Chapter 14.16 — CONSTRUCTION ON OR WITHIN A PUBLIC PLACE

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, amended the title of Ch. 14.16 to read as herein set out. The former Ch. 14.16 was entitled "Street and Sidewalk Construction."

This Permit and associated bonds and surety documents in amounts approved by the Director are required for any construction or replacement of above ground or underground improvements in the Right-of-way or other Public Place, including utilities such as water, sewer, gas and electric lines, and for permanent or semi-permanent Encroachments into any public or private Utility easement. Chapter 14.12 shall govern temporary Excavations, fills, and obstructions within the Right-of-way or other Public Place.

(Ord. No. 2022-1521, § 2, 9-13-2022)

No Person shall perform, or cause to be performed, without first obtaining a Permit from the Director, the following:

(a)

Encroach or make any Encroachment within, on, over, or under Right-of-way or other Public Place;

(b)

Make any alteration within, on, over, or under Right-of-way or other Public Place;

(c)

Construct, put on, repair, maintain, or leave on a Right-of-way or other Public Place any obstruction or impediment;

(d)

Place on, over, or under a Right-of-way or other Public Place any pipeline, conduit, or other fixture or Facility;

(e)

Place any curb, gutter, Sidewalk, Driveway, roadway surface, Structure, wall, storm drain, culvert, or similar Encroachment;

(f)

Make any Excavation or embankment so as to lessen or restrict the normal usage of the Right-of-way or other Public Place.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, deleted § 14.16.030 entitled "Residential Driveway Permit."

At a minimum, the application for a Permit required by this Chapter shall be made in accordance with Chapter 14.04. The application shall meet the following administrative requirements:

(a)

The name, address, email, and phone of the following:

(1)

Person requesting the proposed work;

(2)

Person proposed to perform the work;

(3)

Person proposed to perform the required paving and/or surface restoration;

(4)

Person or entity responsible for the perpetual maintenance and repair of the work;

(5)

Entity responsible for the inspection of the work.

(b)

Applicable State license information for the constructing contractor(s) as required to perform the work in the application;

(c)

Current City business license;

(d)

Twenty-four-hour phone number for emergencies;

(e)

Insurance certificate in a form acceptable to the City additionally insuring the City, its officers, and employees as per Section 14.12.150;

(f)

Schedule including the estimated duration that such Excavation or obstruction will exist;

(g)

Cash deposit, bond, or surety in a form acceptable to the City guaranteeing the performance of the work, restoration of the Public Place, and satisfactory performance of the restoration for a 12-month warranty period, as per Section 14.12.150;

(h)

Permit fees;

(i)

Other such information as may be required by the Director.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Each application shall contain exhibits and/or Engineering plans. If, in the opinion of the Director, the work proposed to be done requires the making of Engineering plans or the setting of stakes, or both, the Director may require the application to be accompanied by the necessary Engineering plans, which plans shall be prepared by a qualified and competent Civil Engineer.

The exhibits and/or Engineering plans shall adequately depict the following information:

(a)

Location of the work;

(b)

Property lines, Right-of-way, and easement information;

(c)

The location of existing and proposed above ground and underground Facilities;

(d)

The location of any existing facilities and the location of proposed underground facilities including:

(e)

Structural detail and additional information for Structures to be installed;

(f)

Cross section for underground installations indicating:

(1)

The approximate depth of the Facility to be installed;

(2)

Trench backfill depth, compaction and layer depths;

(3)

Pavement section detail (type and depths).

(g)

Cross section of proposed improvements;

(h)

The proposed construction methods and applicable Standards for construction;

(i)

A Traffic Control plan and/or applicable Work Area Traffic Control Handbook (WATCH) Standards.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Editor's note— Ord. No. 2022-1521, § 2, adopted Sept. 13, 2022, deleted § 14.16.060 entitled "Applicant for Concrete Box."

If, in the opinion of the Director, the construction of any length of curb or Sidewalk less than the full distance between Street intersections would create a condition hazardous to the traveling public using the Street, the Director may require construction to extend the full distance between Street intersections and/or 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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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 which will be set by Director based on a reasonable estimate of staff time associated with and/or necessitated by such Permit, which amount may be updated from time to time.

(Ord. No. 2022-1521, § 2, 9-13-2022)

The Director may administratively establish a requirement that an Applicant for a Permit to construct any work, or specific types of work, shall, in addition to the issuance fee, pay or make a deposit for an inspection fee or as follows:

(a)

When a deposit is required, the initial deposit shall be in an amount estimated by the Director to be equal to twice the City's actual cost of all necessary inspection based upon the Director's reasonable estimate of staff time associated with and/or necessitated by such Permit;

(b)

A flat fee for the Inspection based upon the then-current fee schedule for inspection of the work, the amount of which will be set by Director based on a reasonable estimate of staff time associated with and/or necessitated by such Permit, which amount may be updated from time to time.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Where the deposit has been made under subsections (a) and (b) of Section 14.16.090, the Director 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, upon request the difference shall be refunded to the Person making the deposit in the same manner as provided by Section 14.04.100 of this Code.

(b)

If the cost, plus the issuance fee, exceeds the deposit, the Permittee shall pay the excess to the City. If they do not so pay within 15 days, the City may recover such sum administratively, and/or in any court of competent jurisdiction. Until such amount is paid, further Permits shall not be issued to such Permittee.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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 perform the necessary relocation. In such case the Permittee shall deposit with the Director a sum of money estimated by the Director to be sufficient to pay the cost thereof. After such relocation, a refund shall be paid upon request, or a deficiency shall be paid by the Permittee, as provided in Section 14.16.100.

(Ord. No. 2022-1521, § 2, 9-13-2022)

If survey monuments are located in the vicinity of the proposed work and/or could potentially be impacted, disturbed, or removed by the proposed work, or if the Director requires the establishment of new survey monuments associated with the proposed work, the Permittee shall deposit a sum estimated by the Director to be sufficient to pay the cost of setting and establishing or re-establishing the applicable record(s) for the monuments.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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

(Ord. No. 2022-1521, § 2, 9-13-2022)

Every Permittee shall commence work promptly after Permit issuance and shall thereafter prosecute the work in a continuous, diligent, and workerlike manner to completion.

(a)

The Director may cancel a Permit unless the work is commenced within 60 days of the issuance thereof.

(b)

Any Permit is automatically rendered null and void if work is not started six months after date of issuance.

(c)

The Applicant shall prosecute with diligence and to the satisfaction of the Director all work covered by the Permit.

(d)

The Director shall fix the time for completion of the work at permit issuance.

(e)

The Director may at its sole discretion extend the period of time for completion for a sufficient time to enable work completion.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Unless in their opinion a good and sufficient reason exists for the failure of the Permittee to comply with the provisions of Section 14.16.140, the Director may revoke the Permit.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

Permittee shall perform all work in accordance with the applicable Standards and approved plans and other Permit documents.

(b)

Every Person who performs any work covered by this Chapter in any way different from or contrary to the terms of any Permit issued therefor, is guilty of an infraction.

(c)

At the discretion of the Director, nonconforming work shall be removed at the Permittee's sole cost.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Before a Permittee performs any work regulated by this Chapter, they shall obtain approval from the Director of the lines and grades therefor.

(Ord. No. 2022-1521, § 2, 9-13-2022)

(a)

The Director may waive inspection, if they believes such inspection is not necessary for the best interests of the City.

(b)

Any such waiver of inspection shall be issued to the Permittee in writing.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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

(Ord. No. 2022-1521, § 2, 9-13-2022)

Not less than 48 hours before the commencement of any work regulated by this chapter, the Permittee shall apply in writing to the Director for an inspector therefor. In such application they shall specify the day and hour when, and the location at which, the work will be commenced.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

A Permittee shall place and maintain Traffic Control, warning devices, and safety lighting within the work area as required by the Director. Traffic Control and warning devices shall conform to the Standards, the Manual on Uniform Traffic Control Devices, and applicable law.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Whenever any Permittee has completed any work for which a Permit has been granted, they shall so notify the Director in writing.

(Ord. No. 2022-1521, § 2, 9-13-2022)

If the Director by inspection ascertains that the work has been completed according to the requirements of the Permit, issued therefor and all of the provisions of this Title, they 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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

The inspection, or approval, or acceptance of work or materials shall not relieve the Permittee of any of their obligations to perform and compete the work according to the Permit, the plans, if plans are made, and the Specifications.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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 14.16.180 and 14.16.190 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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

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, 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 and prior to actual performance and completion of the work by the City or its contractor, any and all costs associated with 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 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.

(Ord. No. 2022-1521, § 2, 9-13-2022)

Any work performed contrary to the Permit, the plans, if plans are made, and the specifications referred to in Sections 14.16.180 and 14.16.190 is declared to be a public nuisance, and the City Attorney may immediately initiate proceedings necessary for the abatement, enjoinment, and removal thereof in the manner provided by law.

(Ord. No. 2022-1521, § 2, 9-13-2022)

The requirement of reimbursement to the City for Capital Improvement Program projects shall occur in accordance with Chapter 17.54.

(Ord. No. 2022-1521, § 2, 9-13-2022)