Mission Viejo Municipal Code Div. 1 Generally

The following words or abbreviations as used in this chapter are respectively defined as follows:

Applicant means any person, or persons, applying for or holding a valid permit for installing this work.

A.S.T.M. means the American Society for Testing Materials. All references to the specifications of the A.S.T.M. are understood to refer to the current specifications as revised or amended at the date of construction.

Construction schedule means the applicant's written estimate in detail as required by the department, showing the estimated dates that certain portions of the work will be started and completed and the rate of prosecution of individual portions of the work as planned by the applicant.

Department means the city's public works department.

Detail drawings means the standard plan drawings as listed and appearing in the County Code.

Engineer means the engineer designated by the applicant, acting either directly or through properly authorized agents of the applicant. The engineer shall be a registered civil engineer licensed to practice in the state.

Final approval means the formal action by the department accepting the work as fully completed.

Laboratory means the materials testing laboratory authorized by the department to test materials and work involved in the construction of the sanitary sewers.

Plans means that part of the plans and specifications which consists of the plans, profiles, typical cross sections, general cross sections and working drawings, or exact reproductions thereof, which show the location, character, dimensions and details of the work to be done.

Sanitary sewer collection system means sewer piping, appurtenances or any part thereof which serves one or more buildings and which are located in any area where the director of public works has jurisdiction of any construction or land use.

Special inspector means the same as defined in division 4 of this chapter.

Specifications means the directions, provisions and requirements as submitted to the department by the applicant, pertaining to the method and manner of performing the work, and to the qualities and quantities of materials to be furnished for work.

State specification means the Standard Specifications, State of California Department of Public Works, Division of Highways, as published January, 1960.

Surety or sureties means the bondsmen or party or parties who may guarantee the fulfillment of the work, or a portion of the work by bond, and whose signatures are attached to the bond.

Work means all the work specified in this chapter, plans and specifications, necessary to complete the construction of sanitary sewers and collection systems.

(Ord. No. 88-12, § 9(7-4-45—7-4-67, 7-4-75, 7-4-76, 7-4-78), 6-27-88)

Cross reference— Definitions generally, § 1.01.170.

The terms "approved," "directed," "satisfactory," "accepted," "acceptable," "proper," "required," "necessary" and "or equal" mean as approved, directed, satisfactory, accepted, acceptable, proper, required, necessary or equal, in the opinion of the department.

(Ord. No. 88-12, § 9(7-4-68), 6-27-88)

Where a certain product is called for by name, it is intended as a guide for type and quality. Other products which the applicant desires to use in place of those specified must be, in the opinion of the department, of equal type and quality. An applicant's desire to use an alternate product must be made in writing to the department 15 days prior to starting construction.

(Ord. No. 88-12, § 9(7-4-69), 6-27-88)

(a) Figured dimensions of the drawings shall govern, but work not dimensioned shall be as directed. Work not particularly shown or specified shall be the same as similar parts which are shown or specified, or as directed. Full-size details shall take precedence over scale drawings as to shape and details of construction. This chapter shall govern as to material.

(b) Scale drawings, full-size details and specifications are intended to be fully cooperative and to agree, but should any discrepancy or apparent difference occur between plans and specifications, or should error occur in the works of others affecting the work, the applicant shall notify the department at once. If the applicant proceeds with the work affected without instructions from the department, he shall be fully responsible for any resultant damage or defect.

(Ord. No. 88-12, § 9(7-4-77), 6-27-88)

Wherever the word "pipe" is used, it shall include fittings of a like type as the pipe.

(Ord. No. 88-12, § 9(7-4-79), 6-27-88)

Fabricated materials or equipment to be incorporated in the work shall be approved by the department. The applicant shall obtain and check manufacturer's shop drawings and other pertinent data for conformance with all requirements of this chapter, drawings and specifications. After completion of such checking and verification, the applicant shall submit the shop drawings and pertinent data to the department for approval. It shall be in such detail as the department may require for information as to the design, installation and operation of such items and their compliance with this chapter, plans and specifications. The department shall have ten days from date of receipt of such shop drawings to approve or reject the same.

(Ord. No. 88-12, § 9(7-4-85), 6-27-88)

Finished surfaces in all cases shall conform with the lines, grades, cross sections and dimensions shown on the approved plans. Deviations from the approved plans, as may be required by the exigencies of construction, will be determined in all cases by the department and authorized in writing.

(Ord. No. 88-12, § 9(7-4-86), 6-27-88)

Water used for construction and testing shall be arranged for and furnished by the applicant at his expense.

(Ord. No. 88-12, § 9(7-4-87), 6-27-88)

The applicant may not make a connection to existing district facilities or interrupt sanitary sewer service in any portion of the district until the proper procedures have been followed and the district has approved and scheduled such connection.

(Ord. No. 88-12, § 9(7-4-88), 6-27-88)

Neither the director of public works, the department nor any other officer or authorized assistant or agent of the department shall be personally responsible for any liability arising out of the work performed.

(Ord. No. 88-12, § 9(7-4-89), 6-27-88)

The department shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof; or for any material or equipment used in performing the work; or for injury or damage to any person or persons, either workmen or the public; or for damages to adjoining property from any cause whatsoever during the progress of the work or at any time.

(Ord. No. 88-12, § 9(7-4-95), 6-27-88)

The applicant shall keep himself fully informed of all laws, ordinances and regulations which in any manner affect those engaged or employed in the work, or the materials used in the work, or which in any way affect the conduct of the work, and of all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. If any discrepancy or inconsistency is discovered in the plans, drawings, specifications or other documents in relation to any such law, ordinance, regulation, order or decree, the applicant shall forthwith report the same to the department in writing. The applicant shall at the time observe and comply with and shall cause all of his agents and employees to observe and comply with all such existing and future laws, ordinances, resolutions, regulations, orders and decrees, and shall protect and indemnify the city, the city council, the public works, and all of its and their officers and agents, against any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order or decree, whether by himself or his employees.

(Ord. No. 88-12, § 9(7-4-96), 6-27-88)