Irwindale Municipal Code Ch. 12.04 Street Construction

A. The provisions of this chapter apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, or other appurtenant highway structures.

B. This chapter also applies to permits for the constructing, reconstructing, or repairing by any private person of any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel.

(Ord. 91 § 1(j) (part), 1960: prior code § 7100).

A. No person shall construct, reconstruct, or repair any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel without first obtaining a permit from the city engineer to do so. This section shall not apply to such installation or work by the state or any political subdivision thereof.

B. On each application the applicant shall sign a statement that he agrees to preserve and save harmless the city and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to person or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application.

C. The city engineer shall not issue any permit until all issuance fees have been paid in accordance with the provisions of this chapter, or as may have been determined by resolution of the city council.

D. The city engineer shall require a bond, letter of credit or other security instrument for all permits issued pursuant to this chapter. Said bond shall be in an amount deemed adequate by the city engineer based on the cost of construction, repair, removal or other reasonable factors.

(Ord. 91 § 1(j) (part), 1960: prior code § 7101).

(Ord. No. 643, § 2, 8-11-10)

An applicant for a permit shall state in his application:

A. The location, nature, and extent of the work to be performed, including, if the work relates to highway lighting, plans and specifications;

B. The materials to be used; and

C. Such other information as the city engineer may require.

(Ord. 91 § 1(j)(part), 1960: prior code § 7102).

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

(Ord. 91 § 1(j)(part), 1960: prior code § 7103).

A. An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee, or engineering and inspection fee as follows: An amount estimated by the city engineer to be equal to twice the actual cost of all necessary engineering and inspection.

B. An applicant for a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock shall, in addition to the issuance fee, pay an engineering and/or inspection fee as follows:

1. For each residential driveway, as established by resolution of the city council of the city; and

2. For each commercial driveway, as established by resolution of the city council of the city.

(Ord. 523 § 8, 1998; Ord. 91 § 1(j)(part), 1960: prior code § 7104).

A. The engineering and inspection costs provided for in subdivisions 1 and 2 of subsection B of Section 12.04.050 shall be presumed to be the actual cost. A refund shall not be made to any applicant unless the inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned, or, if the driveway or driveways were not constructed by the permittee, the applicant may apply for a refund of the unused fees less a charge of one dollar fifty cents on the permit for final inspection charges. Where the deposit has been made under subsection A of Section 12.04.050, the city engineer shall deduct from the deposit the amount of the issuance fee and the actual cost to the city of the required engineering and inspection. If such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys.

B. If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the excess to the city. If he does not so pay within fifteen days, the city may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued.

(Ord. 91 § 1(j)(part), 1960: prior code § 7105).

The city engineer shall issue, without pay inspection fee or deposit therefor, a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the city engineer that:

A. The distance from the curbline to the property line does not exceed ten feet;

B. There is no space between the sidewalk and the curb;

C. The distance from the inside of the sidewalk and the property line does not exceed five feet; and

D. The driveway will be inspected by a competent governmental agency other than an agency of the city, and such governmental agency will furnish a certificate to the effect that portion of the driveway installed in the public right-of-way was inspected and complies with minimum standards required by the city.

(Ord. 91 § 1(j) (part), 1960: prior code § 7106).

If an applicant receives a permit pursuant to the provisions of Section 12.04.070 and the governmental agency referred to in subsection D of that section fails to make the inspection or fails to file the certificate there provided for within four months of the issuance of the permit, the city engineer may himself inspect the driveway, in which case the applicant shall pay to the city engineer the actual cost of such inspection.

(Ord. 91 § 1(j) (part), 1960: prior code § 7107).

The city engineer shall not charge any engineering or inspection fee for a permit to construct curbs, walks, gutters, or highway surfaces.

(Ord. 91 § 1(j) (part) 1960: prior code § 7108).

When a permit has been revoked by the city engineer, the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded.

(Ord. 91 § 1(j) (part), 1960: prior code § 7109).

If so required by the city engineer, the permittee shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree, or shrub, where such relocation is made necessary by the proposed work for which a permit is issued. The city engineer may elect himself to do the necessary relocation. In that case the permittee shall deposit with the city engineer a sum of money estimated by him to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.04.060.

(Ord. 91 § 1(j) (part), 1960: prior code § 7110).

A. When a completed application for a permit, issued pursuant to this chapter, is submitted to the city by a franchise holder, the application shall be approved or denied by the city engineer, or his or her designee, within sixty days of the date of receipt.

B. An application for a permit sought pursuant to this chapter shall not be complete until the applicant has complied with all requirements, including any analysis required under the California Environmental Quality Act, and has paid the required fee as established by a resolution of the city council.

C. If the applicant complies with every provision of this chapter and with all applicable provisions of this code, the city engineer may issue to the applicant a written permit to perform the work set forth in the application.

D. Any permit shall be subject to any reasonable conditions or limitations imposed thereon to assure the elimination or avoidance of adverse effects.

E. In the event the city engineer denies an application for a permit, the director shall notify the applicant of the denial and furnish to the applicant a detailed explanation of the reason(s) for the denial.

(Ord. No. 643, § 3, 8-11-10)

Editor's note— Ord. No. 643, § 3, adopted August 11, 2010, repealed the former § 12.04.120, and enacted a new § 12.04.120 as set out herein. The former § 12.04.120 pertained to similar subject matter [or X] and derived from prior code § 7111 and Ord. No. 91, 1960.

In the event that an applicant wishes to appeal the city engineer's decision to deny an application or revoke a permit issued pursuant to this chapter, the decision may be appealed to the city council. An appeal shall be filed by submitting to the city clerk, within fifteen days from the city engineer's notification of a decision on the application, a notice of appeal stating the grounds for the appeal along with a filing fee in an amount established by resolution of the city council. If the fifteenth day falls on a weekend or legal holiday recognized by the city, the final appeal day shall be the next regular business day of the city. Within thirty days of the receipt of a timely appeal, the city clerk shall agendize a city council hearing to consider the appeal.

(Ord. No. 643, § 3, 8-11-10)

Editor's note— Ord. No. 643, § 3, adopted August 11, 2010, repealed the former § 12.04.130, and enacted a new § 12.04.130 as set out herein. The former § 12.04.130 pertained to permit—application to city council when denied issuance for highway lighting and derived from prior code § 7112 and Ord. No. 91, 1960.

Every permittee shall commence the proposed work within sixty days after the granting of the permit, and thereafter prosecute the work in a diligent and workmanlike manner to completion.

(Ord. 91 § 1(j) (part), 1960: prior code § 7113).

A. Unless in his opinion a good and sufficient reason exists for the delay, the city engineer may revoke a permit unless work thereunder is commenced within sixty days of the date of issuance.

B. The city engineer may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work authorized by the permits, or such portions thereof, is included in the proposed work to be done by an existing assessment district, or by any proposed assessment district, concerning the information of which the debt limit report required by law has been filed.

(Ord. 91 § 1(j) (part) 1960: prior code §§ 7114, 7115).

Not less than eighteen hours before the commencement of any work covered by this chapter, the permittee shall apply in writing to the city engineer for an inspector therefor. In such application he shall specify the day and hour when, and the location at which, the work will be commenced.

(Ord. 91 § 1(j) (part), 1960: prior code § 7119).

Before a permittee performs any work covered by this chapter, he shall obtain from the city engineer the lines and grades therefor.

(Ord. 91 § 1(j) (part), 1960: prior code § 7116).

The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the city engineer.

(Ord. 91 § 1(j) (part), 1960: prior code § 7117).

If any stakes set for any work covered by this chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the city engineer to be sufficient to pay the cost of setting such additional stakes. The city engineer shall set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 12.04.060.

(Ord. 91 § 1(j) (part), 1960: prior code § 7118).

A permittee shall place and maintain at each end of the work, not more than fifty feet apart along the side thereof, unless otherwise directed by the city engineer, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the city engineer.

(Ord. 91 § 1 (j) (part), 1960: prior code § 7120).

Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the city engineer in writing.

(Ord. 91 § 1(j) (part), 1960: prior code § 7121).

If the city engineer by survey or by inspection or both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all of the provisions of this chapter, he shall issue, if requested to do so by the permittee, a certificate of acceptance which shall contain a statement of the location, nature, and extent of the work performed under the permit.

(Ord. 91 § 1(j) (part), 1960: prior code § 7122).

No person shall perform any work covered by this chapter in an amount greater than, or in any way different from, or contrary to the terms of any permit issued therefor.

(Ord. 91 § 1(j) (part), 1960: prior code § 7123).

A permittee shall removal all material and debris:

A. Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit; and

B. In all other cases, within three days.

(Ord. 91 § 1(j) (part), 1960: prior code § 7124).

Every light and highway lighting system installed or constructed in any highway or private thoroughfare, which is open to public travel, and excavation or backfill therefor shall be made to conform in workmanship and material and manner of construction, with those certain specifications of the county designated as "Standard Specification for the Construction of Street Lighting Systems and Appurtenances Thereto in the County of Los Angeles, California" as approved by the board of supervisors of the county as the same shall exist at the effective date of the ordinance codified in this chapter.

(Ord. 91 § 1(j) (part), 1960: prior code § 7125).

If any person offers to dedicate as a street any land upon which any highway light or highway lighting system has been installed, the city clerk, before presenting such offer to the city council, shall refer such offer to the city engineer for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this chapter as the specifications adopted by this chapter.

(Ord. 91 § 1(j) (part), 1960: prior code § 7126).

A. Upon reference to him, the city engineer shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof, and his report in writing to the city council as to whether such light or lighting system complies with the provisions of Section 12.04.260. If such light or lighting system does not comply, he shall report what changes or alterations are necessary to put such light or lighting system in conformance therewith.

B. If such lights or lighting system does not conform, the city council shall not accept such offer of dedication unless and until such light or lighting system has been made to conform to the provisions of Section 12.04.260.

(Ord. 91 § 1(j) (part), 1960: prior code § 7127).