Poway Municipal Code Ch. 12.16 Street and Sidewalk Construction

The provisions of this chapter apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, or other appurtenant highway structures.

(CC § 71.401; Ord. 29 § 1, 1981)

No person shall construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall, storm drain or culvert or other work of any nature in, over, along, across or through any highway, or cause the same to be done, without first obtaining from the Director of Public Services a permit to do so.

(CC § 71.402; Ord. 29 § 1, 1981)

No person shall construct, improve or repair any residential driveway in, over, along, across or through any highway, or cause the same to be done, without first obtaining a permit to do so pursuant to Chapter 15.04 PMC.

(CC § 71.402.5; Ord. 29 § 1, 1981)

Application for a permit required by this chapter shall be made in accordance with Chapter 12.04 PMC. The application shall specify:

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

B. The materials to be used;

C. Such other information as the Director of Public Services may require.

(CC § 71.403; Ord. 29 § 1, 1981)

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

(CC § 71.404; Ord. 29 § 1, 1981)

Where the structure, driveway, curb, sidewalk or gutter is to be constructed of concrete, the applicant shall be a person licensed by the State to perform the work described in the application, and he must perform the work or the work must be performed under his immediate supervision.

(CC § 71.405; Ord. 29 § 1, 1981)

If, in the opinion of the Director of Public Services, the construction of any length of curb or sidewalk less than the full length of a street between street intersections would create a condition hazardous to the traveling public using the street upon which it is proposed to install the curb or sidewalk, he may refuse to issue a permit for the construction of curb or sidewalk for any length less than the full length of said street between intersecting streets.

(CC § 71.406; Ord. 29 § 1, 1981)

Every person applying for a permit required by this chapter shall at the time of making application for the permit pay an issuance fee in an amount that shall be established by City Council resolution from time to time.

(CC § 71.407; Ord. 29 § 1, 1981; Ord. 683 § 49, 2008)

A. An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee or engineering and inspection fee as follows:

1. An amount estimated by the Director of Public Works to be equal to twice the actual cost of all necessary engineering and inspection;

2. An applicant for a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock, shall, in addition to the issuance fee, pay an engineering and/or inspection fee in an amount that shall be established by City Council resolution from time to time.

B. The Director of Public Works shall not charge any engineering or inspection fee for a permit to construct curbs, walks, gutters, or highway surfaces.

(CC § 71.408; Ord. 29 § 1, 1981; Ord. 683 § 50, 2008)

A. The engineering and inspection costs provided for in PMC § 12.16.090(A)(2) shall be presumed to be the actual cost. A refund shall not be made to any applicant unless the inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned, or if the driveway or driveways were not constructed by the permittee, the applicant may apply for a refund of the unused fees less a charge in an amount that shall be established by City Council resolution from time to time on the permit for final inspection charges. Where the deposit has been made under PMC § 12.16.090(A)(1), the Director of Public Works shall deduct from the deposit the amount of the issuance fee and the actual cost to the City of the required engineering and inspection. If such cost and fee 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.

B. If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the excess to the City. If he does not so pay within 15 days, the City may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued to such permittee.

(CC § 71.409; Ord. 29 § 1, 1981; Ord. 683 § 51, 2008)

If so required by the Director of Public Services, 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 Director of Public Services may elect to do the necessary relocation. In such case the permittee shall deposit with the Director of Public Services 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 PMC § 12.16.100.

(CC § 71.410; Ord. 29 § 1, 1981)

If any stakes set for any work covered by this chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the Director of Public Services to be sufficient to pay the cost of setting such additional stakes. The Director of Public Services 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 PMC § 12.16.100.

(CC § 71.411; Ord. 29 § 1, 1981)

When a permit has been revoked by the Director of Public Services, the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded.

(CC § 71.412; Ord. 29 § 1, 1981)

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

(CC § 71.414; Ord. 29 § 1, 1981)

Unless in his opinion a good and sufficient reason exists for the failure of the permittee to comply with the provisions of PMC § 12.16.140, the Director of Public Services may revoke the permit.

(CC § 71.415; Ord. 29 § 1, 1981)

Every person who performs any work covered by this chapter in an amount greater than, or in any way different from or contrary to the terms of any permit issued therefor, is guilty of an infraction.

(CC § 71.416; Ord. 29 § 1, 1981)

Before a permittee performs any work regulated by this chapter he shall obtain from the Director of Public Services the lines and grades therefor.

(CC § 71.417; Ord. 29 § 1, 1981)

A. The permittee shall perform all work in accordance with the plans, if plans are made, and the specifications entitled “The Standard Specifications, Road Department of the County of San Diego,” on file with the Director of Public Services, and, further, to the satisfaction of the Director of Public Services.

B. The Director of Public Services may waive inspection, if he believes such inspection is not necessary for the best interests of the City; provided, however, any such waiver shall be in writing.

(CC § 71.418; Ord. 29 § 1, 1981)

No change in any plans, if plans are made, or specifications shall be made unless approved in writing by the Director of Public Services.

(CC § 71.419; Ord. 29 § 1, 1981)

Not less than 18 hours before the commencement of any work regulated by this chapter, the permittee shall apply in writing to the Director of Public Services 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.

(CC § 71.420; Ord. 29 § 1, 1981)

No concrete shall be poured or placed until the Director of Public Services has approved in writing the forms into which the concrete is to be poured or placed.

(CC § 71.421; Ord. 29 § 1, 1981)

A permittee shall place and maintain at each end of the work and not more than 50 feet apart along the side thereof, unless otherwise directed by the Director of Public Services, from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the Director of Public Services.

(CC § 71.422; Ord. 29 § 1, 1981)

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 days.

(CC § 71.423; Ord. 29 § 1, 1981)

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

(CC § 71.424; Ord. 29 § 1, 1981)

If the Director of Public Services 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 all of the provisions of this title, 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.

(CC § 71.425; Ord. 29 § 1, 1981)

The inspection, or approval, or acceptance of work or materials shall not relieve the permittee of any of his obligations to perform and complete the work according to the permit, the plans, if plans are made, and the specifications referred to in PMC §§ 12.16.180 and 12.16.190.

(CC § 71.426; Ord. 29 § 1, 1981)

Upon order of the Director of Public Services, any work or material which does not conform to the permit, the plans, if plans are made, and the specifications referred to in PMC §§ 12.16.180 and 12.16.190 shall be removed and replaced so as to conform to said plans and specifications, notwithstanding that such work or material has been previously inspected, or approved, or accepted by the Director of Public Services.

(CC § 71.427; Ord. 29 § 1, 1981)

By applying for and obtaining a permit pursuant to this title, the permittee agrees with the City that in the event the permittee fails to comply promptly with the terms of the permit and perform and complete the work according to the plans, if any, and the specifications referred to in PMC §§ 12.16.180 and 12.16.190, or fails to comply with any other provisions of this title, the City may elect to perform and complete the work, in which event the permittee shall pay to the City upon demand of the Director of Public Services and prior to actual performance and completion of the work by the City or its contractor, the cost of performing and completing the work according to such permit, the plans, if any, and the specifications either by the use of the City’s forces or by an independent contractor, whichever method the Director of Public Services deems appropriate, and in the event the permittee fails to pay such cost to the City upon demand, the City may bring an action in a court of competent jurisdiction to recover such cost together with reasonable attorneys’ fees.

(CC § 71.428; Ord. 29 § 1, 1981)

Any work performed contrary to the permit, the plans, if plans are made, and the specifications referred to in PMC §§ 12.16.180 and 12.16.190 is declared to be a public nuisance, and upon order of the City Council, the City Attorney shall immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.

(CC § 71.429; Ord. 29 § 1, 1981)