A. Title.
This chapter is known as the "Construction Permit Code" of the city.
B. Purpose—Intent.
These standards, guidelines and procedures for the city are established
and adopted to protect and promote the public health, safety, morals,
comfort, convenience, welfare and more particularly:
1. To
protect the physical and economic stability of the city by ensuring
adequate construction of public improvements and prevention of damage
to existing public improvements through negligent construction practices;
2. To
reduce hazards to the public resulting from inappropriate construction
and traffic-control procedures during construction activities affecting
streets, highways, sidewalks, drainage facilities and other public
places owned and operated by the city.
(Code 1980, § 12.03.010; Ord. No. 218, § 2, 1984)
The following words shall have the following meanings:
"City engineer"
means the city engineer of the city or his or her designated
representative.
"Encroachment"
includes any tower, pole, pole line, pipe, pipeline, fence,
billboard, stand or building or any structure or object of any kind
or character not particularly mentioned in this subsection, which
is placed in, under or over any portion of the highway.
"Facility"
means any street, highway, curb, gutter, fencing, pipe, pipeline,
tube, main, service, trap, vent, vault, manhole, meter, gauge, regulator,
valve, conduit, wire, tower, pole, pole line, anchor, cable, junction
box, transformer, or any other material structure or object of any
kind or character, whether enumerated in this subsection or not which
is lawfully constructed, left or placed or maintained in, upon, along,
across, under or over any public place.
"Plans"
means the document developed and approved by the city engineer
describing the nature and extent of works proposed to be constructed
or carried out on a public place.
"Public place"
means any public street, way, place, alley, sidewalk, park,
square, plaza or other similar public property owned or controlled
by the city and dedicated to public use.
"Specification"
means "The Standard Specifications For Public Works Construction"
(current edition including supplements) written and promulgated by
Southern California Chapter American Public Works Association and
Southern California District Associated General Contractors or California
Joint Cooperative Committee and published by Building News Inc., and
which shall govern all street right-of-way construction within the
city, unless otherwise noted on approved plans.
"Standard drawings"
mean the "Standard Drawings" of the city, adopted and revised
by the city engineer.
(Code 1980, § 12.03.020; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. This
chapter shall be administered by the city engineer whose responsibilities
for this chapter include the following functions to be carried out
either directly or by subordinate employees:
1. Application
process. Establish the form and process for application for construction
permits required pursuant to this chapter. Processing includes the
certification of completed applications, the approval of plans, the
establishment of files, collection of fees and security deposits.
2. Interpretation.
Interpret the provisions and advise the public on the requirements
of this chapter and all plans, specifications and special provisions
concerning works on facilities governed by the provisions of this
chapter.
3. Plan
approval. Establishes format and content of plans and standards governing
the improvements or works on facilities pursuant to the provisions
of this chapter.
4. Permit
issuance. If the applicant for a permit complies with every provision
of this chapter the city engineer may issue to the applicant a written
permit to perform the work set forth in the application and approval.
Any permit authorized under any of the provisions of this chapter
may be issued subject to such conditions, changes and limitations
as are in the discretion of the city engineer necessary for the protection
of the public place, highway or other facility, or to prevent undue
interference with traffic, or to protect both persons and property
within, upon or adjacent to said places from damage or danger.
5. Change
in conditions after permit issued. Any permit issued by the city engineer
under any of the provisions of this chapter or the conditions to which
it has been made subject, may be amended or changed if the city engineer
deems such amendment or change to be necessary for the protection
of the highways, or to prevent undue interference with traffic, or
to protect both persons and property within, upon or adjacent to said
highways from damage or danger. Notification of the amendment or change
shall be made by the city engineer either by mailing written notice
to the permittee at the address indicated on his or her application
for the permit, or by making personal service of the written notice
upon the permittee. The amendment or change shall be effective either
24 hours after the written notice is deposited in the United States
mail or immediately upon completion of personal service.
6. Refusal
to issue permit. The city engineer may refuse to issue permits or
may revoke any outstanding permits heretofore or hereafter issued,
or any portion thereof, where the work has not been started, when
the work authorized by the permits, or such portions thereof is included
in the proposed work to be done, by any existing assessment district,
or by any proposed assessment district for which formation proceedings
have been instituted by the city council or where prior claims or
disciplinary action is pending against the applicant for permit which
would make it in the best interest of the city to refuse such action
or because of violations of provisions of the permit or provisions
of this chapter.
(Code 1980, § 12.03.030; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. No
person shall do any of the following acts, except pursuant to a valid
construction permit:
1. Make
or cause to be made any excavation or opening, fill or obstruction
in, over, along, on, across or through any public place for any purpose
whatsoever;
2. Construct
or repair or cause to be constructed or repaired any curb, sidewalk,
gutter, curb with integral gutter, drive approach, alley approach,
spandrel and cross gutter, wheelchair ramp, A.C. dike, or any other
work of any nature covered by city standard drawings or city policy
or place; change, renew an encroachment in, over, along, on, across
or through any street right-of-way or public place, excepting, however,
for or in connection with the installation of poles, guys and anchors
constructed for use under franchise for public utility purposes where
such poles, guys, and anchors do not interfere with or lie within
ten feet of existing improvements;
3. Place
any banner over, cross, on or along any street right-of-way;
4. Plant,
remove, cut, cut down, injure or destroy any tree, plant, shrub or
flower growing within any right-of-way, excepting necessary pruning
or trimming to protect persons or property;
5. Construct
or modify or cause to be constructed or modified any storm drain or
conveyor of drainage waters and appurtenant items within dedicated
easements, rights-of-way or public place;
6. Modify,
alter or deface any block wall on or adjacent to public places.
B. No
permit shall be issued for excavations or pavement cuts in any street
that has been resurfaced with 0.10 feet thickness or greater with
either asphalt concrete or asphalt rubber hot mix material within
five years after the date the city accepted the completion of such
resurfacing, or in the case of maintenance projects such as, seal
coat, slurry seal, chip seal, etc., within two years after the city
has accepted completion. This prohibition shall not apply if the city
engineer finds any of the following conditions apply to the application:
1. The
work is mandated by city, county, state or federal legislation or
is required as a condition of approval to a city-issued development
permit.
2. The
work is required to provide utility services and there is no other
reasonable means of providing such service.
3. The
work is limited to exploratory potholes to verify utility depth or
location.
4. The
work is limited to excavations that are essential components of a
regional project that will provide substantial public benefit.
5. Public
health, safety or welfare requires the work be done before the applicable
five-year or two-year limitation.
C. Work
necessary to correct, respond to, or prevent an emergency threatening
life or property, or life-essential utility services work may occur
without first obtaining a construction permit, provided that a construction
permit shall be applied for the following business day.
D. When a construction permit for excavation or pavement cuts is granted by the city engineer pursuant to subsection
B of this section or emergency excavations or pavement cuts are performed according to subsection
C, the following conditions shall apply:
1. All
restoration and repair work shall be performed in accordance with
the most current trench, backfill, and pavement replacement detail
standards in effect and as approved by the city engineer, except the
final surface course material used shall be the same as the existing
street pavement surface, and for asphalt rubber hot mix, the thickness
shall be no less than 0.12 feet.
2. The
final surface course for the repair shall extend either to the inside
striped edge of the travel lane on both sides of the lane being cut
or up to the lip of gutter, curb, or edge of pavement when adjacent
to the travel lane, with the exception of striped bike lanes with
an asphalt surface width of four feet or more. If the street is only
one lane in each direction with no painted center median, then the
final surface repair shall extend from the centerline to the lip of
gutter, curb or edge of pavement.
3. For
street cuts within an intersection, the city engineer may establish
the required limits of the final surface course of the repair.
4. If
the pavement surface in the adjacent area of the repair shows stress
or fails due to the applicant's permit work, the repair shall include
those areas.
5. If
the distance between perpendicular trenches is ten feet or less measured
from the inside edge of the trenches, the final surface course portion
of the repair shall be extended to encompass the area between the
trenches.
6. The
final surface course repairs shall be perpendicular to the street.
7. The
permit applicant shall submit an application for a construction permit
and pay all of the required fees.
(Code 1980, § 12.03.040; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014; Ord. No. 906 § 1, 2017)
Any person proposing to do any of the acts described in section
12.03.040 shall make application for a construction permit to the city engineer. The following information shall be included on the application:
A. The
location, nature and extent of work to be performed;
B. The
proposed date when said work shall be commenced;
C. The
proposed date when work shall be completed;
D. Such
other information as may be required by the city engineer.
Upon permit issuance the application shall become part of the
permit. The applicant shall allow a minimum of two working days for
review of the application.
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(Code 1980, § 12.03.050; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
If, in the opinion of the city engineer, the work proposed to
be done requires the making of plans or the set-ting 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 licensed by the state department of consumer affairs, to
prepare the appropriate documents.
(Code 1980, § 12.03.060; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
Every permittee shall complete the work within the time required
by the permit. Permits issued hereunder shall be valid for the period
of time specified in the permits, unless the city engineer grants
a time extension.
(Code 1980, § 12.03.070; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. The
permittee shall perform the work in a timely manner; in accordance
with applicable plans, specifications, and city standards; and to
the satisfaction and under the supervision of the city engineer.
1. 24-hour
notice is required for all inspections.
2. All
work not in conformance with approved plans and specifications is
subject to rejection.
3. Requests
for final inspection shall be made in writing.
B. Any
works conducted requiring the temporary partial or full closure of
the traveled right-of-way shall not be commenced until the permittee
has been issued a street closure permit stipulating the date, time
and provision under which closure may be carried out. Application
for the permit shall be made to the city in the time and manner as
designated by the city engineer.
C. As
the work progresses, all streets shall be thoroughly cleaned of all
rubbish, excess earth, rock and other debris resulting from such work.
All cleanup operations at the location of such work shall be accomplished
at the expense of the permittee. From time to time, as may be ordered
by the city engineer, and in any event immediately after completion
of the work, the permittee shall, at its own expense, clean up and
remove all refuse and unused materials of any kind resulting from
the work. Upon failure to do so, within 24 hours after having been
notified, the work may be done by the city and the cost thereof charged
to the permittee. Whenever it may be necessary for the permittee to
excavate through any landscaped area, the area shall be reestablished
in a like manner after the excavation has been backfilled as required.
All construction and maintenance work shall be done in a manner designed
to leave the area clean of earth and debris and in a condition as
nearly as possible to that which existed before such work began. The
permittee shall not remove, even temporarily, any existing trees or
shrubs without first obtaining the consent of the city engineer.
D. A person
shall not prevent or obstruct the city engineer in making any inspection
authorized by this chapter or in taking any sample or in making any
test.
(Code 1980, § 12.03.080; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
If the city engineer, by survey or by inspection or by both,
ascertains that the work contemplated by this chapter has been completed
according to the requirements of the permit issued therefor, and of
all of the provisions of the permit, he shall issue, if requested
to do so 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.
(Code 1980, § 12.03.090; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. The
city engineer may deny the issuance of a permit to any person who
refuses or fails to comply with the provisions of this chapter, who
is indebted to the city for past permit violations or who, in the
judgment of the city engineer, has repeatedly violated permit procedures
or failed to comply with conditions requiring protection of the public
health and safety.
B. Any
permittee found in violation of the conditions of permit or provisions
of this chapter shall be given a written notice to comply stipulating
the application violation. Upon receipt of a notice to comply, the
permittee shall take action to correct the condition of violation
within the period stipulated in the notice. If within that period
appropriate measures have not been implemented, the city engineer
may revoke the permit and take any measures required to secure the
work site or return the work site to its original condition.
C. A revoked
permit may be reinstated by the city engineer with no fee within a
period of 15 calendar days if the permittee demonstrates to the satisfaction
of the city engineer that work will be continued in conformance with
applicable permits and code provisions.
D. The
city engineer shall require as a condition of permit reinstatement
payment of all charges incurred by the city as a result of permit
revocation.
(Code 1980, § 12.03.100; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. Any
person aggrieved by any decision of the city engineer with respect
to the issuance, revocation or refusal to issue a permit may appeal
to the city council by filing a notice of appeal with the city clerk
within 20 days after the date on which the city engineer takes the
action appealed from.
B. The
city council shall thereupon fix a time and place for hearing such
appeal. The city clerk shall give notice to the appellant and applicant/permittee
of the time and place of hearing by serving the notice personally
or by depositing it in the United States Post Office in the city,
postage prepaid, addressed to such persons at their last known addresses.
C. The
city council shall have the authority to determine all questions raised
on such appeal.
(Code 1980, § 12.03.110; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. A permit
fee shall be charged by the city for the issuance of a construction
permit. The fee shall be established by resolution of the city council
and is for the purpose of defraying the cost of issuing the requested
permit, inspection of works completed under the permit and other costs
assessed with administration of the provisions of this chapter.
B. Permit
fees are waived as a condition of issuance in the case of the Cucamonga
County Water District.
(Code 1980, § 12.03.120; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
A. As
a condition of issuance of a construction permit, the city engineer
may require posting of a cash deposit or an equivalent acceptable
to the city attorney. The deposit shall be for the purpose of securing
performance of work contemplated under the permit. Each deposit shall
be accompanied by a restoration and delineation or performance agreement
stipulating the uses and conditions under which the funds may be expended.
B. The
amount of the deposit shall be established by the city engineer.
C. Upon
completion and acceptance of work under permit, all funds not utilized
for agreed purposes shall be refunded to the permittee and any other
bonds or security instruments shall be released.
D. If,
in the opinion of the city engineer, any deposit, or any equivalent
or any combination thereof is not sufficient for the proper protection
of the public interest in the highways, including any trees thereon,
the city engineer may require either an additional deposit, or an
increase in the amount of the equivalent in such amount as he or she
determines will be sufficient to protect such public interest. Where
any deposit or equivalent is determined to be insufficient to pay
all fees and costs provided for in this section, the permittee shall,
upon demand, pay to the city an amount equal to the deficiency. Where
the permittee fails or refuses to pay the deficiency upon demand,
the city engineer may revoke the permit and/or recover the deficiency
by appropriate action in any court of competent jurisdiction. Until
such deficiency is paid in full, no other permit shall be issued to
such permittee.
E. Where
work is to be done by persons or utilities operating under a franchise
issued by the city or regulated by the state public utilities commission
or utilities operated by governmental agencies, a permit may be granted
without making a deposit. In such cases, the permittee shall be liable
for the actual cost of any work to be done by the city in restoring
the area covered by the permit to as good a condition as the same
was in before such work was done.
(Code 1980, § 12.03.130; Ord. No. 218, § 2, 1984)
A. No
person shall place or maintain any material or any obstruction or
impediment to travel in or upon any public place without a permit
to do so.
B. Persons
violating provisions of this section shall be issued a notice of removal
and given a specified time to remove such material, obstruction or
impediment. Where the material or obstruction is not removed as stipulated,
the city may cause said removal and bill the persons all cost involved.
If the bill for such removal is not paid by the due date, the city
may recover all costs from the persons responsible in an action in
any court of competent jurisdiction.
C. When
removal has been completed, the city engineer shall render to the
finance director an itemized statement covering work necessary for
such removal. The finance director shall pay the same from the funds
of the division or officer causing the work to be done, and, by mail,
shall present to the owner a demand for payment. If payment is not
made on behalf of the owner within 60 days after mailing such bill,
the city may certify to the county auditor the demands remaining unpaid,
together with the information required by law in such cases. The county
auditor shall cause the amount of the same to be entered upon the
property from which removal was accomplished, and the special assessment
and tax shall be included upon the next succeeding tax statement.
Thereafter, the amounts of the assessment shall be collected at the
same time and in the same manner as county taxes are collected, and
are subject to the same penalties and the same procedure and sale
in case of delinquency as provided for ordinary county taxes.
(Code 1980, § 12.03.140; Ord. No. 218, § 2, 1984; Ord. No. 870 (Recodification), 2014)
The city engineer may require any person who, pursuant to a
duly issued permit under this chapter, has performed construction
work or placed and maintained any encroachment, to move the same at
his or her own cost and expense to such different location as is specified
in a written demand of the city engineer, whenever such move is necessary
to ensure the safety of the traveling public or to permit the improvement
of the highway and may require the application to contain a signed
statement by the applicant to this effect. The city engineer shall
specify in the demand a reasonable time within which the work of relocation
must be commenced, and the permittee must commence such relocation
within the time specified in the demand and thereafter diligently
prosecute the same to completion.
(Code 1980, § 12.03.150; Ord. No. 218, § 2, 1984)
The applicant for a permit, as a condition to receiving a permit,
shall sign a statement that he or she agrees to indemnify and hold
harmless the city, and each officer and employee thereof, from any
liability or responsibility for death of or injury, loss or damage
to property happening or occurring as a result of the design or performance
of any work undertaken under any permit granted pursuant to the application.
As additional protection under this section the city may require the
permittee to provide proof of insurance naming the city as coinsured
for amounts as established by the city engineer.
(Code 1980, § 12.03.160; Ord. No. 218, § 2, 1984)
Every person is guilty of a misdemeanor who violates any provision
of this chapter, or who fails or neglects to comply with any requirement
of this chapter.
(Code 1980, § 12.03.170; Ord. No. 218, § 2, 1984)