Mission Viejo Municipal Code Div. 2 Appurtenant Construction

The following terms as used in this division shall, unless the context clearly indicates otherwise, have the respective meanings herein set forth:

Highway means any public highway, public street, public way or public place, in the unincorporated territory of 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, this city, and all departments and bureaus thereof, excepting the road department of the county, municipality, district or other political subdivisions thereof, 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, county, municipal corporation or public district.

(Ord. No. 88-12, § 5(6-1-1), 6-27-88)

Cross reference— Definitions generally, § 1.01.170.

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 herein provided.

(Ord. No. 88-12, § 5(6-1-2), 6-27-88)

If the United States, this state, this or any other county, any municipal corporation, 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 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.

(Ord. No. 88-12, § 5(6-1-4), 6-27-88)

On each application the applicant shall sign a statement that he agrees to defend, protect and hold 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. 88-12, § 5(6-1-5), 6-27-88)

An applicant for a permit 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.

(4) Traffic control plans if work is to occur on arterial highways.

(Ord. No. 88-12, § 5(6-1-11), 6-27-88)

The director of public works 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 right-of-way, the prevention of undue interference with traffic or to assure the safety of persons using the right-of-way.

(Ord. No. 88-12, § 5(6-1-12), 6-27-88)

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

(Ord. No. 88-12, § 5(6-1-13), 6-27-88)

(a) Permit effective. The engineering and inspection costs provided for in subsections (a) and (b) of section 14.01.212 shall be presumed to be the actual costs. 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 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 the deposit has been made under section 14.01.212, 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 (a)(2) shall be construed as authorizing the repayment of any issuance fee.

(b) Permit cancellation. When a permit has been canceled 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. 88-12, § 5(6-1-14), 6-27-88)

If the cost 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 division shall not be issued to such permittee.

(Ord. No. 88-12, § 5(6-1-15), 6-27-88)

(a) Inspection by a noncity governmental agency; no inspection fee. 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 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) Inspection fee for 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 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 director may himself inspect the driveway in which case the applicant shall pay to the director the actual cost of such inspection.

(Ord. No. 88-12, § 5(6-1-21), 6-27-88)

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

(Ord. No. 88-12, § 5(6-1-22), 6-27-88)

If the applicant complies with every provision of this division 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. 88-12, § 5(6-1-23), 6-27-88)

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.

(Ord. No. 88-12, § 5(6-1-24), 6-27-88)

The director of public works 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 director, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application.

(Ord. No. 88-12, § 5(6-1-25), 6-27-88)

(a) 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 director of public works. In addition, all work to be performed in the right-of-way shall be in accordance with and conform to the standards established by chapter 14.02 of this Code.

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

(Ord. No. 88-12, § 5(6-1-33), 6-27-88)

Not less than 48 hours before the commencement of any work covered by this division 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. 88-12, § 5(6-1-35), 6-27-88)

A permittee shall place and maintain adequate warning signs, lights and devices conforming to the most current editions of CALTRANS and the work area traffic control handbook 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 may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the director to so specify the signs, devices or measures shall not relieve the permittee of his obligation hereunder.

(Ord. No. 88-12, § 5(6-1-41), 6-27-88)

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

(Ord. No. 88-12, § 5(6-1-42), 6-27-88)

Every person who performs any work covered by this division 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. Notwithstanding the foregoing, a violation may be prosecuted as an administrative civil action pursuant to chapter 1.02 or chapter 1.03 of this Code.

(Ord. No. 88-12, § 5(6-1-45), 6-27-88; Ord. No. 97-174, § 23, 8-18-97)