Article 1 — APPURTENANT CONSTRUCTION

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

County means the County of Orange, California.

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

Person includes any individual, firm, copartnership, joint adventure, association, corporation, estate, trust, business trust, this State, any county, including this County, and all departments and bureaus thereof, excepting the Road Department of this 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 of California, or any department or agency thereof, county, municipal corporation or public district.

Road Commissioner and Commissioner means the Road Commissioner of the County of Orange.

(Code 1961, § 61.011)

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 Road Commissioner as herein provided.

(Code 1961, § 61.012)

Editor's note— Section 1 of Ord. No. 3077, enacted Aug. 1, 1978, repealed former § 6-1-3 providing for a permit application fee and derived from Code 1961, § 61.013.

If the United States, this State, this or any other county, any municipal corporation, school district or other public agency files with the Commissioner a written guarantee of payment of all costs for which it may become liable to the County 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 section 6103 of the Government Code of the State of California.

(Code 1961, § 61.014)

On each application the applicant shall sign a statement that he agrees to preserve and save harmless the County 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.

(Code 1961, § 61.015)

Secs. 6-1-6—6-1-10. - Reserved.

An applicant for a permit shall state in his application:

(a)

The location, nature and extent of the work to be performed;

(b)

The materials to be used;

(c)

Such other information, including plans and specifications as the Commissioner may require.

(Code 1961, § 61.016)

The Commissioner 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 highway, the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Code 1961, § 61.017)

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

(Ord. No. 3077, § 2, 8-1-78)

Editor's note— Section 1 of Ord. No. 3077, enacted Aug. 1, 1978, repealed former § 6-1-13 containing a schedule of engineering and inspection fees and derived from Code 1961, § 61.018. Section 2 of said ordinance enacted a new § 6-1-13 to read as herein set out.

(a)

Permit Effective: The engineering and inspection costs provided for in subsections (a) and (b) of section 6- 1-13 shall be presumed to be the actual cost. 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 one dollar and fifty cents ($1.50) for any final inspection which may be made. Where the deposit has been made under subsection (c) of section 6-1-13, the Commissioner shall deduct from the deposit the actual cost to the County of the required engineering and inspection plus the cost of overhead, not to exceed fifteen (15) per cent 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 paragraph shall be construed as authorizing the repayment of any issuance fee.

(b)

Permit Cancellation: When a permit has been canceled by the Commissioner, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded:

(Code 1961, § 61.019)

If the cost exceeds the deposit, the permittee shall, upon demand by the Commissioner, pay the excess to the County. If payment is not made within fifteen (15) days after such demand the County 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.

(Code 1961, § 61.0110)

Secs. 6-1-16—6-1-20. - Reserved.

(a)

Inspection by a Non-County Governmental Agency—No Inspection Fee. The Commissioner 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 Commissioner that the driveway will be inspected by a competent governmental agency other than an agency of the County, 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 County.

(b)

Inspection Fee for County Inspection. If an applicant receives a permit pursuant to the provisions of section 6-1-21 (a), 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 (4) months of the issuance of the permit, the Commissioner may himself inspect the driveway in which case the applicant shall pay to the Commissioner the actual cost of such inspection.

(Code 1961, § 61.0111)

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

(Code 1961, § 61.0112)

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

(Code 1961, § 61.0113)

Every permittee shall commence the proposed work within sixty (60) days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner.

(Code 1961, § 61.0114)

The Road Commissioner may cancel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the Commissioner, 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.

(Code 1961, § 61.0115)

Secs. 6-1-26—6-1-30. - Reserved.

If so required by the Commissioner the permittee 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 Commissioner may elect to do the necessary relocation, in which event the permittee shall deposit with the Commissioner 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 6-1-14 and 6-1-15 of this article.

(Code 1961, § 61.0116)

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

(Code 1961, § 61.0117)

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 Commissioner. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the County standards established by article 2, division 2 of title 6 of this Code.

The Commissioner may waive inspection if he believes such inspection is not necessary for the best interests of the County.

(Code 1961, § 61.0118)

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 Commissioner to be sufficient to pay the cost of setting such additional stakes. The Commissioner 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 6-1-14 and 6-1-15.

(Code 1961, § 61.0119)

Not less than eighteen (18) hours before the commencement of any work covered by this article the permittee shall apply in writing to the Commissioner 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.

(Code 1961, § 61.0120)

Secs. 6-1-36—6-1-40. - Reserved.

A permittee shall place and maintain adequate warning signs, lights and devices conforming to the State of California Division of Highways Uniform Sign Chart and the Orange County Road Department 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 Road Commissioner. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The Commissioner 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 Commissioner to so specify the signs, devices or measures shall not relieve the permittee of his obligation hereunder.

(Code 1961, § 61.0121)

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

(Code 1961, § 61.0122)

If the Commissioner by survey or by inspection or by both, ascertains that the work 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.

(Code 1961, § 61.0123)

A permittee shall remove all material and debris:

(a)

Where new work is covered with earth, in accordance with the terms of the specifications attached to the permit;

(b)

In all other cases within three (3) days.

(Code 1961, § 61.0124)

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.

(Code 1961, § 61.0125)

Secs. 6-1-46—6-1-55. - Reserved.