Chapter 12.16



IMPROVEMENTS REQUIRING DEPOSITS

12.16.010 Permit-Required.
12.16.020 Permit-Application.
12.16.030 Permit-Applicant.
12.16.040 Permit-Fee and deposit.
12.16.050 Permit-Approval.
12.16.060 Permit-Transferability and assignability.
12.16.070 Permit-Other conditions-Denial.
12.16.080 Street grade established.
12.16.090 Amount of area required for improvement.
12.16.100 Direction and specifications.
12.16.110 Lines and grades.
12.16.120 Lines and grades-Authority to set.
12.16.130 Failure and defects in performance.
12.16.140 Final inspection-Certificate of acceptance generally.
12.16.150 Costs-Refund.
12.16.160 Appeals.


12.16.010 Permit-Required.


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 º 26-58)

12.16.020 Permit-Application.


Any person desiring to obtain a permit as required by Section 12.16.010 shall make written application therefor to the street and field services administrator on a printed form to be supplied by the street and field services administrator, 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 º 26-59)

12.16.030 Permit-Applicant.


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 º 26-60)

12.16.040 Permit-Fee and deposit.


A. Every applicant at the time of filing his or her application shall pay a 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. (Ord. 4958 º 2, 1991: prior code º 26-61)

12.16.050 Permit-Approval.


No permit granted under the provisions of this chapter by the street and field services administrator shall become effective until it has been presented to and approved by the city manager. (Prior code º 26-62)

12.16.060 Permit-Transferability and assignability.


No permit issued under the terms of this chapter shall be transferable or assignable, except by first obtaining a permit to transfer or assign from the street and field services administrator. No person shall do any street work under a permit granted to another person unless such permit has been first properly transferred or assigned in accordance with this section to such person doing such work. (Prior code º 26-63)

12.16.070 Permit-Other conditions-Denial.


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 º 26-65)

12.16.080 Street grade established.


No permit to do any street improvement shall be granted until the grade of the street shall have been first officially established. (Prior code º 26-64)

12.16.090 Amount of area required for improvement.


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 º 26-66)

12.16.100 Direction and specifications.


All work regulated by this chapter must in all cases be done under the direction and to the satisfaction of the street and field services administrator within the time specified in the application required by Section 12.16.020, 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 º 26-67)

12.16.110 Lines and grades.


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 º 26-68)

12.16.120 Lines and grades-Authority to set.


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 º 26-69)

12.16.130 Failure and defects in performance.


If the work regulated by this chapter does not, in the judgment of the street and field services administrator comply with the city specifications therefor and with the terms of this chapter, the street and field services administrator 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 five 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 street and field services administrator 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 street and field services administrator 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 º 26-70)

12.16.140 Final inspection-Certificate of acceptance generally.


Upon completion of the work to be done under any permit granted pursuant to this chapter, it shall be the duty of the street and field services administrator 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 street and field services administrator 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 street and field services administrator. (Prior code º 26-71)

12.16.150 Costs-Refund.


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 fifteen percent thereof, the balance, if any, shall be returned to the permittee within thirty days after the final inspection and acceptance of the work. (Prior code º 26-72)

12.16.160 Appeals.


Any person aggrieved by any action of the street and field services administrator 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. (Prior code º 26-73)