Fontana Municipal Code Div. 1 Generally

If, at any time during the progress of any work performed under any permit issued in accordance with the provisions of this article, the work is not being done in accordance with the terms and conditions set forth in this article or in accordance with the rules and regulations relating thereto and adopted by the city council for the protection of the health, safety and welfare of persons and property using the public streets of the city, or if the work is being done without a valid existing permit therefor, the street superintendent is authorized to immediately stop any and all such work and to require the work to be done properly and in accordance with all the provisions of this article, and, if a person responsible therefor shall fail or refuse to immediately correct the work, the street superintendent shall be and is hereby empowered and authorized to stop the work permanently or to take over under such circumstances and either proceed to do the work or have the work done by qualified persons, all at the cost and expense of the party responsible.

(Ord. No. 997, § 2(27-13.2), 12-18-90)

Inasmuch as the work intended to be done under the provisions of this article is to be done upon public streets and highways and thereby may endanger the safety, welfare and health of persons and property thereupon, the city council shall adopt from time to time by resolution pertinent rules and regulations relating to such work, and such work done under any permit so issued or work done after notice given or otherwise as provided in this article shall be done in accordance with any and all such rules and regulations relating thereto. Copies of all such rules and regulations shall be on file with the street superintendent, and a copy shall be delivered with any and all such permits upon request, and there shall be included in any and all such regulations a schedule of filing fees and other fees and charges for items mentioned in this article.

(Ord. No. 997, § 2(27-13.3), 12-18-90)

(a) Any person who shall violate any of the provisions of this article or who shall maintain, place or attempt to place upon any public street, road or highway within the city any of the things, structures or contrivances set forth in this article without first having obtained a written permit so to do from the street superintendent shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished as provided in section 1-7.

(b) The punishment for violation of the provisions of this article shall be cumulative and in addition to any other remedies set up in this article, and the enforcement of the penal provisions of this section shall not constitute a bar to the exercise by the city of all other powers conferred upon it by this article; nor shall the exercise by the city of the powers conferred upon it by this article constitute a bar to criminal prosecution for violations of the provisions of this article.

(Ord. No. 997, § 2(27-13.4), 12-18-90)

The person responsible for any work performed under the provisions of this article shall be licensed in accordance with the provisions of Business and Professions Code ch. 9., div. 3 (§ 7000 et seq.), for the type or kind of work being performed.

(Code 1968, § 27-13(a))

The permittee shall commence the work authorized by the permit issued in accordance with this article within 60 days from the date of issuance, unless a different period is stated in the permit. If the work is not commenced within 60 days or within the date stated in the permit, the permit shall become void unless, prior to the expiration of the time for commencement, the date for commencement has been extended in writing by the director of public works. The permittee shall complete the work authorized by the permit before the expiration date shown on the permit unless this expiration date has been extended in writing by the director. If the permittee commences work and fails to complete the work before the expiration date, the director may cancel the permit and restore the right-of-way to its former condition or complete the work. All costs incurred by the director in restoring the right-of-way or completing the work shall be deducted from the deposit or bond, if any, filed with the city by the applicant for the permit.

(Code 1968, § 27-13(b))

(a) If the estimated cost of the construction of any work to be done under the provisions of this article, as determined by the director of public works, is in excess of $300.00, the applicant shall deposit with the city treasurer cash, certified check or cashier's check, in an amount to be fixed by the director, sufficient to reimburse the city for the cost of performing the work should the applicant fail to complete the work.

(b) In lieu of the deposit described in subsection (a) of this section, the applicant may file with the city an approved surety bond issued by a company authorized to do a general surety business in the state. In lieu of a deposit or surety bond for a specific permit, the applicant may, upon approval of the director, annually file with the city an approved surety bond as provided in this subsection, in an amount to be determined by the director, sufficient to reimburse the city for the cost of performing any and all work described in permits issued to the applicant should the applicant fail to complete the work described in those permits. The director may limit the amount of work to be performed at any one time by an applicant, or require an additional bond.

(c) The city treasurer is authorized to refund the unused amount of any cash, certified check or cashier's check filed as a deposit with the city upon notice from the director that the work has been completed or that the permit has been cancelled.

(Code 1968, § 27-13(d))

The person performing work under the provisions of this article shall cause all work to be inspected by the inspector and shall notify him at least 24 hours before the time set for such inspection. Work completed without giving such notice or request for inspection will not be acceptable, and work done during the absence of the inspector shall be subject to rejection. All work performed under this article shall be in conformance with applicable plans, details and specifications of the city and shall be done to the satisfaction and under the supervision of the director of public works.

(Code 1968, § 27-13(e))

All excess earth, debris, form lumber, waste material or construction material not a part of the completed work shall be removed from the right-of-way by the person performing work under the provisions of this article within three days after the completion of the work.

(Code 1968, § 27-13(f))

After the work described in the permit issued pursuant to this article and any authorized changes thereof has been completed to the satisfaction of the director of public works, he shall issue to the applicant a notice of acceptance stating that the work has been completed in an acceptable manner.

(Code 1968, § 27-13(g))

On all street openings and public facility improvement projects necessitated by private property development which require the undergrounding, removal or relocation of utility facilities such as, but not limited to, electric, gas, sewer, water, storm drain, cable television or telephone lines, the land developer or owner shall, at its sole cost and expense, acquire such easements and shall make all other necessary arrangements for the installation of utility facilities with the serving utilities. Evidence of such acquired easements and completed arrangements shall be presented by the land developer or owner to the city engineer prior to the final approval of the development construction plan(s) or the issuance of any related permit to construct. The provisions of this section shall not apply to residential development consisting of four lots or less which are not a part of a larger subdivision. The land developer or owner shall comply with the provisions of this section 25-130 and article III of chapter 27 of this Code to the extent such provisions are applicable.

(Code 1968, § 27-13.1; Ord. No. 1177, § 1, 2-6-96)

Whenever the street superintendent shall determine that it is reasonable and necessary that any property located in, upon or under any public street, public place or sidewalk in the city, which property is owned, maintained or controlled by any person, be temporarily or permanently disconnected or removed from any public street or other public place in order that the city or other governmental agency or instrumentality within its governmental authority may most economically under modern engineering and construction methods install, construct, build, erect, remodel, remove or change any public improvements or works in, on, over, under or along any public street or public place within the city, the street superintendent shall give written notice to the person owning, maintaining or controlling such property, by mail, post paid, to the last known address, to temporarily or permanently move, relocate or disconnect the property as may be deemed necessary. Such notice shall identify and designate the property to be so moved, relocated or temporarily disconnected and shall designate the new location, if deemed necessary, to which any such property may be moved or relocated.

(Code 1968, § 27-14)

(a) It shall be the duty of any such person, within ten days from the date of mailing of such notice sent pursuant to section 25-131, to commence the removal, relocating or disconnecting of such property and thereafter to prosecute such work diligently to completion.

(b) The street superintendent shall have the power to move, relocate or temporarily disconnect any property located in, upon, over or under any public street or public place in the city owned, maintained or controlled by any person if such person shall neglect, fail or refuse, within ten days after the date of mailing of the notice, to begin the work of moving, relocating or disconnecting the property or shall fail to prosecute such work diligently to completion. The cost necessarily incurred in doing such work by the street superintendent may be recovered by the city from the person owning, maintaining or controlling the property.

(Code 1968, § 27-15)