Sierra Madre Municipal Code Ch. 12.08 Construction and Repair

A. Every person, before commencing the construction of any sidewalk, curb, gutter, crosswalk or the grading of any street, or any other street work on any public street, alley or place within the city, except where such work is to be done under a public contract for the same, shall make application to the city council for a permit to do such work, and it is unlawful for any person to do any street work without such permit first having been obtained from the city council to do so. The application for the permit shall be made on a printed form to be supplied by the city clerk, and it shall specify the place where the improvement is to be made, the nature and extent of the improvement, the time within which the work shall be commenced and when the same shall be completed and finished, and shall contain a statement that the permit is asked for and that the work therein described will be done subject to the terms and provisions of this chapter.

B. All such work, upon permission being granted therefor, must in all cases be done under the direction and to the satisfaction of the superintendent of streets within the time specified in the application in accordance with the city's specifications for work of that class, and on lines and grades to be given by the city engineer.

C. If the work does not, in the judgment of the street superintendent, comply with the specifications therefor and the terms of this chapter, the street superintendent shall notify the person to whom the permit was granted of the defect or failure of performance of the work and shall require such person within five days of the service of such notice to proceed to remedy such defect. Such notice shall be written or printed and shall be served personally or by leaving it at the residence or place of business of such person, or if such person cannot be found, and such place of business or place of residence is unknown or is outside the city, the notice may be served by depositing it in the post office, postage prepaid, addressed to the person holding such permit at such place of business or residence, if known, or if unknown, in the city.

D. If such notice is not complied with, the street superintendent shall thereupon report such noncompliance to the city council and thereafter the city council shall not grant any permit to such person to do street work by private contract within the city until he has made full compliance with the terms of the notice. And if such failure or defect in performance relates to the construction of cement walks or cement curbs the city council may order the same taken up and removed from the street at the expense of the holder of such permit, which expense all applicants by making application hereunder hereby agree to pay.

(Prior code § 6200)

A. Every applicant at the time of filing his application and before the same is presented to the city engineer or before the same is presented to the city council, shall deposit with the city the following fees:

1. Construction Permit Fee.

Street, curb, gutter, sidewalk, sewer and storm drains:

a. $30.00 minimum fee.

6% of valuation, $500—$2,500.

5% of valuation, $2,500—$5,000, plus $150.

3% of valuation, $5,000—$10,000, plus $275.

2% of valuation over $10,000, plus $425.

b. Professional services, actual cost plus fifty percent administrative overhead costs.

2. Excavation Permit Fee.

a. Unpaved Areas.

$10.00 minimum fee.

.10 per lineal foot, 100′—500′.

$50.00 plus .05 per lineal foot, 500′—1,000′.

$75.00 plus .025 per lineal foot, over 1,000′.

b. Paved Areas.

$20 minimum fee.

.40 per lineal foot, 50′—200′

$80.00 plus .20 per lineal foot 100′—500′.

$160.00 plus .10 per lineal foot, 500′—1,000′.

$210.00 plus .06 per lineal foot, over 1,000′.

c. Excavation Other Than Pipelines.

Unpaved: $10.00 minimum plus .20 per square foot over 50 square feet.

Paved: $20.00 minimum plus .40 per square foot over 50 square feet.

B. Every such applicant shall also deposit with the city engineer a sum sufficient to cover estimated contingencies arising from such permits, and the amount collected for same shall be paid into the general fund of the city and the street department credited therewith; and also the payment of costs of removing all waste or surplus materials left after the work has been done, and the costs of repairing all damage caused thereby to the street or sidewalk; provided, the contractor fails to remove such waste or surplus material; and the street superintendent shall refund to the person to whom such permit was issued any balance of the aforesaid deposit remaining in his hands after deducting the fees of the inspector and the costs above specified.

C. No engineer other than the city engineer shall be permitted to set stakes or give the lines and grades for the improvements.

D. No permit shall be issued under this chapter for any work on any street when such work is about to be done thereon by public contract.

E. It is the duty of the city engineer upon the payment to him of the fees, as aforesaid, and upon permission for the work being granted by the city council to give the lines and grades for the performance of such work, and to inspect the same and, if found to be on line and grade, to issue a certificate in duplicate of acceptance of the same as to line and grade, and give one of such certificates to the holder of the permit and file one with the street superintendent.

F. If application be made for a permit for grading or any street work other than for the construction of a cement sidewalk or cement curb, or cement gutter, the applicant shall, if such application be granted, before commencing work thereunder, deposit with the city clerk a sum of money sufficient to pay the city engineer for the engineering work that will be required in the performance of such street work, which amount shall be fixed by the city council at the time of granting such permit, and such permit shall not go into effect or be issued until the payment of such fees.

G. It is the duty of the street superintendent to inspect all street work done by private contract under the terms of this chapter and report to the city council any neglect or failure to comply with the terms of this chapter and the permit granted in accordance of such work, and to notify the holder of such permit of any failure or neglect of performance in the manner above specified.

H. Upon completion of the work to be done under any such permit, is the duty of the street superintendent to make a final inspection thereof, and if the same is found to be in accordance with the specifications for the same and in compliance with the terms of this chapter, and if a certificate of the city engineer has been filed with him showing the same to be on line and grade, he shall issue a final certificate in duplicate, of acceptance thereof, one of which certificates shall be delivered to the holder of such permit and the other placed on file in the office of the street superintendent.

(Ord. 1008 §§ 2, 3, 1983; prior code § 6201)

A. Whenever in the opinion of the city council, the public interest and convenience may require, the street superintendent is authorized and empowered to require the owners or occupants of lots, or portions of lots fronting on any curb constructed on any street, and on the same side of the street where such curb is located, to repair or reconstruct such curb in the event the use of any driveway previously constructed or installed in, upon or through such curb has been abandoned. The street superintendent shall give written notice thereof to the owners of the adjoining premises, or to their agents or to the occupants of such premises, or by leaving a copy of such notice on such premises.

B. The notice shall contain a description of the work required to be done and shall designate the materials to be used and specify the manner in which the work shall be done.

C. Any owner, agent or occupant of any such premises, within thirty days after notice given as provided herein, shall commence the work of repair or reconstruction, or both, and shall do the work and in the manner and with the materials specified in the notice.

D. No owner, agent or occupant of any such premises, where notice is given as provided herein, shall fail, refuse or neglect to begin the work required in the notice within the time permitted herein, nor shall any such person after having begun such work, fail, refuse or neglect to prosecute the work diligently to completion in the manner and with the materials specified in said notice.

(Prior code § 6202)