Article II — Alterations

As used in this article:

"City Engineer" means the City Engineer of the City.

"Director" means the Director of Public Services of the City. (Prior code § 15-3.1; Ord. 21-1722 § 2)

No person shall, directly or indirectly, by himself or herself or through agents or employees, begin to construct, reconstruct, repair, alter or grade any sidewalk, curb, curb-cut, driveway or street on the public streets without first obtaining a permit from the City Engineer as provided by this article.

(Prior code § 15-3.2; Ord. 21-1722 § 2)

An applicant for a permit under this article shall file with the City Engineer an application showing:

• A. Name and address of the owner, or agent in charge, of the property abutting the proposed work area;

• B. Name and address of the party doing the work;

• C. Location of the work area;

• D. Attached plans showing details of the proposed alteration;

• E. Estimated cost of the alteration;

• F. Such other information as the City Engineer shall find reasonably necessary to the determination of whether a permit should be issued.

(Prior code § 15-3.3; Ord. 21-1722 § 2)

A fee shall be charged by the City Engineer for the issuance of such permits and for inspection, engineering and other services performed or to be performed in behalf of an applicant or permittee. Such fee shall be in accordance with the fee schedule established by the City Council and adopted by resolution. The schedule of fees shall be based upon the reasonably anticipated costs of the proposed work, and the required fees shall be paid with the application and prior to issuance of the permit. Such schedule shall be posted for public inspection in the office of the City Engineer and may be revised from time to time. In the event of any change in such schedule, the fee which shall apply shall be the fee in effect at time of issuance of the permit. A copy of such schedule, and any changes, shall be filed with the City Clerk not later than the effective date of the schedule.

(Prior code § 15-3.4; amended during 2008 republication; Ord. 21-1722 § 2)

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.210

§ 12.08.240

All fees and charges shall be paid directly to the office of the Director of Finance. (Prior code § 15-3.5; Ord. 21-1722 § 2)

The following bonds, in a form approved by the City Attorney, shall accompany any application for a permit:

• A. Construction and Maintenance. In cases where the estimated cost of the project shall exceed $1,000, the City Engineer shall require a maintenance and construction bond to be filed with the application for a permit, in an amount equal to one-half of the estimated cost of the project and conditioned that such work shall be done in accordance with the City's standard specifications and guaranteeing the same for a period of one year.

• B. Failure of Compliance by Permittee. In any case where a permittee under this article shall be in default or shall fail to comply with the requirements of this chapter, the City Engineer shall order the completion of the work by the City and shall recover the entire cost from the permittee or surety or directly from any cash bond.

• (Prior code § 15-3.6; Ord. 21-1722 § 2)

The City Engineer shall issue a permit when he or she finds:

• A. That the work will be done according to the standard specifications of the City for public work of like character;

• B. That the operation will not unreasonably interfere with vehicular and pedestrian traffic, the demand and necessity for parking spaces, and the means of ingress and egress to and from the property affected and adjacent properties; and

• C. That the health, welfare and safety of the public will not be unreasonably impaired. (Prior code § 15-3.7; Ord. 21-1722 § 2)

Following the approval by the City Council of plans for the construction of street improvements under any special assessment proceeding or under the Special Assessment Investigation, Limitation and Majority Protest Act of 1931, which plans include the construction of the work or improvements for which a permit is sought, or any part of such work or improvements, the City Engineer may refuse to issue a permit if he or she determines:

• A. That the work or improvement, or such part may probably be accomplished under a special assessment proceeding within one year; and

• B. That the deletion of such work or improvement, or such portion, from such proceedings or from any proposed special assessment district for which such plans may be utilized, will tend to defeat the accomplishment of other work or improvements shown in those plans under those proceedings or under any proposed special assessment district, or will cause an increase in the individual assessments of other property owners.

• He or she may, additionally, revoke any permit already issued in whole or in part upon the

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City of Norwalk, CA

NORWALK CODE

§ 12.08.240

§ 12.08.300

adoption of such plans under like circumstances; provided that, no substantial part of the work or improvements allowed by such permit has been accomplished. In either such event, the permit fees paid for the portion of the work or improvements for which the permit is revoked shall be refunded to the person who paid them.

(Prior code § 15-3.8; Ord. 21-1722 § 2)

All operations for which a permit is granted under this article shall be under the direction and supervision of the City Engineer. (Prior code § 15-3.9; Ord. 21-1722 § 2)

If construction of the work authorized by any permit is not commenced within 60 days after the issuance of such permit, such permit shall automatically become void, and such work may not be commenced until a new permit has been issued upon application and payment of the usual fee for such new permit.

(Prior code § 15-3.10; Ord. 21-1722 § 2)

All cement sidewalks, cement curbs and gutters and driveways which may be constructed in the City shall be constructed in accordance with the specifications, plans, profiles and crosssections on file in the office of the City Engineer. All work shall, during its progress and upon its completion, conform to the lines and levels which may be established by the City Engineer. (Prior code § 15-3.11; Ord. 21-1722 § 2)

When any curbcut or driveway within the City has been abandoned and is no longer in use, and in any case where the use, convenience and necessity of the public may require, the City Engineer shall have authority to order the owner or agent in charge of the property adjacent to which curbcuts are maintained to alter the curbcut in such manner as he or she shall find reasonably necessary.

(Prior code § 15-3.12; Ord. 21-1722 § 2)

Whenever the City Engineer shall determine that a curbcut or driveway has been abandoned, or shall determine that the use, convenience and necessity of the public require an alteration, the City Engineer shall serve a written notice on the owner or agent in charge of the adjacent property, and shall post a conspicuous notice on the property, notifying the owner or agent in charge that an alteration of the curbcut is required. Such notice shall specify the time within which the owner or agent shall comply with such requirement, which time shall be not less than 20 days from the date of the notice. If such owner or agent does not occupy the premises, such notice may be served by depositing it in the United States mail, certified mail, addressed to such owner or agent at any address given on the tax rolls or in the records of the City. Unless otherwise known to the City Engineer, the person listed as the owner on the latest assessment rolls shall be presumed to be the owner for the purpose of serving such notice. (Prior code § 15-3.13; Ord. 21-1722 § 2)

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.300

§ 12.08.310

If the alteration as required by the City Engineer is not made within the time specified in the notice, the owner or agent of the property shall be deemed in violation of this chapter, and each day that such curbcut or driveway is maintained without alteration, after the time set forth in the notice, shall constitute a separate and distinct violation of this chapter.

Any owner or agent in charge of property who has been notified by the City Engineer to alter a curbcut may appeal from the order of the City Engineer to the City Council by filing a written notice of appeal, specifying the grounds for such appeal, with the City Clerk, within 10 calendar days after the notice of alteration order has been served on such person or after the property has been posted. No appeal shall be heard by the City Council unless the notice of appeal is filed within the time specified in this section, provided, however, that the City Council may review any such order on its own motion. Where an appeal has been duly filed as set forth in this section, or a motion to review has been adopted by the City Council, no party shall be deemed in violation of this chapter, until such time as the City Council has reviewed such matter or disposed of such appeal or review. The owner or agent is allowed 20 days to comply with such alteration order, if not revoked by the City Council.

(Prior code § 15-3.14; Ord. 21-1722 § 2)

Upon the request of the City Engineer, a permittee shall, prior to the commencement of any work subject to the provisions of this chapter, furnish satisfactory evidence in writing that the permittee has in force and will maintain in force during the performance of such work and the period of the permit issued under this chapter, public liability insurance for the protection of the City and the permittee against claims for injury or death to any person or persons, or damage to any property, arising out of the performance of such work. Such policy shall provide coverage in amounts as specified by the City Engineer, and shall guarantee payment of any final judgment rendered against the permittee or the City, within the coverage provided, irrespective of the financial condition of or of any acts or omissions of such permittee. Such policy shall specifically name the City as an additional insured and shall further provide that the insurance coverage afforded shall not be terminated or cancelled except upon 30 days' written notice to the City. (Prior code § 15-3.15; Ord. 21-1722 § 2)

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City of Norwalk, CA

STREETS, SIDEWALKS AND PUBLIC PLACES

§ 12.08.320

§ 12.08.340