San Leandro Municipal Code Art. 3 Permit—Issuance—Conditions

(Legislative History: Ordinance No. 93-013, 8/16/93, Sections 7-12-300 — 7-12-305)

(a) A permit issued under this Chapter authorizes only the work described or illustrated in the permit as issued or on the site plans and specifications constituting a part of the permit.

The applicant shall bear full responsibility for the performance of the work in accordance with the approved plans and specifications and any approved modifications thereof, and also shall bear full responsibility for accomplishing the work in accordance with the recommendations of the civil engineer in charge during the progress of the work.

The applicant or designated superintendent shall be present at all times work is in progress and shall be completely responsible for the supervision and direction of all personnel and equipment performing work under the grading permit.

(b) No permit issued under this Chapter shall be deemed to relieve the applicant or any property owner of responsibility for securing any required permit for work to be done regulated under any other law, any department, or any division of the City.

(c) A permit issued under this Chapter shall not relieve any person from liability, nor impose liability on the City, for damage to persons or public or private property; nor shall compliance with such permit or any conditions therein relieve any person from such liability.

In granting any permit under this Chapter, the City Engineer may attach such conditions thereto as he or she deems reasonably necessary to safeguard life, public and private property, and to insure that the work will be carried out in an orderly manner in conformance with all regulations and without creating a public nuisance; and he or she may add to, remove, or change such conditions from time to time during the duration of the permit as he or she deems reasonably necessary as a result of changed conditions or otherwise. Such conditions may include, but shall not be limited to:

(a) Limitations on the hours of operations, days of operations or the period of the year in which the work may be performed.

(b) Restrictions as to the size and type of equipment to be used.

(c) Prohibition or restriction on the use of explosives.

(d) Designation of the routes over which the materials may be transported.

(e) Requirements as to the suppression of dust and prevention against spilling or tracking of dirt, and the prevention of excessive noise or other results offensive or injurious to the neighborhood and the general public, or any portion thereof.

(f) Regulations as to the use of public streets and places in the course of the work.

(g) Regulations for the repair and cleaning of streets and other public facilities if their safe, operable, and clean condition has been jeopardized.

(h) Requirements for safe and adequate drainage of the site.

(i) A requirement that approval of the City Engineer be secured before any work which has been commenced may be discontinued.

(j) A requirement that men and equipment be provided at the site during storms to prevent damage to other property from flooding or the depositing of material washed from the site.

(k) Requirements for fences, barricades or other protective devices.

(l) Requirements pertaining to reshaping and planting the site, including the limit for such work.