A.
No person shall construct any sidewalk, curb, sewer, gutter or crosswalk, or do any grading, macadamizing, paving or other street work in or on any public street, alley or public place within the city or commence any of such work without first obtaining a permit to do so from the director of public works of the city under the provisions of this chapter; provided, however, that nothing herein contained shall apply to street work done under a contract let therefor by the council or to excavation or other work done under the provisions of Chapter 12.20
B.
When
street, drainage or sewer improvements are required in connection
with the approval of a tentative subdivision map, tentative lot split
map or grading permit the subdivider or person to whom the grading
permit is issued shall obtain a permit under this chapter and make
the deposit required by this chapter at or prior to the time of filing
the improvement plans with the director of public works for checking.
When the required improvements are located on private property the
processing of the permit under this chapter shall not constitute an
acceptance of such improvements or the property on which they are
located as public improvements or property of the city.
(Prior code § 26-58)
Any person desiring to obtain a permit as required by Section 12.16.010 of this chapter shall make written application therefor to the director of public works on a printed form to be supplied by director of public works and shall state therein the place where the improvement is to be made or work done, the nature and extent of such work or improvement, the time within which the same shall be commenced and when the same shall be completed, and that such permit is asked for and the work or improvement therein described will be done subject to the terms and provisions of this chapter.
(Prior code § 26-59; Ord. 5448 § 1, 2005)
Every permit shall be applied for by or in behalf of the person
who is actually to perform the street work for which such permit is
asked.
(Prior code § 26-60)
A.
Every
applicant at the time of filing his or her application shall pay a
nonrefundable permit application fee for each application and shall
deposit with the director of public works an amount sufficient to
cover the cost of engineering and inspection as estimated by the director
of public works. Engineering and inspection for the purposes of this
chapter shall include but not be limited to design, plan checking,
surveying, setting stakes, inspection, supervision, correction of
plans to show improvements as built, testing of materials and appurtenant
work and incidental costs.
B.
The
permit application fee shall be established or modified by resolution
of the city council. The schedule for such fees shall remain on file
and be available in the office of the director of public works. The
director of public works shall, with the approval of the city manager,
recommend changes to the council when the costs to provide these services
make it appropriate.
(Prior code § 26-61; Ord. 4958 § 2, 1991; Ord. 5448 § 2, 2005)
No permit granted under the provisions of this chapter shall
become effective until it has been presented to and approved by the
director of public works.
(Prior code § 26-62; Ord. 5448 § 3, 2005)
For liability, indemnification and insurance requirements pertaining to this chapter please refer to Section 12.08.055 of this title.
(Ord. 5448 § 4, 2005)
All permits granted or issued pursuant to this chapter shall
be nontransferable.
(Prior code § 26-63; Ord. 5448 § 5, 2005)
The street and field services administrator or city manager
or the council on appeal, may in all cases attach such further conditions
to the granting of any permit under this chapter as may in their judgment
seem necessary to secure the proper performance of such street work
or to protect the public interests in connection therewith, and may
determine whether the class of work which the applicant desires to
perform is such as should be installed at the place proposed. The
city, through its respective officers, expressly reserves the right
and privilege to refuse to grant a permit applied for under this chapter
whenever in the judgment of such officers it is for the best interests
of the public to do so.
(Prior code § 26-65)
No permit to do any street improvement shall be granted until
the grade of the street shall have been first officially established.
(Prior code § 26-64)
No permit to do any grading by private contract shall be granted,
except for the full width of the street. If the permit is for the
construction of a cement walk and curb only, the permit holder shall
be required to grade and smooth the parking or space between the outer
line of the walk and the curb, and if the permit is for the construction
of a cement sidewalk then the permittee must grade and level the entire
space between the property line and the curb line.
(Prior code § 26-66)
All work regulated by this chapter must in all cases be done under the direction and to the satisfaction of the director of public works within the time specified in the application required by Section 12.16.020 of this chapter, and in accordance with the city's specifications for work of that class, and on lines and grades to be given by the city engineer.
(Prior code § 26-67; Ord. 5448 § 6, 2005)
No person shall do any street work in the city without first
obtaining the lines and grades therefor from the city engineer or
to do the same except at the place and on the line and grade given
therefor by the city engineer.
(Prior code § 26-68)
A.
No
engineer other than the city engineer shall be permitted to set stakes
or give the lines of grades for improvements regulated by this chapter.
B.
It
shall be the duty of the city engineer upon the granting of a permit
as provided in this chapter to give the lines and grades for the performance
of such work and upon the completion of such work to inspect the same,
and, if found to be on line and grade, to issue a certificate in duplicate
of acceptance of the same as to line and grade and give one of such
certificates to the holder of such permit and file one with the street
and field services administrator.
(Prior code § 26-69)
If the work regulated by this chapter does not, in the judgment
of the director of public works comply with the city specifications
therefor and with the terms of this chapter, the director of public
works shall notify the person to whom the permit was granted of the
defect or failure of performance of such work, and shall require such
person within 10 days of the service of such notice to proceed to
remedy such defect. Such notice shall be written or printed and shall
be served personally or by leaving it at the residence or place of
business of such person, or if such person cannot be found, and such
place of business or place of residence is unknown or is outside of
the city, the notice may be served by depositing it in the post office,
postage prepaid, addressed to the person holding such permit at such
place of business or residence, if known or if unknown, in the city.
If such notice is not complied with, the director of public works
shall not grant any permit to such person to do street work by private
contract within the city until he or she has made full compliance
with the terms of such notice. If such failure or defect in performance
relates to the construction of a cement walk or cement curb, the director
of public works may order the same taken up and removed from the street
at the expense of the holder of such permit, which expense all applicants
by making application under this chapter agree to pay.
(Prior code § 26-70; Ord. 5448 § 7, 2005)
Upon completion of the work to be done under any permit granted
pursuant to this chapter, it shall be the duty of the director of
public works to make a final inspection thereof, and if the same is
found to be in accordance with the specifications for the same and
in compliance with the terms of this chapter and on line and grade,
the director of public works shall issue a final certificate in duplicate
of acceptance thereof, one of which certificates shall be delivered
to the holder of such permit, and the other placed on file in the
office of the director of public works.
(Prior code § 26-71; Ord. 5448 § 8, 2005)
The director of public works shall file with the director of finance and administrative services statements in detail of the cost of all engineering and inspection with respect to work done pursuant to a permit and after deducting from the deposit provided for in Section 12.16.040 the amount of such costs plus 15% thereof, the balance, if any, shall be returned to the permittee within 30 days after the final inspection and acceptance of the work.
(Prior code § 26-72)
Any person aggrieved by any action of the director of public works or city manager in granting or refusing a permit as provided in this chapter, or taking any other action under the terms of this chapter, may appeal to the council within the time and in the manner provided in Chapter 2.88 of this code.
(Prior code § 26-73; Ord. 5448 § 9, 2005)
