Tustin Municipal Code Part 3 Street Improvement Permits

For the purpose of this Part, the following words and phrases shall have the meanings respectively ascribed to them by this Section:

"Highway" means any public highway, public street, public way or public place in the territory of the City either owned by the City or dedicated to the public for purpose of travel.

"Person" means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, this State, any county, except the road department of this municipality, district or other political subdivisions thereof, or any other group or combination acting as a unit.

"Public Agency" means and includes the United States or any department or agency thereof, the State or any department or agency thereof, county, municipal corporation or public district.

"Street Commissioner and Commissioner" means the Street Commissioner of the City. (Ord. No. 197, Sec. 1)

It shall be unlawful for any person to lay, construct or repair any curb, sidewalk, gutter, driveway, roadway surface, retaining wall or storm drain or culvert in, over, along, across or through any highway without first obtaining a permit therefor from the Commissioner as herein provided. (Ord. No. 197, Sec. 2)

a Contents

An applicant for a permit shall state in his application:

1. The location, nature and extent of the work to be performed.

2. The materials to be used.

3. Such other information, including plans and specifications as the Commissioner may require. (Ord. No. 197, Sec. 7)

b Statement of liability

On each application the applicant shall sign a statement that he agrees to preserve and save harmless the City and each officer and employee thereof from any liability or responsibility for any accident, loss or damage to persons or property happening or occurring as a proximate result of any work undertaken under any permit granted pursuant to the application. (Ord. No. 197, Sec. 5)

c Plans to accompany

If in the opinion of the Commissioner the work proposed to be done requires the making of plans or the setting of stakes, or both, the Commissioner may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (Ord. No. 197, Sec. 13)

d Modifications

The Commissioner may require such changes in the application respecting the location, dimensions, method or manner of construction, installation or repair as may reasonably be necessary for the protection of the highway, the prevention of undue interference with traffic or to assure the safety of persons using the highway. (Ord. No. 197, Sec. 8)

e Issuance Fee

Except as otherwise provided in this Part each application for a permit hereunder shall be accompanied by an issuance fee of one dollar ($1.00). The issuance fee is required for the purpose of defraying the cost of processing the application for a permit and no part of the fee shall be returned irrespective of the disposition made of the application.

No permit issuance fee shall be required of any public agency entitled to exemption therefrom pursuant to Section 6103 of the Government Code of the State. (Ord. No. 197, Secs. 3 and 4)

f Deposit—Required

An applicant for a permit to construct any work except curbs, walks, gutters or highway surfaces for which no engineering or inspection fee shall be charged shall, in addition to the issuance fee, pay or make a deposit for engineering and inspection fees as follows:

1. For a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock:

(a) For each residential driveway, one dollar and fifty cents ($1.50).

(b) For each commercial driveway, ten dollars ($10.00)

2. For each residential driveway, culvert, one dollar and fifty cents ($1.50).

3. For all other work, an amount estimated by the Commissioner to be equal to twice the actual cost of all necessary engineering and inspection costs. (Ord. No. 197, Sec. 9)

g Exemption

If the United States, this State, this or any other county, any municipal corporation, school district or other public agency files with the Commissioner a written guarantee of payment of all costs for which it may become liable to the City hereunder, then no deposit for costs shall be required from such person. (Ord. No. 197, Sec. 4)

h Refund—Additional Payment

The engineering and inspection costs provided for in subsections 1 and 2 of Section 7232f shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless (1) the inspection or engineering fee was erroneously collected in which case the entire amount may be returned or (2) unless the driveway or culvert is not constructed or installed in which event the applicant may apply for a refund of the unused fees less a charge of one dollar and fifty cents ($1.50) for any final inspection which may be made. Where the deposit has been made under subsection 3 of Section 7232f the Commissioner shall deduct from the deposit the actual cost to the City of the required engineering and inspection plus the cost of overhead, not to exceed fifteen percent of the total cost. If such cost including overhead is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner as provided by law for the repayment of trust moneys. Nothing in this paragraph shall be construed as authorizing the repayment of any issuance fee.

If the cost exceeds the deposit, the permittee shall upon demand by the Commissioner pay the excess to the City. If payment is not made within fifteen days after such demand the City may recover the amount in any court of competent jurisdiction. Until such amount is paid, further permits under this Part shall not be issued to such permittee. (Ord. No. 197, Sec. 10)

i Issuance—Generally

If the applicant complies with every provision of this Part and with all applicable provisions of all other ordinances and statutes, the Commissioner shall issue to the applicant a written permit to perform the work set forth in the application. (Ord. No. 197, Sec. 14)

j Residential driveway construction under certain conditions

The Commissioner shall issue without any inspection fee or deposit therefor a permit to construct a residential driveway if the applicant for such permit pays the issuance fee and submits satisfactory evidence to the Commissioner that the driveway will be inspected by a competent governmental agency other than an agency of the City and such governmental agency will furnish a certificate to the effect that that portion of the driveway installed in the public right of way was inspected and complies with minimum standards required by the City. (Ord. No. 197, Sec. 11)

k Inspection by City

If an applicant receives a permit pursuant to the provisions of Section 7232j and the governmental agency referred to in that Section fails to make the inspection or fails to file the certificate there provided for within four months of the issuance of the permit, the Commissioner may himself inspect the driveway in which case the applicant shall pay to the Commissioner the actual cost of such inspection. (Ord. No. 197, Sec. 12)

l Work to commence within sixty days

Every permittee shall commence the proposed work within sixty (60) days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. (Ord. No. 197, Sec. 15)

m Cancellation

The Commissioner may cancel the permit unless the work authorized therein is commenced within sixty (60) days of the issuance of the permit and thereafter, in the opinion of the commissioner, is diligently prosecuted to completion. Cancellation may be effected by giving written notice thereof by sending the same to the applicant by ordinary mail to the address shown on the application. (Ord. No. 197, Sec. 16)

n Refunds

When a permit has been cancelled by the Commissioner the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded. (Ord. No. 197, Sec. 17)

a Standards

The permittee shall perform all work in accordance with the plans, if plans are made, and specifications referred to in the permit and to the satisfaction of and under the supervision of the Commissioner. In addition, all work to be performed in, upon or across highways shall be in accordance with and conform to the County standards established by County Ordinance No. 612. The Commissioner may waive inspection if he believes such inspection is not necessary for the best interests of the City. (Ord. No. 197, Sec. 20)

b Relocation of Structures, Utilities, Etc.

If so required by the Commissioner 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 Commissioner may elect to do the necessary relocation, in which event the permittee shall deposit with the Commissioner a sum of money estimated by him to be sufficient to pay the cost thereof. After such relocation a refund shall be paid to or a deficiency shall be paid by the permittee as provided in Section 7241h. (Ord. No. 197, Sec. 18)

c Lines and Grades

Before a permittee performs any work covered by this Part, he shall obtain from the Commissioner the lines and grades thereof. Where the work proposed to be done consists of or includes the laying or constructing of a culvert in or upon a highway, the Commissioner may specify in any permit issued therefor the size, the type of material, and the grade of the culvert. (Ord. No. 197, Sec. 19)

d Setting of Additional Stakes

If any stakes set for any work covered by this Part are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the Commissioner to be sufficient to pay the cost of setting such additional stakes. The Commissioner shall set the additional stakes. After such setting, a refund shall be paid to, or a deficiency shall be paid by, the permittee as provided in Section 7241h. (Ord. No. 197, Sec. 21)

e Barriers and Warning Lights

A permittee shall place and maintain at each end of the work, not more than fifty (50) feet apart along the side thereof, unless otherwise directed by the Commissioner from sunset of each day until sunrise of the following day until the work is entirely completed, flares or red warning lights. He shall also place and maintain barriers not less than three feet high at each end of the work until the work is completed to the entire satisfaction of the Commissioner, and shall take such other precautions as may be necessary for the protection of the traveling public. The Commissioner may, as a condition of the issuance of a permit, specify such additional safety devices or measures to be used by the permittee, but the failure of the Commissioner to so specify the devices or measures shall not relieve the permittee of his obligation hereunder. (Ord. No. 197, Sec. 23)

Not less than eighteen (18) hours before the commencement of any work covered by this Part, the permittee shall apply in writing to the Commissioner for an inspector therefor. In such application he shall specify the day and hour when, and the location at which, the work will be commenced. (Ord. No. 197, Sec. 22)

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. 197, Sec. 27)

Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the Commissioner in writing. (Ord. No. 197, Sec. 24)

If the Commissioner by survey or by inspection or by both ascertains that the work has been completed according to the requirements of the permit issued therefor, and of all of the provisions of this Part, he 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. 197, Sec. 25)

Every person who performs any work covered by this Part in an amount greater than or in any way different from, or contrary to the terms of any permit issued therefor, is guilty of a misdemeanor. (Ord. No. 197, Sec. 26)