La Palma Municipal Code Art. III Construction and Repair

(a) Definitions. For purposes of this article, the following words and phrases shall have the following meanings respectively ascribed to them:

Driveway area means any approach to or from the street over and upon the gutter, curb, parking or sidewalk, to permit vehicular traffic into the abutting property.

Lot means a parcel of real property or any portion of a parcel of real property located within the City.

Maintain and repair includes, but is not limited to, maintenance and repair of surfaces including the grinding, removal and replacement of driveways or portions thereof, removal of weeds and/or debris, tree root pruning and installing root barriers, and the trimming of shrubs and/or ground cover.

(b) The owner of a lot adjacent to or fronting on any portion of a driveway area between the property line of the lot and the street line, and any person in possession of such a lot by virtue of any license, permit, agreement or right, shall maintain and repair the driveway area at his or her sole cost and expense. The driveway area shall be maintained in a safe condition that is not dangerous to property or to persons using the driveway area in a reasonable manner and that does not interfere with the public convenience in the use of any sidewalk area that crosses the driveway area.

(c) All maintenance and repair activities under this section shall conform to the requirements of this Code. Additionally, a person shall obtain all permits and/or approvals required by this Code or any other law or regulation prior to taking any action pursuant to this section for which a permit or other approval is required.

(d) Any person required to maintain and repair a driveway area pursuant to this section shall owe a duty to members of the public to keep and maintain such driveway area in a safe and non-dangerous condition. If, as a result of the failure to maintain and repair a driveway area in a non-dangerous condition as required by this section, any person suffers injury or damage to person or property, the property owner and/or possessor shall be liable to such person for the resulting damages or injury.

(e) When any portion of a driveway area is out of repair or pending reconstruction and in condition to endanger persons or property or in condition to interfere with the public convenience in the use any sidewalk that crosses the driveway area, the Community Services Director shall notify, in accordance with the provisions of Streets and Highways Code § 5600 et seq., the owner or person in possession of the property fronting on that driveway area to repair the driveway area. Failure to maintain and repair a driveway area in accordance with the requirements of this section is hereby declared to be a public nuisance and may be abated pursuant to Streets and Highways Code § 5600 et seq. This remedy is in addition to any other remedy provided by law, including the penalties applicable for violation of any provision of this Code.

(a) An applicant for a permit shall state in his or her application:

(1) The location, nature, and extent of the work to be performed;

(2) The materials to be used;

(3) Such other information, including plans and specifications as the City Engineer may require.

(b) On each application, the applicant shall sign a statement that he or she 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 persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application.

(Code 1975, § 22-35; Ord. No. 19, § 1)

Each application for a permit shall be accompanied by an issuance fee in an amount to be established by resolution of the City Council no part of which shall be returned to the applicant regardless of the action taken on the application. Notwithstanding the foregoing provisions of this article, no permit and no fees shall be required for improvements constructed pursuant to subdivision improvement agreements.

(Code 1975, § 22-36; Ord. No. 19, § 1; Ord. No. 78-16, § 3; Ord. No. 82-11, § 4)

If, in the opinion of the City Engineer, the work proposed to be done requires the making of plans or in 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.

(Code 1975, § 22-37; Ord. No. 19, § 1)

The City Engineer may require such changes in the application respecting the location, dimensions, method, or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway, the prevention of undue interference with traffic, or to ensure the safety of persons using the highway.

(Code 1975, § 22-38; Ord. No. 19, § 1)

If the applicant complies with every provision of this chapter and with all applicable provisions of all other chapters and statutes, the City Engineer shall issue to the applicant a written permit to perform the work set forth in the application.

(Code 1975, § 22-39; Ord. No. 19, § 1)

(a) An applicant for a permit to construct any work shall, in addition to the issuance fee, pay for engineering and inspection services in the amounts established by resolution of the City Council.

(b) For all other work, an applicant for a permit to construct any work shall pay an amount estimated by the City Engineer to be equal to twice the actual cost of all necessary engineering and inspection costs.

(Code 1975, § 22-40; Ord. No. 19, § 1; Ord. No. 78-16, § 4; Ord. No. 82-11, § 5)

If the United States, this State, any County, any municipal corporation, school district, or other public agency files with the City Engineer a written guarantee of payment of all costs for which it may become liable to the City hereunder, then no deposit for costs shall be required from such person. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Government Code § 6103.

(Code 1975, § 22-41; Ord. No. 19, § 1)

The engineering and inspection costs provided for in section 36-87(a) shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless:

(1) The inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned; or

(2) Unless the driveway approach, sidewalk or culvert is not constructed or installed, in which event the applicant may apply for a refund of the unused fees less a handling charge to be established by resolution of the City Council. This application shall be made in writing and not later than 90 days from the issuance date of the permit for the work. Where the deposit has been made under section 36-87(b), the City Engineer shall deduct from the deposit the actual cost to the City of the required engineering and inspection, plus the cost of overhead, not to exceed 20 percent of the total cost. If such cost, including overhead, 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. Nothing in this section shall be construed as authorizing the repayment of any issuance fees.

(Code 1975, § 22-42; Ord. No. 19, § 1; Ord. No. 78-16, § 5; Ord. No. 82-11, § 6)

If the cost exceeds the deposit, the permittee shall, upon demand by the City Engineer, pay the excess to the City. If payment is not made within 15 days after such demand, the City may recover the amount in any court of competent jurisdiction. Until such amount is paid, further permits under this article shall not be issued to such permittee.

(Code 1975, § 22-43; Ord. No. 19, § 1)

(a) Every permittee shall commence the proposed work within 60 days after the granting of the permit, and thereafter prosecute the work to completion in a diligent and workmanlike manner.

(b) The City Engineer may cancel the permit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the City Engineer, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending such notice to the applicant by ordinary mail to the address shown on the application.

(c) When a permit has been cancelled by the City Engineer, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded.

(Code 1975, § 22-44; Ord. No. 19, § 1)

(a) The City Engineer shall issue, without any 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 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 that portion of the driveway installed in the public right-of-way was inspected and complies with minimum standards required by the City.

(b) If an applicant receives a permit pursuant to the provisions in subsection (a) of this section, and such governmental agency fails to make the inspection or fails to file the certificate therein provided for within four months of the issuance of the permit, the City Engineer may himself/herself inspect the driveway, in which case the applicant shall pay to the City Engineer the actual cost of such inspection.

(Code 1975, § 22-45; Ord. No. 19, § 1)

(a) Not less than 18 hours before the commencement of any work covered by this article, the permittee shall apply in writing to the City Engineer for an inspector therefor. In such application, he or she shall specify the day and hour when, and the location at which, the work will be commenced.

(b) The City Engineer may waive inspection if he or she believes such inspection is not necessary for the best interests of the City.

(Code 1975, § 22-46; Ord. No. 19, § 1)

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 to do the necessary relocation, in which event the permittee shall deposit with the City Engineer a sum of money estimated by the City Engineer 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 36-89.

(Code 1975, § 22-47; Ord. No. 19, § 1)

Before a permittee performs any work covered by this article, he or she shall obtain from the City Engineer the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the City Engineer may specify in any permit issued therefor the size, type of material and the grade of the culvert.

(Code 1975, § 22-48; Ord. No. 19, § 1)

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. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the City standards.

(Code 1975, § 22-49; Ord. No. 19, § 1)

If any stakes set for any work covered by this article 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. After such setting, a refund shall be paid to, or a deficiency shall be paid by the permittee as provided in section 36-89.

(Code 1975, § 22-50; Ord. No. 19, § 1)

A permittee shall place and maintain adequate warning devices such as warning signs, lighted barricades, reflectorized delineators at each end of work and throughout the work area as directed by the City Engineer, not more than 25 feet apart along the side thereof, unless otherwise directed by the City Engineer, continuously until the work is entirely completed. The signs, barricades and delineators shall comply with the latest edition of the manual entitled, "Manual of Warning, Signs, Lights and Devices" for use in performance of work upon highways as prepared by the State Department of Transportation, and to the requirements of the City Engineer and the permittee take such other precautions as may be necessary for the protection of the traveling public. The City Engineer may, as a condition of the issuance of a permit, specify such additional safety devices or measures to be used by the permittee, but the failure of the City Engineer to so specify the devices or measures shall not relieve the permittee of his or her obligation hereunder.

(Code 1975, § 22-51; Ord. No. 19, § 1; Ord. No. 78-16, § 6)

A permittee shall remove all material and debris:

(1) Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit;

(2) In all other cases within three days.

(Code 1975, § 22-52; Ord. No. 19, § 1)

Every person who performs any work covered by this article in an amount greater than, or in any way different from or contrary to, the terms of any permit issued therefor, is guilty of a misdemeanor.

(Code 1975, § 22-53; Ord. No. 19, § 1)

(a) Whenever any permittee has completed any work for which a permit has been granted, he or she shall so notify the City Engineer in writing.

(b) If the City Engineer by survey or by inspection, or by 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 article, he or she shall issue, if requested so to do 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.

(Code 1975, § 22-54; Ord. No. 19, § 1)