work, in lieu of the general liability insurance policy required by subsection B of this section. (Ord. 98-09 § 1, 1998; Ord. 92-24 § 1 (part), 1992)
12.08.060 Inspection.
Upon the date of completion, or when notified by the applicant of the project’s completion if earlier than the stated date of completion, the city engineer, or his or her designee, shall make an inspection to determine if city facilities or properties have been restored without damage. If the city engineer or his or her designee determines that the project has not been satisfactorily completed, then the applicant will be given written instructions describing the work which needs completion. Additionally, depending on the nature and scope of the work performed under the permit, the city engineer may require that a set of engineer certified “as-built” plans be submitted when work is accepted by the city. (Ord. 2003-16 § 28 (part), 2003: Ord. 92-24 § 1 (part), 1992)
12.08.070 Reimbursement—Cost of completion.
If the applicant has still not completed the work identified pursuant to Section 12.08.060 within forty-eight hours of notification, or within such other period that may be prescribed by the city engineer or his designee, the city may, at its sole option, elect to complete or contract to complete the project to city standards, and bill the applicant for time and material costs, plus twenty percent for overhead. (Ord. 92-24 § 1 (part), 1992)
12.08.080 Reimbursement—Cost of repair.
At any time that a city-owned utility line is damaged and the city is called upon to make repairs, the applicant will be billed for time and material costs, plus twenty percent for overhead. (Ord. 92-24 § 1 (part), 1992)
12.08.090 Exemption.
This chapter does not apply to any work performed for the city under municipal contract. (Ord. 92-24 § 1 (part), 1992)
12.08.100 Violation—Penalty.
Any person or corporation who violates any provision of this chapter shall have committed a civil infraction and shall, upon a finding by the city municipal court that the infraction has been committed, pay a civil monetary penalty to the city in a sum not to exceed five hundred dollars. Further, a separate infraction exists for each and every day during which any portion of which any violation of any provision of this chapter is committed, continued or permitted by any person or corporation. In addition to this civil infraction penalty, the city may, through the city attorney, seek a temporary restraining order injunction prohibiting a violation of this chapter in the superior court of the county. (Ord. 92-24 § 1 (part), 1992)