Covina Municipal Code Art. II Application for Permit – Permit Issuance – Fees and Costs – Permit Denial…

Application for a permit shall be made in writing to the director, on the forms provided by the director. The director may make such reasonable changes or additions to any application as are necessary to implement the provisions of this chapter.

(Ord. 10-1987 § 2, 2010)

An applicant for a permit shall state in the application: name, address, and such other information as is required by this chapter or by the director as he may reasonably require to determine compliance with this chapter.

(Ord. 10-1987 § 2, 2010)

A. On each application the applicant or his agent shall sign a statement agreeing to indemnify, defend and hold harmless the city and each officer, official, agent and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of the applicant's activities pursuant to the permit applied for.

B. Every application shall also contain a statement, signed by the applicant or his agent, that if any facility or encroachment placed in the excavation or the facility or encroachment for which a permit is issued interferes with the future use of the highway by the general public, then the applicant and his successors or assigns will at his own expense remove or relocate to a location satisfactory to the director such facility or encroachment. The statement signed by the applicant will not apply in cases when the applicant has an easement superior to the highway easement at the time of application and can furnish evidence when required of such superior easement.

(Ord. 10-1987 § 2, 2010)

A. If, in the opinion of the director, the work proposed to be done requires the making of plans or the setting of stakes, or both, the director may require the application be accompanied by the necessary plans, which plans shall be prepared by a licensed or certified engineer.

B. Each applicant for an excavation or encroachment permit shall file with the application a plat showing the highways in which the proposed excavation, facility or encroachment will be placed, together with the exact location and dimensions of the proposed excavations, or the specifications and characteristics of the facility or encroachment, together with any other details which the director reasonably requires. When excavations are made for service connections or for the location of trouble in conduits, cable or pipe, or for making repairs thereto, the director may waive the filing of a plat. Approved plats shall become public records.

C. Each applicant for a permit to abandon in place or remove any facility or encroachment in the highway shall do so under the terms and conditions prescribed by the director. The permit application shall include a plat or other suitable means describing the facility or encroachment to be abandoned or removed, and indicating its exact location.

(Ord. 10-1987 § 2, 2010)

The director may require evidence to be submitted with the application that any proposed overhead structure or encroachment will not create a hazard of any kind to persons or property.

(Ord. 10-1987 § 2, 2010)

A. If the applicant complies with every applicable provision of this chapter and any other applicable ordinances and statutes, the director shall issue to the applicant a written permit to perform the work set forth in the application, unless the director finds that issuance of the permit will constitute a hazard to public health, safety or welfare.

B. The director may deny a permit when the work authorized by the permit or such portions thereof is included in the proposed work to be done by any proposed assessment district for which proceedings have been initiated by the city council.

C. The director may revoke a permit if the activity therein permitted is not commenced within the time specified in the permit, unless said date is extended by the director.

D. The director may revoke a permit if the permittee fails to comply with any applicable provisions of this chapter or the conditions established for the permit.

E. The director shall notify a permittee of the director's decision to deny or revoke a permit and the reason for the denial or revocation. The notice shall be provided to the permittee by personal service, by first class mail or by facsimile machine to the address or facsimile number provided on the permit on file with the public works department. Notices made pursuant to this subsection shall be deemed served and effective upon the date the notice is provided in person or by facsimile machine, or two calendar days after sending by first class mail.

F. Upon any permit revocation, the permittee shall immediately restore the highway to the director's satisfaction. If the permittee fails to do so, the director may restore the highway at the expense of the permittee or charge the costs against any security posted by the permittee with the city.

(Ord. 10-1987 § 2, 2010)

The decision of the director may be appealed as provided in Chapter 11.54 CMC.

(Ord. 10-1987 § 2, 2010)

Each permit shall specify the time the permit shall expire and the permit shall become null and void on the date so specified unless the director extends the time. The director may extend the time if in his opinion the work for which the permit was issued was delayed in completion because of inclement weather, strikes, an act of God, or other causes not within the control of the permittee.

(Ord. 10-1987 § 2, 2010)

Blanket permits, renewable annually, may be issued for multiple activities or work subject to the compliance with all applicable provisions of this chapter. The issuance of a blanket permit does not relieve the permittee from making such reports of activity under the blanket permit as may be required by the director and for paying for inspection, repairs and other costs incurred by the director due to the permittee's activities.

(Ord. 10-1987 § 2, 2010)

Permits issued under this chapter are nontransferable to other persons, projects or locations.

(Ord. 10-1987 § 2, 2010)

A. All persons, except as otherwise specified in this chapter, shall pay an issuance fee prior to receipt of a permit. The issuance fee shall be established from time to time by resolution of the city council. The following shall be exempt from paying the issuance fee: the United States, the state of California, all departments of the city, and all departments of the county of Los Angeles.

B. The director may waive the permit issuance fee if the director finds that the work is to be done under contract with the city in connection with proposed public works.

C. At the request of a permittee who maintains with the director adequate security, as provided in this chapter, and to whom 10 or more permits have been issued monthly for three consecutive months, the director may waive the requirement for prepayment of issuance fees, and bill said permittee for issuance fees covering permits issued subsequent to such request. The director may revoke such billing arrangements at any time.

(Ord. 10-1987 § 2, 2010)

A. Unit fees for highway permit inspection costs shall be established from time to time by resolution of the city council and shall be payable prior to issuance of a permit. If no such unit fees are set by resolution, the unit fees shall be based upon the estimated cost for such inspection.

B. The director may issue a permit without any highway permit inspection fee if the permittee furnishes evidence to the director that a qualified governmental agency inspector outside the city will inspect the work and ensure that the work will comply with minimum standards required by this chapter.

C. If the governmental agency inspector fails to make the inspection pursuant to subsection (B) of this section or fails to file evidence as required with the city, the director may inspect the work and the permittee shall pay the actual cost for such inspection.

(Ord. 10-1987 § 2, 2010)

The permittee shall also be liable for and shall pay for all the director's costs related to the following:

A. Engineering, which includes design, survey and tests;

B. The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before being cut or damaged as a result of the permittee's activities;

C. The cost of furnishing and/or maintaining any lights, barricades or warning devices;

D. The cost of alteration, removal, replacement and/or repair to traffic signals and devices, the removal of temporary and/or permanent traffic striping and markings, and any other expenses for traffic control;

E. The cost of removing or remedying any hazardous condition;

F. The cost of tree trimming;

G. Any other costs to the city caused by the permittee's activity.

(Ord. 10-1987 § 2, 2010)

Whenever in the provisions of this chapter any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation, in accordance with current practices in charging for work performed for the public.

(Ord. 10-1987 § 2, 2010)

A. The director shall bill the permittee for all fees and costs chargeable under this chapter.

B. If, within 30 calendar days after a bill has been sent, the permittee does not pay same in full, such amount may be deducted from any deposit or security made by the permittee pursuant to CMC § 11.08.220 through 11.08.240. If the deposit or security is insufficient to pay the amount due, the city may pursue collection of the remaining amount due by all means at law or equity.

C. The director may deny issuance of further permits to the permittee and may hold any deposits or security of the permittee as long as any bill remains unpaid by the permittee.

(Ord. 10-1987 § 2, 2010)