Rancho Santa Margarita Municipal Code Ch. 11.02 Appurtenant Construction

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

Highway means any public highway, public street, public way or public place in the City that has been acquired by the City by purchase, dedication, or condemnation proceedings.

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, any municipal corporation or any public district.

(OCC § 6-1-1)

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 City Engineer as herein provided.

(OCC § 6-1-2)

If a public agency files with the City Engineer a written guarantee of payment of all costs for which it may become liable to the City hereunder, then no deposit for costs shall be required from such public agency. No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Government Code § 6103.

(OCC § 6-1-4)

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

(OCC § 6-1-5)

A permit applicant shall state the following in the application:

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

(2) The materials to be used;

(3) Such other information, including plans and specifications as the City Engineer may require.

(OCC § 6-1-11)

The City Engineer 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 assuring the safety of persons using the highway.

(OCC § 6-1-12)

A permit applicant shall pay fees for processing, engineering, plan checking, and inspection as established by resolution of the City Council.

(OCC § 6-1-13; Ord. No. 3077, § 2, 8-1-1978)

(a) The engineering and inspection fees provided for in Section 11.02.070 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) The improvements are not constructed or installed, in which event the applicant may apply for a refund of the unused fees. The City Engineer shall deduct from the deposit the actual cost incurred by the City for the required engineering and inspection plus the cost of overhead, not to exceed 15 percent 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 subsection shall be construed as authorizing the repayment of any issuance fee.

(b) Permit cancellation. When a permit has been canceled by the City Engineer, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded.

(OCC § 6-1-14)

If the cost exceeds the deposit, the permittee shall, upon demand by the City Engineer, pay the deficiency to the City. If payment is not made within 15 days after such demand, the City may recover the amount by an action in any court of competent jurisdiction. Until such amount is paid, further permits under this chapter shall not be issued to such permittee.

(OCC § 6-1-15)

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

(OCC § 6-1-22)

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

(b) The applicant shall comply with all written requirements on or made part of the permit by the City Engineer.

(OCC § 6-1-23)

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

(OCC § 6-1-24)

The City Engineer may cancel the permit unless the work authorized therein is commenced within 60 days of the issuance of the permit and thereafter, in the opinion of the City Engineer, 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.

(OCC § 6-1-25)

If so required by the City Engineer, the permittee shall make proper arrangements for, and bear the cost of, relocating any structure, public utility, tree, or shrub, where such is made necessary by the proposed work for which a permit is issued. The City Engineer may elect to do the necessary relocation, in which event the permittee shall deposit with the City Engineer 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 11.02.080 and 11.02.090.

(OCC § 6-1-31)

(a) 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 City Engineer. In addition, all work to be performed in, upon, or across City streets shall be in accordance with and conform to the City standards established by Article 2, Division 2 of Title 6 of the Orange County Code.

(b) The City Engineer may waive inspection if he believes such inspection is not necessary for the best interests of the City.

(OCC § 6-1-33)

Not less than two working days before the commencement of any work covered by this chapter, the permittee shall notify the City Inspector.

(OCC § 6-1-35)

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 2006 Manual on Uniform Traffic Control Devices (MUTCD) California Supplement, as may be revised, throughout the length of the work and at each end of the project until the work is completed to the satisfaction of the City Engineer. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The City Engineer may, as a condition of the issuance of a permit, specify such additional signs, warning devices, or measures to be used by the permittee, but the failure of the City Engineer to so specify the signs, devices, or measures shall not relieve the permittee of his obligation hereunder.

(OCC § 6-1-41; Ord. No. 10-01, § 3, 2-24-2010)

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

(OCC § 6-1-42)

If the City Engineer, by survey, inspection, or 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 chapter, he shall issue, if requested to do so by the permittee, a certificate of acceptance that shall contain a statement of the location, nature, and extent of the work performed under the permit.

(OCC § 6-1-43)

A permittee shall remove all material and debris:

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

(2) In all other cases within three days.

(OCC § 6-1-44)

Every person who performs any work covered by this chapter 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.

(OCC § 6-1-45)