Chula Vista Municipal Code Ch. 14.08 Permits Required

Sections:

• 14.08.010 Acts requiring permits designated. 14.08.020 Emergency work – Permit required when. 14.08.030 Issuance conditions – Liability. 14.08.040

Application for permit – Required when – Contents to include plans and specifications.

• 14.08.050 Fees – Payment generally.

• 14.08.090 Requirements for other permits preserved.

• 14.08.100 Issuance conditions – Authority of Director.

• 14.08.110 Period of validity – Extension of time – Renewal and reapplication.

• 14.08.120 Work to be completed when – Extension of time – Approval and inspection of work.

• 14.08.130 Changes in work – Authorization required.

• 14.08.140 Nontransferability.

• 14.08.150 Bond – Required when – Amount.

• 14.08.160 Bond – Instrument of credit or deposit accepted in lieu of when.

• 14.08.170 Bond or instrument of credit – Conditions required.

• 14.08.180 Bond or instrument of credit – Scope of obligation. 14.08.190 Bond or instrument of credit – Term of effectiveness.

• 14.08.200 Bond or instrument of credit – Effect of failure to complete work or comply with conditions.

• 14.08.210 Bond or instrument of credit – Effect of partial acceptance of work.

No person shall do or commit, or cause to be done or committed, any of the following described acts without first obtaining a written permit from the Director:

• A. Impair or impede the flow of water running in a watercourse;

• B. Deposit any material of any kind in a watercourse so as to obstruct it, or to impair or impede the flow of water therein;

• C. Alter the surface of land, by construction, excavation, embankment or otherwise, so as to reduce the capacity of a watercourse;

D. Construct, alter, repair or remove any flood control or storm water drainage structure, facility or channel of or in a watercourse;

• E. Construct or place any structure in, upon or across a watercourse;

• F. Plant any vegetation, other than grasses or annual crops, within a watercourse or on the banks thereof;

• G. Commit any act on or in any easement dedicated, granted or reserved for flood control or drainage purposes that will impair the use of such easement for such purposes. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.102).

CVMC 14.08.010 does not prohibit any person from performing emergency maintenance or work within, upon, over, under or through any watercourse, when such work is necessary and proper for the preservation of life or property and when an urgent necessity therefor has arisen; provided, that the person performing such emergency work applies for a written permit for such work within five calendar days after the commencement thereof, and complies with all the terms and conditions of the permit so issued. In any action at law or in equity between the City and the person doing the emergency work, the latter shall have the burden of proving that an emergency existed if such question be in issue. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.103).

Watercourse permits required by this title shall be issued by the Director, subject to such conditions as may be imposed pursuant to this title or as may be required by law. Neither the issuance of a permit, nor compliance with the conditions thereof or with the provisions of this title, shall relieve any person from any responsibility otherwise imposed by law for damage to persons or property, nor impose any liability on the City, its officers or employees for damage to persons or property. (Ord. 2597 § 4, 1994; Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.104).

A separate application for a permit shall be made for each act listed in CVMC 14.08.010; except, that only one application need be made for two or more such acts which are done on the same parcel or lot and which are part of a unified plan of development or improvement. Plans and specifications shall be submitted with each such application, unless waived by the Director for small and unimportant work. Such plans and specifications shall be prepared or approved and signed by a registered civil engineer, and shall show the following:

• A. The place where such construction, reconstruction, repair or alteration is to take place;

B. The type of construction proposed to be used in such construction, reconstruction, repair or alteration, or the type of obstruction or fill proposed to be used, together with materials to be used shown on the accompanying diagram of the proposed work, and such other information as the Department of Public Works may require to carry out the purposes of this title. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.105).

There shall be the fees set forth in the master fee schedule as presently designated, or as may be in the future amended, for permits authorized by this division. (Ord. 2466 § 9, 1991; Ord. 1809 § 1, 1978; Ord. 1032 § 1, 1967; prior code § 26.106).

A permit issued pursuant to this title does not relieve the permittee of the responsibility for securing the required permits for work to be done which is regulated by any other provision of this code, and City ordinance or state law. (Ord. 2597 § 5, 1994; Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.107).

After the applicant has paid the required fees and complied with all conditions precedent, the Director shall issue the permit, unless it appears to him that the work proposed would significantly restrict the carrying capacity of a watercourse or would create an unreasonable hazard of flood or inundation to persons or property; provided, however, that the Director shall issue the permit subject to conditions which shall be specifically set forth in the permit, if the Director determines that by doing so there would be created no such restriction of carrying capacity or unreasonable hazard. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.108).

The permittee shall begin the work authorized by the permit within 60 days from the date of issuance, unless a different date for commencement of work is set forth in the permit. Should the work not be commenced as specified herein, then the permit shall become void; provided, however, that if prior to or within 30 days after the date established for commencement of work the permittee makes written request to the Director for an extension of time, setting forth the reasons for the required extension, the Director may grant additional time if in his opinion such an extension is warranted. A permit which has become void by reason of noncommencement of work, and the fact that no extension for commencement has been granted, may be renewed at the discretion of the Director and upon payment of a renewal fee; if the Director does not consent to such renewal, a permit may be granted only upon the following of the procedures herein established for an original application. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.109).

The permittee shall complete the work authorized by the permit within 180 calendar days, unless some other time is specified in the permit; provided, that if he is unable to do so he may make written request to the Director for an extension of time to complete the work at any time prior to the date specified for completion, which request the Director shall grant if in his opinion such extension is warranted and would not create an unreasonable hazard of flood or inundation to persons or property. The permittee shall notify the Director in writing of completion of the work authorized, and no work shall be deemed to have been completed until approved in writing by the Director following such written notification. The Director may cause inspections of the work to be made periodically during the course thereof and may make a final inspection following the completion of work; the permittee shall cooperate with the Director in making such inspections. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.110).

No changes may be made in the location, dimensions, materials or character of the work authorized in a permit, except upon written authorization of the Director. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.111).

A permit issued pursuant to this title is not transferable from person to person, or from property to property, for any reason or in any manner whatsoever. (Ord. 2597 § 6, 1994; Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.112).

A permit shall not be issued where the value of the work is estimated by the Director to be $100,000 or more, unless the permittee first posts with the Director a bond executed by the permittee and a corporate surety authorized to do business in this state as a surety. The bond shall be in a form approved by the City Attorney and in an amount of 30 percent of the estimated cost of the work authorized by the permit, except that the Director may waive all or part of the amount to the extent that he determines that the hazard or danger created by the work does not justify the full amount. The bond shall include penalty provisions for failure to complete the work on schedule. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(A)).

In lieu of a surety bond, the applicant may file with the City a cash bond or an instrument of credit approved by the City Attorney in an amount equal to that which would be required for the surety bond. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(B)).

Every bond and instrument of credit shall include, and every cash deposit shall be made on, the conditions that the permittee shall:

• A. Comply with all applicable laws, ordinances and provisions of this code;

• B. Comply with all the terms and conditions of the permit, to the satisfaction of the Director; and

• C. Complete all work contemplated under the permit within the time limit therein specified, or if no time limit is therein specified, then within the time limit specified in this title. (Ord. 2597 § 7, 1994; Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(C)).

Each bond, instrument of credit and cash deposit shall be made on and subject to the condition that no change, extension of time, alteration or addition to the terms of the permit or to the work contemplated thereunder, or the plans and specifications submitted in connection with the same, shall in any wise affect the obligation of the surety on said bond, instrument of credit or cash deposit and, further, that the surety waives notice of any such change, extension of time, alteration or addition. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(D)).

Each bond and instrument of credit shall remain in effect until the completion of the work to the satisfaction of the Director. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(E)).

In the event of failure to complete the work, or failure to comply with all terms and conditions of the permit, the Director may order such work as in his opinion is necessary to eliminate any dangerous conditions and to leave the site in a safe condition, or may order that the work authorized by the permit be completed to a safe condition, to his satisfaction. The permittee, and the surety on the bond or the person issuing the instrument of credit or making the cash deposit, shall continue to be firmly bound under a continuing obligation for the payment of all necessary costs and expenses that may be incurred or expended by the City in causing any and all such work to be done. In case of a cash deposit, any unused portion thereof shall be refunded to the person posting the same, following completion of the work. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(F)).

If the permit so provides, there may be a partial acceptance of the work by the Director from time to time, and a concomitant partial release of the security. (Ord. 2466 § 9, 1991; Ord. 1032 § 1, 1967; prior code § 26.113(G)).