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SEC. 62.05.  EXCAVATIONS IN AND ADJACENT TO STREETS – CHARGES.
   (Amended by Ord. No. 121,900, Eff. 6/4/62.)
 
   (a)   Excavation Permit Fees.  (Amended by Ord. No. 184,054, Eff. 3/6/16.)
 
   1.   Fixed Fee Permits.  For an excavation of 1,000 square feet of area or less, except for fees subject to the provisions of Subdivision 2. of this subsection, the Bureau of Engineering shall charge and collect the following permit and inspection fees:
 
   (aa)   Excavation Utility (U) Permit.  Excavation utility (U) permits are issued to public utilities regulated by the Public Utilities Commission of the State of California, and except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (U) permit is $191.  The fee to inspect each U permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
 
   (bb)   Excavation (E) Permit.  Except for permits subject to the provisions of Subdivision 2. of this subsection, the fee to process an excavation (E) permit is $438.  The fee to inspect each E permit of an excavation area of 99 square feet or less is $114, and the fee to inspect an area of more than 99 square feet, but less than 1,000 square feet, is $2.20 per square foot.
 
   (cc)   Special Inspection Charges.  In addition to the fees identified in Paragraphs (aa) and (bb) of this subdivision, the Bureau of Engineering may, when the Bureau of Engineering or the Bureau of Contract Administration determines that additional inspections beyond those ordinarily required in overseeing work permitted by an excavation utility (U) permit or excavation (E) permit are required, charge a fee for additional inspections.  The fee for conducting additional inspections pursuant to the provisions of this paragraph is $95 per hour, except that there will be a minimum four hour charge of $380 for inspections on weekends or on any day determined to be a holiday pursuant to the provisions of Section 4.119 of the Los Angeles Administrative Code.
 
   The charges authorized by this paragraph shall apply to all fixed fees imposed or collected by the Bureau of Engineering for the issuance or administration of any permit authorized by this Code where the Bureau of Engineering or the Bureau of Contract Administration, requires inspections in addition to those paid for by the underlying fee.
 
   2.   Actual Cost Permits.  The fee to process a (U) or (E) excavation permit for an excavation of more than 1,000 square feet in area, or to process a (U) or (E) excavation permit for an excavation of 1,000 square feet or less in area where the Bureau of Engineering determines that due to the complexity of the permitted work it would cost more to issue and administer a permit than would be collected pursuant to the provisions of Subdivision 1. of this subsection, is the actual cost of services provided by the City for issuance and oversight of the permit and the permitted project, except for costs that may be incurred by a Proprietary Department subject to the provisions of Article VI of the City Charter, and except for the Street Damage Restoration Fee and the Slurry Seal Damage Restoration Fee.  The actual cost determination shall include, but not be limited to, all direct and indirect labor costs, retirement and overhead costs, costs for plan checking and engineering services, project inspection costs, and the costs of testing materials.  Before the Bureau of Engineering may issue a permit subject to the provisions of this subdivision, the applicant must deposit with the Bureau an amount that the Bureau estimates will be the actual costs owed pursuant to the provisions of this subdivision.
 
   For permits and projects that are subject to the provisions of this subdivision, if before completion of the permitted project the Bureau of Engineering determines that additional funds are needed to compensate the City for the actual cost of issuance and oversight of the permit and permitted project, the City may halt all work on the project for which the application was made and require the applicant to pay the amount that the Bureau estimates will be needed to compensate the City for the actual cost of providing its services.  At the conclusion of providing the requested services, if actual costs to the City are less than the amount deposited, the applicant shall be refunded the difference.  The City shall not approve any permitted project until all monies owed pursuant to the provisions of this subdivision are paid.  Notwithstanding the first sentence of this subdivision, the City reserves the right to impose additional fees and charges for services provided or costs incurred that were not included in the basis of the determination of the actual cost of City services.
 
   3.   Tie-Back fees.  In addition to the fees imposed pursuant to the provisions of Subdivisions 1. and 2. of this subsection, the following fees shall apply to excavations requiring shoring that contain tie-backs:
 
   (aa)   For each tie-back installed in a public right-of-way, a fee of $623.
 
   (bb)   For each de-tensioned anchor rod left in place less than 20 feet below the street surface within a public right-of-way, a fee of $2,101.
 
   4.   Resurfacing Charges.  When an excavation subject to the provisions of Paragraph (bb) of Subdivision 1. of this subsection requires the resurfacing of public streets or alleys, or replacing sidewalks, curbs or gutters, the Bureau of Engineering shall charge and collect applicable fees identified in Subsection (b) of Section 62.109.
 
   (b)   Resurfacing Charges.
 
   1.   Schedule of Fees.  (Amended by Ord. No. 157,341, Eff. 2/13/83.)
 
   aa.   The Board, with concurrence of the Director of the Office of Administrative and Research Services (Amended by Ord. No. 173,363, Eff. 7/29/00, Oper. 7/1/00.) shall determine on a regular basis, the verifiable costs of the City for services provided by the City whenever the improved surface of an excavated or damaged street is replaced by the Board, or the restoration of an unimproved surface of a street is subject to inspection by the Board. Those costs shall be used by the Board to develop, and at any time during each fiscal year but not later than April 1 the Board shall adopt a cost recovery schedule of applicable charges necessary to recover City costs of inspection and other services performed with respect to a specific type of work or improvement.
 
   For the purposes of this section, the word “excavation,” or any derivation thereof, shall mean each single continuous broken surface area of a street, sidewalk, driveway, curb, pavement or gutter.
 
   The schedule of charges shall be based upon verifiable costs of surface replacement or restoration, including inspection costs, direct labor and material costs, retirement costs on direct labor, and departmental and general City overhead applicable to the inspection or the type of work or improvement involved. It shall take into consideration the number of permits issued and affected by those charges within the period of time used for reference in the development of charges. Charges for unimproved areas or areas permanently resurfaced by a permittee, for asphalt concrete pavement, for concrete pavement, gutter, or driveway, and for concrete sidewalks shall be measured at a rate per square foot; for concrete curbs at a rate per linear foot; and for leakage detection holes and for stake holes, at a rate for each hole.
 
   The schedule shall also provide for, and the Board shall collect, a minimum charge applicable to each particular type of work or improvement otherwise in effect under the schedule. The minimum charge shall be calculated on the following basis:
 
   (1)   For unimproved areas or areas permanently resurfaced by a permittee, a minimum charge equal to the City charge in effect for a unit of 100 square feet of such work;
 
   (2)   For asphalt concrete pavement, and for a concrete pavement gutter, driveway, or sidewalk, a minimum charge equal to the City charge in effect for a unit of 10 square feet of such work;
 
   (3)   For concrete curb, a minimum charge equal to the City charge in effect for a unit of 3 linear feet of such work; and
 
   (4)   For leakage detection and stake holes, a minimum charge equal to the City charge in effect for a unit of 4 holes.
 
   bb.   Upon the adoption of a schedule of verified costs by the Board as provided herein, the Board shall transmit copies of the Board order to the Mayor and to the City Council. At any time within 30 days after the receipt of the Board order, the Mayor, by writing, or the Council, by majority vote, may disapprove the Board order. If neither the Mayor nor the City Council disapproves the Board order within the 30-day period, the schedule shall become effective, and the Board shall collect charges according to the new schedule.
 
   2.   Minimum Charge for Each Type of Resurfacing.  The minimum charge for each permit to cover the cost of inspection of the restoration of unimproved areas will only be made when no other type of resurfacing is included in the permits. If another type of resurfacing is included, the charge for inspection of the restoration of unimproved areas will be based upon the actual area excavated times the unit charge for such inspection. The minimum charges for all other types of resurfacing will be made, when applicable, whenever any such resurfacing is actually placed regardless of whether one or more types of resurfacing is involved.
 
   3.   Minimum Charge for a Permit.  On permits issued where no resurfacing is actually done, a minimum charge of $31.00 will be made.  The fee herein shall be adjusted, if required, in order to recover the City’s administrative costs, and adopted in the same manner as provided in Section 12.37 I.1. of the Los Angeles Municipal Code for establishing fees.  (Amended by Ord. No 168,734, Eff. 5/31/93.)
 
   (c)   (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
 
   (d)   (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
 
   (e)   (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
 
   (f)   (Repealed by Ord. No. 182,237, Eff. 9/28/12.)
 
   (g)   (Repealed by Ord. No. 182,237, Eff. 9/28/12.)