The provisions of this article apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, or other appurtenant highway structures.
(Prior code § 71.401)
No person shall construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway, or cause the same to be done, without first obtaining from the surveyor a permit to do so.
(Prior code § 71.402)
No person shall construct, improve or repair any residential driveway in, over, along, across or through any highway, or cause the same to be done, without first obtaining a permit to do so pursuant to Chapter 15.08 of this code.
(Prior code § 71.402.5)
Application for a permit required by this article shall be made in accordance with Article I of this chapter. The application shall specify:
A. 
The location, nature, and extent of the work to be performed;
B. 
The materials to be used;
C. 
Such other information as the surveyor may require.
(Prior code § 71.403)
If, in the opinion of the surveyor, the work proposed to be done requires the making of plans or the setting of stakes, or both, the surveyor may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.
(Prior code § 71.404)
Where the structure, driveway, curb, sidewalk or gutter is to be constructed of concrete, the applicant shall be a person licensed by the state to perform the work described in the application, and he or she must perform the work, or the work must be performed under his or her immediate supervision.
(Prior code § 71.405)
If, in the opinion of the surveyor, the construction of any length of curb or sidewalk less than the full length of a street between street intersections would create a condition hazardous to the traveling public using the street upon which it is proposed to install the curb or sidewalk, he or she may refuse to issue a permit for the construction of curb or sidewalk for any length less than the full length of said street between intersecting streets.
(Prior code § 71.406)
Every person applying for a permit required by this article shall, at the time of making application for the permit, pay an issuance fee of two dollars.
(Prior code § 71.407)
A. 
An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee as follows:
1. 
An amount estimated by the surveyor to be equal to twice the actual cost of all necessary engineering and inspection;
2. 
An applicant for a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock, shall, in addition to the issuance fee, pay an engineering and/or inspection fee of twenty dollars.
B. 
The surveyor shall not charge any engineering or inspection fee for a permit to construct curbs, walks, gutters or highway surfaces.
(Prior code § 71.408)
A. 
The engineering and inspection costs provided for in subsection A(2) of Section 12.04.435 shall be presumed to be the actual cost. A refund shall not be made to any applicant unless the inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned, or if the driveway or driveways were not constructed by the permittee, the applicant may apply for a refund of the unused fees, less a charge of one dollar and fifty cents on the permit for final inspection charges. Where the deposit has been made under subsection A(l) of Section 12.04.435, the surveyor shall deduct from the deposit the amount of the issuance fee and the actual cost to the city of the required engineering and inspection. If such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.
B. 
If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the excess to the city. If he or she does not so pay within fifteen days, the city may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued to such permittee.
(Prior code § 71.409)
If so required by the surveyor, the permittee shall make proper arrangements for, and bear the cost of relocating any structure, public utility, tree or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The surveyor may elect to do the necessary relocation. In such case the permittee shall deposit with the surveyor a sum of money estimated by him or her to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to, or a deficiency shall by paid by, the permittee as provided in Section 12.04.440.
(Prior code § 71.410)
If any stakes set for any work covered by this chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the surveyor to be sufficient to pay the cost of setting such additional stakes. The surveyor shall set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.04.440.
(Prior code § 71.411)
When a permit has been revoked by the surveyor, the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded.
(Prior code § 71.412)
Every permittee shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work in a continuous, diligent, and workmanlike manner to completion.
(Prior code § 71.414)
Unless, in his or her opinion, a good and sufficient reason exists for the failure of the permittee to comply with the provisions of Section l2.04.460, the surveyor may revoke the permit.
(Prior code § 71.415)
Every person who performs any work covered by this article in an amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor.
(Prior code § 71.416)
A. 
The permittee shall perform all work in accordance with the plans, if plans are made, and the specifications entitled "The Standard Specifications, Road Department of the County of San Diego," on file with the surveyor, and, further, to the satisfaction of the surveyor.
B. 
The surveyor may waive inspection, if he or she believes such inspection is not necessary for the best interests of the county; provided, however, any such waiver shall be in writing.
(Prior code § 71.418)
Not less than eighteen hours before the commencement of any work regulated by this article, the permittee shall apply in writing to the surveyor for an inspector therefor. In such application he or she shall specify the day and hour when, and the location at which, the work will be commenced.
(Prior code § 71.420)
A permittee shall place and maintain at each end of the work and not more than fifty feet apart along the side thereof, unless otherwise directed by the surveyor, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He or she shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the surveyor.
(Prior code § 71.422)
A permittee shall remove all material and debris:
A. 
Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit;
B. 
In all other cases within three days.
(Prior code § 71.423)
If the surveyor, by survey or by inspection or by both, ascertains that the work has been completed according to the requirements of the permit, issued therefor and all of the provisions of this chapter, he or she 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.
(Prior code § 71.425)
The inspection, or approval, or acceptance of work or materials shall not relieve the permittee of any of his or her obligations to perform and complete the work according to the permit, the plans, if plans are made, and the specifications referred to in Sections 12.04.480 and 12.04.485.
(Prior code § 71.426)
Upon order of the surveyor, any work or material which does not conform to the permit, the plans, if plans are made, and the specifications referred to in Sections 12.04.480 and 12.04.485 shall be removed and replaced so as to conform to said plans and specifications, notwithstanding that such work or material has been previously inspected, or approved, or accepted by the surveyor.
(Prior code § 71.427)
By applying for and obtaining a permit pursuant to this chapter, the permittee agrees with the city that, in the event the permittee fails to comply promptly with the terms of the permit and perform and complete the work according to the plans, if any, and the specifications referred to in Sections 12.04.480 and 12.04.485 or fails to comply with any other provisions of this chapter, the city may elect to perform and complete the work, in which event the permittee shall pay to the city, upon demand of the surveyor and prior to actual performance and completion of the work by the city or its contractor, the cost of performing and completing the work according to such permit, the plans, if any, and the specifications either by the use of the city's forces or by an independent contractor, whichever method the surveyor deems appropriate, and, in the event the permittee fails to pay such cost to the city upon demand, the city may bring an action in a court of competent jurisdiction to recover such cost together with reasonable attorneys fees.
(Prior code § 71.428)
Any work performed contrary to the permit, the plans, if plans are made, and the specifications referred to in Sections 12.04.480 and 12.04.485, is declared to be a public nuisance, and, upon order of the city council, the city attorney shall immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.
(Prior code § 71.429)