Chapter 4 — 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.

Application for a permit required by this chapter shall be made in accordance withChapter 1 of this division. 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 may require.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If, in the opinion of the Director, 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, the Director 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.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

Every person applying for a permit required by this chapter shall at the time of making application for the permit pay an issuance fee. The amount of said fee shall be prescribed by the Board of Supervisors.

(Amended by Ord. No. 5971 (N.S.), effective 2-12-81; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9290 (N.S.), effective 2-11-01; amended by Ord. No. 9969 (N.S.), effective 4-11-09)

An applicant for a permit to construct any work shall, in addition to the issuance fee, pay or make a deposit for engineering review and inspection services as follows:

(a) An amount estimated by the Director to be equal to twice the actual cost of all necessary engineering review and inspection services.

(b) 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 deposit. The amount of said deposit shall be determined by resolution no less than annually by the Board of Supervisors.

(Amended by Ord. No. 2325 (N.S.), effective 3-15-62; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 7986 (N.S.), effective 11-7-91; amended by Ord. No. 9750 (N.S.), effective 3-12-06; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

(a) Where the deposit has been made under Subsection (a) and (b) of Section 71.408, the Director shall deduct from the deposit the amount of the issuance fee and the actual cost to the County 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 County. If it is not paid within 15 days, the County may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued to such permittee.

(Amended by Ord. No. 2325 (N.S.), effective 3-15-62; amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

If so required by the Director, 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 may elect to do the necessary relocation. In such case the permittee shall deposit with the Director a sum of money estimated 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 Section 71.409.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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 to be sufficient to pay the cost of setting such additional stakes. The Director 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 Section 71.409.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

(Repealed by Ord. No. 2325 (N.S.), effective 3-15-62)

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.

Unless a good and sufficient reason exists for the failure of the permittee to comply with the provisions of Section71.414, the Director may revoke the permit.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective

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 a misdemeanor.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

The permittee shall perform all work in accordance with the plans, if plans are made, and the specifications entitled “The Standard Specifications For Public Works Construction”, on file with the Director, and, further, to the satisfaction of the Director.

The Director may waive inspection, if the Director believes such inspection is not necessary for the best interests of the County, provided, however, any such waiver shall be in writing.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

Not less than 24 hours before the commencement of any work regulated by this chapter, the permittee shall apply in writing to the Director for an inspector therefor. Such application shall specify the day and hour when, and the location at which, the work will be commenced.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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 from sunset of each day until sunrise of the following day, until the work is entirely completed, flares or red warning lights. The permittee 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.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

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.

Whenever any permittee has completed any work for which a permit has been granted, the Director shall be notified in writing.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

If the Director 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 division, the Director 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.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

The inspection, or approval, or acceptance of work or materials shall not relieve the permittee of any obligations to perform and complete the work according to the permit, the plans, if plans are made, and the specifications referred to in Section 71.418 and Section 71.419.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82)

Upon order of the Director, any work or material which does not conform to the permit, the plans, if plans are made, and the specifications referred to in Sections 71.418 and 71.419 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.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

By applying for and obtaining a permit pursuant to this division, the permittee agrees with the County 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 Sections 71.418 and 71.419, or fails to comply with any other provisions of this division, the County may elect to perform and complete the work, in which event the permittee shall pay to the County upon demand of the Director and prior to actual performance and completion of the work by the County 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 County's forces or by an independent contractor, whichever method the Director deems appropriate, and in the event the permittee fails to pay such cost to the County upon demand, the County may bring an action in a court of competent jurisdiction to recover such cost together with reasonable attorney’s fees.

(Amended by Ord. No. 6453 (N.S.), effective 11-11-82; amended by Ord. No. 10646 (N.S.), effective 2-14-20)

Any work performed contrary to the permit, the plans, if plans are made, and the specifications referred to in Section 71.418 and Section 71.419 is hereby declared to be a public nuisance, and upon order of the Board of Supervisors, the County Counsel shall immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.