Yorba Linda Municipal Code Ch. 12.08 Construction and Repair of Sidewalks, Curbs and Culverts

The following terms, as used in this chapter, shall, unless the context clearly indicates otherwise, have the respective meanings set forth in this section:

"Highway"

means any public highway, public street, public way or public place in the City which has been acquired by the City by purchase, dedication or condemnation proceedings.

"Person"

means any individual, firm, copartnership, joint venture, association, corporation, estate, trust, business trust, this State, any City including this City, and all departments and bureaus thereof, except the Department of Public Works of this City, district or other political subdivisions thereof or any other group or combination acting as a unit.

"Public agency"

means the United States or any department or agency thereof, the State or any department or agency thereof, any municipal corporation or public district.

(Prior code § 29-8)

It is 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 Department of Public Works as provided in this chapter.

(Prior code § 29-9)

An applicant for a permit under this chapter shall state in his or her application:

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

B. The materials to be used;

C. Such other information, including plans and specifications, as the Department of Public Works may require.

(Prior code § 29-10)

The Department of Public Works 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, for the prevention of undue interference with traffic or to assure the safety of persons using the highway.

(Prior code § 29-11)

Except as otherwise provided in this chapter, each application for a permit under this chapter shall be accompanied by an issuance fee established by resolution adopted by the City Council. 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.

(Prior code § 29-12)

A. An applicant for a permit to construct any work shall, in addition to the issuance fee, pay for engineering and inspection fees as established by resolution adopted by the City Council, except as follows:

B. For all other work not covered by resolution adopted by the City Council, an amount established by the Department of Public Works, to be equal to twice the actual cost of all necessary engineering and inspection costs shall be charged as a deposit.

(Prior code § 29-13)

A. The Department of Public Works 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 Department of Public Works 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.

B. If an applicant receives a permit pursuant to the provisions of subsection A of this section and the governmental agency referred to in that section fails to make the inspection or fails to file the certificate therein provided for within four months of the issuance of the permit, the Department of Public Works may inspect the driveway, in which case the applicant shall pay to the Department of Public Works the actual cost of such inspection.

(Prior code § 29-14)

If the United States, this State, this or any other City, any municipal corporation, school district or other public agency files with the Department of Public Works a written guarantee of payment of all costs for which it may become liable to the City under this chapter, then no deposit for costs shall be required from such person.

(Prior code § 29-15)

A. The engineering and inspection costs provided for in Section 12.08.060 shall be presumed to be the actual cost. A refund thereof shall not be made to any applicant unless:

1. The inspection and engineering fee was erroneously collected, in which case the entire amount may be returned; or

2. Unless the work is not constructed or installed, in which event the applicant may apply for a refund of the unused fee.

B. Where the deposit has been made under subsection A of Section 12.08.060, the Department of Public Works 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 money. Nothing in this subsection shall be construed as authorizing the repayment of any issuance fee.

C. When a permit has been canceled by the Department of Public Works, the permittee may obtain a refund of any unused fee paid or deposited. No part of any issuance fee may be refunded.

(Prior code § 29-16)

If the cost exceeds the deposit, the permittee shall, upon demand by the Department of Public Works, 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 chapter shall not be issued to such permittee.

(Prior code § 29-17)

If the applicant for a permit under this chapter complies with every provision of this chapter and with all applicable provisions of this Code and all other ordinances and statutes, the Department of Public Works shall issue to the applicant a written permit to perform the work set forth in the application.

(Prior code § 29-18)

A. Unless the Director of Public Works shall have authorized the applicant for a permit under this chapter to perform the construction and repair of sidewalks, curbs, culverts, etc., in public rights-of-way, each applicant shall, in addition to the issuance fee for a permit under this chapter, deposit with the Director of Public Works the estimated cost of construction or repair of sidewalks, curbs, culverts, etc., in public rights-of-way which may be damaged or destroyed. The special deposit required hereunder shall in no event be less than two hundred fifty dollars. The estimated cost shall be determined by the Director of Public Works. The City Council may from time to time change and revise the method of determining the estimated cost.

B. In cases where the applicant is granted authority to make the repairs required under this chapter, the Director of Public Works may, in order to ensure the completion of such repairs in a satisfactory manner, require the applicant to furnish a surety bond. Such bond shall be executed by a surety company authorized to transact business in the State and shall be in an amount equal to twice the estimated cost of performing the work authorized; provided, that the minimum amount of such bond shall not be less than one thousand dollars, nor shall the minimum period be less than one year. The condition of such bond shall be that the applicant will perform the work authorized by any permit issued pursuant to this chapter in a good and workmanlike manner and to the satisfaction of the Director of Public Works.

(Prior code § 29-18.1)

On each application for a permit under this chapter, the applicant shall sign a statement that he or she 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.

(Prior code § 29-19)

If, in the opinion of the Department of Public Works, the work proposed to be done requires the making of plans or the setting of stakes, or both, the Department of Public Works may require the application to be accompanied by the necessary plans, which plans shall be prepared by a competent engineer.

(Prior code § 29-20)

Every permittee under this chapter shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work to completion in a diligent and workmanlike manner. The Department of Public Works may cancel a permit issued pursuant to this chapter unless the work authorized therein is commenced within sixty days of the issuance of the permit and the work thereafter, in the opinion of the Department of Public Works, 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.

(Prior code § 29-21)

Not less than twenty-four hours before the commencement of any work covered by this chapter, the permittee shall apply in writing to the Department of Public Works for an inspection therefor. In such application, he or she shall specify the day and hour when, and the location at which, the work will be commenced.

(Prior code § 29-22)

If so required by the Department of Public Works, the permittee under this chapter 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 Department of Public Works may elect to do the necessary relocation, in which event the permittee shall deposit with the Department of Public Works 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 Sections 12.08.090 and 12.08.100.

(Prior code § 29-23)

Before a permittee performs any work covered by this chapter, he or she shall obtain from the Department of Public Works 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 Department of Public Works may specify in any permit issued therefor the size, the type of material and the grade of the culvert.

(Prior code § 29-24)

Each permittee under this chapter 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 Department of Public Works. In addition, all work to be performed in, upon, or across highways shall be in accordance with and conform to the standards established by this chapter.

(Prior code § 29-25)

The Director of Public Works may waive inspection if he or she believes such inspection is not necessary for the best interest of the City.

(Prior code § 29-26)

If any stakes set for any work covered by this chapter are disturbed or destroyed and it becomes necessary to set additional stakes, the permittee shall deposit a sum estimated by the Department of Public Works to be sufficient to pay the cost of setting such additional stakes. The Department of Public Works 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 Sections 12.08.090 and 12.08.100.

(Prior code § 29-27)

A permittee under this chapter shall place and maintain adequate warning signs, lights and devices conforming to the State Division of Highways Manual of Traffic Controls and the County Road Department Manual of Warning Signs, Lights and Devices throughout the length of the work and at each end of the project until the work is completed to the satisfaction of the Department of Public Works. The permittee shall take such other precautions as may be necessary for the protection of the traveling public. The Department of Public Works may, as a condition of the issuance of a permit, specify such additional signs or warning devices or measures to be used by the permittee, but the failure of the Department of Public Works to so specify the signs, devices or measures shall not relieve the permittee of his or her obligation under this section.

(Prior code § 29-28)

A permittee under this chapter 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.

(Prior code § 29-29)

Whenever any permittee under this chapter has completed any work for which a permit has been granted, he or she shall so notify the Department of Public Works in writing.

(Prior code § 29-30)

If the Director of Public Works, 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 chapter, he or she shall issue, if requested to do so 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.

(Prior code § 29-31)