San Marino Municipal Code Art. 03 Street Improvements Under Private Contract

The word "improvement", as used in this Article shall be deemed to mean and include the following:

A. Grading, paving, oiling or graveling.

B. The construction of sidewalks, curbs, gutters, driveway entrances, retaining walls, steps, bridges, culverts, catch basins, tunnels, subways or viaducts.

C. The construction or installation of sanitary sewers, together with appurtenant manholes, flush tanks, tunnels and viaducts.

D. The construction or installation of conduits, vaults, poles, channels or ditches for drainage purposes, together with appurtenant manholes, culverts, catch basins, tunnels or viaducts.

E. The construction or installation of pipes for domestic water supply and fire protection, together with appurtenant hydrants, tunnels or conduits.

F. All other work which may be deemed necessary to improve the whole or any portion of such streets, avenues, lanes, alleys, courts, places, public ways or property rights of way owned by the City.

G. All other work auxiliary to any of the provisions of this Section which may be required to carry out the same. (1954 Code §19.21)

A. It shall be unlawful for any person, as principal, agent or contractor, to make any improvements in any of the streets of the City, by or under private contract, unless permission from the Director of Public Works therefor is first secured and unless the deposit required by Section 16.03.03 of this Article is made. (1954 Code §19.22; 1994 Code)

B. Any permission granted by the Director of Public Works for the making of any improvement by or under private contract shall be deemed to have been made subject to the terms of this Article. (1954 Code §19.23; 1994 Code)

A. Deposit Required:

1. Before any permission, as provided by Section 16.03.02 of this Article shall become effective for any purpose, there shall be deposited with the Director of Public Works such sum of money or, in lieu thereof, a certified check in like amount, as may be estimated by the Director of Public Works to be necessary to cover the cost of inspection and the supervision by their respective departments for the improvement.

2. Utilities operating under the jurisdiction of the Public Utilities Commission of the State are exempt from the requirements of this subsection. (1954 Code §19.25; 1994 Code)

B. Deduction of City's Cost and Return of Remainder: Upon acceptance of the deposit required by subsection A above by the Director of Public Works, he/she shall deduct from the deposit the cost to the City of inspection and supervision thereof and such expenses as shall have been incurred by the Director of Public Works in connection with the improvement. The remainder of such deposit, if there is any, shall be returned to the person making the same upon demands approved, audited and allowed as in the case of other demands against the City. (1954 Code §19.26; 1994 Code)

C. Additional Sums: In the event that the estimated cost of inspection and supervision of the private improvement of the Director of Public Works' expenses shall be too small and the deposit required by subsections A and B of this Section shall prove to be insufficient, the Director of Public Works may cause the work of making such improvements to be stopped until such additional sum is deposited as will cover such costs, in which case, it shall be unlawful to continue the work until such additional sum is deposited. (1954 Code §19.27; 1994 Code)

D. Account of City Expenses Incurred: It shall be the duty of the City Engineer and the Director of Public Works to cause to be kept a just and true account of all expenses incurred by their respective departments in connection with private improvements as provided for by this Article. (1954 Code §19.29; 1994 Code)

The Director of Public Works shall be given at least twenty four (24) hours' notice, in writing, of the time of commencement of the work of making any private improvement, permission to make which is granted under the provisions of this Article, in order that he/she may procure and assign an inspector to inspect the same. In case the services of the City Engineer are required for laying out any portion of the work, twenty four (24) hours' notice shall be given the Director of Public Works of the time when such services shall be required. It shall be unlawful for any person, as principal, agent or contractor, to commence any such work until after the notice required by this Section has been given. (1954 Code §19.28; 1994 Code)

A. Improvements coming under the provisions of this Article shall be made under the direction and to the satisfaction of the Director of Public Works, and all work shall, during its progress and on its completion, conform to the lines and levels which may, from time to time, be given or approved by the Director of Public Works. (1954 Code §19.24; 1994 Code)

B. It shall be the duty of the Director of Public Works to cause the improvements made by or under private contract to be duly inspected and supervised during the progress of the work thereupon and otherwise to carry out the provisions of this Article. (1954 Code §19.30; 1994 Code)