Chapter 11.24 CONSTRUCTION PERMITS

A. The provisions of this chapter apply only to permits for the laying, constructing, reconstructing, or repairing of curbs, sidewalks, gutters, driveways, highway surfaces, retaining walls, storm drains, culverts, or other appurtenant highway structures.
B. This chapter also applies to permits for the constructing, reconstructing, or repairing by any private individual, copartnership, firm or private corporation of any highway light, or highway lighting system in any highway or in any privately owned thoroughfare which is open to public travel. (Ord. 222 §§ 75, 75.1, 1955).

11.24.020 Exemption for emergency when county offices closed.

Nothing in this chapter prohibits any person from maintaining by virtue of any law, ordinance or permit, any pipe or conduit in any highway, or from making such excavation as may be necessary for the preservation of life or property when such necessity arises during such hours as the offices of the county are closed, if the person making such excavation obtains a permit therefor within one day after the offices of the commissioner are first opened subsequent to the making of such excavation. (Ord. 222 § 73, 1955).

11.24.030 Permit grant subject to right to use highway.

Every permit for an excavation in or under the surface of any highway shall be granted subject to the right of the county or of any other person entitled thereto, to use that part of such highway for any purpose for which such highway may lawfully be used. (Ord. 222 § 74, 1955).

11.24.040 Permit application--Contents.

An applicant for a permit shall state in his application:
A. The location and extent of the work to be performed, including, if the work relates to highway lighting, plans and specifications;
B. The materials to be used;
C. Such other information as the commissioner may require. (Ord. 222 § 76, 1955).

11.24.050 Deposit or engineering and inspection fee payment.

An applicant for a permit to construct any work, except curbs, walks, gutters or highway surfaces, shall, in addition to the issuance fee, pay or make a deposit for an engineering or inspection fee, or an engineering and inspection fee as follows:
A. An amount estimated by the commissioner to be equal to twice the actual cost of all necessary engineering and inspection. An applicant for a permit to construct a driveway with surfacing other than dirt, gravel or decomposed rock, shall, in addition to the issuance fee, pay an engineering and/or inspection fee as follows:
B. For each residential driveway, one dollar and fifty cents;
C. For each commercial driveway, ten dollars.
(Ord. 222 § 77, 1955).

11.24.060 Actual cost--Refund--Excess payment.

A. The engineering and inspection costs provided for in subsections B and C of Section 11.24.050 shall be presumed to be the actual cost. A refund shall not be made to any applicant unless the inspection and/or engineering fee was erroneously collected, in which case the entire amount may be returned, or if the driveway or driveways were not constructed by the permittee, the applicant may apply for a refund of the unused fees less a charge of one dollar and fifty cents on the permit for final inspection charges. Where the deposit has been made under subsection A of Section 11.24.050, the commissioner shall deduct from the deposit the amount of the issuance fee and the actual cost to the county of the required engineering and inspection. If such cost and fee is less than the deposit, the difference shall be refunded to the person making the deposit in the same manner provided by law for the repayment of trust moneys.
B. If the cost, plus the issuance fee, exceeds the deposit, the permittee shall pay the excess to the county. If he does not so pay within fifteen days, the county may recover such sum in any court of competent jurisdiction. Until such amount is paid, further permits shall not be issued. (Ord. 222 § 78, 1955).

11.24.070 Permit to construct a residential driveway.

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:
A. The distance from the curbline to the property line does not exceed ten feet; and
B. There is no space between the sidewalk and the curb; and
C. The distance from the inside of the sidewalk and the property line does not exceed five feet; and
D. The driveway will be inspected by a competent governmental agency other than an agency of the county, 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 county. (Ord. 222 § 78.1, 1955).

11.24.080 Inspection.

If an applicant receives a permit pursuant to the provisions of Section 11.24.070 and the governmental agency referred to in subsection D of 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. 222 § 78.2, 1955).

11.24.090 Engineering or inspection fee exemption.

The commissioner shall not charge any engineering or inspection fee for a permit to construct curbs, walks, gutters, or highway surfaces. (Ord. 222 § 79, 1955).

11.24.100 Permit application--Plans may be required.

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 be accompanied by the necessary plans, which plans shall be prepared by a competent engineer. (Ord. 222 § 80, 1955).

11.24.110 Permit--Issuance.

If the applicant complies with every provision of this article and with all applicable provisions of all other ordinances and statutes, the commissioner may issue to the applicant a written permit to perform the work set forth in the application. (Ord. 222 § 81, 1955).

11.24.120 Denial of highway lighting application.

If an application relating to highway lighting is denied the applicant may apply to the board of supervisors for such a permit. (Ord. 222 § 81.1, 1955).

11.24.130 Work commencement and completion times.

Every permittee shall commence the proposed work within sixty days after the granting of the permit and thereafter prosecute the work in a diligent and workmanlike manner to completion. (Ord. 222 § 82, 1955).

11.24.140 Permit revocation when commencement delayed.

Unless in his opinion a good and sufficient reason exists for the delay, the commissioner may revoke a permit unless work thereunder is commenced within sixty days of the date of issuance. (Ord. 222 § 83, 1955).

11.24.150 Permit denial or revocation when work to be done by assessment district.

The commissioner may refuse to issue permits or may revoke any outstanding permits heretofore or hereafter issued, or any portion thereof, where the work has not been started, when the work is authorized by the permits, or such portion thereof is included in the proposed work to be done by any existing assessment district, or by any proposed assessment district, concerning the formation by which the debt limit report required by law has been filed. (Ord. 222 § 84, 1955).

11.24.160 Permit revocation--Refund.

When a permit has been revoked by the commissioner the permittee may obtain a refund of any unused fee paid or unused deposit made. No part of any issuance fee may be refunded. (Ord. 222 § 85, 1955).

11.24.170 Structure relocation expense.

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 that case 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 11.24.060. (Ord. 222 § 86, 1955).

11.24.180 Lines and grades required for work.

Before a permittee performs any work covered by this chapter he shall obtain from the commissioner the lines and grades therefor. (Ord. 222 § 87, 1955).

11.24.190 Performance standards--Inspection waiver.

The permittee shall perform all work in accordance with plans, if plans are made, and specifications referred to in the permit, and to the satisfaction of and under the supervision of the commissioner.

The commissioner may waive inspection if he believes such inspection is not necessary for the best interests of the county. (Ord. 222 § 88, 1955).

11.24.200 Additional stake setting expense.

If any stakes set for any work by this chapter 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 11.24.060. (Ord. 222 § 89, 1955).

11.24.210 Inspector application.

Not less than eighteen hours before the commencement of any work covered by this chapter, 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. 222 § 90, 1955).

11.24.220 Barriers and warning device placement.

A permittee shall place and maintain at each end of the work, not more than fifty 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. (Ord. 222 § 91, 1955).

11.24.230 Work completion notification.

Whenever any permittee has completed any work for which a permit has been granted, he shall so notify the commissioner in writing. (Ord. 222 § 92, 1955).

11.24.240 Issuance of certificate of acceptance.

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 article, he 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. (Ord. 222 § 93, 1955).

11.24.250 Adherence to article and permit terms required.

Every person who performs any work covered by this chapter 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. 222 § 94, 1955).

11.24.260 Material and debris removal.

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. 222 § 95, 1955).

11.24.270 Compliance with street lighting system and appurtenances standards.

Every highway light and highway lighting system installed or constructed in any highway or private thoroughfare which is open to public travel, and any excavation or backfill therefor, shall be made to conform in workmanship and material, and manner of construction, with those certain specifications of the commissioner designated as “Standard Specification for the Construction of Lighting Systems and Appurtenances thereto in the County of Madera, California,” as approved by the board of supervisors, as the same shall exist at the date of the issuance of the permit, in so far as such specifications may be applicable thereto. (Ord. 222 § 96, 1955).

11.24.280 Highway dedication--Light or lighting system investigation.

If any person offers to dedicate as a highway any land upon which any highway light or highway lighting system has been installed, the clerk of the board of supervisors, before presenting such offer to the board, shall refer such offer to the commissioner for investigation and report as to whether such highway light or highway lighting system conforms with the requirements of this article and with the specifications adopted hereby. (Ord. 222 § 97, 1955).

11.24.290 Highway dedication--Light or lighting system acceptance.

Upon reference to him the commissioner shall make an adequate investigation of such highway light or highway lighting system, and the construction and installation thereof and shall report, in writing, to the board of supervisors advising it as to whether or not such highway light or highway lighting system so complies, and if not, what changes or alterations are necessary so that such light or system will conform.

If such light or system does not conform, the board of supervisors shall not accept such offer of dedication unless and until such light shall have first been made to conform to the provisions of this article and to the said specifications. (Ord. 222 § 98, 1955).

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