Chapter 6 — Permit Fees and Deposits

12600 - General.

Each applicant must pay an encroachment permit fee to cover the Department's direct and indirect costs for review of the application, issuance of the permit, and inspection of the encroachment work. The Commissioner may increase the fees when required as needed to meet all the Department's direct and indirect costs. Each fee rate must be established by the fees schedule.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12601 - Issuance, inspection, and engineering review fees.

Permit fees include an issuance fee, an inspection fee, and, when an engineering review of the encroachment work is required, an engineering review fee. All persons, except as otherwise provided in this Chapter, must pay the permit fees and all other costs and charges as established for the work described in this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12602 - Deposit of fees.

When required, the Director may collect permit fees and charges for potential repairs under the provisions of this Division and deposit them in respective funds from which the corresponding disbursements can be made.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12603 - Fee exemptions.

(a)

The following entities are exempt from paying the issuance fee:

(1)

The United States;

(2)

The State of California;

(3)

All departments and agencies of the County;

(4)

All municipal corporations;

(5)

All school districts; and

(6)

All special districts organized under state law.

(b)

The Director may issue a permit without fees in any of the following circumstances:

(1)

Where the work to be done has been requested by the County in connection with proposed public works, when no inspection of the encroachment work is required.

(2)

Where the permit is for a long-term encroachment, as described in Section 12502.

(3)

Where the work is done by entities listed in Section 12603(a) for routine maintenance in the roadway, where there is no excavation in the roadway.

(4)

When a special event is hosted by a non-profit organization.

(c)

Permits issued for the following are exempt from permit fees:

(1)

Sidewalk repairs;

(2)

Tree or root removal associated with sidewalk repair;

(3)

Tree or root removal necessitated by tree or root damage to existing improvements;

(4)

Removal of dying or dead trees; and

(5)

Trimming of trees.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12604 - Public welfare fee waiver.

If the Director determines that the waiver of any part of the fees is necessary to promote the safety and public welfare, the Director may in specific instances waive all fees and deposits.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12605 - Schedule of fees; double fees.

(a)

The fees and charges to be charged under this Division will be those in the fees schedule.

(b)

Where any person, without having first obtained a permit, does any act for which this Division requires a permit, the specified permit fees are doubled. Payment of such double fee does not relieve any person from any requirement of this Division or from any penalty prescribed by this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12606 - Permittee to pay for all costs.

(a)

The permittee is liable for and must pay for all the County's costs related to the permit, including but not limited to the following:

(1)

The permit issuance fee if that has not otherwise been paid;

(2)

Engineering, which includes design review, survey, and tests;

(3)

The cost of any inspection, transportation, or test made;

(4)

The cost of repairing or restoring the highways and all appurtenant facilities to the same or equal condition that they were in before the permitted activities;

(5)

The cost of furnishing or maintaining any traffic-control light, barricade, or warning device;

(6)

The cost of alteration, removal, replacement, or repair to traffic signals and devices; the cost of removal of temporary or permanent traffic stripes; and any other expense for traffic control;

(7)

The cost of removing or remedying any hazardous condition;

(8)

The cost of tree trimming; and

(9)

Any other cost to the Department caused by the permittee's activity.

(b)

Whenever, in the provisions of this Division, any costs are to be charged to any permittee and no other method for the calculation of such costs is specified, such costs are the actual costs, including overhead and depreciation in accordance with current practice in charging for work performed for the public, and as defined in the current fees schedule.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12607 - Deposit required.

(a)

Unless exempted from this requirement by law or by the Director, each applicant must, before obtaining a permit, deposit with the Director a sum of money sufficient to reimburse the Department in accordance with the fees schedule for restoring the right-of-way to its original condition, or for correcting any condition occasioned by or arising out of any failure by the permittee to comply with any condition of the permit. Where the size and nature of the project warrant, the Director may require an additional deposit to indemnify and reimburse the Department for work done by or for the County in correcting traffic hazards, unsafe conditions, or any emergency condition occasioned by or arising out of the doing of any act under the permit.

(b)

A billing deposit may be in the form of a general deposit to be maintained as security for all the permits issued to an applicant. If an applicant maintains a general cash deposit, it will be with the understanding that the applicant will pay all invoices sent to the applicant by the Commissioner for work described in this Division.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12608 - Return of deposit.

Within ninety (90) days after all permitted work has been satisfactorily completed and all permit conditions fulfilled, the Director will refund to the permittee the remainder of any deposit.

(Ord. No. 4540, §§ I, II, 3-19-2019)

12609 - Billing.

(a)

The Director may invoice the permittee for or deduct from the deposit or security made or maintained by the permittee all fees and costs chargeable under this Division.

(b)

If the permittee does not pay an invoice within thirty (30) days after it has been sent and the deposit or security is insufficient to pay the amount due, the Commissioner may enforce collection by legal means.

(c)

The Director may elect not to issue further permits to the permittee and may hold any deposits, guarantees, or bonds of the permittee as long as any invoice remains unpaid.

(Ord. No. 4540, §§ I, II, 3-19-2019)