“Private contract” as used in Sections 12.04.160 to 12.04.310, with reference to private construction of sidewalks, driveways, curbs and gutters, shall be construed to mean construction other than let by the city, or pursuant to resolution of the council.
(Ord. 279 § 10; prior code § 25.31)
A. 
It is unlawful for any person to repair or construct, or cause to be repaired or constructed, by private contract in the city, any cement sidewalk, driveway, curb or gutter, or to cut any curb for the purpose of constructing a driveway, or to begin the excavation for the purpose of constructing a sidewalk, driveway, curb or gutter, without first obtaining from the superintendent of streets a permit in writing to do so. The superintendent of streets shall charge a fee for each and every permit issued, in addition to inspection and engineering fees. Permit fees and inspection and engineering fees to be established by resolution of the city council.
B. 
The superintendent of streets shall charge a fee of one dollar plus five cents per foot of curb to be installed, for each and every permit, to be paid in advance of issuance.
(Ord. 279 §§ 11, 21; prior code § 25.32; Ord. 86-004 § 5, 1986)
A. 
Permits issued pursuant to Section 12.04.160 shall be executed upon forms provided by the superintendent of streets and shall specify the name of the applicant, the location of the property in front of which the proposed sidewalk or driveway is to be repaired or constructed, and the footage thereof.
B. 
All permits for construction granted under Sections 12.04.150 to 12.04.310 shall be posted conspicuously on the site of the work.
(Ord. 279 § 15; prior code § 25.38)
Any permit required under 12.04.160 for the construction of curbs shall provide for the completion of the work within a specified time, to be determined by the superintendent of streets, which time may be extended by the superintendent of streets, and shall further provide that the work be done in conformity with the specifications filed, and to the satisfaction and acceptance of the superintendent of streets.
(Ord. 279 § 23; prior code § 25.34)
In no case shall a permit be granted under Sections 12.04.150 through 12.04.310 to construct sidewalks where the council has declared its intention to construct such sidewalks under the general laws of the state, and in the event that any of the terms of conditions of this chapter are not complied with within the time fixed, no further permit shall be issued to such person while noncompliance continues to exist, or while such person is indebted to the city for money expended in accordance with the terms and conditions of this chapter.
(Ord. 279 § 15 (part); prior code § 25.35)
Every permit issued under Sections 12.04.150 through 12.04.310 for the construction of a driveway shall be subject to the condition that the owner of the property facing such driveway will, at his own expense, construct or reconstruct the curb, parkway and sidewalk upon the abandonment of the use of the property for any purpose which necessitates the existence of a driveway.
(Ord. 279 § 16; prior code § 25.37)
A. 
It shall be the duty of the superintendent of streets to cause an inspection to be made of concrete sidewalks and driveways constructed under private contract, as referred to in Section 12.04.160, to ascertain whether such work is being done, or has been done, in accordance with the provisions of this chapter and the permit issued therefor.
B. 
The superintendent of streets shall charge an inspection fee upon all jobs, which fee shall be established by resolution of the city council.
(Ord. 279 § 12; prior code § 25.36; Ord. 86-004 § 6, 1986)
A. 
Before the issuance of a permit provided for in Section 12.04.160, the person desiring the same shall deposit with the city the sum of one hundred dollars, which deposit shall be known as the guarantee deposit and shall be maintained continuously at the sum of one hundred dollars; excepting, however, that a property owner when notified by the superintendent of streets to repair an existing sidewalk may make such repair to the extent of not more than fifty square feet without posting a guarantee deposit.
B. 
If, at any time after making such deposit, the amount of sidewalk or driveway constructed or repaired and guaranteed by such deposit exceeds three thousand square feet, the guarantee deposit shall be increased to, and maintained at, the sum of two hundred dollars.
(Ord. 279 § 13 (part); prior code § 25.40)
A. 
Before the issuance of a permit provided for in Section 12.04.160, the person desiring the same shall deposit with the city the sum of one hundred dollars, which shall be known as the guarantee deposit and shall be maintained at the sum of one hundred dollars; provided, however that any contractor maintaining a guarantee deposit for sidewalk construction as provided in Section 12.04.220 is excepted from this provision.
B. 
If, at any time after making such deposit, the amount of curb constructed and guaranteed by the deposit as provided in this section exceeds one hundred linear feet, the same guarantee deposit shall be increased to, and maintained at, the sum of two hundred dollars.
C. 
The guarantee deposit shall be administered in a manner similar to that required for sidewalk and driveway construction or repair.
(Ord. 279 § 22; prior code § 25.45)
In lieu of the guarantee deposit provided for in Sections 12.04.220 to 12.04.300, a surety company bond in the sum of one thousand dollars may be filed in place and stead of such cash deposit; and, the deposit or such surety bond shall be released after a period of thirty days from the issuance of a certificate of completion by the superintendent of streets.
(Ord. 290 § 1; prior code § 25.46)
After a lapse of twelve months from the date of completion of work called for in the last permit issued to any permittee under Sections 12.04.150 through 12.04.310, upon written demand of such permittee, or his successors or assigns, where such transfer or assignment is made in the manner as provided by Section 12.04.280, accompanied by a certificate from the superintendent of streets stating that all needed repairs have been made, and this chapter otherwise complied with, the city shall return the guarantee deposit, or such portion thereof as may remain after deduction of all fees for repairs and work done, as provided in Section 12.04.250, to the person depositing the same or his successors or assigns.
(Ord. 279 § 13 (part); prior code § 25.43)
If, within twelve months after the completion of the work called for in any permit issued under Sections 12.04.150 through 12.04.310, the sidewalk or driveway breaks, disintegrates or otherwise fails to comply with the provisions of this chapter, the superintendent of streets shall notify the person making a guarantee deposit of such break, disintegration, or failure and specify the repairs needed or work to be done, and such person shall, within ten days from the date of such notice, make such specified repairs. If such repairs are not made within the fixed time, the same may be made by the superintendent of streets and the cost thereof shall be paid from the guarantee deposit on hand with the city, demand being made for such costs by the superintendent of streets.
(Ord. 279 § 13 (part); prior code § 25.42)
A. 
The guarantee deposit referred to in Section 12.04.220 may be transferred to another party where such transfer is made pursuant to a judgment of court, or by an agreement of dissolution of a partnership, or upon a bona fide sale of the business of the person having made such deposit and holding the receipt therefor; or by any person having ceased to do work under such permit, and entitled to a return of the deposit as provided in Section 12.04.260. Any transfer of receipt for such deposit, or satisfactory proof of the loss of same, must be delivered to the superintendent of streets for verification. No transfer shall be made of such deposit other than as provided in this section.
B. 
In the event of a transfer of the guarantee deposit, such transfer shall in no way affect the liability of the deposit for any work done by the person transferring the deposit, nor shall it any way affect the liability of such person under the provisions of this chapter.
(Ord. 279 § 17; prior code § 25.44)
No construction or repair of sidewalks or driveways to be performed under a permit issued pursuant to Sections 12.04.150 to 12.04.310 shall be performed except by or under the supervision of the designated permittee, who shall also be the person who is responsible to the owner or contractor for such work. In the event it is at any time ascertained that any work is being done, or has been done, under a permit issued to anyone other than the person responsible to the owner for such work, and it is proven that the use of the permit was with the knowledge and consent, express or implied, of the designated permittee, then the guarantee deposit made by such permittee shall become forfeited to the city, and the person doing, or having done the work shall be guilty of an infraction.
(Ord. 279 § 18; prior code § 25.39; Ord. 677 § 1 (part), 1975)
If all of the private construction or repair work of any sidewalk or driveway is not completed at the expiration of the time allowed by the permit required by Sections 12.04.150 to 12.04.310, and appertaining thereto, and in accordance with the terms of this chapter, the superintendent of streets may notify the contractor to complete the work within two days, and, if not so completed, the superintendent of streets is authorized to have the same done at the expense of the contractor, and his guarantee deposit, or as much thereof as may be necessary, shall be applied in payment therefor.
(Ord. 279 § 14; prior code § 25.14)
All sidewalks or driveways must be repaired or constructed in every particular in accordance with the permit issued therefor in accordance with 12.04.150 to 12.04.300, must be completed within thirty days from the date of permit except in cases where owners have been notified to make repairs as provided in 12.04.020 to 12.04.100, unless an extension of time thereon is granted by the superintendent of streets; and must be in accordance with such specifications as may be adopted by resolution of the council, from time to time, for the private construction or repair of sidewalks or driveways.
(Ord. 279 § 19; prior code § 25.13)
The provisions of Sections 5870 to 5895 of the Streets and Highways Code of the state are expressly referred to and by such reference are made a part of this chapter in all proceedings applicable to the construction of sidewalks, paving, curb and gutter, in front of properties in any block where a sidewalk, paving, curb and gutter or all of them have been constructed theretofore in front of properties in such block constituting more than fifty percent of the front footage of the block; excepting, however, that proceedings may be instituted by the council to perform similar work in accordance with the provisions of Sections 5315 to 5327, frontage assessments, or Sections 5340 to 5344, district assessments, of the Streets and Highways Code of the state.
(Ord. 279 § 30; prior code § 25.18)