Alameda Municipal Code § 13-49 Filling and Dredging Permit Required

It is unlawful for any person to fill, deposit or dump upon any land within the City by dredging, pumping or otherwise any water, mud, silt, sand, slickens, mulch or gravel without first obtaining from the Council permit in writing to do so. No permits for filling or dredging which allows placement of water, mud, silt, sand, slickens, mulch or gravel on City-owned or controlled property shall be issued unless a fee has been paid. The fee shall be set by City Council resolution.

(Ord. No. 2637 N.S. 1: Ord. No. 535 N.S. § 9-311)

Application for a permit shall be made in writing on forms available in the Central Permits Office filed in the Central Permits Office. The following information shall be provided on the application:

a. A description of the land where material is to be placed or removed;

b. The name, residence and business address if the applicant is an individual, its name, date of incorporation and place of business if the applicant is a corporation; company or partnership name, name and addresses of the partners or persons comprising the partnership or company if the applicant is a partnership or company;

c. The name and address of the person, firm or corporation to be employed to do and perform the work;

d. A description of the work to be done, including an estimate of the volume of material to be dredged and/or placed.

In addition, plans and specifications shall be provided which describe the filling or dredging activities proposed as well as any levees, dikes or other materials proposed for retaining and impounding any matter deposited, dumped, or dredged as mentioned in the preceding subsection. These plans and specifications must be prepared by a licensed civil or geotechnical engineer or prepared in sufficient detail and with sufficient clarity to permit evaluation of the work to be done.

(Ord. No. 2637 N.S. § 1: Ord. No. 535 N.S. § 9-312; Ord. No. 2537 N.S. § 15)

Such permit shall not be issued until after the person, firm or corporation shall have first delivered to the City Clerk a bond, letter of credit or other form of security acceptable to the City Attorney, in favor of the City of Alameda, and in a sum equal in amount to two and one-half (2 ½%) percent of the contract price of said work, but in no event shall said security be less than five thousand ($5,000.00) dollars. Said security shall be conditioned that the party desiring the permit will strictly comply with all the conditions and requirements of this chapter and of any ordinances hereafter passed regulating the filling, dumping, depositing or dredging upon any land as specified in subsection 13-49.1, and that the party will pay all damages which may result by reason of such work in the City of Alameda by said party, his/her agents, servants, or employees to any street, alley, sewer, drain or sidewalk; and conditioned further that said party, the principal, will save, indemnify and keep harmless the City of Alameda against all liabilities, judgments, costs and expenses which may in anywise accrue against the City in consequence of the granting of such permit, and will in all things strictly comply with the conditions of such permit. Any such security filed as aforesaid shall operate as a security for the purposes required by this section during the progress of the work described in the permit and for a period of one (1) year from the date of the completion of such work, which date of completion shall be determined, certified to and filed with the City Clerk by the City Engineer.

(Ord. No. 535 N.S. § 9-313; Ord. No. 2537 N.S. § 16)

Upon the receipt of such application the Council shall without unnecessary delay hear and consider same and may in its discretion grant or refuse to grant the same.

(Ord. No. 535 N.S. § 9-314)

If the Council shall determine that the permit be granted it shall order that the work described therein shall be done under the supervision and inspection of the City Engineer.

(Ord. No. 535 N.S. § 9-315)

The City Engineer is hereby constituted and designated the official inspector of all such work as is herein described and provided for. If at any time during the progress of the work the City Engineer shall deem it unsafe to permit the work to proceed he/she may stop same and may for that purpose, if it shall be necessary, call to his/her aid, the entire City Police force. In the event of such action by the City Engineer he/she shall immediately make report to the Council, the Council may, after due hearing, and when the public welfare and safety require, revoke or suspend such permit.

(Ord. No. 535 N.S. § 9-316)