Oakley Municipal Code Art. 2 Permits

The written permits required by this article shall be issued by the City Engineer or his/her lawful appointee, for any lawful use, subject to conditions set forth in this article and as required by law. The issuance of a permit shall in no manner whatsoever imply or impute a responsibility or liability to the City, the County, the Contra Costa County Flood Control and Water Conservation District, or their employees, for injuries resulting from any act or condition regulated by this article.

The City Engineer shall prescribe and provide a standard form of application for a permit required by this article and such application, when duly executed mad signed by the City Engineer, shall become the permit. The application form shall state the property owner’s name, together with such details as in the opinion of the City Engineer are necessary to establish the purpose of the act or work to be performed, the location, dimensions, estimated total cost, and the dates for commencement and for completion of the act or work, except that the City Engineer at his/her discretion may establish the date for completion. The application shall be executed by the property owner or his/her duly appointed agent and deposited with the City Engineer.

The applicant shall enclose with, include, attach, or add to the application for a permit a map, plat, sketch, diagram, or similar exhibit of a size and in such quantity as the City Engineer may prescribe, on which exhibit shall be plainly shown any and all information of a technical or engineering nature necessary to locate, delineate, illustrate, identify, justify, and substantiate the proposed act or work, and the right and necessity of the applicant to perform the act or work. The City Engineer may require to be submitted such soil investigation, tests of materials, engineering plans and investigations, and technical reports as he/she may deem necessary and proper. If necessary, changes, correction, and notes may be made on any such exhibit and these items shall become an integral part of the permit when attested to by the City Engineer.

The applicant shall enclose with, attach, or add to the application for a permit the written consent and waiver of liability given by any and all persons or bodies politic having jurisdiction, who of themselves or their property would be affected in any manner by the acts or works to be performed.

Written permits required by this article shall be one of the following types, depending on the decision of the City Engineer:

a.

"Regular permits"

to do work under the provisions of this article shall be issued for the performance of those acts or works permitted by this article.

b.

"Conditional permits"

shall be issued when such conditions or circumstances exist or will foreseeably occur which could in any manner be adverse to the performance of the acts or works or be adverse to the purpose for which the acts or works are to be performed. Such conditions or circumstances shall be specifically set forth upon the application for permit or shall be attached thereto and shall be considered incorporated in the permit.

c.

"Emergency permits"

shall be issued for reasons necessitating emergency action as set out in Section 6.2.112.

The permittee shall begin the act or work authorized by a permit issued pursuant to this article within 30 calendar days from date of issuance, unless another date is specifically indicated in the permit, and the permittee shall notify the City Engineer at least 48 hours prior to beginning work. Should the act or work not be commenced on or before the date indicated in the permit, then the permit shall become void unless, prior to the date of expiration, the permittee presents good and sufficient reason for an extension of time and the date is extended by the City Engineer in writing. A permit which has become void by reason of non-commencement of work prior to the stipulated date may be renewed at the discretion of the City Engineer and upon payment of a renewal fee as provided for in the schedule of fees adopted by the City Council.

The permittee shall complete the act or work authorized by a permit issued pursuant to this article within the time and before the date stipulated in the permit. The permittee shall notify the City Engineer in writing upon completion of any act or work, and no work shall be deemed to have been completed until such written notification has been received. A final inspection of the work shall be made by a representative of the City Engineer, unless such inspection is waived by the City Engineer, and no permittee shall be deemed to have complied with this article until such inspection has been performed.

Should the work described in a permit be performed in such a manner as to be deemed unsatisfactory and/or unacceptable by the City Engineer, then the work shall be reconstructed by the permittee to the satisfaction of the City Engineer. Should the City Engineer deem that delay in pursuit or completion of the act or work be due to lack of diligence or willful act on the part of the permittee, or should the work performed be deemed unsatisfactory and/or unacceptable; then, if essential to the health, safety, or welfare of the general public, the City Engineer shall request the City Council for authorization to contract with any licensed general contractor to complete, erect, install, reconstruct, or alter all structures or work in conformance with approved plans and specifications, or to remove all structures and obliterate all work not completed. The costs incurred thereby shall be repaid to the City by the deduction of the costs from the cash or surety bond deposited by the permittee with the City for the performance of the work; provided, further, that should such costs exceed the total of the cash deposit or surety bond of the permittee, then any and all additional costs shall become a lien against the permittee’s property, real and otherwise.

No changes shall be made in the location, dimensions, materials, or character of the work authorized in a permit, except upon written authorization to do so by the City Engineer.

A permit issued pursuant to this article shall not be transferable by, for, or on behalf of the person, his/her heirs, assigns, or successors, to whom the permit issued.

The fees for permits for the performance of acts or works under this article shall be those recommended by the City Engineer and established and adopted by the City Council from time to time by resolution. Before a permit is issued, the applicant shall deposit with the City Engineer, for payment to the City Clerk, cash or check in sufficient sum to cover the fee for issuance of the permit, in accordance with schedules established and adopted by the Council. No fee shall be required for municipalities or public districts.

Prior to the issuance of a permit the applicant shall deposit with the City Engineer cash or check for payment to the City Clerk in an amount deemed adequate by the City Engineer but not exceeding the estimated total cost, including all labor and materials, of the work to be performed; except that such deposit may be waived by the City Engineer. In lieu of a cash deposit, the applicant may file an approved surety bond issued by a company or corporation authorized to engage in general surety business in the State of California. The conditions of any cash deposit or surety bond made pursuant to this subsection shall be that the permittee will diligently and in good faith comply with all provisions of this article, with all terms and conditions contained in the permit issued him/her, and will pursue the work to completion without undue delay except for reasonable cause. Upon satisfactory and acceptable completion of the work as set forth in Section 6.2.214, the cash deposit shall be refunded to the permittee or the permittee shall be exonerated from his/her surety bond by the City Engineer in writing upon the expiration of 90 days. The City Engineer shall not be responsible to ascertain whether there exist unsatisfied liens against the premises upon which the work was performed.