Santa Fe Springs Municipal Code Part 3 Deposits

(A) Except in the case of construction under contract with the city where a faithful performance bond is posted which guarantees to the city the repair of the highway, including construction financed in whole or part by special assessments, each applicant for an excavation permit in addition to payment of the issuance fee shall make a special deposit with the Director of Public Works.

(B) Such special deposit shall be as follows:

(1) A sum per lineal foot of curb or curb and gutter to be removed, as set by City Council resolution.

(2) A sum per square foot of excavation to be made in or under any cement concrete pavement, as set by City Council resolution.

(3) A sum per square foot of each excavation to be made in or under any asphalt, asphalt concrete or macadamized pavement, as set by City Council resolution.

(4) A sum per square foot for each excavation to be made in or under any cement concrete sidewalk, as set by City Council resolution.

(5) A sum per square foot of each excavation to be made in or under any dirt surface, as set by City Council resolution.

(6) No deposit for any of the work described in this section shall be less than that amount set by City Council resolution.

(Ord. 164, passed 12-20-60; '64 Code, § 19-30)

In lieu of making the special deposit required in § 96.055, the applicant for an excavation permit may make and maintain with the Director of Public Works a general deposit in an amount estimated by the Director of Public Works to be sufficient to pay for the cost of permit issuance fees and expected repairs occasioned by future excavations or obstructions. The general deposit shall be held and used for the same purposes as the special deposit prescribed by § 96.055.

(Ord. 164, passed 12-20-60; '64 Code, § 19-31)

In lieu of making either a general or special deposit or to supplement a general deposit not sufficient in amount, the applicant for an excavation permit may file an undertaking with the Director of Public Works in a penal sum as set by City Council resolution, executed by a corporation incorporated for the purpose of making, guaranteeing or becoming a surety upon bonds or undertakings and by the applicant, conditioned upon the payment of all fees and other charges required by this subchapter which may become due because of any permits issued during a period of not less than one year.

(Ord. 164, passed 12-20-60; '64 Code, § 19-32)

While a general deposit is maintained or while an undertaking is filed, either or both of which are of an amount sufficient to cover the amount of deposit required for the making of an excavation or obstruction sought to be made, the applicant for an excavation permit need not make any special deposit.

(Ord. 164, passed 12-20-60; '64 Code, § 19-33)

If, in the opinion of the Director of Public Works, any special or general deposit or undertaking is not sufficient for the proper protection of the public interest in the highways in which it is proposed to excavate or on which it is proposed to place obstructions, the Director of Public Works may require an additional deposit or may require that the amount of the undertaking be increased to such an amount as he determines will be sufficient to protect such public interest.

(Ord. 164, passed 12-20-60; '64 Code, § 19-34)

The city shall deduct from any deposit made or maintained by the permittee holding an excavation permit:

(A) The permit issuance fee if that has not otherwise been paid.

(B) The cost to the city of refilling any excavation, removing any obstruction, or maintaining any right-of-way necessitated by the obstruction.

(C) The cost to the city for any resurfacing done by the Director of Public Works.

(D) The cost of any inspection by the Director of Public Works.

(E) Any other amount chargeable against the permittee pursuant to this subchapter.

(Ord. 164, passed 12-20-60; '64 Code, § 19-35)

If a person makes and maintains with the Director of Public Works either a general deposit or an undertaking as permitted by this subchapter, the deductions provided for in § 96.060 need not be made. In lieu of such deductions, the Director of Public Works may bill such person for the amount owed by him to the city under the provisions of this subchapter. If such amount is not paid within 15 days of the transmission of such bill, the Director of Public Works may deduct such amount from the general deposit and the provisions of §§ 96.060, 96.063 and 96.064 shall apply or the city may recover upon such undertaking.

(Ord. 164, passed 12-20-60; '64 Code, § 19-36)

The Director of Public Works, in his sound discretion, may waive the requirement of either a special deposit, or a general deposit, or a bond and may utilize the direct billing procedure authorized by § 96.061, with respect to any person which is a regulated public or private utility and which has maintained a satisfactory record of payment with respect to obligations due to the city. Any such waiver, once granted, may be revoked by the Director, should such satisfactory payment record not be maintained thereafter.

('64 Code, § 19-36.1; Ord. 412, passed 10-14-71)

If any deposit made pursuant to this subchapter is less than sufficient to pay all fees, costs and charges provided for in this subchapter, the permittee shall, upon demand, pay to the Director of Public Works an amount equal to the deficiency. If the permittee fails or refuses to pay such deficiency upon demand, the city may recover the same by action in any court of competent jurisdiction, including attorney's fees and court costs. Until such deficiency is paid in full, no permit shall be issued to such permittee.

(Ord. 164, passed 12-20-60; '64 Code, § 19-37)

After making the deductions specified in § 96.060, the city shall refund to the applicant any amount still remaining.

(Ord. 164, passed 12-20-60; '64 Code, § 19-38)