Diamond Bar Municipal Code Div. 2 Administration, Permits and Fees

Footnotes:

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Cross reference— Administration and personnel, tit. 2; business licenses and regulations, tit. 5.

If it appears from the application for any permit required by this chapter that the work to be performed thereunder is to be done according to the provisions of this division, the city engineer, upon receipt of the fees required in this division, shall issue such permit.

(Ord. No. 14(1989), § 2(20.28.010), 6-27-89)

(a) Records required; disposition of funds. The city engineer shall keep in proper books a permanent and accurate account of all fees received under this chapter, giving the names and addresses of the persons on whose accounts the same were paid, the date and amount thereof, and the number of permits granted, if any, which books shall be open to public inspection. The city engineer shall pay all fees received by him into the city treasury and take the treasurer's receipt therefor.

(b) Estimated valuation procedures. Whenever the fees required by this chapter are based on valuations, the city engineer shall determine the estimated valuation in all cases, and for such purposes he shall be guided by approved estimating practices.

(c) County work exempt; exception. Neither the county nor any public officer or body acting in his official capacity on behalf of this county shall be required by this chapter to pay or deposit any fee. This section does not apply where a public officer is acting with reference to private assets which have come under his jurisdiction by virtue of his office.

(d) Reimbursement; procedures for awarding contracts. The city engineer may recommend that the city council, by the adoption of a resolution or the approval of an agreement, authorize reimbursement to a subdivider, school district, special assessment district or person, either by direct payment or deferred reimbursement, for a portion of the cost of constructing sanitary sewers for public use where such sewers can or will be used by areas outside of the area for which the sewers are being installed; such authorization action shall conform with the requirements of the applicable state laws, shall include the establishment of a reimbursement district and collection rates to be applied, and shall provide that notice be published inviting sealed bids on the work proposed and that the bids be publicly opened. The procedure for the receipt of bids and the award of contract for work to be done by a special assessment district or any public agency directly controlled by state law shall be as required by the particular laws applicable; for all other projects, the city engineer shall receive and analyze the bids, and authorize the principals involved to award the contract to the lowest responsible bidder. If the low bid received exceeds the engineer's estimate by more than ten percent, the city engineer shall notify the principals involved of the increase over the estimated cost. If the principals involved and the city engineer agree, the contract may be awarded to the lowest responsible bidder, otherwise all bids shall be rejected and the proposal readvertised for new bids.

(Ord. No. 14(1989), § 2(20.28.020—20.28.050), 6-27-89)

When it appears to the satisfaction of the city engineer that all work done under the permit has been constructed according to and meets the requirements of all the applicable provisions of this chapter, and that all fees have been paid, the city engineer, if requested, shall cause to be issued to the permittee constructing such work a certificate of final inspection. The certificate shall recite that such work as is covered by the permit has been constructed according to this chapter, and that the work is in an approved condition.

(Ord. No. 14(1989), § 2(20.28.060), 6-27-89)

(a) If any person shall have paid a fee as required under the sections set forth in this section and no work or processing has been done on these functions by the city engineer and the project has been formally abandoned or cancelled, such person, upon presentation to the city engineer of a request in writing on special provided forms shall be entitled to a refund in an amount to 80 percent of the fee actually paid:

(b) If the city engineer has commenced any plan checking or other work for which a fee was paid, or the contractor has commenced work on the construction, no portion of the fee shall be refunded.

(c) Refund requests must be submitted within a one-year period after the date the fee was paid.

(d) The city engineer shall satisfy himself as to the right of such person to a refund, and each refund shall be paid as provided by law for the payment of claims against the city.

(Ord. No. 14(1989), § 2(20.28.070), 6-27-89)

The city engineer may perform educational work, and may cooperate with civic organizations, industries, water companies and public agencies whenever, in the opinion of the city engineer, such work and cooperation is essential to the development of standards or procedures which will prevent creation of a public nuisance, or menace to the public health or safety, or pollution of underground or surface waters.

(Ord. No. 14(1989), § 2(20.28.080), 6-27-89)

The city engineer may contact, confer, and negotiate with officials of any public agency and may recommend to the city council a contract by which the city and one or more public agencies may jointly exercise any powers pertinent to the enforcement of the provisions of this chapter and any similar statute, ordinance, rule or regulation of such public agencies, common to all. The city engineer may enter into agreements with other public agencies for the purpose of control of industrial waste disposal and may in conjunction with such agencies issue joint permits for industrial waste disposal to satisfy the requirements of this chapter. The city engineer may also recommend to the city council a contract between the city and the county and/or any city within the county.

(Ord. No. 14(1989), § 2(20.28.090), 6-27-89)