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)
A. 
No person or entity shall do or cause to be done any work covered under this chapter without first having obtained a permit, City contract, or City franchise to do such work.
B. 
All work done under this chapter shall be done in accordance with the approved plans and the conditions of the required permits, City contract or City franchise. The work shall conform to the standards of the City of Encinitas as set forth and contained in standard drawings, specifications and general conditions, on file in the office of the City Clerk and available for public distribution in the office of the City Engineer.
C. 
This chapter shall not affect the requirements of any other section of the Code, other permits, fees, charges or affect any provisions concerning the granting of franchises.
D. 
Any person or entity performing work covered by this chapter shall provide the required security to guarantee proper completion of the permitted work as described in this chapter.
A. 
The Director of Public Works shall enforce the provisions of this chapter. He or she shall, upon application by qualified persons, issue permits for the work under this chapter when all applicable prerequisite conditions established by this chapter for such permits have been met.
B. 
The Director of Public Works shall determine the extent, type, and requirements of the work to be done under this chapter and the type of application and permit required.
C. 
When the nature of the work requested is such that it is subject to other requirements of this Code or administrative regulations issued pursuant thereto or affects the operations of any other department of the City, the Director of Public Works shall adhere to the other requirements and shall be guided by the recommendations of such departments in determining the disposition of the application. Applications which are not in the interest of the public health, safety, or general welfare or do not constitute a reasonable use of land as indicated by the existing zoning or an approved land use plan, shall be denied.
D. 
The Director of Public Works shall fix the time for completion of the work when a permit is issued. The Director of Public Works may, upon request of the permittee, and for good cause shown, extend the period of time for completion for a sufficient time which, in the option of the City Engineer, will enable the permittee to complete the work.
E. 
The Director of Public Works shall cause to be inspected all work done under this chapter to ensure compliance with the provisions of the permit and shall determine when such work is properly completed.
F. 
The Director of Public Works may cancel a permit or may require plans to be amended when it is in the interest of public health, safety or general welfare to include, without limitation, any of the following situations:
1. 
Upon the request of the permittee.
2. 
When the facts are not presented accurately and/or correctly by the permittee in application.
3. 
When work as constructed or as proposed to be constructed creates a hazard to public health, safety, or general welfare.
G. 
Deputies. In accordance with prescribed procedures and with the approval of the appointing authority, the Director of Public Works may appoint deputies, as shall be authorized from time to time, to enforce the provisions of this chapter.
(Ord. 2014-12)
A. 
Where work subject to the provisions of this chapter is undertaken without a permit, the City Engineer may:
1. 
Order the work to be stopped.
2. 
Report the violation to the Contractors' Licensing Board.
3. 
Impose a penalty of double the normal City processing and inspection fee for obtaining the permit.
B. 
If a permit is not promptly obtained, the Director of Public Works may cause building permits to be suspended or certificates of occupancy withheld, and shall cause to be stopped all administrative action toward the processing of any project for which the issuance of a permit pursuant to this chapter is a prerequisite until the property is restored to its original condition satisfactory to the Director of Public Works at the sole cost of the applicant, or until an appeal of such requirement is heard. The Director of Public Works' decision may be appealed* to the City Council. (*See Chapter 1.12.)
C. 
Should restoration or such other resolution as determined by the Council not begin by a time specified by the Director of Public Works, the City Manager may direct the City Attorney to begin prosecution.
(Ord. 2014-12)
A. 
An application for a permit authorizing work under this chapter shall be made in accordance with procedures established by the Director of Public Works. Each application shall be accompanied by such detailed plans, specifications, schedules, and estimates as may be required by the Director of Public Works in determining the nature and extent of the work and applicable fees.
B. 
Detailed plans shall be prepared on material and to the size and in the manner designated by the Director of Public Works.
C. 
When proposed work or inquiries concerning the public rights-of-way necessitates investigation, the Director of Public Works may require a special investigation application and fee. Special investigation fees shall be in addition to other fees and are not refundable.
D. 
The permittee shall notify all public utilities within the area of proposed work of permittee's request to construct improvements or encroachments within the rights-of-way and shall coordinate with the public utilities in order that any necessary relocations of existing facilities may be done in an orderly fashion without interrupting the continuity of service or endangering life or property.
(Ord. 2014-12)
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)
A. 
The permittee shall ensure all work under this chapter is performed by a contractor who is appropriately licensed by the State of California to do the work proposed under the permit. The Director of Public Works will make the determination regarding the appropriate license.
B. 
Plans for public improvement and major work involving encroachment or land development authorized under this chapter shall be prepared by a civil engineer registered by the State of California. Where soils reports or soils investigations and/or geologic reports or geologic investigations are required, the reports and investigations shall be prepared and conducted by a California licensed soils engineer or engineering geologist.
(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)
A. 
A permittee authorized to commence construction within a public right-of-way shall place and maintain sufficient traffic control measures around the work site to protect the public safety by controlling vehicular and pedestrian traffic and advising the public of detours and construction hazards.
B. 
Traffic control measures include, without limitation, barriers, guards, lights, signs, flaggers and watchpersons.
C. 
Control devices shall be installed to the satisfaction of the Director of Public Works. All permits shall be subject to the requirement for a traffic control plan, reviewed and approved by the Director of Public Works. All traffic control devices and activities shall conform to the latest edition of the "Work Area Traffic Control Handbook" published by Building News, Inc. All permit sites requiring traffic control shall have at least one copy of the above handbook at the site during working hours.
D. 
If a construction permittee fails to comply satisfactorily with the provisions of this section, the Director of Public Works may cause additional control devices to be erected for which the permittee shall reimburse the City.
(Ord. 2014-12)
A. 
Driveways serving private property shall require a permit for construction, reconstruction, removal or repair, except for minor maintenance. An encroachment permit shall also be required for their placement on a City street.
B. 
The dimensions and location of any driveway serving private property shall be as specified in the appropriate City standards. All proposed variances to the standards shall be reviewed by the Director of Public Works.
C. 
Driveways serving private property shall not be located or constructed in a manner that endangers public safety or causes undue inconvenience to the public.
D. 
When a driveway serving private property is abandoned or is no longer suited for vehicular use, the property owner shall remove the depressed curb section and apron and restore the right-of-way to the standards normally required for an improved street.
(Ord. 2014-12)