Contra Costa County Municipal Code Ch. 1010-8 Permits

The written permits required by this division shall be issued by the enforcing officer for any lawful use, subject to conditions set forth in this division, the permit and as required by law. The terms of the permit shall require the property owner and permittee to be responsible for all work done and to hold harmless and defend the county, district and their officers, employees and agents against any damage claims. The issuance of a permit shall in no manner whatsoever imply or impute a responsibility or liability to the county, the Contra Costa County Flood Control and Water Conservation District, or their officers, employees or agents, for injuries resulting from any act or condition regulated by this division.

(Ord. 89-27: prior code § 1010-4.002: Ord. 72-90: prior code § 7620: Ord. 1447).

(a) The enforcing officer shall prescribe and provide a standard form of application for a permit required by this division and such application, when duly executed and signed by the enforcing officer, shall become the permit.

(b) The application form shall state the property owner's and permittee's name, if different, together with such details as in the opinion of the enforcing officer are necessary to establish the purpose of the act or work to be performed, the location, dimensions, estimated total cost, and the dates for commencement and for completion of the act or work, except that at the enforcing officer's discretion a completion date may be specified.

(c) To be complete, the application shall be executed by the property owner or the owner's duly appointed agent, be accompanied with the required fee or fees, and deposited with the enforcing officer.

(Ord. 89-27: prior code § 10104.004: Ord. 72-90: prior code § 7621: Ord. 1447).

The applicant shall enclose with, include, attach or add to the application for a permit a map, plat, sketch, diagram or similar exhibit of a size and in such quantity as the enforcing officer may prescribe, on which exhibit shall be plainly shown any and all information of a technical or engineering nature necessary to locate, delineate, illustrate, identify, justify and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The enforcing officer may require to be submitted such soil investigation, tests of materials, environmental documents, engineering plans and investigations, technical reports and other permits, as the officer deems necessary and proper. If necessary, changes, corrections and notes may be made on any such exhibit and/or conditions inserted on the permit and these items shall become an integral part of the permit when attested to by the enforcing officer.

(Ord. 89-27: prior code § 1010-4.006: Ord. 72-90: prior code § 7622: Ord. 1447).

(a) The applicant shall enclose with, attach or add to the application for a permit the written consent and waiver of liability given by any and all persons or bodies politic having jurisdiction or any interest in the property where work is to be performed, who of themselves or their property would be affected in any manner by the acts or works to be performed.

(b) The granting of a permit pursuant to this division shall not be construed as permission or license to enter on, occupy or otherwise utilize private or noncounty property without the expressed consent of the owner or agent in possession thereof.

(Ord. 89-27: prior code § 1010-4.008: Ord. 72-90: prior code § 7623: Ord. 1447).

Written permits required by this division shall be one of the following types, depending on the decision of the enforcing officer:

(1) "Regular permits" to do work under the provisions of this division shall be issued for the performance of those acts or works permitted by this division.

(2) "Conditional permits" shall be issued when such conditions or circumstances exist or will foreseeably occur which could in any manner be adverse to the performance of the acts or works or be adverse to the purpose for which the acts or works are to be performed. Such conditions or circumstances shall be specifically set forth upon the application for permit or shall be attached thereto and shall be considered incorporated in the permit.

(3) "Emergency permits" shall be issued for reasons necessitating emergency action as set out in Section 1010-2.008.

(Ord. 89-27: prior code 1010-4.010: Ord. 72-90: prior code § 76-24: Ord. 1447).

The permittee shall begin the act or work authorized by a permit issued pursuant to this division within thirty calendar days from date of issuance, unless another date is specifically indicated in the permit. The permittee shall notify the enforcing officer at least two working days prior to beginning work. Should the act or work not be commenced on or before the date indicated in the permit, the permit shall become void unless, prior to the date of expiration, the permittee presents good and sufficient reason for any extension of time and the date is extended by the enforcing officer in writing. A permit which has become void by reason of noncommencement of work prior to the stipulated date may be renewed at the discretion of the enforcing officer and upon payment of a renewal fee as provided for in the schedule of fees adopted by the board of supervisors.

(Ord. 89-27: prior code 1010-4.012: Ord. 72-90: prior code § 7625: Ord. 1447).

(a) The permittee shall complete the act or work authorized by a permit issued pursuant to this division within the time and before the date stipulated in the permit. The permittee shall notify the enforcing officer in writing upon completion of any act or work, and no work shall be deemed to have been completed until such written notification has been received and a final inspection of the work has been made by a representative of the enforcing officer, unless such inspection is waived in writing by the enforcing officer. No permittee shall be deemed to have complied with this division until such inspection has been performed and the enforcing officer is satisfied that everything required to be done has been completed.

(b) Any work or act performed without a permit or not covered by an issued permit may be acknowledged as complete by the enforcing officer; provided, that such work or act complies with the requirements of this division and is otherwise acceptable to the enforcing officer; and provided, that all permit fees are paid. In the event the work or act is unacceptable and does not comply with the requirements of this division or code, the enforcing officer may exercise any available remedies, including without limitation the procedure prescribed in Chapter 1010-10.

(Ord. 89-27: prior code § 1010-4.014: Ord. 72-90: prior code § 7626: Ord. 1447).

Prior to the issuance of a permit the applicant shall deposit with the enforcing officer cash or check for payment to the county treasurer in an amount deemed adequate by the enforcing officer but not exceeding the estimated total cost, including all labor and materials, of the work to be performed; except that such deposit may be waived by the enforcing officer. In lieu of a cash deposit, the applicant may file an approved surety bond issued by a company or corporation authorized to engage in general surety business in the state of California or an acceptable instrument of credit meeting subdivision security standards. The conditions of any cash deposit or surety bond made pursuant to this section shall be that the permittee will diligently and in good faith comply with all provisions of this division, with all terms and conditions contained in the issued permit, and will pursue the work to completion without undue delay except for reasonable cause. Upon satisfactory and acceptable completion of the work as set forth in Section 1010-8.014, the cash deposit shall be refunded to the permittee, the permittee shall be exonerated from the surety bond or the instrument of credit released by the enforcing officer in writing upon the expiration of ninety days. The enforcing officer shall not be responsible to ascertain whether there exist unsatisfied liens against the premises upon which the work was performed.

(Ord. 89-27: prior code 1010-6.002: Ord. 72-90: prior code § 7631: Ord. 1447).

In addition to the other requirements of this division, satisfactory proof by certificate of insurance is required that the permittee has in force a valid public liability insurance policy which includes the county, the Contra Costa County flood control and water conservation district, their officers, employees and agents as additional insureds. Unless such insurance coverage is waived by the enforcing officer, it shall be in an amount the officer deems sufficient to adequately protect the additional insureds from liability for damages to person(s) or property(s) arising from the activities related to the permit.

(Ord. 89-27).

No changes shall be made in the location, dimensions, materials or character of the work authorized in a permit, except upon written authorization to do so by the enforcing officer.

(Ord. 89-27: prior code § 1010-4.018: Ord. 72-90: prior code § 7628: Ord. 1447).

A permit issued pursuant to this division shall not be transferable by, for, or on behalf of the permittee, the permittee's heirs, assigns or successors.

(Ord. No. 2024-23, § III(Exh. A), 12-3-24; Ord. 89-27: prior code § 1010-4.020: Ord. 72-90: prior code § 7629: Ord. 1447).

(a) If the enforcing officer determines that the performance of the work described in a permit is unsatisfactory or unacceptable, or both, the permittee shall reconstruct the work to the satisfaction of the enforcing officer.

(b) If the enforcing officer determines that delay in pursuit or completion of the act or work is due to lack of diligence or wilful act on the part of the permittee, or that the work is unsatisfactory or unacceptable, or both, if essential to the health, safety or welfare of the public, the enforcing officer may request the board of supervisors for authorization to perform or contract with any licensed general contractor to complete, erect, install, reconstruct or alter all structures or work in conformance with the permit, or to remove all structures and obliterate all work not completed. The costs (including administrative and overhead expenses) incurred thereby shall be repaid to the county from the cash, instrument of credit or surety bond deposited by the permittee with the county for the performance of the work; provided, that any and all costs incurred by the county which exceed the cash deposit, instrument of credit or surety bond's penalty sum shall be paid by the permittee to the county.

(Ord. 89-27, 85-13 § 2: prior code § 7627: Ord. 1447).