Redlands Municipal Code Ch. 12.16 Street Repair and Construction Permits

No person shall do or perform, or cause the doing or performing of any, or any number of, or all of the following, until and unless he has filed with the engineer a written application, and secured from the engineer a permit therefor, and until and unless he shall have complied with all of the conditions and regulations of this division applicable thereto, except as hereinafter provided in sections 12.16.020 through 12.16.340 of this chapter:

A. Excavating In Street: Make any excavation, tunnel or bore in or under the surface of any street;

B. Facilities, Equipment: Construct, erect, place, or repair any facility or equipment in, upon, along, across, under or over any street, or remove any facility or attached equipment from any street;

C. Street Betterments: Repair, construct, reconstruct, erect or make any street betterment in, upon, along, across, under or over any street or remove any street betterment from any street, when such work is done or performed by or at the instance and request of the owner of the real property abutting said street where such street betterment is to be repaired, constructed, reconstructed, erected or made, or removed;

D. Street Improvements: Destroy or remove any street improvement in, upon, along, across, under or over any street;

E. Street Obstruction: Construct, leave, place or maintain any obstruction in, upon, along, across or over any street;

F. Driving Over Sidewalk: Drive or operate a vehicle over any curb or sidewalk located upon any street at a point other than where a driveway has been constructed or otherwise improved. (Prior code §§ 76000–76007)

Section 12.16.010 of this chapter shall not apply in case of emergency when it is necessary for the preservation of life or property to do work immediately in, upon, along, across, under or over any street in the city, provided that the person doing such work shall file a statement of the necessity therefor, a drawing or plat as required by section 12.16.050 of this chapter and make a deposit as required by sections 12.16.010 through 12.16.340 of this chapter with the engineer within eight (8) hours after beginning said work, or within four (4) hours after the office of the engineer is first open subsequent to beginning said work. (Prior code § 76008)

A department of the city shall not be required to make application for or secure a permit from the engineer to construct, erect, place, or repair a pole, pole line, tower, crossarm or bracket, transformer, conduit junction box, wire, meter, meter box, valve, valve box, in, upon, along, across, under or over a street of the city or remove the same from a street of the city when such work does not interfere with, disturb, destroy or remove any street improvement. (Prior code § 76009)

Applications shall be submitted in format and manner specified by the director and shall contain the following information:

A. The name, address and telephone number of the applicant. Where the applicant is not the owner of the facility or facilities to be installed or maintained, the application shall include the name, address and telephone number of the owner, and the applicant must demonstrate in a form and manner specified by the department that the applicant is authorized to act on behalf of the owner. Also included shall be the name of the contractor, his license number and type, the underground service alert identification number and the Cal OSHA number if applicable;

B. A plan, diagram or map, approved by the director, showing the proposed location and dimensions of the excavation and the facilities to be installed, maintained or repaired in connection with the excavation, and such other details as the department may require;

C. The proposed starting day of repair, construction or excavation;

D. The proposed duration of the repair, construction or excavation, which shall include the duration of the restoration of the public right of way physically disturbed by the repair, construction or excavation;

E. Possession of a current business tax certificate issued by the city of Redlands;

F. Evidence that the appropriate warranty and fees have been submitted as required by section 12.20.110 of this division;

G. Evidence of insurance for the applicant and owner as specified by the department;

H. Any other information that may reasonably be required by the department. (Ord. 2397 § 1, 1999: prior code § 76010)

A. After receipt of an application for a permit to repair, construct or excavate, the department shall determine whether the application is complete. If the application is deemed to be incomplete, the department shall advise the applicant of the reasons for rejecting the application as incomplete.

B. If the application is deemed to be complete, the department, in its discretion, shall deny, approve or conditionally approve the application. In order to preserve and maintain the public health, safety, welfare and convenience, the department may condition a permit with specified requirements including, but not limited to, those that limit or modify the facilities to be installed or maintained, the location of the facilities to be installed or maintained, and the time, place and manner of excavation.

C. If the application is denied, the department shall advise the applicant in writing of the basis for the denial.

D. If the application is approved or conditionally approved, the department shall issue a permit to the applicant. (Ord. 2397 § 2, 1999)

If an applicant applies for a permit to do any work mentioned in subsection 12.16.010A, B, or C of this chapter, at the time of filing such application, the applicant also shall file with the engineer a drawing or plat showing the proposed location, size and depth of an excavation, tunnel or bore to be made, the proposed location and elevation above or below the established grade of the centerline of the street, and if below the street, the proposed elevation below the actual surface of the roadway, the character of the street improvement or street betterment, facility or equipment or work to be done as the case may be. (Prior code § 76011)

The filing of such drawing or plat shall not be required when an application is filed requesting a permit to excavate in a street for the purpose of making a service connection when extending a lateral to a property line from a main duct line, or for the location of trouble in conduit or pipes, or making repairs thereto, or for any minor work of repair, reconstruction or excavation when the description of the work to be done in the application gives all the data required by section 12.16.050 of this chapter to be shown on a drawing or plat. (Prior code § 76012)

Additional maps or drawings will be submitted and approved as in section 12.16.050 of this chapter. (Prior code § 76013)

At the time any person applies for a permit for making a tunnel or bore in any street, he shall submit to the engineer for approval, specifications setting forth the method proposed to be used in backfilling said tunnel or bore. (Prior code § 76014)

Any work done pursuant to subsection 12.16.010A, B, or C of this chapter shall be done and performed in accordance with the drawings, plans, profiles or specifications designated in the permit issued therefor. (Prior code § 76015)

The applicant of any permit authorized to be issued pursuant to the provisions of this division shall show to the satisfaction of the engineer a lawful right to use and occupy the streets of the city for the purpose and at the location mentioned in the application. (Prior code § 76016)

The engineer may make such changes in said application as to the location, size and depth of any excavation, tunnel or bore as he may deem necessary for the protection of the streets wherein such excavation, tunnel or bore is to be made, or as in his judgment are necessary for the proposed purposes thereof, and may make such changes as to location, size or character of an obstruction, street betterment or temporary driveway constructed, erected, made, left, placed or maintained, in, upon, along or across, under or over any streets as in his judgment are necessary to comply with good engineering and workmanship, to prevent undue interference with travel upon the streets, or danger to the safety of persons using the same, and may make such changes as to location, or elevation above or below the surface of the street of any facility or equipment to be constructed, erected or placed as in his judgment are necessary to prevent undue interference with travel on the streets or danger to the safety of persons using the same. (Prior code § 76017)

If the proposed location of any street betterment, or facility or equipment to be constructed, reconstructed, erected, installed, maintained, operated or repaired, in, upon, along, across, under or over any street or removed from any street, and if the proposed location of any obstruction or temporary driveway to be constructed, left, placed or maintained in, upon, along, across or over any street by the applicant does not interfere:

A. Interference With Travel: Unreasonably with the use of the street for the purpose of travel;

B. Interference With City Plans: With any proposed or contemplated use of the street by the city or any of its departments, either above or below the surface of the street, for which plans have been prepared, or for which plans are in the course of preparation, which said plans have been authorized by the city manager or the legislative body of the city;

C. Interference With Personal Property: With personal property lawfully in, upon, along, across, under or over streets, and otherwise complies with the applicable provisions of this division, or any other ordinance of the city germane thereto, in force and effect at the time such application is made; the engineer shall approve such application and issue a permit or permits therefor. (Prior code § 76018)

However, the engineer shall not issue any permit when the proposed manner of doing the work would be detrimental to the public welfare. (Prior code § 76019)

Nothing in this division contained (and no fact, circumstance or inference arising therefrom) shall be deemed or considered to grant any franchise, right or privilege in, over or under any street of the city. (Prior code § 76020)

Nothing in this division contained shall be construed or taken to exempt, or as a contract right exempting a permittee from complying with any ordinance now in force, or which may hereafter be adopted. (Prior code § 76021)

Every permit for work in, upon, along, across, under or over a street shall be granted subject to the right of the city, or any other person entitled thereto, to use that part of such street for any purpose for which said street may lawfully be used. (Prior code § 76022)

Every permit for making a house connection to a sewer or for making repairs to the same, shall terminate within fifteen (15) days after the date of issuance. (Prior code § 76023)

Any excavation made for the purpose of making a house connection to a sewer shall be refilled in the manner required by this division within three (3) days after the date of commencing such work, and within one day after final inspection of the pipe, if any, by the engineer; and nothing in this division contained shall be construed to allow a longer period of time therefor. (Prior code § 76024)

If any person shall fail, refuse or neglect to complete the making of any house connection to a sewer, or to refill any excavation therefor within the time required by this chapter, the engineer shall complete the refilling of such excavation in the manner required by this division; and the engineer shall charge and retain the cost of such refilling from the deposit made at the time of securing the permit therefor. (Prior code § 76025)

A. Failure to promptly repair streets or rights of way which have been excavated for purposes related to building construction or damaged by construction related equipment or processes shall cause the director of building and safety, after notification by the city engineer, to withhold further building inspections and it shall be unlawful for the construction work to continue beyond the point where the next inspection is required by section 304 of the current edition of the uniform building code. The required building inspections can be resumed at such time as the city engineer notifies the director of building and safety that the repairs to the street have commenced or resumed. Failure to diligently then pursue the repair work to its acceptance by the city engineer (cessation of work for 2 days or more) shall cause the director of building and safety to withhold further building inspections until the repair work has been completed and accepted by the city engineer.

B. Seven (7) calendar days prior to notifying the director of building and safety to withhold further inspections, the city engineer shall give written notice to the building permit holder of record, delivered either in person or by registered or certified mail, advising the permit holder of record that further building inspections by the department of building and safety will be withheld on his project if the repair of streets or rights of way (which have been excavated for the purpose of building construction or damaged by construction related equipment) is not commenced within seven (7) calendar days after the date on the notice.

C. After notification by the city engineer to the permit holder of record that further building inspections will be withheld, and the street work is then commenced and the building inspections are then performed as required, but the work is then not pursued diligently (cessation of work for 2 or more days), the city engineer need not give the permit holder of record further notification that further building inspection by the department of building and safety will be withheld from his project until street repairs are completed as approved by the city engineer.

D. The time limitations specified by this section are subject to extensions upon written request and evidenced that the work could not proceed because of inclement weather.

E. In addition, any performance or completion bond or bonds posted for the completion of the street improvements do not affect the provisions of this section. (Prior code § 76025.1)

If the work provided for in any permit is not completed within the time prescribed herein, such permit shall be canceled and the city shall retain the permit fee therefor. (Prior code § 76026)

Any permit issued under the provisions of this division may be revoked by the engineer on approval of the city manager. (Prior code § 76027)

At any time it may become necessary for the city to construct any sewer, water main, pipeline or conduit, or other public work of any kind along, in, or through the excavation constructed or maintained under authority of such permit; and the city shall have the right to use any portion of any such sewer, water main, pipeline, conduit or other public work or improvement. (Prior code § 76028)

If the permittee shall fail, neglect or refuse to comply with any of the conditions of the permit issued to him, or with any of the terms or conditions of any ordinance now in force or hereafter adopted by the city in the exercise of its police power during the term hereof; and if such failure, neglect or refusal shall continue for more than three (3) days after demand by the engineer for compliance therewith, then, and in that event, the engineer, in addition to all rights and remedies allowed by law to the city, thereupon may revoke said permit. (Prior code § 76029)

In the event that it becomes necessary for the engineer, with the approval of the city manager, to revoke a permit in accordance with the provisions of this chapter, the city, its officers and employees, shall not be held liable for any damage that may accrue therefrom; and the permittee, by the acceptance of said permit, expressly releases the city, its officers and employees as in this section provided. (Prior code § 76030)

Before the engineer shall issue any permit to any person other than any department of the city, he shall collect from the applicant a permit fee per job as established by the city council in a resolution. (Prior code § 76031)

Before the engineer shall issue any permit to any person other than any department of the city, he shall collect from the applicant therefor inspection fees according to a resolution by the city council. (Prior code § 76036)

In any one job or project of construction involving one or more types of improvements, the minimum fee, including both the permit and the inspection fee, shall be as established by the city council in a resolution. (Prior code § 76037)

Before the engineer shall issue any permit to any person other than any department of the city, he shall collect from the applicant therefor a deposit, in an amount estimated by the engineer to be equal to the cost and expense of:

A. Backfilling any excavation, tunnel, or bore;

B. Restoring street surface, excavated or otherwise damaged, to the standard specified by the engineer;

C. Removing any temporary driveway or other obstruction resulting from work done under the permit;

D. Repairing or replacing any street improvement damaged as a result of the work. (Prior code § 76038)

No charge shall be made for any property which has been specially assessed to pay the costs and expenses of the construction of such improvement. (Prior code § 76039)

In the event a person does or performs or causes the doing or performing of any of the acts mentioned in sections 12.16.010 through 12.16.340 of this chapter, without securing a permit therefor (except in case of emergency as herein provided) the amount of the fee herein provided for such work shall be increased an additional fee as established by the city council in a resolution, and the payment of such additional amount of fee shall not excuse or in any way interfere with the enforcement of any of the provisions hereof. (Prior code § 76040)

When the engineer issues a permit to any department of the city, said department shall be liable for and shall pay the engineer his expenses in connection with any work he may do as the result of the issuance of said permit, in the same amount as any person is required to pay pursuant to the provisions hereof, except that each department shall not be required to pay any permit fee, or make a special or general deposit. (Prior code § 76041)

Monthly, the city manager shall send a bill to any or all of the departments of the city securing permits from the engineer pursuant to the provisions herein during the preceding calendar month for all work done, materials furnished, reasonable rental value of equipment used, and incidental expenses of the city in connection with said permits. (Prior code § 76042)

After such bill has been approved, audited and allowed, the general fund of the city shall be credited with the amount thereof. (Prior code § 76043)

Any person intending to do any work in, on, over or under any street, may make and maintain with the engineer a general deposit which shall be used for the same purpose or purposes as the charges required in sections 12.16.010 through 12.16.340 of this chapter. (Prior code § 76100)

A general deposit may be made as established by the city council in a resolution. (Prior code § 76101)

In lieu of making said general deposit, such person may file with the engineer a bond payable to the city of Redlands, executed by such person and by a surety company, conditioned that if such person fails to pay the bill for the reasonable cost and expense of the work done and performed by the engineer pursuant to the provisions of this division, then the surety will pay the same to the amount of such bond. (Prior code § 76105)

Such bond and the surety thereon must receive the approval of the city manager or city attorney of the city before the same shall be accepted by the engineer. (Prior code § 76106)

The amount of said bond shall be determined on the basis used for determining the amount of a general deposit. (Prior code § 76107)

Immediately upon the reduction of the obligation of such surety by payments made thereon, such bond shall be renewed and at all times maintained in the full amount herein required. (Prior code § 76108)

In the event that the estimated amount of any charges, special or general deposit shall prove to be insufficient, the engineer must cause the work done pursuant to the provisions of said permit to be stopped until such additional sum is deposited as will equal the estimated cost and expense. (Prior code § 76109)

Where any permit fee or special deposit has been paid more than once, or illegally, erroneously or wrongfully paid or collected, ninety percent (90%) of such permit fee and one hundred percent (100%) of such special deposit may be refunded by the city where a claim therefor, made on a form furnished by the city accountant, duly verified by the person paying such fee or special deposit, his attorney, duly authorized agent or guardian, or his executor or administrator, shall have been filed with the city accountant within thirty (30) days after the expiration of said permit, setting forth the name and address of the claimant, the amount and date of the payment sought to be refunded, and the reason or ground upon which the claim for refund is based, and said claim has been approved by the engineer. (Prior code § 76200)

Where any permit fee or special deposit has been paid and no work has been done under the permit issued therefor, no refund shall be made of such permit fee; but one hundred percent (100%) of such special deposit may be refunded by the city in the manner set forth in section 12.16.420 of this chapter. (Prior code § 76201)

A general deposit, or the balance of a general deposit, may be refunded to the person making such deposit, his attorney, duly authorized agent or guardian, or his executor or administrator, at any time after fifteen (15) days after all sums due and owing the city have been paid or deducted from said general deposit, and after all permits issued to the person making such deposit have expired, and all work authorized by any permit issued to said person has been completed and accepted by the engineer, when a claim therefor, duly verified by the person making such general deposit, his attorney, city authorized agent or guardian, his executor or administrator shall have been filed with the city, setting forth the name and address of the claimant, the amount and date of the payment of said general deposit, and when said claim has been approved by the engineer. (Prior code § 76202)

The surety on a bond filed in lieu of a general deposit may be released from liability thereon at any time after fifteen (15) days after all sums due and owing the city have been paid, and after all permits issued to the person filing such bond have expired, and all work authorized by any permit issued to said person has been completed and accepted by the engineer, when an application for release from such liability, duly verified by the principal and the surety, shall have been filed with the engineer setting forth the name and address of the surety, and the date, number, and amount of said bond. (Prior code § 76203)

The release of the surety from liability shall be effected by an order signed by the engineer and approved by the city attorney and the city manager, which order shall be filed by the engineer with the bond thereby released. (Prior code § 76204)

The permittee of any permit issued hereunder shall indemnify, save and hold harmless, against and from all damages, judgments, decrees, costs and expenditures which the city, or such officer or employee, may suffer, or which may be recovered from, or obtainable against the city, or growing out of or resulting from the exercising by the permittee of any or all of the rights or privileges authorized by said permit, or by reason of any act or acts of the permittee or its servants or agents, in exercising such authorization. (Prior code § 76300)

Such permittee shall have the right, at its option, to defend any suit that may be instituted against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the grantee of any or all of the rights or privileges authorized by said permit, or by reason of any act or acts of the permittee, or its servants or agents, in exercising said authorization. (Prior code § 76301)

In the event the city, or any officer or employee thereof, suffers any damage, or any person makes claims against the city, or any officer or employee thereof, by reason of or growing out of or resulting from the exercise by the permittee of any or all of the rights or privileges authorized by said permit, or by reason of any act or acts of the permittee, or its servants or agents in exercising said authorization, the city, or such officers or employees thereof, must give written notice thereof to the permittee as soon as practicable, but not less than five (5) days thereafter. (Prior code § 76302)

In estimating the five (5) days mentioned in section 12.16.490 of this chapter, the first day shall be excluded and the last day included. (Prior code § 76303)

Failure to give such notice shall not affect the liability of the permittee under section 12.16.470 of this chapter. (Prior code § 76304)