It is the purpose of this chapter to provide the orderly administration
of private contract work in the public right-of-way and to protect
the public interest and safety in the development of private property
by regulating grading, private encroachments on public rights-of-way
or public property, and construction within the public right-of-way,
establishing standards therefor.
(Ord. 87-02; Ord. 88-08)
The Director of Public Works shall issue permits authorizing
work under this chapter upon approval of the application and plans,
receipt of the prescribed fees, guarantee of public liability insurance,
and posting of the required security. The permits shall include, or
refer to, the conditions, plans, and specifications which shall govern
the work authorized.
(Ord. 2014-12)
No land development permit, public improvement permit or encroachment permit will be issued by the City of Encinitas for projects or developments within the California Coastal Zone as established by the California Coastal Act of 1976 as amended until such time as a development permit or certificate of exemption has been obtained from the California Coastal Commission or a court of competent jurisdiction authorizing such development, except that public improvements or encroachments with valuations of less than $7,500.00 considered as repairs or improvements to single-family dwellings which are not located between the mean high-tide line as defined by the Coastal Commission and the nearest improved public street will not be subject to this provision. Procedures to be followed when application is submitted for a permit in the Coastal Zone are: The application, plans and specifications filed by an applicant for a permit shall be reviewed by the Director of Public Works. Such plans shall be reviewed by other City departments to ensure compliance with the laws and ordinances under their jurisdiction. If the Director of Public Works is satisfied that the work described in the application for a permit, and the plans and specifications filed therewith conform to the requirements of this Code, and other pertinent laws and ordinances, he or she shall issue to the applicant a letter stating that he or she is prepared to issue a permit therefor to the applicant when the appropriate fees have been paid and the applicant presents an approved permit or certificate of exemption granted by the California Coastal Commission, or a court of competent jurisdiction authorizing construction for which the application was filed; provided, however, that the application, plans and specifications comply with all laws and ordinances in effect at the time of the presentation of such permit or certificate of exemption and payment of the fee specified in Section
15.04.070 of this Code is made.
(Ord. 2014-12)
Permit fees and deposits required by this chapter shall be collected
by the Director of Public Works or other designated persons in accordance
with procedures established by the Director of Finance. A schedule
of fees and deposits to cover the costs of processing the various
types of work referred to in this chapter shall be established by
the City Council and filed in the office of the City Clerk. Fixed
charges may be established to cover portions of the City costs. Such
fixed charges may include, but are not limited to, the cost for construction
permits, encroachment permits, inspection and update of City records.
No permit shall be issued and no work in the public rights-of-way
or land development shall be permitted until the fees applicable under
this chapter have been received by the Director of Public Works.
Any portion of the deposit not used to cover the actual costs
of the City in processing a permit application will be refunded, but
no funds will be released until all billings are in, and until final
acceptance of the work by the Director of Public Works. In determining
the actual costs incurred by the City in connection with the processing
of final maps and improvement plans, the costs as recorded by the
Director of Finance shall be prima facie evidence of actual costs
of services performed by the City.
The State of California, its political subdivisions or other
governmental agencies shall file applications for permits and shall
be issued permits as required by this chapter; provided, however,
that no fees shall be required for work to be performed directly by
the State of California, its political subdivisions or other governmental
agencies. Contractors working for the State of California, its political
subdivisions, or other governmental agencies shall obtain a permit
and shall pay all applicable permit fees.
(Ord. 2014-12; Ord. 2017-07)
In the event a permit fee refund is requested by the permittee
and the Director of Public Works has determined that it is in the
public interest to allow the permittee to abandon the work, the Director
of Public Works shall cancel the permit and refund the refundable
portion of the fee.
(Ord. 2014-12)
A. Persons
performing work under a permit issued in accordance with this chapter
shall furnish security, in the amount specified in this chapter, guaranteeing
proper completion of the permitted works. The security shall be in
the form of one or more of the following at the option of the City
Engineer for the full protection of the City:
1. A
deposit, with the Director of Finance, of money or negotiable bonds
of the kind approved for securing deposits of public moneys.
2. An
instrument of credit from one or more financial institutions subject
to regulation by the state or federal government and pledging that
the funds necessary to carry out the permitted works are on deposit
and guaranteed for payment, or a letter of credit issued by such a
financial institution.
3. A
lien on the permittee's property.
4. Any
form of security acceptable to the Director of Public Works and specified
by ordinance.
B. The
security shall be conditioned upon the payment to the City of any
costs incurred by the City in completing the required work or in employing
a contractor to complete such work. Whenever the Director of Public
Works finds that a default has occurred in the performance of any
term or condition of work authorized by a permit, he or she shall
give written notice of such default to the permittee. Such notice
shall state the work remaining to be done, the estimated cost of completion
and the time estimated by the Director of Public Works to be necessary
for the completion of work. After receipt of such notice the permittee
must, within the time specified, satisfactorily complete the permitted
work.
C. If
the default is not corrected by the permittee within the time specified,
the Director of Public Works shall proceed without delay and without
further notice of proceedings whatever to use the security or any
portion thereof to complete the required work. The balance, if any,
of any cash deposit shall, upon completion of the work, be returned
to the depositor or to his or her successors or assigns after deducting
the cost of the work.
(Ord. 2003-04; Ord. 2014-12)
The security amount shall be based on an estimate of the cost
of work approved by the Director of Public Works in an amount of at
least 150% of the approved estimate.
(Ord. 2014-12)
Prior to the issuance of any permit, the permit applicant must
provide a policy of liability insurance in an amount satisfactory
to the Director of Public Works in order to protect the City from
any potential claims that may arise from the works covered by the
permit. The policy must remain in effect throughout the full term
of the permit and provide that the insurer shall give 30 days' notice
to the City before the policy is canceled or expires.
(Ord. 2014-12)