The purpose of this chapter is to establish when Notices of
Completion are required, to designate the Director of Public Works
as having the authority to sign and verify Notices of Completion,
and to establish procedures for processing Notices of Completion.
(Ord. 1420, 1992)
Pursuant to §§ 3086 and 3093 of the California
Civil Code, the date of completion of a work of improvement, for the
purpose of recording a Notice of Completion, shall be deemed to be
the date of acceptance of such work of improvement by the county.
Furthermore, the date of acceptance shall be deemed to be the date
of the final inspection of a work of improvement by the county.
A final inspection is a formal inspection by the Director
of Public Works, or his designee, in which it has been determined
that a work of improvement has been substantially completed and adequate
warranty security has been provided.
The following projects shall be defined as Works of Improvement:
Private development projects involving facilities that will
be accepted by the County for maintenance. Examples of some types
of facilities that may be accepted by the County in this case includes:
roadways, street lights, landscaping, storm drainage systems, sanitary
sewer facilities, or domestic water facilities.
County projects where a private company has been contracted
by the County to construct or install various improvements. Improvements
may include, but are not limited to, the construction of buildings
or other structures, roadways, street lights, storm drainage or flood
control facilities, parking lots, irrigation facilities, sanitary
sewer facilities, or domestic water facilities.
(Ord. 1420, 1992)
A Notice of Completion conforming to § 3093 of the California
Civil Code shall be processed and recorded to establish a written
notice of the completion of works of improvement as defined above.
Notices of Completion shall be recorded in the Office of the County
Recorder within 10 days after the date of completion.
A Notice of Completion is not required to be processed and recorded
for private development projects not involving the recordation of
a final map or parcel map unless otherwise required by a written agreement
between the County and the Developer.
(Ord. 1420, 1992)
The following procedures shall be followed for processing Notices
of Completion:
A.
The
Department of Public Works shall receive notification from all other
pertinent agencies or individuals indicating that their portion of
a work of improvement has been completed and accepted. The Director
of Public Works may waive this requirement if an agency or individual
is being unreasonable in not accepting their portion of improvement.
B.
A Final
Inspection shall be completed for a Work of Improvement. The Date
of Completion to be used on the Notice of Completion shall be the
date of the Final Inspection.
C.
The
Department of Public Works shall prepare the Notice of Completion
and shall deliver the Notice of Completion to the Office of the County
Recorder for Recordation. The Notice of Completion shall be recorded
within 10 days after the date of completion.
(Ord. 1420, 1992)
Pursuant to § 3093 of the California Civil Code, the Director
of Public Works is designated as the agent of the Board of Supervisors
to accept works of improvement and is authorized to sign and verify
Notices of Completion.
(Ord. 1420, 1992)
