Laguna Niguel Municipal Code Art. 1 Appurtenant Construction

Footnotes:

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Cross reference— Building regulations, tit. 8.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Highway means any public highway, public street, public way or public place in the city which has been acquired by the city by purchase, dedication or condemnation proceedings.

Person includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this state, any county and any city, including this city, and all departments and bureaus thereof excepting the department of public works of the city, or any other group or combination acting as a unit.

Public agency means and includes the United States or any department or agency thereof, the state or any department or agency thereof, or any county, municipal corporation or public district.

(Ord. No. 90-11, § 6, 3-6-90)

Cross reference— Definitions generally, § 1-1-18.

It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit therefor from the director of public works as provided in this article.

(Ord. No. 90-11, § 6, 3-6-90)

If the United States, this state, any county, this or any other municipal corporation, or any school district or other public agency files with the director of public works a written guarantee of payment of all costs for which it may become liable to the city under this article, 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.

(Ord. No. 90-11, § 6, 3-6-90)

On each application for a permit under this article 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 persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application.

(Ord. No. 90-11, § 6, 3-6-90)

An applicant for a permit under this article shall state in his 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 director of public works may require.

(Ord. No. 90-11, § 6, 3-6-90)

The director of public works may require such changes in the application for a permit under this article respecting the location, dimensions, and method or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway or the prevention of undue interference with traffic, or to ensure the safety of persons using the highway.

(Ord. No. 90-11, § 6, 3-6-90)

An applicant for a permit to construct any work under this article shall pay fees for processing, engineering and inspection as established by resolution of the city council.

(Ord. No. 90-11, § 6, 3-6-90)

(a) Effective permit. The engineering and inspection costs provided for in section 7-1-13 shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless:

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

(2) The driveway or culvert is not constructed or installed, in which event the applicant may apply for a refund of the unused fees less a charge of $1.50 for any final inspection which may be made. Where a deposit has been made, the director of public works 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 15 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 subsection shall be construed as authorizing the repayment of any issuance fee.

(b) Cancelled permit. When a permit has been cancelled by the director of public works, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded.

(Ord. No. 90-11, § 6, 3-6-90)

If the cost to the city as provided in section 7-1-14 exceeds the deposit, the permittee shall, upon demand by the director of public works, 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.

(Ord. No. 90-11, § 6, 3-6-90)

(a) Inspection by a noncity governmental agency. The director of public works 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 director of public works 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 the portion of the driveway installed in the public right-of-way was inspected and complies with minimum standards required by the city.

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

(Ord. No. 90-11, § 6, 3-6-90)

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

(Ord. No. 90-11, § 6, 3-6-90)

If the applicant complies with every provision of this article and with all applicable provisions of all other ordinances and statutes, the director of public works shall issue to the applicant a written permit to perform the work set forth in the application.

(Ord. No. 90-11, § 6, 3-6-90)

Every permittee under this article 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.

(Ord. No. 90-11, § 6, 3-6-90)

The director of public works may cancel a permit issued under this article unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the director of public works, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the notice to the applicant by ordinary mail to the address shown on the application.

(Ord. No. 90-11, § 6, 3-6-90)

If so required by the director of public works, a permittee under this article 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 director of public works may elect to do the necessary relocation, in which event the permittee shall deposit with the director of public works 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 sections 7-1-14 and 7-1-15.

(Ord. No. 90-11, § 6, 3-6-90)

Before a permittee performs any work covered by this article, he shall obtain from the director of public works 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 director of public works may specify in any permit issued therefor the size, the type of material and the grade of the culvert.

(Ord. No. 90-11, § 6, 3-6-90)

(a) A permittee under this article 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 director of public works. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the standards established by article 2 of division 2 of this title.

(b) The director of public works may waive inspection if he believes such inspection is not necessary for the best interests of the city.

(Ord. No. 90-11, § 6, 3-6-90)

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 director of public works to be sufficient to pay the cost of setting such additional stakes. The director of public works 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 sections 7-1-14 and 7-1-15.

(Ord. No. 90-11, § 6, 3-6-90)

Not less than 18 hours before the commencement of any work covered by this article, the permittee shall apply in writing to the director of public works 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. No. 90-11, § 6, 3-6-90)

A permittee under this article shall place and maintain adequate warning signs, lights and devices conforming to the uniform sign chart of the state division of highways and the city manual of warning signs, lights and devices, throughout the length of the work and at each end of the project, until the work is completed to the satisfaction of the director of public works. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The director of public works may, as a condition of the issuance of a permit, specify additional signs or warning devices or measures to be used by the permittee, but the failure of the director of public works to so specify the signs, devices or measures shall not relieve the permittee of his obligation under this section.

(Ord. No. 90-11, § 6, 3-6-90)

Whenever any permittee under this article has completed any work for which a permit has been granted, he shall so notify the director of public works in writing.

(Ord. No. 90-11, § 6, 3-6-90)

If the director of public works, by survey or by inspection or by both, ascertains that the work covered by this article has been completed according to the requirements of the permit issued therefor and of all of the provisions of this article, he 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.

(Ord. No. 90-11, § 6, 3-6-90)

A permittee under this article 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.

(Ord. No. 90-11, § 6, 3-6-90)

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

(Ord. No. 90-11, § 6, 3-6-90)