Chino Hills Municipal Code Ch. 12.20 Permit Fees, Deposits, Bonds, and Insurance Coverage

With each application for a permit, fees, deposits, and/or bonds will be required to be submitted. These fees, deposits, and bonds are for the cost of reviewing the application, issuing the permit, inspecting the permitted work, and for completing or repairing substandard work.

(Ord. 137 § 2 (part), 2000)

A. An issuance fee, as set by resolution of the City Council, shall accompany the permit application.

B. The United States, the State of California, the County of San Bernardino, or any other county in the State of California, any municipal corporation, school district, or other public district or public body, upon filing a written guarantee of payment of all costs for which they may become liable to the City of Chino Hills, shall not be required to submit such issuance fee with the permit application provided that the written guarantee provides for payment of all costs within thirty (30) days of the completion of the permitted work.

(Ord. 137 § 2 (part), 2000)

A. General Provisions.

1. Any deposit required by this title shall accompany the permit application.

2. An applicant for a permit to construct any work shall, in addition to the issuance fee, pay or make a deposit in an amount estimated by the City Engineer to be equal to the estimated actual cost, including contingencies, of all necessary engineering and inspection costs.

3. If, in the opinion of the City Engineer, any specific or general deposit, or any undertaking or any combination of specific or general deposits is not sufficient for the proper protection of the public interest in highways including any trees thereon, the City Engineer may require either an additional deposit, or an increase in the amount of the bond in such amount as he or she determines will be sufficient to protect such public interest.

4. Where any deposit is determined to be insufficient to pay all fees and costs provided for in this title, the permittee shall, upon demand, pay to the City an amount equal to the deficiency.

5. Where the permittee fails or refuses to pay the deficiency upon demand, the City Engineer may recover such deficiency by appropriate action in any court of competent jurisdiction. Until such deficiency is paid in full, no permit shall be issued to such permittee.

B. Specific Deposits.

1. Each applicant for a permit shall make a specific deposit with the City Engineer an amount of money equal to the sum of the estimated actual costs of engineering, inspection and the permitted work. Provided, however, that where a faithful performance bond is posted which guarantees to the City the completion of the permitted work, including construction financed in whole or in part by special assessments, the specific deposit need not include the estimated cost of the permitted work.

2. The provisions of this section do not apply to any public utility operating under or possessing a franchise issued by the City.

3. The United States, the State of California, the County of San Bernardino, or any other county in the State of California, any municipal corporation, school district, or other public district or public body, upon filing a written guarantee of payment of all costs for which they may become liable to the City, shall not be required to submit such deposit with the permit application provided that the written guarantee provides for payment of all costs within thirty (30) days of completion of the permitted work.

C. General Deposits.

1. In lieu of a specific deposit and payment of a separate permit issuance fee, the applicant may make and maintain with the City Engineer a general deposit in an amount estimated by the City Engineer to be sufficient to pay for the cost of the permit issuance fee, expected costs for engineering and inspection, and expected costs for repairs occasioned by the future acts of the applicant for which the permit has been issued.

2. While a general deposit is maintained or while undertaking is filed, either or both of which are of an amount sufficient to cover the amount of any specific deposit required by this title, the applicant need not make any specific deposit.

3. The United States, the State of California, the County of San Bernardino, or any other county in the State of California, any municipal corporation, school district, or other public district or public body, upon filing a written guarantee of payment of all costs for which they may become liable to the City, shall not be required to submit such deposit with the permit application provided the written guarantee provides for payment of all costs within thirty (30) days of completion of the permitted work.

D. Undertaking. In lieu of making either a specific deposit or general deposit, or to supplement a general deposit not sufficient in amount, the applicant may file an undertaking with the City Engineer in a penal sum of not less than one thousand dollars ($1,000.00). Such undertaking to be in compliance with Sections 1056 and 1057 of the Code of Civil Procedure.

(Ord. 137 § 2 (part), 2000)

A. Any bond required by this title shall accompany the permit application.

B. As required by the City Engineer, the permittee shall maintain a bond with the City Engineer in an amount prescribed by the City Engineer sufficient to comply with the repairs required in this section, which shall be forfeited and the proceeds used by the City Engineer to perform the necessary repair work prescribed by this title in the event the permittee fails to make such repairs.

(Ord. 137 § 2 (part), 2000)

A. Payment.

1. Except as otherwise provided in this title, the City Engineer shall not issue any permit until all fees, deposits and bonds have been paid.

2. If the cost, plus the issuance fee, exceeds the amount of the deposit, the permittee shall pay the deficiency to the City. If the applicant fails to pay said deficiency within fifteen (15) days of notification, the City Engineer may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued.

B. Deductions. The City Engineer shall deduct from any deposit made or maintained by the permittee:

1. The permit issuance fee if that has not otherwise been paid;

2. The cost for making any and all repairs necessary as a result of the permittee's construction activities;

3. The cost of any inspection by the City Engineer;

4. After making the proper deductions, the City Engineer shall refund any remaining amount to the applicant in the same manner as provided by law for the repayment of trust moneys. Provided, however, that if a person makes and maintains with the City Engineer either a general deposit or an undertaking as provided by this title, the deductions provided for in this section need not be made. In lieu of such deductions, the City Engineer may bill such persons for the amount owed by him or her to the City, under the provisions of this title. If such amount is not paid within fifteen (15) days of the transmission of such bill, the City Engineer may deduct such amount from the general deposit, and the provisions of Section 12.20.030 shall apply, or may recover upon such undertaking.

C. Refunds.

1. The issuance fee required by the provisions of this title is for the purpose of defraying the cost of issuing the requested permit. No part of any issuance fee may be refunded.

2. Upon written request, the inspection deposit shall be refunded provided inspection services have not been provided. If inspection services have been provided, the remaining balance of the deposit shall be refunded.

(Ord. 137 § 2 (part), 2000)

A. Indemnity. On each application, the applicant shall sign a statement that he/she agrees to indemnify, protect, defend, and save harmless the City and each officer, employee, and agent thereof, from any liability or responsibility for any accident, loss, or damage to persons or property happening or occurring as a proximate result of his/her negligence or the negligence of his/her agents, servants, employees, or contractors in the design or performance of any work undertaken under any permit granted pursuant to the application.

B. Insurance. The City Engineer may require permit applicants to file a certificate of insurance demonstrating appropriate insurance coverage for the types of loss set forth above.

C. License. The City Engineer may require the applicant to provide his or her contractors license information on the application.

D. Workman's Compensation. The City Engineer may require the applicant to provide Workman's Compensation information on the application.

(Ord. 137 § 2 (part), 2000)